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08-25-92 Regular " CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - AUGUST 25. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, 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 wi thin 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 addre s s ed 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 address the Commission is granted by majority vote of the Commission members present. .. .. City Commission Regular Meeting 8/25/92 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 July 28, 1992 and August 11, 1992 and Special Meeting Minutes of August 18, 1992. 6. Proclamations: 7. Presentations: A. Resolution No. 95-92 recognizing and commending n'Detenga n'Gurumo for his outstanding accomplishments in obtaining Laboratory Certification for the Water Treatment Plant. 8. Consent Agenda: City Manager recommends approval. A. AUTHORIZATION TO TRANSFER FUNDS: Authorize staff to transfer funding in the amount of $138,000 from the Decade of Excellence Interest Earnings (Account No. 225-0000-361-10.00) to Decade of Excellence N.W. Drainage Project (Account No. 225-3161-541-61.39) to offset the cost of reconstructing N.W. 3rd Avenue and to extend the DIP watermain to provide services to the Community Center, Fire Station and proposed Tennis Center site. B. FINAL PAYMENT AND TERMINATION OF CONTRACT/LEDBETTER ELECTRIC: Authorize staff to make a final payment in the amount of $38,516.06 for material purchased by Ledbetter Electric for new lights at the Tennis Center and cancel the contract for installation of lighting; with funding from 1987 -2- .. City Commission Regular Meeting 8/25/92 Utility Tax/Tennis Center Capital Outlay Improvements-Other (Account No. 333-4145-572-60.69). C. REOUEST TO HOLD A SPECIAL EVENT: Approve a request to hold a Gospel Rally on September 5, 1992 at the Body of Christ Outreach Church on property adjacent to Mario's Market at 946 West Atlantic Avenue between the hours of 12 Noon to 5:00 p.m. D. INTERLOCAL AGREEMENT BETWEEN THE CITIES OF DELRAY BEACH. BOCA RATON AND PALM BEACH COUNTY: Approve an interlocal agreement between the Cities of Delray Beach, Boca Raton and West Palm Beach and with Palm Beach County which designates the County as the local government within the eligible metropolitan area to receive and administer funds under the Housing Opportunities for Persons with Aids (HOPWA) Program. E. PETITION AND CONSENT FOR INCLUSION/INTERLOCAL AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT: Authorize staff to submit the Petition and Consent for Inclusion within the boundaries of the Lake Worth Drainage District and approve the interlocal agreement with them for the District to receive stormwater runoff from the Tennis Center property site. F. MUTUAL AID AGREEMENT: Approve a mutual aid agreement with the City of Boca Raton for cooperative law enforcement and assistance in disasters. G. RESOLUTION NO. 94-92: A resolution vacating and abandoning a 1.5 foot section of a 16 foot alleyway lying within Block 72, located on the east side of Swinton Avenue between S.E. 3rd and 4th Streets to accommodate the encroachment of an existing residence. H. FINAL PLAT APPROVAL: Approve the final plat for Blair's Downtown Subdivision located at the northwest corner of East Atlantic Avenue and N.E. 5th Avenue. I. RESOLUTION NO. 93-92: A resolution abandoning easements and alleys in conjunction with the expansion of the Delray Lincoln Mercury Dealership located south of Linton Boulevard between Dixie and Federal Highways. J. FINAL PLAT APPROVAL: Approve the final plat for the Delray Lincoln Mercury Dealership located south of Linton Boulevard between Dixie and Federal Highways. K. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from Ralph Buick, Inc. for the purpose of installing a potable water transmission main on Federal Highway along the north property line of Ralph Buick to Florida Boulevard. L. CAPITAL IMPROVEMENT BUDGET: Receive the report from the Planning and Zoning Board with regard to the consistency of the -3- .. ". .. City Commission Regular Meeting 8/25/92 Capital Improvement Program and Budget for Fiscal Year 1992/93 with the Comprehensive Plan. M. WAIVER OF THE LANDSCAPE CODE: Waive certain provisions of the Landscape Code with respect to expansion of the Cason Cottage parking area. N. WAIVER OF THE LANDSCAPE CODE: Waive certain provisions of the Landscape Code with respect to expansion of the parking area at the South County Governmental Complex located on S. Congress Avenue. O. RESOLUTION NO. 90-92: A resolution assessing costs for abatement action necessary to remove nuisances on 35 properties located within the City. P. RESOLUTION NO. 91-92: A resolution assessing costs for abatement action necessary to . board up- unsafe conditions at 18 S.E. Dolphin Drive. Q. AWARD OF BIDS AND CONTRACTS: 1. Swale Reconstruction Project - Homewood Boulevard - Asphalt Construction of Palm Beach, Inc. in the amount of $43,663.19 with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). 2. Public Works Garage Renovation Project - Olympic Industries, Inc. in the amount of $110,810 with funding from 1987 Utility Tax - Garage Improvements Other (Account No. 333-3351-591-60.69) and General Construction Fund Garage Improvements Other (Account No. 334-3351-591-60.69). 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period August 10, 1992 through August 21, 1992. B. APPEAL OF SITE PLAN REVI EW AND APPEARANCE BOARD DECISION: Consider an appeal of a SPRAB decision with regard to the color of the sign for BizMart. Staff recommends approval of the appeal. C. CENTRAL BUSINESS DISTRICT MASTER PARKING PLAN: Accept and file the Planning and Zoning Board's comments and recommendations with regard to the Central Business District Master Parking Plan. D. MORIKAMI LOAN AGREEMENT REOUEST FOR EXTENSION: Consider a request for a one year extension of the interest-free provision -4- Of '" City Commission Regular Meeting 8/25/92 contained in the Morikami Loan agreement for the relocation of the Sundy Feed Store. E. RESOLUTION NO. 92-92: A resolution authorizing the issuance of not exceeding $3,000,000 principal amount General Obligation Bond Anticipation Note, Series 1992A, pursuant to a Line of Credit made available through Barnett Bank for the purpose of providing short-term financing for various Decade of Excellence Projects including but not limited to the cost of design, engineering and construction of various Fire facilities projects. F. WATER AND SEWER RATES: Review rate model for water and sewer services. G. DESIGNATION AS A CITYWIDE FACILITY/AUTHORIZATION TO TRANSFER FUNDS: Designate the Tennis Stadium and facilities as a citywide facility in order to pull funds from all Impact Fee Zones and authorize staff to transfer funds various accounts. City Manager recommends approval. H. AUTHORIZATION TO PROCEED/BEACH NOURISHMENT PROJECT: Authorize Coastal Planning and Engineering, Inc. to proceed with the construction phase engineering for the Beach Nourishment project and approve a deduct change order for the bidding and negotiation phase. City Manager recommends approval. I. REJECT BID AND AUTHORIZE RE-BID: Reject the bid submitted for'18HP Hydraulic Unit with Hydra-Stop side tap adaptor kit and accessories and authorize staff to re-bid the project following modification of the bid specifications. City Manager recommends approval. J. AMENDMENT NO. 7A TO SERVICE AUTHORIZATION NO. 7/HAZEN AND SAWYER: Approve an amendment to Service Authorization No. 7 in the amount of $26,310 for consulting engineering services to prepare specifications, contract drawings, permit applications, bidding, negotiation and construction services for roadway improvements for the Silver Terrace project area; with funding from Decade of Excellence Bond Issue - Street Reconstruction {Account No. 225-3162-541-61.17}. City Manager recommends approval. K. AWARD OF PROJECT/JOHNSON AND DAVIS. INC. : Award the project for sanitary sewer installation on Lake Drive and N.W. 13th Street to Johnson and Davis, Inc. in the amount of $22,734; with funding from 1991 Water and Sewer Revenue Bond Issue - Enclave Water/Sanitary Sewer Phase I (Account No. 447-5167-536-60.31). City Manager recommends approval. 10. Public Hearings: -5- " ,. City Commission Regular Meeting 8/25/92 A. DETERMINATION OF SUBSTANTIAL DEVIATION: Determine whether the addition of Builder's Square to the Delint/Waterford DRI constitutes a substantial deviation from the approved Development of Regional Impact ( DRI ) . B. ORDINANCE NO. 28-92: An ordinance adopting Comprehensive Plan Amendment 92-1. City Manager recommends approval. If passed second public hearing September 8th. 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. 29-92: An ordinance rezoning and placing land presently zoned MIC (Mixed Industrial and Commercial) district in I (Industrial) district; said land being located at the west end of Georgia Street, adjacent to 1-95 If passed public hearing September 8th. - B. ORDINANCE NO. 30-92: An ordinance rezoning and placing land presently zoned AC (Automotive Commercial) district in part, and MIC (Mixed Industrial and Commercial) district in part, in AC (Automotive Commercial) district; said land being located on the north side of Linton Boulevard, between Wallace Drive and I-95. If passed public hearing September 8th. C. ORDINANCE NO. 31-92: An ordinance rezoning and placing land presently zoned OS (Open Space) district in I (Industrial) district; said land being located on the north side of S.W. 10th Street between S.W. 17th Avenue and 1-95. If passed public hearing September 8th. D. DELETED. E. DELETED. F. ORDINANCE NO. 34-92: An ordinance rezoning and placing land presently zoned OS (Open Space) district in R-1A (Single Family Residential) district; said land being located on the northwest corner of S.W. 2nd Street and S.W. 15th Avenue. If passed public hearing September 8th. G. ORDINANCE NO. 35-92: An ordinance rezoning and placing land presently zoned GC (General Commercial) district, in part, and MI C (Mixed Industrial and Commercial) district, in part, in MIC (Mixed Industrial and Commercial) district; said land being located on the north side of West Atlantic Avenue, approximately -6- ,. ,. City Commission Regular Meeting 8/25/92 190 feet west of Congress Avenue. If passed public hearing September 8th. H. ORDINANCE NO. 36-92: An ordinance rezoning and placing land presently zoned R-1A (Single Family Residential) district in CF (Community Facilities) district; said land being located at the southeast corner of N.W. 3rd Avenue and N.W. 1st Street and the northwest corner of N.W. 2nd Avenue and N.W. 1st Street. If passed public hearing September 8th. 1. ORDINANCE NO. 37-92: An ordinance rezoning and placing land presently zoned CBD (Central Business District) in CF (Community Facilities) district; said land being located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street. If passed public hearing September 8th. J. ORDINANCE NO. 38-92: An ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in RM (Multi-Family Residential) district; said land being located on the west side of Florida Boulevard, between Dogwood Drive and Avenue "C". If passed public hearing September 8th. K. ORDINANCE NO. 39-92: An ordinance rezoning rezoning and placing land presently zoned RM (Multi-family Residential) district in R-1AA (Single Family Residential) district; said property being located on the southwest corner of Brooks Lane and Ocean Boulevard. If passed public hearing September 8th. L. ORDINANCE NO. 40-92: An ordinance rezoning and placing land presently zoned MIC (Mixed Industrial and Commercial) district, in part, and GC (General Commercial) district, in part, in MIC (Mixed Industrial and Commercial) district; said land being located on the south and north sides of West Atlantic Avenue between 1-95 and Congress Avenue. If passed public hearing September 8th. M. ORDINANCE NO. 41-92: An ordinance amending Subsection 4.6.15(G) "Yard Encroachment" of the Land Development Regulations to allow swimming pools to be located to within five feet of a rear or side yard, when such property line is adjacent to at least 50 feet of open space, and to reduce the minimum street side setback required for swimming pools from 15 feet to 10 feet. If passed public hearing September 8th. N. ORDINANCE NO. 42-92: An ordinance amending the Land Development Regulations to update the off-site parking regulations. If passed public hearing September 8th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -7- .. - ---_._._---------_.__.._-~._--- RESOLUTION NO. 95-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING n'DETENGA n 'GURUMO FOR HIS ACCOMPLISHMENTS AT THE WATER TREATMENT PLANT. WHEREAS, n' Detenga n I Gurumo was born in Ft. Lauderdale, but grew up just one block from City Hall in Delray Beach; and, WHEREAS, n' Detenga n I Gurumo has been employed by the City of Delray Beach as a Laboratory Supervisor at the Water Treatment Plant for the past two years; and, WHEREAS, in July n'Detenga n'Gurumo was instrumental in obtaining Laboratory Certification for the Water Treatment Plant in Gas Chromatography, Atomic Absorption Spectroscopy, Wet Chemistry and Microbiology so that all testing can now be done in-house; and, WHEREAS, the laboratory performed over 25,000 chemical analyses and 1200 bacteriological analyses during Fiscal Year 1992 for such agencies as the Florida Department of Environmental Regulation, the U.S. Environmental Protection Agency and Palm Beach County Health Department: and, WHEREAS, previously this testing had to be sent to outside laboratories at great expense to the City; and, WHEREAS, this will result in an estimated savings exceeding $300,000 in Fiscal Year 1993 for the City; and, WHEREAS, acquiring this Laboratory Certification involved extensive schooling and many hours of extra work on the part of n'Detenga n'Gurumo, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby recognizes and commends n' Detenga n I Gurumo for his outstanding accomplishments in obtaining Laboratory Certification for the Water Treatment Plant. PASSED AND ADOPTED in regular session on this the 25th day of August, 1992. MAY 0 R ATTEST: City Clerk . '7 .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # gA - MEETING OF AUGUST 25. 1992 AUTHORIZATION TO TRANSFER FUNDS DATE: August 21, 1992 This item is before you to authorize staff to transfer funding in the amount of $138,000 from the Decade of Excellence Bond Issue - Interest Earnings (Account No. 225-0000-361-10.00) to the Decade of Excellence N.W. Drainage Project (Account No. 225-3161-541-61.39) to offset the cost of reconstructing N.W. 3rd Avenue and to extend the DIP water main to provide services to the Community Center, Fire Station and proposed Tennis Center site. At the August 11, 1992 regular meeting the Commission approved Change Order No. 3 to the contract with Molloy Brothers, Inc. in the amount of $277,569. There is currently $15,918.39 in the Decade of Excellence N.W. Drainage Project fund. With the transfer from Interest earnings in the amount of $138,000 and $123,114 encumbered from the 1991 Water and Sewer Revenue Bond - Water Distribution Improvements (Account No. 447-5174-536-61.78) this project will be fully funded. Recommend authorization to authorize staff to transfer funding in the amount of $138,000 from the Decade of Excellence Bond Issue - Interest Earnings (Account No. 225-0000-361-10.00) to the Decade of Excellence N.W. Drainage Project (Account No. 225-3161-541-61.39). .. " . , City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date August 19, 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number ~7,!tGSD (5) Requested By: William H. Greenwood, Director of Environmental Services (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 225-0000-361-10.00 Interest Earnings $ 138,000 225-3161-541-61.39 N.W. Drainage Project $ 138,000 (10) TOTAL $ 138,000 $ 138,000 JUSTIFICATION: Transfer necessar to cover co e Order No. 3 for Mollo Brothers, Inc. Total chan e order is Work is reconstruction of N.W. 3rd Avenue from N.W. 2nd Street to Atlantfc Avenue n in from N.W. 3rd Avenue a10n N.W. 1st St N.W. 2nd Avenue. Cit Commission a roved this chan e order on Au use II, 1992. (Rest of fundin will be from 447-517~536-61.78 at $123,114) Department Head Asst City Manager Bud et Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGlNAI_-Rllnr,FT ~ANARV-FII i= 1:)'''''1( _ni=1:) ^ DTUCIIIT .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Pi SUBJECT: AGENDA ITEM i ~J3 - MEETING OF AUGUST 25. 1992 FINAL PAYMENT AND CANCELLATION OF CONTRACT/LEDBETTER ELECTRIC DATE: August 21, 1992 At the December 101 1991 regular meeting the Commission awarded the bid for the Tennis Court Lighting project to Ledbetter Electric. This project was to upgrade the current lighting situation at the Municipal Tennis Center. As the Tennis Center is being reconstructed and expanded 1 staff feels that this project is no longer necessary as lighting will be configured to meet the project currently underway. Therefore, this item is before you to approve the final payment to Ledbetter Electric in the amount of $38,516.06 and to cancel the contract. The final payment amount includes materials and labor to date. The material purchased will become the property of the City and will be used in the current Tennis Center project. Recommend approval of the final payment to Ledbetter Electric in the amount of $38,516.06 with funding from 1987 Utility Tax/Tennis Center Capital Outlay Improvements-Other (Account No. 333-4145-572-60.69), and cancellation of the contract with Ledbetter Electric for the Tennis Court Lighting project. .. .- '. ~ [ITY DF DELAAY BEA[H ';Ij', .', ,.i_.-i. MEMORANDUM TO: David Harden city Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Tennis Center Lights DATE: August 18, 1992 As' you are aware, Bid #92-07 for new lights at the Tennis Center was awarded to Ledbetter Electric by City Commission in December of 1991. On or about that time, City Commission was discussing the possible relocation of the Tennis Center. As it turned out, City Commission decided to relocate the Tennis Center to its present site. When that became apparent, I recommended to you to stop the installation of the Tennis Center lights. At my request, Digby Bridges reviewed these new lights and indicated that they can indeed be used in the construction of the new Tennis Center. Attached is a bill from Ledbetter Electric in the amount of $38,516.06 for labor and materials to date. Also attached is a letter from Thompson Engineering Consultants indicating the bill is fair and reasonable for the labor and materials as charged by Ledbetter. Please place this on the consent agenda for August 25, 1992 for City Commission consideration. Parks and Recreation cc: Ted Glas, Purchasing Officer Alison MacGregor Harty, City Clerk JW:cp Ref:cnsntled THE EFFORT ALWAYS MATTERS .. I.......! 'l..J LJL L.: F:. \\)~t11ER fLECrl/ ,....jfJinhe !..- ~ (-i(i -~: "-"-'":':1-" - - - - - \: INC. 'Ie 1.) C:~ t... t:7.' :: 214 N, Swinton Avenue Defray Beach, FL 33444-2724 (407) 276-7383 c.. .~- j- ;- J_ Ci : C: I --~ 'y' CITY [!F' DEL.h'(;Y E-; E:: l4 f: J~1 ."j .-~. roo, 11 [jI3'TC" f:j T T r..J : dC)E' L!Jf~ 1 dc)n 1 (i() 1\1 1.1 1. ~~ t P: \/ E' r-j l...i €:? DELF;:PIY BEA[:H >:-1 ;:;:;:;444 F~: i~? : LIGHT I )\iG OF TE':r\jN I ~J c:; Dur;:f ~3 [iu,::if1 tit \1 ...... .. . FIr-ice P:rnC)L!n t. .t..JF!::'SC1'. .1. [.)1:.1 cJn -------------.------...--.--.-..-..-...--.------......-.-...--.-----------.---.-.-.-------.--------.--.--------.-.---.--------.-..- 'u_.__.._.__._.__._. 1 " ()() LU~:;T iJF: F" I :::.:: T LiF;: E: ~3 " F' LJL. f.~~::-3 ~ 2:~~'7 4~~; .. ::;5 :=: :~:; TAS . :~;::j r.'l I ~3CEL. r'lr-iTEi~~; I AL I r~J ~3 -r A L_ L_I:: 1) t fI (>('1 ('; 1 ~3 1, .: F: L.. E: ::.( f;:' ./ J r,.1 :~; LJ f~: rf r.J c:: 1::: r;'!~:' C:i 1. :7:::; II ()() 17:"::,.. ('.Ii."".= 1.00 1 (j ~i: r....j (:1 T t~: F;: I i~ L_ Hf~NU.' ::3TC)j::;:f~C3F~ :~::::;]4.S4 :2 ;:::"7 ..~j. . ::;; .L!. 1 .. ()(j 1. ~.~'.>: Ll.. H. 2:; c;~ 4 :~~; n 6 () ::~ Cj 4 ~~; .. t~ () 1 .. ()(i 1 C"'., r'lf.~:TFI::;: I (.,L Ff;:UF IT 45~':~.) .. 14 45:::;'::::; . 14 _ ....1 /. 161.00 !.-'l{~NHUUF:~:; L.. r:~ B [i F: 11.. 5'':;' 1 8 ~~):=; .. ':.? :::;'1 :~:;() .. t);:) 1""1 P: j\! I..i tJ LJ F;: ~.::3 ~~::3 1....! Fl E: f';;; '.,/ I ~:J Ci f~: 1 cj' .. ::~; .,~~ cltJ'/ .. ()(.1 1 .. (j() 151. U. H. 424 . 9~i 424.9::5 1 .00 1 ~=.s/: LFiBUI::;: F'F:DF I T 488.69 'H3i3 . bC) *NUTE: I !\j Ct. LJ I)F~ ~3 {~iL.L. L.'2lB[JF;: PIND ''If-i TEF;: I PiL F:-C)F~: ~.1 CJ1:\ TU D?; TE . OV- + u~ TU~ -ff -5"3 5 - Y Iy )-- r) d. - t t7. ~ c .__._ _.. __ ___ _ _. .__ ,__ __ ..._ _.._ _._.__.._ _._ ._, .._ _._ __ .__ ..... ,__ _._ .__ ___ __ ___ __ __ __ __ __._ __ .._ __._ ___ _._ __ _._ __._ .__ .__ .._ _._ ..._ __ .__ .__ .._ _._ .__ .__._ .__ - .._/__.__..._ __ _._ ___ _ __ ..._ .._ .n _._ _._ _._ ._,. .__ Y<-j_#/Ob20 fl, ~ _5 ,)");,; Yo !' C"! t ,::1..1 ~ " i ALL CLAIMS AND RETURNS ARE TO BE FILED AND ACCOMPANIED WITH STATEMENT OF BILLING WITHIN 10 DAYS OF BILLING DATE. PENAL TY CHARGES FOR LATE PAYMENT ON PAST DUE DATE ARE AS FOLLOWS 1'\., PER MONTH WHICH IS THE EOUIVALENT OF 18'111 PER YEAR ALL PAYMENTS ARE PAST DUE 30 DAYS FROM BILLING DATE SHOULD THIS ACCOUNT BECOME PAST DUE. PURCHASER AGREES TO PAY ALL COSTS OF COLLECTION. INCLUDING REASONABLE ATTORNEY FEES , PAYA8LES JG8CGSr REoDpT for LEDBETTER ELECTRIC. !NC. PAGE: : ----------------------- RUN DATE: 07!?3!~2 ----------------------- RUN T!11f: 16:35:53 ru,dbles far Job Nueber DBTC DELRAY BEACH TN. CT. 04!Oi!92 thru 07;24 92 JDBC INV01CE iNVDICE AMT TASK VENDOR TYPE VATE VOUCHER' PO NUH !NV NUl': DESCRIF'T!ON M10UNT CREDITS LESS CREDITS BALANCE ======;=============================~=========================~====~================================================================ eES-12 !! 06/05/92 004737 :;n)~ i1dterlai':. :70.89 170.89 170.89 CES-12 /'l 06/30/92 004731 ?()C;(~ ~ Materials 24.92 24.92 24.92 CEs-! 2 H 07107/92 004734 736956 ;~a ter la l~- 6252.63 b252.63 ;..'1C') '\. ~_J... c_ CES-12 !'I 07/07/92 004733 736955 Materials 6926.40 6926.40 6926.4(, CES-12 11 07/07i92 01)4732 20724 Materlal~. 1~Q;' QC, i381. 95 !38!.95 "......,. I 10.1 CES-12 11 07/07/92 004736 736958 Materlals QT\Q '\/ 8338.32 8338.32 CES-12 /'l 07/07/92 004735 736957 Mater1.~ls 648.24 648.24 648.24 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- CONSOLIDATED ELECTRIC SUPPLY !17il~ 1C; .00 23743.35 23743.35 ....... ,............. ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- TOTAL FOP. JOBCOST TYPE = M !~7;1~ "\c; .00 23743.35 1""'4" ..c -...., ".' ......... ~.~l: .j. -J..! ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- TOTAL FOP. gSK 2J743.35 .00 23743.35 23143. 3~! ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- TOTAL FOR JOB Dare DELRAY BEACH TN. CT. 2374.3..35 .00 2-3743.35 2.3743.35 I. - - - .- - - -- - HVAC - -- PLUMBING - - - - - -- ELECTRICAL - - - THOMPSON ENGINEERING CONSUL TANTS August 14, 1992 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Attn: Mr. Joe Weldon Be: City Tennis Courts Dear Joe: I have reviewed the pricing data from Ledbetter t ha t yu transmitted to me. Also, I visited the site to review the work done. I believe the pricing shown is accurate and reasonable for the labor and materials (including poles and fixtures) that the City has received. DET/bb RECEN'ED M't; i 7 ~ 25 SEABREEZE AVENUE, SUITE 202 DElRA Y BEACH. FLORIDA 33483 (407) 274-0200 FAX: (407) 274-0222 " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i ,g e - MEETING OF AUGUST 25. 1992 REOUEST TO HOLD A SPECIAL EVENT/GOSPEL RALLY DATE: August 21, 1992 We have received a request from the Body of Christ Outreach Church to hold a Gospel Rally on September 5, 1992 on property adjacent to Mario's Market at 946 W. Atlantic Avenue between the hours of 12 Noon and 5:00 p.m. A U-Haul trailer bed with a generator for music hook-up, microphone and a logo banner will be used during the event. The proposed theme for the rally is an anti-drug message. This organization held a similar function last year, which was approved by the Commission. The property owner has granted permission to use his property. Recommend approval of the request from the Body of Christ Outreach Church to hold a Gospel Rally on September 5, 1992 on property adjacent to Mario's Market at 946 W. Atlantic Avenue between the hours of 12 Noon and 5:00 p.m. .. " - . , , Agenda Item No.: .Jl.GENDA REQOeST Date: 8/18/92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 8/25/92 Description of agenda item (who, what, where, how much): Request to hold a "Gospel Rally" SeDtember 5. 1992 Body of Christ Outreach Church ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO Recommendation: approval Department Head Signature: ~~---~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation ( if appl icable) : Budget Director Review (required OD 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: ~I NO tr1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved " ,,"', '" MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: REQUEST TO HOLD A "GOSPEL RALLY" ON W. ATLANTIC AVENUE SEPTEMBER 5TH, 1992 I BODY OF CHRIST OUTREACH CHURCH DATE: AUGUST 18, 1992 ITEM BEFORE THE COMMISSION: - - A request to hold a "Gospel Rally" on the property adjacent to Mario's Market, 946 West Atlantic Avenue, on Saturday afternoon, September 5, 1992, between 12:00 noon and 5:00 pm. AU-Haul trailer bed with a generator for music hook-up, microphone and a logo banner will be used during the event. BACKGROUND: Section 110.15 of the City's Code of Ordinances requires City Commission approval prior to the issuance of a temporary occupational license. Section 99.30 provides for the authority of the City Manager to grant a special variance to the Noise Ordinance for such events. The Commission approved this special event last year for the same location. RECOMMENDATION: We are recommending consideration of the request to hold a "gospel rally" as presented by the Body of Christ Outreach Church. Their written request and permission from the property owner for the use of open space are attached for your reference. LB:DQ Attachments D14 Rally.CC ,. '. - BODY OF CHRIST OUTREACH CHURCH hTEST PALM August 14, 1992 City of Delray c/o Ms. LU1a Bultler 100 N.W. 1st Ave. Delray Beach, FL. 33444 "The Wont ",os nUlde flesh and du'ell among us. "John 1: 14 RE. Request to hold another Gospel Rally on.5th, 1992. Dear Ms. Bu1tler: This letter is sent in reponse to our request to have another gospel rally on Alantic ave. between S.W. 12th & S.W. 10th avenue on Sept. 5th 1992. We will still be using a vacant lot that is privately owend to hold this special event. We also understand that we will have to get a- nother written permission allowing us the use of their private pro- perty. We understand that the police department will be notified due to the use of quipment on the property such as: microphone & a show mobile.. The,purpose for this "gospel rally" is to steer our youth away from the serious dangers of drug abuse, thus sharing a positive message of hope & change. We appreciate your efforts in helping us obtain this "fight for life". This special event again is open to the public. We hope to have a few refreshments served durning the rally. Please inform me of the next commission meeting by contacting me at the number following (407) 686-0285 or 1-800 447-8429 x179 ask for Mr - Carlton Gant. We do look forward to hearing from you soon. Again thanks for your efforts of community improvement. May God Bless You pUblic/relation .. ;.,.,. - LRAY COMISSIONER & POLICE DEPT. M~e\d; ~m..1\~. of Bile> ltao.-J>..t::L & De-J...1.., give the BODY OF CHRIST OUTREACH CHURCH permission to use my vacant lot for 5 hrs. on September 6th from 12:00 noon until 5:00pm for the event of a "Gospel Rally". I understand that they will be responsible for cleaning up afterwards of anything left from this event... THANK -- ,. . H . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1/1 SUBJECT: AGENDA ITEM i '{ .D - MEETING OF AUGUST 25. 1992 INTERLOCAL AGREEMENT WITH CITIES OF BOCA RATON AND WEST PALM BEACH AND WITH PALM BEACH COUNTY DATE: August 21, 1992 This item is before you to approve an interlocal agreement with the cities of Boca Raton and West Palm Beach and wi th Palm Beach County which designates the County as the local government within the eligible metropolitan area to receive and administer funds under the Housing Opportunities for Persons with Aids Program (HOPWA). The HOPWA Program was created to provide resources and incentives to local governments to encourage the development of comprehensive strategies with regard to providing housing opportunities for persons with AIDS. The U.S. Department of Housing and Urban Development has awarded Palm Beach County $468,000 which is to be shared between the cities of West Palm Beach, Boca Raton and Delray Beach. However, federal regulations require that entitlement cities designate one local government as the lead agency to serve as the applicant and grantee for this program. At a meeting held on August 10, 1992, representatives of the affected communities unanimously selected Palm Beach County as the designated agency. Therefore, staff has prepared an interlocal agreement for Commission approval. The City Attorney's Office has reviewed the agreement and has approved it as to form. Recommend approval of an interlocal agreement with the cities of Boca Raton and West Palm Beach and with Palm Beach County which designates the County as the local government within the eligible metropolitan area to receive anti administer funds under the Housing Opportunities for Persons with Aids Program (HOPWA) . " . . MEMORANDUM: TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT Lf) RE: APPROVAL OF THE CITY'S PARTICIPATION IN THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM AS AN ENTITLEMENT CITY AND APPROVAL OF THE INTERLOCAL AGREEMENT BETWEEN THE COUN'rY, CITY OF BOCA RATON, CITY OF DELRAY BEACH AND CITY OF WEST PALM BEACH DATE: AUGUST 18, 1992 ITEM BEFORE THE COMMISSION: - - Approval by City Commission of the City's participation in the newly funded Housing Opportunities for Persons with Aids (HOPWA) Program as defined by the Department of Housing & Urban Development. Approval of the Interlocal Agreement between the four (4) CDBG Entitlement Grantees in the County to designate Palm Beach County as the "Designated Agency" to submit the required grant application and to administer the program funds in the amount of $468,000. BACKGROUND: The U.S. Department of Housing and Urban Development sent notification on August 3rd, to all Florida Community Development Block Grant Grantees in Metropolitan Areas eligible for HOPWA funds. As an Urban County, Palm Beach County has been awarded an entitlement amount of $468,000 to be shared with the municipalities of West Palm Beach, Boca Raton and Delray Beach. The HOPWA Program was authorized by the National Affordable Housing Act of 1990 to provide resources and incentives to devise comprehensive strategies for housing for persons with AIDS. Eligibility uses for the funds include but are not limited to the following: - Emergency Housing (rental, mortgage and utilities) - Single-Room Occupancy (SRO) - Community Residences - Housing Information, Counseling and Referrals (to locate, finance, acquire and maintain housing) - Acquisition - Rehabilitation - Conversion - Lease - Tenant-Based Rental Assistance - Routine Maintenance and Operations - New Construction limited to SRO's and Community Residences. .. Page 2 David Harden City Commission Meeting of 8/25/92 The funds will be allocated by the RFP process to eligible agencies which are currently providing services to persons with AIDS. The regulations require that entitlement cities designate one local government as the lead agency to serve as the applicant and grantee for the EMA. Representatives of each community met on August 10th and unanimously selected Palm Beach County as the designated agency. I have therefore drafted the appropriate Interlocal Agreement to be executed by each entitlement community and will be made a part of the County's application to HUD. Attorneys from each City and County have reviewed and approved the agreement for form and contents. There is no commitment of funds or staff resources, other than a few planning meetings, on the part of the Cities. RECOMMENDATION: Staff is recommending City Commission approval of the City's joint participation in the HOPWA program and approval of the proposed Interlocal Agreement appointing the County as the designated agency to submit the required application and receive and administer the grant funds. LB3 HOPWA.CC INTERLOCAL AGREEMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM (HOPWA) - - INTERLOCAL AGREEMENT BETWEEN THE CITIES OF BOCA RATON, DELRAY BEACH, WEST PALM BEACH AND THE COUNTY OF PALM BEACH~ DESIGNATING PALM BEACH COUNTY AS THE LOCAL GOVERNMEN"l' WITHIN THE ELIGIBLE METROPOLITAN AREA TO RECEIVE AND ADMINISTER FUNDS UNDER THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM (HOPWA) : THIS INTERLOCAL AGREEMENT made and entered into this day of , 1992, by and between the Cities of Boca Raton, Delray Beach, West Palm Beach and Palm Beach County; (hereinafter referred to as the "Cities" and "County"). WIT N E SSE T H: WHEREAS, the Housing Opportunities for Persons with Aids (HOPWA) Program was authorized by the National Affordable Housing Act of 1990 to provide resources and incentives to devise comprehensive strategies for meeting the housing needs of 10w- income persons with Aids and related diseases, WHEREAS, under the act entitlement grants are awarded to States and Eligible Metropolitan Areas (EMA'S) which have more than 1,500 cumulative cases of persons with AIDS or a population of more than 500,000, WHEREAS, Palm Beach County is a designated EMA, eligible for a formula allocation, and as the Act requires collaboration from CDBG program entitlement communities within an EMA to designate one entity to serve as the applicant and grantee for the EMA, Page One of Four .. . NOW, THEREFORE, it is agreed between the Cities and County, as follows: Section 1. D~~i~~ated A~~~Cy. Palm Beach County is ------ unanimously elected to be the designated local government for the Eligible Metropolitan Area to serve as the applicant grantee for the HOPWA entitlement grant. As the designated Agency, Palm Beach County will be recognized by HUD as the eligible applicant for the EMA to submit the required application to HUD and receive the grant funds, the County will make assistance under this grant available to eligible persons residing within the EMA. The County will use the funds in accordance with HUD guidelines for the HOPWA program. Section 2. Certifications. The Cities and the County certify that each will cooperate with the other to undertake or aid to assist in the undertaking of the eligible activities for the HOPWA program and that each will affirmatively further fair housing. Section 3. Comprehensive Housing Affordability Strategy. The Cities and the County each shall be responsible for the preparation of a Comprehensive Housing Affordability Strategy (CHAS) for their respective locality, which shall meet the requirements of applicable federal regulations. Section 4. Termination. The one-year duration of this Agreement notwithstanding, the Cities and the County shall not terminate this Agreement prior to carrying out all activities that will be funded from the HOPWA funds awarded, pursuant to the rules and regulations established for this program. Page Two of Four . Section 5. Liability. Subject to applicable law, the acts and omissions for employees of the Cities and County, or their agents, in the performance of this Agreement, shall rest with the Cities and County, respectively. To the extent permitted by law, the Cities and County shall indemnify and hold the other harmless from injuries, damage or claims arising out of the negligence of their own employees or agents. Section 6. Employee Status. Persons employed by the Cities and County who perform services or functions pursuant to this Agreement shall not be deemed to be employees of the other governmental entity. The Cities and County shall remain obligated to provide their respective employees with Worker's Compensation protection, salary and pension benefits, Civil Service or other employees rights and privileges. Section 7. Notice. When notice is required to be given under the terms of this Agreement, it shall be sent to: City Manager County Administrator City of Boca Raton County of Palm Beach 201 W. Palmetto Park Road Post Office Box 1989 Boca Raton, FL 33432 West Palm Beach, FL 33402 City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 City Manager City of West Palm Beach Post Office Box 3366 West Palm Beach, FL 33402 Section 8. Coun terparts. This Agreement may be executed in counterparts, each executed counterpart to be deemed an original. Page Three of Four " HOPWA PROGRAM IN WITNESS WHEREOF, the Cities and County have executed this Agreement the day and year above first written. CITY OF BOCA RATION, FLORIDA Attest: By: Mayor City Clerk CITY OF DELRAY BEACH, FLORIDA Attest: By: Mayor - Thomas E. Lynch City Clerk CITY OF WEST PALM BEACH, FLORIDA Attest: By: Mayor City Clerk PALM BEACH COUNTY, FLORIDA Attest: By: Chairman Board of County Commissioners Clerk of the County Court Approved as to form and Approved as to form and Legal Sufficiency: Legal Sufficiency: City Attorney - Boca Raton County Attorney City Attorney - Delray Beach City Attorney - West Palm Beach Page Four of Four " ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t9/t1 SUBJECT: AGENDA ITEM i rE. - MEETING OF AUGUST 25. 1992 PETITION AND CONSENT FOR INCLUSION/INTERLOCAL AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT DATE: August 21, 1992 This item is before you to authorize staff to submit the Petition for Consent and Inclusion within the boundaries of the Lake Worth Drainage District and to approve the inter local agreement with Lake Worth Drainage District for the Tennis Center site. The Petition for Consent and Inclusion provides for the annexation of the Tennis Center site into the Lake Worth Drainage District for the purpose of providing necessary drainage. The interlocal agreement provides that the District will annex the Tennis Center site into its boundaries contingent upon the City obtaining ownership of the property by March 12, 1993. Additionally, the City is required to submit plans complying with the District's policies for proper drainage and permitting. All costs incurred by the District with regard to the annexation of the Tennis Center site shall be the responsibility of the City. Recommend authorization to submit the Petition for Consent and Inclusion wi thin the boundaries of the Lake Worth Drainage District and approve the interlocal agreement with Lake Worth Drainage District with regard to the Tennis Center site. R emourco fe.om (1nSF:/7T 8 t.; fI}.e. /);Jo,ew.J5 ~ A ffJef) RS 9. /1/1#. me nn/J~ s ~ Ul:577onEtJ () EW -he Yf;IS . IJft:- {'ff;porrss .J ~ 5-0 .. , " ,;ru~J ;I~1.--e~uCR [ITY DF DElRAY BEA[H I - j CITY ATTORNEY'S OFFICE 211: ~~w ls[ A\'LNCE . DELRAY BEACH, Fl.ORIDA 33444 L\CSI\IILE 4()7;27S-47~5 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: August 19, 1992 TO: David Harden, City Manager FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Lake Worth Drainage District Interlocal Agreement and Petition and Consent for Annexation Enclosed please find a copy of the Interlocal Agreement and the Petition for inclusion within the boundaries of the Lake Worth Drainage District. Please place this Interlocal Agreement Qn the City Commission agenda for their approval. The original agreement has been forwarded to the City Clerk. After approval and execution by the Mayor, please forward the signed copy to the Lake Worth Drainage District for their signature. Thanks. /' /~! .f/, / <-.') jl W' , ' ! SAR ! / Enclosure cc William Greenwood, Director of Environmental Services Dick Hasko, Chief Design Engineer Alison MacGregor Hardy, City Clerk . - ,. ~'88 Board of Super\'1sors C. Stanley Weaver Kermit Dell John I. Whitworth III Secr81aIY/Manager William G. Winters LAKE WORTH DRAINAGE DISTRICT Asslslan! Manago Richard S_ Wheeliha. Attorney Perry & Schone. PA 13081 MILITARY TRAIL DELRAY BEACH. FLORIDA 33484 August 13, 1992 City of Delray Beach 200 N.W. 1 ~3t Avenuo De 1 ray BI?i3.ch I FL 33444 Attention: Susan RubYr Esq. A:3S is tan t City Attorney Re: Lake Worth Drainage District! City of Delray Beach Annexation - Property for Tennis Facility Our File No. : Veal" Ms. Ruby: Pursuant to the decision of the Board of Supervisors of tne Lake Worth Drainage Di:3trict at their meeting August 12, 1992, regarding the annexation of property required for the Tennis Facility, enclosed please find a draft of the Interlocal Agreement for your review. Also enclosed is a Petition and Consent for Inclu:3ion Within the Boundaries of the Lake Worth Drainage District. After you have reviewed the aforementioned, ~lease let me have your comments. Sincerely, /') I /,. ~ / ., " ;' i/t"1A~' A. P~~Wt.-~ -' MAP: fac Counsel t(~~ .D. Enclosures cc: Richard Hasko, ASf..1stant: c1 t'1 Engineer, DB William G. Winter:::; ; Manager (/ : I I. \ . I:;~l ). r ' U L__,____ I" "-.-"--- Delray Beach & Boca Raton 498-5363 . BoynlDn Beach & West Palm Beach 737-3835 . FAX (407) 495-9694 .... .-- - --. .. RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail : Delray Beach, FL 33484 PREPARED BY: MARK A. PERRY, ESQ. Perry &. schone, P.A. 50 SE Fourth Avenue Delray Beach, FL 3348.'3 INTERLOCAL AGREEMEN~ THIS AGREEMENT, executed this the _ day of , 1992, by and between LAKE WORTH DRAINAGE DISTRIGT, a Special Taxing District, whose mailing <iddress i:;; 13081 Military Tr<ti l, Delr<ty Beach. Florida 33484. hereinafter referred to as "DISTRICT", <tnd the CITY OF DELRAY BEACH, whose mailing address i$ -- - , hero?inafter ref..;.rred to r.t8 "DELRAY BEACH": and WHEREAS, "DELR1\Y BEACH" either ownEl or lEI in the process of acquiring ownership to the property described in Exhibit flAil, attached hereto and made a part hereof, hereinafter referred to as "PROPERTY"; and WHEREAS. the boundaries or the "VISTRICT" are contiguous and adj<tcent to said "PROPERTY" ; and WHEREAS, "DELRAY BEACH" has requested the "DjSTRICT" to annex that "PROPERTY" ror the purpose 01' providing the neces€lary drainagE' for a Tennis Court Facility to be constructed on the "PROPERTY" ; and WHEREAS, /t is the intent of these governmental agencies to cooperate in prOViding 01' nle publiC needs tor drainCigl? improvements: and WHEREAS, Florida Statute. section 163.01, allows governmental units to make the moat efficient us~ 01' their powE-r", by enabling them to cooperate with other governmental entities on <t hasis or mutual advantage; and WHEREAS, "DISTRICT" agrees to annex the "PROPERTY" In accordance with the term9 and conditions of this Agreement. NOW, THEREFORE ,. for Ten DollarEl ($10.00) arId other good and valuable considerations, r~ceiverl by ~ach party tram the other, it i8 hereby agreed as follows: 1. The tacts above etaterl are true and correct. 2. The "DISTRIGT" agrf..'e9 to annex into its boumiar i es the "PROPERTY", upon receipt at a tully executed "Petition and Consent for Inclusion Within the Bnnndaries of the Lake Worth Drainage District", a copy at which is att<;iched hereto as Exhibit liB" , by all property owners. ~i. "DELRAY BEACH" shall l-WVI? unti 1 March 12, 1YY3 in which to I)ot'-lin c1wnership to the ",,,lid "PROPERTY", and submit <;i tully executed "Petjtion and Consent for Inclusion Within the Boundaries ;. . .. of the Lake Worth Drainage District" to the "DISTRICT" tor annexation of the "PROPERTY" , including a Certificate of Title. : 4 . "DELRAY BEACH" agrees to submit plans complying with the "DISTRICT'S" policies for proper drainage and permitting by the "DISTRICT". .5. All costs incurred by "DISTRICT" in reference to the anneKation of the subject site shall be bornE' by "DELRAY BEACH". 6. In the event it should be determined that a State Legislative act must be enacted by the Florida Legislature tar the annexation of the subject site, it slHd 1 be the reGponsibility of "DELRAY BEACH" to takE' any t 1) t' thE' r' nE'(:e:~sary ~.1. (: t: i (J t"l::.- tor th.,. <<nnexation of the subject ',i tE' wirhjn the houndarjes ot the"DISTRICT". IN WITNESS WHEREOF, the [18rti8~.:; ~.i'? r8 1'. (I hav..:, ~Xf?I"':U ted rhir, Agreement an the rlay and year tirst above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: LAKE WORTH DRAINAGE DISTRICT BY: _________ _____.__4________..________ KERMIT DELL, President Legal Counsel to 13081 Military Trail Lake Worth Drainage District Delray Beach. FL 11484 ATTEST: WILLIAM G. WINTERS, secretary! 13081 Military Trail Delray Beach, FL 33484 (Seal) CITY OF DELRAY BEACH / 'r BY: (Seal) Mayor 100 N.W. 1st Avenue Delray Beach, FL 33444 ~'IJ'flj;;f'l' ~ ~?'11'~'-' ATTEST: ~..... ~~ tt".::a /~'~' City Clerk STATE OF FtO IDA COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared KERMIT DELL and WILLIAM G. WINTERS, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of _ .J 1992 . NOTARY PUBLIC Print Name ot Notary - State ot Florida My Commission Expires: : '2 . . .. STATE OF FLORIDA COUNTY OF PALM BEACH ; I HEREBY CERTIFY that on this day, before me, an officer duly , authorized in the State and county .;..foresaid t.) takl? acknowledgments, personally appeared and --1 known to me or who has (have) produced as identification and who did (did not) take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day ot ._ ----J 1992 . ...-- NOTARY PUBLIC .-.-.-.--------------------- Printed Name of Notary State ot Florida My Commission Expires: ~{;:\;~aG\;fI:lfli:o irq- J I / J , : 3 , .. PETITION AND CONSENT FOR INCLUSION WITHIN THE BOUNDARIES OF THE LAKE WORTH DRAINAGE DISTRICT COMES NOW, whose address is and petitions the LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District organized and existing under the Laws of the State of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, and doing business in Palm Beach County, Florida, to have annexed and included within the boundaries of the LAKE WORTH DRAINAGE DISTRICT as provided in Chapter 61-1747, Laws of Florida 1961, as the same has been from time to time amended, land located in Palm Beach County, Florida, described in the attached Exhibit "A", Petitioner would show that said land is contiguous to the present Doundaries of the LAKE WORTH DRAINAGE DISTRICT and Petitioner represents that the Petitioner is the sole fee simple, unencumbered title holder of said land and is willing and desirous to have said land included within the boundaries and jurisdiction of the said LAKE WORTH DRAINAGE DISTRICT, and further consents to the levy and payment of all non-ad valorem assessments levied on the subject property by the LAKE WORTH DRAINAGE DISTRICT. If said land is encumbered, holder of the encumbrance must also execute a like Petition for Inclusion. Petitioner hereby acknowledges that said land (is) (is not) encumbered, this the _____ day of , 19 ..... WITNESSES: PETITIONER: I I ( Signature of Witness By: President Signature Printed Name Printed Name I I Post Office Address Signature of Witness Printed Name STATE OF ) (SEAL) COUNTY OF ) Before me/personally appeared to me well known to me to be the President of , who executed the foregoing instrument, and acknowledged that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this the day of , 19 ..... Notary Public , L Printed Name My Commission Expires: , , LWDD Form No. 109-1 07/31/91 . . - PETITION FOR INCLUSION AND CONSENT FOR INCLUSION WITHIN THE , BOUNDARIES OF THE LAKE WORTH DRAINAGE DISTRICT , EXHIBIT "A" \ I / / : LWDD Form No. 109-2 07/31/91 . I l Exhibit A DESCRIPTION LOT 16, BLOCK 43, AND A PORTION OF BLOCKS 44 AND 52, AND A PORTION OF THE ROAD ~IGHT-OF-WAYS AND ALLEY RIGHT-OF-WAYS ADJACENT THERETO, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , BEGIN AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 43, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON AN ASSUMED BEARING OF S89'37'45"E ALONG THE NORTH RIGHT-OF-WAY LINE OF N.W. 1ST STREET, SAID LINE BEING COINCIDENT WITH TijB SOUTH LINE OF BLOCK 43 OF SAID PLAT, MAP OF THE TOWN OF LINTON, FLORIDA, FOR A DISTANCE OF 135.62 FEET; THENCE NOO'29'59"W ALONG THE EAST LINE OF SAID LOT 8, BLOCK 43 FOR 76.50 FEET; THENCE S89'37'45"E ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 8, BLOCK 43 AND THE NORTH LINE OF SAID LOT 16, BLOCK 43 FOR 151.65 FEET: THENCE SOO'29'59"E ALONG THE EAST LINE OF SAID LOT 16, BLOCK 43 FOR 76.50 FEET: THENCE S89'37'45"E ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF N.W. 1ST STREET AND THAT PORTION OF THE NORTH RIGHT-OF-WAY LINE OF N.W. 1ST STREET ABANDONED BY THE CITY OF DELRAY BEACH ACCORDING TO RESOLUTION NO. 1225 RECORDED IN OFFICIAL RECORDS BOOK 475 AT PAGE 285 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR 154.13 FEET: THENCE SOO'14'24"W FOR 28.87 FEET; THENCE S89'45'36"E FOR 55.46 FEET: THENCE NOO '14' 24"E FOR 28.75 FEET; THENCE S89' 37' 45"E ALONG SAID NORTH RIGHT-OF-WAY LINE OF THAT PORTION OF ROAD RIGHT-OF-WAY OF N.W. 1ST STREET ABANDONED BY THE CITY OF DELRAY BEACH ACCORDING TO RESOLUTION NO. 1225 RECORDED IN OFFICIAL RECORDS BOOK 475 AT PAGE 285 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE OF 127.46 FEET; THENCE SOO'28'54"E ALONG THE WEST RIGHT-Or-WAY LINE or N. W. 1ST AVENUE BEING COINCIDENT WITH THE EAST LINE OF SAID BLOCK 52 FOR A DISTANCE OF 609.12 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90' 51' 30" FOR AN ARC DISTANCE OF 39.64 FEET TO A POINT OF TANGENCY; THENCE N89'37'24"W ALONG THE NORTH RIGHT-Or-WAY LINE or ATLANTIC AVENUE, BEING A 106 FOOT RIGHT-OF-WAY ACCORDING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY HAP, FOR SECTION NO. 93550-2601, FOR A DISTANCE OF 574.29 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89'08'23" FOR AN ARC DISTANCE OF 38.89 FEET TO A POINT OF ,TANGENCY; THENCE' NOO'29'02"W ALONG THE WEST-LINE OF SAID BLOCK 44, BEING COINClQENT WITH THE EAST RIGHT-OF-WAY LINE OF N.W. 3RD AVENUE FOR 609.80 FEET TO THE P~INT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 9.32 ACRES MORE OR LESS. SURVEYOR'S CERTIFICATION, I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYING IN THE STATE OF FLORIDA, AS SET FORTH IN CHAPTER 21HHH-6, OF TH RIDA AOMINISTRATlVE CODE AS APPLICABLE FOR LEGAL DESCRIPTIONS. DATED: 8-03-92 HOTBS 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURVEY. 2) BEARINGS ,SHOWN HEREON ARE ASSUMED AND BASED ON THE NORTH RIGHT-OF-WAY LINB OF ATLANTIC AVENUE MAVING AN ASSUMED BEARING OF N89'37'24"W. 3) TH!: LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY HELLER-WEAVER AND CATO, INC. AS DIRECTED BY THE CITY OF DELRAY BEACH. 4) ~ INDICATES THAT PORTION OF N.W. 1ST STREET LYING BETWEEN N.W. 1ST AVENUE AND N.W. 2ND AVENUE AND THAT PORTION OF N.W. 2ND AVENUE LYING BETWEEN ATLANTIC AVENUE AND N.W. 1ST STREET THAT HAS BEEN ABANDONED PER CITY RESOLUTION 1225, RECORDED IN O.R,B. 475 PAGB 285. @ INDICATES THE., 16 FOOT WIDE NORTH / SOUTH ALLBY LYING> WITHIN BLOCKS 51 AND 52 THAT HAS BEEN ABANDONED PER CITY RESOLUTION NO 18-89. I SHEETS 1 OF 2 HWC FILE NO. 92+13886-SS1 N .~. c] Broww County C] P1lIm IIadl County ~ Carll G-. ~Plu8 ~ PnlloMioNI Plaza , 5eIl7 Carll 0. ~ 3lIlI VIa "'*"*"' Su11110 . ~ FIoIlda 33OlI3 UIIe WlffI. FIoIlda 33ol87 Heller - Weaver and Cato me (~197N550.~ (407)....110--- · , , · '~1~7IOO.o.M 1305l7&lo7t2Z.- Engineers ... Surveyors ... Planners (.o7J73Z.2518.__ (407)&41.-s.FAX 1'1051 'l/;8-7l51'l . FAX ... ..u. .-- . ~ r 7t.<lle 1".100' ~ . 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I'1ortdI 330487 Heller - Weaver and Cato me (305}m.4MO.-..t 1401I-.mo......1IMdI · , · 13051 940-7lIllll. DedI (305) 7e4-7e22. -..t Engineers ... Surveyors ... Planners 1407J132.2588._~ 1407J&ll-t885.FAX ''''''''1:\ "\lil'C1.7,:''':'"o . e.\v ,. " - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER W1 SUBJECT: AGENDA ITEM # ftF - MEETING OF AUGUST 25. 1992 MUTUAL AID AGREEMENT WITH THE CITY OF BOCA RATON DATE: August 21, 1992 This item is before you to approve a mutual aid agreement with Boca Raton which provides that both police departments will assist each other in law enforcement situations that require assistance cross jurisdictionally. The agreement also provides for cooperation between the cities in the case of natural or man-made disasters that affect both cities. The City's liability will not be affected by this agreement; nor will additional funds be required under the provision of the agreement. The agreement will run for one year until September 30, 1993 and contains an automatic renewal clause, for one year periods, unless one or the other parties elects to cancel the agreement by written notice. Recommend approval of a mutual aid agreement with Boca Raton. .. .. .. - tJTY OF DElAAY BEA[H ; rf ATTORNEY'S OFFICE \TL_\.'- :,- , ".,_l:' :'cLR.\ Y HL\C,!. FLORIDA _,,;,)4 :-L~:";.,,',!: - . :_;,- -"'='.'. F.-\\.--:--i\1ILE ~I)- :'..U--~:f:J ?DUCE LfGl~L ~OVISOR MEMORANDUM TO: City Commissioners FROM: Eric D. Hightower, Esq. , Police Legal Advisor DATE: August 19, 1992 SUBJECT: Mutual Aid Agreement Between Delray Beach Police Dept. and Boca Raton Police Dept. =================~==========================================-====== Attached for your consideration is a copy of the proposed Mutual Aid Agreement between Delray Beach Police Department and Boca Raton Police Department. This agreement has been reviewed by the City Attorney's Offices of both cities and meets with their approval. The purpose of the agreement is to allow the police departments to assist each other in law enforcement situations that require assistance outside the jurisdiction (drug dealing, fleeing felons, etc. ) . Also, the agreement will allow the departments to cooperate in case of natural or man-made disasters that affect both cities. The City's liability will not be affected by this agreement. Section I of the agreement grants us all immunities as provided by Section 768.28 Florida Statutes. The City will be responsible only for its own employees as is normal for operations. No additional funds will need to be expended to carry out the agreement. The City will only be responsible for the expenses of its own Department. Additionally, in Section 6(b) of the agreement, the Chief will have discretion to limit expenditures so as not to deplete funds unnecessarily. The agreement will run for one year until September 30, 1993 and be eligible for automatic renewal yearly unless one of the parties elects to cancel the agreement by written notice. EDH/lrd f\\\' I cc: David Harden, City Manager Jeff Kurtz, City Attorney ,. COMBINED MUTUAL AID AGREEMENT THIS COMBINED MUTUAL AID AGREEMENT, hereinafter the "Agreement," made and entered into this day of , 1992, by and between the DELRAY BEAc!H POLICE DEPARTMENT and the BOCA RATON POLICE DEPARTMENT, pursuant to the provisions of Chapter 23, Part I, Florida Statutes, known as the "Florida Mutual Aid Act," hereinafter the "Act," comprises a "voluntary cooperation agreement" and a "requested operational assistance agreement" as the terms are used in the Act. Witnesseth: WHEREAS, the subscribed law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive situations including, but not limited to, emergencies as defined under Section 252.34(2), F.S.; and WHEREAS, it is the intent of this Agreement, considering the existing and continuing possibility of intensive situations and other law enforcement emergencies, to ensure that the preparation of law enforcement will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the BOCA RATON POLICE DEPARTMENT have the authority under the Act, to enter into a "requested operational assistance agreement" for rendering of assistance in a law enforcement emergency that crosses jurisdictional lines; " " . NOW, THEREFORE, the parties agree as follows: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Pursuant to Section 23.1225, F.S. of the Act, each of the aforesaid law enforcement agencies hereby approves and enters into . this Agreement whereby each of the agencies may request and render law enforcement assistance to the other including investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S. , and including backup services during patrol activities, inter-agency task forces and joint investigations. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE Pursuant to Section 23.1225(2), F.S. of the Act, the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other responding to civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units and any emergency which qualifies under F.S. 252.34(2). SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that either party to this Agreement is in need of assistance as set forth above, the police chief or his designee of the agency requiring assistance shall notify the police chief from whom such assistance is required. The police chief whose assistance is sought shall evaluate the situation and his agency's available resources and shall respond in the manner deemed 2 " " appropriate. The police chief or his designee's decision in this regard shall be final SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The resources or facilities that are assigned by the assisting . agency shall be under the immediate command of a supervising officer designated by the assisting police chief. Such supervising officer shall be under the direct supervision and command of the police chief of the agency requesting assistance.' SECTION V: INDEMNIFICATION AND LIABILITY To the extent permitted by law, the City of Delray Beach and the City of Boca Raton shall each be responsible for its own negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of the DELRAY BEACH POLICE DEPARTMENT when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of the City of Delray Beach, but inside this State under the terms of this Agreement shall, pursuant to the provisions of Section 23.127(1), F.S. of the Act, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. The same conditions shall apply to the employees of the BOCA RATON POLICE DEPARTMENT when they are outside the jurisdictional limits of Boca Raton, Palm Beach County, also. b. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party 3 ., " - to the Agreement as set forth above; provided however, no party shall be required in the sole discretion of its police chief to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. . c. The party that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The party furnishing aid pursuant to this Agreement shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, - including any amounts paid or due for compensation due to personal injury or death while such employees are engaging in rendering such aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency, shall apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Agreement. The provisions of this Agreement shall apply with equal effect to paid, volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting party from requesting supplemental appropriations from the governing authority 4 ., " having budgeting jurisdiction to reimburse the assisting party for any actual costs or expenses incurred by the assisting party performing hereunder. SECTION VII: LIABILITY INSURANCE . Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed, should the insurance coverage, however provided, of any party be cancelled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice of actual knowledge of such cancellation or change. SECTION VIII: EFFECTIVE DATE a. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until .1!3~4;2 . and shall be renewed automatically every year unless terminated prior thereto by either of the parties. b. This Agreement shall be reviewed annually for any necessary changes. SECTION IX: CANCELLATION This Agreement may be cancelled by any party upon delivery of written notice to the other party. SECTION X: AGREEMENTS TO BE FILED This Agreement shall be filed with the Florida Department of Law Enforcement pursuant to Florida Statutes Section 23.1225(4) by 5 ., " - the entity that last approves the Agreement. In addition, this Agreement constitutes an inter local agreement that shall also be filed by the last entity approving the Agreement pursuant to Section 163.01(11), Florida Statutes, with the Clerk of the Circuit . Court of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date first above written. Name Name Title Title 'Organization Organization doca\mutual.agt 6 .. .. <. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 23, q- . - MEETING OF AUGUST 25. 1992 RESOLUTION NO. 94-92 DATE: August 21, 1992 This is a resolution vacating and abandoning a 1.5 foot portion of a 16 foot alleyway lying within Block 72, Town of Delray. The alley runs north and south behind homes located along Swinton Avenue and S.E. 1st Avenue, between S.E. 3rd and 4th Streets. The subject property, adjacent to the portion of alleyway which is to be abandoned, has a guest cottage at the rear which encroaches 1.1 feet into the alley. There is also a chain link fence which runs along the back of the property and encroaches 4.5 feet into the alley. The property is in the process of being sold and the title company will not issue title insurance unless these encroachments are satisfactorily resolved. A right-of-way permit for use of the alley is not acceptable for their purposes, therefore, abandonment is requested. T'b-ere is an eight inch sewer main in the alley which is located approximately 10 feet from the guest cottage. The Environmental Services Department has indicated that if the entire abandonment request is granted there will not be sufficient room to maintain the sewer line. Further, while the alley is currently unimproved, it is used as a secondary access by the abutting property owners. Staff recommends that the abandonment be limited to 1.1 feet of the alley, in order to accommodate the encroachment of the structure itself. The fence, which encroaches further, can easily be relocated out of the right-of-way. The Planning and Zoning Board at their August 17th meeting recommended that the abandonment be limited to 1.5 feet of the alley. The Board also recommended that LDR Section 2.4.6 (0) (3) (3) , which requires that all abandonments of rights-of-way be consummated by a replat of the property, be waived in this instance. Recommend approval of Resolution 94-92 as amended to reflect the abandonment of 1.5 feet of the 16 foot alley adjacent to Lots 11 and 12, Block 72, Town of Delray and waive LDR Section 2.4.6 (0)(3)(3), which requires that all abandonments of rights-of-way be consummated by a replat of the property ,. ~ - RESOLU~ION NO. 94-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 16 FOOT ALLEYWAY LYING WITHIN BLOCK 72, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach is the owner of a portion of a 16 foot alleyway lying east of and adjacen~ to Lots 11 and 12, Block 72, Town of Delray, according to the Plat thereof recorded in Plat Book 10, Page 57 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Michael Posner, Agent for Austin C. Woodside, has made application for abandonment of a portion of a 16 foot alleyway lying east of and adjacent to Lots 11 and 12, Block 72, Town of Delray; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said portion of the alleyway, - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: A portion of a 16 foot alleyway being 1.5 feet by 107.24 feet lying east of and adjacent to Lots 11 and 12, Block 72, Town of Delray, as recorded in Plat Book 10, Page 57 of the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 25th day of August, 1992. MAY 0 R ATTEST: City Clerk , " " T r I I I I J I , T """"l S.E. 3RD ST. I L..J :J Z YJ > LW < ;:) Z LW > oc( LW ;:) Z .. YJ ~ > j. < I '/ .... V) If - 0 Z N Z 0 .... . . Z LW .- LAJ - . - . ~ I VJ VJ v. J 1 1 12 S.E. 4TH ST. I . LaJ ~ J .... J Cf) - BLOCK 72 N . ABANDONMENT ~ . I LaJ . V) J J I 01{ ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: II SUBJECT: MEETING OF AUGUST 25, 1992 ABANDONMENT OF A PORTION OF ALLEYWAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of 4.5' of a 16' alley. - The project is located east of Swinton Avenue and north of Southeast 4th Street within Block 72, Town of Delray. BACKGROUND: In July, 1992, the Planning and Zoning Department received a request to abandon a 4.5' wide section of a 16' unimproved alley adjacent to Lots 11 and 12 of Block 72, Town of Delray. The alley runs north and south behind homes located along Swinton and S.E. 1st Avenues, from S.E. 4th Street to S.E. 3rd Street. The subject property has a guest cottage at the rear which encroaches 1.1 ' into the alley. There is also a chain link fence running along the back of the property which encroaches 4.5' into the alley. The property is in the process of being sold, and the title company which is involved in the transaction will not issue title insurance unless these encroachments are satisfactorily resolved. A right-of-way permit for use of the alley was not acceptable for their purposes, therefore, the owner is requesting that the City abandon a 4.5' section of the alley, running the full 107' length of the property. There is an 8" sewer main which runs under this alley, located approximately 10' from the guest cottage. The Environmental Services Department has stated that if 4.5' of the alley is abandoned, there will not be sufficient room to maintain that main when necessary. Further, while the alley is currently unimproved, it is used as secondary access by persons living on ,. City Commission Documentation Block 72 Alley Abandonment Page 2 either side of it. Abandonment of a 4.5' wide section would hinder its potential to be improved and utilized for access in the future. Staff recommended to the Planning and Zoning Board that the abandonment be limited to 1.1' of the alley, in order to accommodate the encroachment of the structure itself. The fence, which encroaches further, can easily be relocated out of the right-of-way. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992, and recommended that the abandonment be limited to ~ of the alley. The Board also recommended that LDR Section 2.4.6(O)(3)(e), which requires that all abandonments of rights-of-way be consummated by a replat of the property, be waived in this instance. RECOMMENDED ACTION: - 1. By motion, approve the abandonment of 1.5' of the 16' alley adjacent to Lots 11 and 12 Block 72, Town of Delray. 2. By motion, approve the waiver of LDR Section 2.4.6(O)(3)(e), which requires a replat of the property. Attachment: * P&Z Staff Report T: BLK72CC.DOC PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: August 17 , 1992 AGENDA ITEM: IV.A. ITEM: Abandonment of a Portion of a 16' Alleyway Lying Within Block 72, Town of Delray, which is Located on the East Side of Swinton Avenue, Between S.E. 3rd & 4th Streets -. . - - 7 'J ' I 101 III I :J I z :J I L- w i 101 ~ ! :J Z I- ~ t; ~ - I .. - i Ii I 11 ... wi i 12 iii ~ WI ..; S.L 4TH .; ST. ~ I t;; J ~ - I ~ I - GENERAL DATA: Owner.........................City of Delray Beach, Florida Applicant.....................Austin C. Woodside Agent.........................Michael Posner Cooney, Ward, Lesher' Damon, P.A. Location......................Alley, east of Swinton Avenue and north of SE 4th Street. Property Size.................482 square feet City Land Use Plan............Medium Density Residential City Zoninq...................RM (Multiple Family Residential) Existing Land Use.............Alley Right-of-way. Development Proposal..........Abandonment of portion of alley to accommodate encroachment of existing residence. Request.......................Abandonment of 4.5 foot by 107.24 foot Right-Of-way adjacent to Lots 11 and 12, Block 72. IV.A. ,. I T E M B E FOR E THE BOARD: The item before the Board is the review and recommendation of the abandonment of a 4.5' x 107' section of the 16' alley within Block 72, Town of Delray. The subject right-of-way is located east of and adjacent to Lots 11 and 12, Block 72 Town of Delray which are at the northeast corner of South Swinton Avenue and Southeast 4th Street. B A C K G R 0 U N D : On October 13, 1924 the subdivision of Block 72, Town of Delray was recorded in the Official Record Book of Palm Beach County. Block 72 consists of twenty-four (24) lots with a sixteen feet (16') alley which runs along the rear of each lot. In 1942, a permit was issued to construct a single family residence on Lots 11 and 12, Block 72 Town of Delray. The structure was remodeled in 1952 and 1957. Permits for fences were issued in 1966 and 1987. There also exists a guest cottage and garage structure that are connected to the single family residence by a wood trellis. As the structure does not meet the required rear setback, it can be cone I uded that the structure was built in order to have a duplex and then rent the structure under the RM (Residential Medium Density) zoning requirements. However, there are no permits on file that agree with this analysis. PRO J E C T DES C RIP T ION : The abandonment request encompasses a 4.5' x 107' section of right-of-way adjacent to, and east of, Lots 11 and 12, Block 72 Town of Delray. To the east of the right-of-way are Lots 23 and 24 Block 72, to the north is the continuing stretch of the 16' alley, and to the south exists Southeast 4th Street. The alley is unimproved, but is used for vehicular travel. Of the 4.5' that has been petitioned for abandonment, only 1.1' is structural (guest cottage). The remainder (3.4') consists of a fence and a concrete patio. The applicant is in the process of selling the property and the Title Company will not give clear title with the existing improvements encroaching within the alley right-of-way. The granting of an easement is not sufficient for the title company's needs. Due to this fact, the applicant is seeking abandonment of a portion of the alley upon which the improvements encroach. .. P & Z Board Staff Report Block 72 Alley Abandonment Page 2 ' A BAN DON M B N TAN A L Y S IS: According to the survey that was submitted and the responses received, currently there are Florida Power and Light, Southern Bell, and Leadership Cable facilities within the alley right-of-way. In addition, the Environmental Services Department has given notice that an 8" sanitary sewer main is existing within the alley right-of-way. The Environmental Services Department has stated that the sanitary sewer main is located 10' away from the east wall of the building. If the 4.5' is abandoned, this will only leave 6 .5' for maintenance of the main. According to the Environmental Services Department, the 6.5' will not be an adequate area for maintenance of the main. Due to this fact, it may be more appropriate to only abandon the portion of the structure which encroaches into the alley (1.1'). The owner may continue to have the fence and concrete which exists within the alley right-of-way, subject to removal at the City's discretion. Other than the maintenance of the existing sanitary sewer main, no other facilities are within the area to be abandoned. - R E QUI RED FIN DIN G S : Before any right-of-way abandonment can be approved the following findings must be made: A) That there is not, nor will there be, a need tor the use ot the right-ot-way tor any public purpose. As previously stated, no public facilities are within the 4.5' that has been petitioned for abandonment. However, the abandonment of this entire area will not leave adequate room for maintenance of an existing sanitary sewer main. Therefore, it can be concluded that there is a public need for a portion of this right-of-way. B) That the abandonment does not, nor will not, prevent access to a lot of record. Although all lots that will be affected by this abandonment take primary access form Southeast 4th Street and Southeast 1st Avenue, the abandonment of the 4.5' could negatively affect the secondary access that is provided by the alley. If only 1.1' is abandoned, the access taken from the alley would not be harmed. C) That the abandonment will not result in detriment tor the provision ot acce.s and/or ot utility services to adjacent properties or the general area. .. P & Z Board Staff Report Block 72 Alley Abandonment Page 3 Abandonment of this 4.5' area would be detrimental to the City's ability to provide maintenance of the sanitary sewer main. This ability would not be hindered by the abandonment of the part of the structure that encroaches into the alley (1.1'). ASS E S MEN T : The applicant's stated reason for this abandonment petition is to clear title for the sale of the property. The applicant has also stated that the subdivision was platted after the homes were actually built. As previously stated, the subdivision was recorded in 1924 and the home in question was built in 1942. As the title company will not give clear title with the existing encroachment and would not accept a right-of-way permit to use the alley, the applicant was forced to apply for the abandonment of the improvements that are encroaching within the alley. All utility providers have given their release, but due to the proximity of the existing sanitary sewer main to the structure the entire 4.5' should not be abandoned. However, , it is appropriate to accommodate the portion of the building that encroaches into the alley; this would leave adequate room for maintenance of the main. The title can then be cleared and the sale consummated. In addition, Code Section 2.4.6(0)(3)(e), requires all abandonments of rights-of-way to consummated by a replat of the properties that are receiving the abandoned land. Due to the fact that only 1.1' of the alley is being abandoned and the only property being affected are Lots 11 and 12, this requirement should be waived. ALTERNATIVE C 0 U R S E S o F ACT ION : 1. Recommend the abandonment of the 4.5'. 2. Recommend denial of the abandonment request with basis stated. 3. Recommend the abandonment of only 1.1' of the alley. R E COM MEN D A T ION : 1. By motion, transmit a recommendation of approval to abandon 1.1' of the 16' alley adjacent to Lots 11 and 12, Block 72 Town of Delray. <~~' By motion, transmit a recommendat~on of approval to waive Code Section 2.4.6(0)(3)(e) which requires all abandonments of rights-of-way to be consummated by a replat. T:BLK72PZ.DOC . .....,... ::::Cr""= (><3'" ~c~ ...'" Z .....n ./ >'" -..... / ..,z ..... '" 8>'" r::; "'''' n ...'" _r:-:_ z"'''' '" '" .....- .- . :!" ... .-...p~ ... .. :: ~~:z: 1Il ;; ... ... C'l S j~- ... ..,z:;:; ~j;~ SOUTH SW INTON A VENUE ~- lil >C'l '4 i! ;:;d '" .....0 51 _....z Ijql (66' TOTAL RIll - PLATTED) NO :.! .. ~ "'1il- <J'z.... 3 I~; ->'" T- -g------- ~ 0..... -- --- ~ .... - o~z "1Il I . $I~!:l << gg> 16~w E...!,..A._ ~ ~~~ -<4~ c" ~~... .",... e~'" 0 ....~ l~ ~ 106.83' 10. _zco: lil ~i~ '" ~ .. a \II. X . " 106.10'.. FIELD": ~~- zac r;. ~ . c ni:!;f Y1 \.. lI: !:"'j '-" ss ~ :; .~~$1 !""l i III ... -0 . ~ at ~-,. 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'r ... p 0 :~::~: i~~ ;~:T~::J'g~ - ~ '" -< '" 0 . ,., ." .... iD ,. c; CDn_~..,.. ~~.: """'0'""0"_ - '" .., ~ > o. <( " '" ~r;::.. >>- '< ~ t'I 0 ~ m '" 0 ~Q,.-"''''- I'~ 0 ,",,~."<QlClD 0 ......or-...__ i"I ~ '..~:=:~,., ~"...~.,..~~~ E~;!;a; ~ . .... :z:I !-"r- :"'~::;....~ =~~ ~~~;Jl:" 0 .;:::~::: ....... ,., CD> :.:::.~o i""--' -,..,.. 0.3.,0 :i:::;~ n -< on ~ Z =:ov~!J'.. "--' ~;;; ;;--~~~ o~;~..=: ........ '" ~ c :. ; ~ : ~ . ~ - '. ,.. _ n .,,.. ~ -: i:;~::;: ~ z: on .... ".~o". ~ C' :10 .....,- ... "io ;...... ........ .. M ~ <0(-,-_.[1 "3 "",:rC'l3 :ii:=~! ~ . o;..c;;:j . c'O "'~.... h ~c.n -ca.",o.a.;ia \ .,QI --o"m !i~~S::i '< h rC::: f'~~~ 0 ~~ ~.,~: __I__F~ )!::: - w:IJ "_..7 , n. ",., n ;:"~:;, a w< c.-. It t'lO:r ~!'!:;=;E >: ..., ~CT1 ?~c1: ___ "9\; :;~n ~i~::~;:~ '"0 -< o-.,~~"'""-..... en l't%O ~;:~..o._ ..., o C:J~ _:J. ....nOc ;:S5ii5! ~ 00....,,__ Q. ::r ~D 70""0" 1'- ,.c:~ ~~:---!. ~ I I "\00'" .. tI -W',.. C .en "'.: t - - ~:;-< ;::!;~.: ~ :z:I . _0'" 0_1 0 <.O~ a ~- ~;l:; ~ - \Q~ ~:r.=~...!~ & .~..~ -..% - - ~_ ~:lc:; 0\ ,: ~~ !;~C~ _ ..., 0'1'" ... ... i-!:,== . Cl~ .. .. ~Z; :'.:: .. (LO =i~:';. 'en :& IT' ~ n ; =:; N ~., i-a: 0 CD b ,., :z:I ..,. at. _Go .. l' ""- ~; ,.. - .. .. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~H - MEETING OF AUGUST 25. 1992 FINAL PLAT APPROVAL/BLAIR'S DOWNTOWN SUBDIVISION DATE: August 21, 1992 This item is before you to approve the final plat for the Blair's Downtown Subdivision located at the northwest corner of N.E. 5th and Atlantic Avenues. In July 1992, staff received a petition to subdivide Lots 5 and 6 Block 100, Town of Delray. The proposal was to subdivide the .273 acre parcel into seven separate parcels with a common accessway and parking. The Planning and Zoning Board at their August 17th meeting certified the final plat as being consistent with the preliminary plat, subject to conditions. Those conditions have been met. The plat has been properly prepared and is now ready for Commission action. Recommend approval of the final plat for Blair's Downtown Subdivision located at the northwest corner of N.E. 5th and Atlantic Avenues. /hnovUfL tom ~ &; f)J). ~ II~ O-D/ 9,1I1J. ~tf~1 (f)fi.~~) " " . C I T Y COM MIS S ION DOC U MEN TAT ION TO: MANAGER THRU: FROM: II SUBJECT: MEETING OF AUGUST 25, 1992 FINAL PLAT FOR BLAIR'S DOWNTOWN SUBDIVISION **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for the Blair's Downtown Subdivision. The project is located at the northwest corner of Northeast 5th Avenue and East Atlantic Avenue. BACKGROUND: In July, 1992, the Planning and Zoning Department received a petition to subdivide Lots 5 and 6 Block 100, Town of Delray. The plat petition proposes to subdivide a .273 acre parcel into seven (7) separate parcels ranging from 528 sq. ft. to 2225 sq. ft., with a common area thsrrwill contain 3272 sq. ft. The lots will be divided along the existing party walls and will then be sold fee simple with an association created to maintain the common area. For further information please refer to the attached Planning and Zoning Board report. The plat has been properly prepared and is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of August 17, 1992. The Board approved the preliminary plat and certified the final plat as being consistent with the preliminary plat subject to the condition of correcting the items listed under the "Technical Review" section of the Planning and Zoning Board staff report. Those items have been corrected on the revised plat. " City Commission Documentation Blair's Downtown Subdivision Page 2 RECOMMENDED ACTION: By motion, approve the final plat for the Blair's Downtown subdivision. Attachment: * P&Z Staff Report T:BLAIRCC.DOC ,. ,;'f PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 17 , 1992 AGENDA ITEM: IV.B. rrEM: Preliminary & Final Plat for Blair's Dwontown Subdivision, Located at the Northwest Corner of East Atlatnic Avenue & N.E. 5th Avenue (Southbound Federal Highway) I r If ~ ~!J! ~ ~ ~ 'C 'C oC oC C ~ I ~ ~ = ~ - ~ I ImIITD~[]]]I~[]]]]]~[D ~ lr! I cJr-t A T LAN TIC A V [ N U E I I I ~ lIJJ ITlJIIJ [J]]] (ill II I J.' I,.. I I I I GENERAL DATA: Owner.........................Leo A. Blair & Joan M. Blair Agent... ......................Ooak S. Campbell Location......................Northwest corner N.E. 5th Avenue and East Atlantic Avenue. Property Size.................O.273 Acres City Land Use Plan............Commercial Core City Zoning...................CBD (Central Business District) Adjacent zoning...............North: CBO East: CBO South: CBO West: CBO Existing Land Use.............Two story commercial structure. Proposed Land Use.............Creation of a seven (7) lot subdivision, with a common tract for access and parking. Water Service.................Exlsting 12" water main along N.E. 5th Avenue, existing 8" main along East Atlantic Avenue, existing 6" line along alley to the north. Sewer Service.................Existing 8" sanitary sewer line IV.B. along alley to the north of the property. ,. I T E M B E FOR E THE BOA R D: The item before the Board is the combined action of approval of a preliminary plat and certification of a final plat as being consistent with the preliminary plat for the Blair's Downtown Subdivision. The subject property is located at the northwest corner of East Atlantic Avenue and Northeast 5th Avenue. B A C K G R 0 U N D: Records indicate that the original structures on Lots 5 and 6 Block 100, Town of Delray were constructed in 1924. There have been numerous modifications throughout the years with the latest being new elevations and awnings which were approved by the Site Plan Review and Appearance Board and constructed in late 1991. There has been no other development at this site. The current subdivision petition was received by the Planning Department on July 3, 1992. P L A T DES C RIP T ION: The plat is a major subdivision in that the property is being divided into (7 ) separate parcels. There will also be a tract dedicated for access, drainage, utility, and parking purposes. The plat petition proposes to subdivide a .273 acre parcel into seven separate parcels ranging from 528 sq. ft, to 2225 sq. ft. , with a common area that will contain 3272 sq. ft. The lots will be divided along the existing party walls and will then be sold fee simple with an association created to maintain the common area. P L A T A N A L Y S I S REQUIRED FINDINGS - CHAPTER THREE: Pursuant to Code Section 3.1.1 (Required Finding) prior to the approval of development applications, certain findings must be made in a form which is apart of the official record. Findings shall be made by the body which has the authority to approve of deny the development application. These findings relate to the following four areas: Concurrency, Consistency with the Future Land Use Map, Compatibility with the Comprehensive Plan Policies and Compliance with Land Development Regulations. .. P & Z Board Staff Report Blair's Downtown Subdivision Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with land use designation as shown on the Future Land Use Map for the land. All uses and structures involved with this petition are existing and the CBD (Central Business District) zoning is consistent with the Land Use Designation of GC (General Commercial). Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a Determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. As all basic infrastructure needs are existing and there are no proposed changes, a satisfactory finding of concurrency can be made. Further analysis will be made if a site specific site development request is brought forward on any of the resulting lots. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.3, provided the the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance width some standards) outweighs the negative impacts of identified points of conflict. All structures and uses are existing, there f ore a finding of overall consistency can be made at this time. S TAN 0 A R 0 S FOR P L A T ACT ION: The findings to be made under this section are consistent with plats in conjunction with new development. As all buildings and uses are existing, the findings required under this section do not apply. In the event that future development occurs, findings will be made at that time. T E C H N I C A L REVIEW This replat petition has gone through the review process and all technical items that were identified are minor in nature. These are items such as 1) providing copies of instruments that reference right-of-way dedications, 2) required easement dedications, 3) emergency access notes, and 4) surveying errors. .. P & Z Board Staff Report Blair's Downtown Subdivision Page 3 To date no revised plans have been submitted addressing staff's comments and these items will be listed as conditions of approval. However, before this petition can be scheduled for City Commission action all items of a technical nature must be resolved. ASS E S MEN T : Essentially, this subdivision is intended for the division of interest. With the applicant's wish to not only sell the individual bays, but the underlying land a replat of the property is thus required. While the review has centered on maintaining an appropriate level of service, there have not been any major concerns with this replat. This approach to selling land, while allowed, is not encouraged. The resulting multiple owners will make redevelopment, code enforcement, and similar items more difficult to accommodate. If similar situations occur, it would be appropriate to consider changes to our Codes. A L T ERN A T I V E C 0 U R S E S o F ACT ION : A. Continue with direction. B. Approve the preliminary plat and certify the final plat as being consistent with the preliminary plat. C. Deny the request with basis stated. R E COM MEN 0 E D ACTION: By separate motions, 1- Approve the preliminary plat, subject to the following condition: * That the items listed under the "Technical Review" section of this report be complied with before this petition is scheduled for City Commission action. 2. Certify the final plat as being consistent with the preliminary plat, subject to the following condition: * That the preliminary plat condition be complied with. T:BLAIRPZ.DOC .. ';hl' ;cc/'/&>v /~ /(?)1//1/5#/~ 4~ 5?~~/.h" ~.-1A 6'~- 43 L -A,.fJ/ ?EL~-1Y CJc~t'#; ,&'/1,/,# ~A('# C'tJt/A//Jf /"cC)/{?/CJA, ~ S('Ai'E'/":/~' J r- ~ I J I " 2~' ~d' 717 ' /"'1 ' + (.... ~~~~ .1 j -- I I ~. J , , " I ~ //~' A/i'E't' hv.#'/~,r #"4/-'" ~ 'oS "- >l\ I I g1i. 4~' $ 89"(77';'<7 ",: ~ '....... ' -/d;71 :54. ~ /' , A.( 9,tF#~d'dd",: , , IV ~I , < " ~ ~ I ~ I Il\ ~' , ~' ~ ~ ~ ,1;:1 , 'rRACrA~~ ~ I I::. J I I ~ , ~ . " J ~ ~ ~ ~ '" ~ //.t7Z' , ~ \ ~ N9-,"t7<7'd&7"[ ~~ lotI ~ , .J \\.1 ~ ~'\ , , '" ~ A( tJ9'/" '/9 "w ~ ~ N.' 49'5~ ',d Y. 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I': ~ r . ~ ~ '1:0 ~ 5 ~ :"4\ = ". .i ??pg' /??~. 1/#$' ?3/7' :!' ~ I , ItJ ,'CJ ' ~ 7c1. /7/ ,~p9'~7'.?~''n -~----~--J - .."!!'. .,-.3 - '..;";-c = 23. 79/ ~.401V'> -' /5 (J.:'" ' 4: 9,-,"""'!i":'JC'f ~_'..J_'"JC':-~''' ('" ~ -*" > ~(j' tJ. ,.7t'r~! ~ ,....- ,- ~ ~ -r- A - . , - .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # g::t:: - MEETING OF AUGUST 25. 1992 RESOLUTION NO. 93-92 DATE: August 21, 1992 This is a resolution vacating and abandoning one alley one foot in width, two alleys ten feet in width, one alley sixteen feet in width, one alley eighteen feet in width and three parking and utility easements fifteen feet in width, lying within the Tropic Isle Trading Center subdivision. The Site Plan Review and Appearance Board at their July 31, 1991 meeting approved a major site plan modification for Delray Lincoln Mercury, subject to conditions. Two of those conditions were to provide a replat of the entire property and finalize the abandonment of eight alleyways and easements. One of the alleys to be abandoned was under County jurisdiction; however, the County has since deeded that alley to the City. Releases have been received from Environmental Services and all utility providers. The abandonments are now ready to be consummated along with the plat which is located elsewhere on the agenda for action. The Planning and Zoning Board at their November 19, 1991 meeting recommended approval of the abandonments, subject to the condition that the action take place concurrently with the replat action. Recommend approval of Resolution No. 93-92. ,. " RESOLUTION NO. 93-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ONE ALLEY ONE FOOT IN WIDTH, TWO ALLEYS TEN FEET IN WIDTH, ONE ALLEY SIXTEEN FEET IN WIDTH, ONE ALLEY EIGHTEEN FEET IN WIDTH AND THREE PARKING AND UTILITY EASEMENTS FIFTEEN FEET IN WIDTH, LYING WITHIN THE TROPIC ISLE TRADING CENTER SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 35, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach is the fee-simple owner of one alley one foot in width, two alleys ten feet in width, one alley sixteen feet in width, one alley eighteen feet in width and three parking and utility easements fifteen feet in width, lying within the Tropic Isle Trading Center Subdivision, as recorded in Plat Book 25, Page 35, of the Public Records of Palm Beach County, Florida; and, WHEREAS, Roy Young, Agent for Delray Lincoln Mercury, has made application for abandonment of said alley, parking and utility easements lying within the Tropic Isle Trading Center Subdivision; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said alley, parking and utility easements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: Parcel 1: A parcel of land lying in "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said "Tropic Isles Trading Center"; thence S.86o 59'10"E., a distance of 25.25 feet to the Point of Beginning; thence continuing N.86059'10''E. along the South line i thereof, a distance of 410.85 feet; thence S.87o ! l3'17"E., continuing along said South line, a distance I of 145.65 feet to a point of intersection with the I Southerly projection of the East line of Lot 1, Block 1 of said "Tropic Isles Trading Center"; thence N.020 46'43"E. along said Southerly projection and the East line thereof, a distance of 32.23 feet to a point of intersection with the North line of that 15.00 foot parking and utility easement, as shown on said Plat of "Tropic Isle Trading Center"; thence N.87o 13'17"W. along said North line, a distance of 445.00 feet to a point of intersection with the West line of Lot 22, Block 1 of said Plat of "Tropic Isles Trading Center"; thence S.02046'43"W. along said West line, a distance of 15.00 feet to the Southwest corner of said Lot 22, and a point of intersection with the North line of that Alley, as shown on said plat of "Tropic Isles , Trading Center"; thence N.87ol3'17"W. along said North " line, a distance of 109.22 feet to a point of intersection with the East right-of-way line of "Old Dixie Highway", as described in Official Records Book 4465, Page 1570 of the Public Records of Palm Beach County, Florida; thence S.llo05'50"W. along said East right-of-way line, a distance of 15.71 feet to the Point of Beginning. Parcel 2: A 10.00 foot alley, as described in Official Records Book 541, Page 77 of the Public Records of Palm Beach County, Florida, being the West 10.00 feet of Lot 12, Block 20, "Del Raton Park" , according to the plat thereof, as recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida. Parcel 3: The South one (1. 00) foot of the following described property: Beginning at point of intersection of the West~rly right-of-way line of U.S. Highway #1 as shown on Plat Book 2, Pages 73, 74 and 75 of the Public Records of Palm Beach County, Florida, with a line parallel to and fifteen (15.00) feet Northerly from as measured at right angles to the South line of Tract "6-A" of the Revised Plat of Portions of Sections 28 and 29, Township 46 South, Range 43 East, as recorded in Plat Book 18, Page 53 of the Public Records of Palm Beach County, Florida; thence Westerly along said line a distance of 135.00 feet; thence Northerly at right angles, a distance of 125.00 feet; thence Easterly parallel to the South line of said Tract "6-A", a distance of 130.00 feet, more or less to a point in said Westerly right-of-way line of U.S. Highway No. 1 "State Road No. 5"; thence Southerly along said Westerly right-of-way line, a distance of 125.2 feet, more or less to the Point of Beginning. Parcel 4: The Southerly 15.00 feet of the Easterly 135.16 feet of Trace "6-A", Revised Plat as in Plat Book 18, Page 53 of the Portions of Sections 28 and 29, Township 46 South, Range 43 East, Palm Beach County, Florida. ParcelS: All of that 15.00 foot Parking and Utility Easement, being the West 15.00 feet of Lots 1 through 19 (inclusive), Block 2 of "Tropic Isles Trading Center", according to the Plat thereof, as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida. Parcel 6: A Tract of land being a portion of the Plat of "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: , -2- Res. NO. 93-92 " Beginning at the Northwest corner of said "Tropic Isles Trading Center"; thence S.89059'55''E. along the north line thereof, a distance of 175.83 feet; thence S.02046'43''W. , a distance of 17.93 feet to a point of intersection with the North line of Block 3 of said "Tropic Isles Trading Center"; thence N.87o 13'17"W. along said North line, a distance of 178.55 feet to a point of intersection with the East right-of-way line of that 30.00 foot wide right-of-way for "Dixie Highway" as shown on said plat of "Tropic Isles Trading Center"; thence N.llo05'50"i. along said East right-of-way line, a distance of 18.81 feet to the Point of Beginning. Parcel 7: All of that 10.00 foot alley lying between Lot 22 and Lots 23 through 28, Block 20, of "Del Raton Park", as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida; lying south of "Tropic Isles Trading Center", as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County; and North of the 50.00 foot wide right-of-way for Avenue "A", as shown on said Plat of "Del Raton Park". Parcel 8: All of that 15.00 foot wide Parking and Utility Easement, being the North 15.00 feet of Lots 1 through 22, inclusive, Block 3 of "Tropic Isles Trading Center" , according to the Plat thereof as recorded in Plat Book 25, Page 35 of the Public Records of Palm Beach County, Florida. Said lands situate in the City of Delray Beach, Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 25th day of August, 1992. MAY 0 R ATTEST: City Clerk ! ! I I I I ! I -3- Res. No. 93-92 , I " I ~ I < 1 b CD ---- .......... " ,-"" ~I - ~ ----===' >:i. > ~ 3 ~ x ~ ~ - ~ X t ~ 5 " 4 ~ ~ w o \.i1 u- !':: ~: ~ :> ... ::: 10... (il .... 7 ,-, -^, '" <:f)_ \ ""'- ,-... ~ _.<. ')( )( )( )( ~ j( " l<." ,. ~ 11 I I -l I I I I I I \ \ N r _ (jj ~"E.NUE. ~'(-i) - I I ---------------- - C I T Y COM MIS S ION DO CUM E N TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~~riiEcroR DEPARTM OF LANNING AND ZONING FROM: II SUBJECT: MEETING OF AUGUST 25, 1992 ABANDONMENT OF ALLEYS AND .EASEMENTS WITHIN DELRAY LINCOLN MERCURY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of eight (8) alleys and easements with the Delray Lincoln Mercury Dealership. The pro j ect is located south of Linton Boulevard between Dixie Highway and Federal Highway. BACKGROUND: On July 31, 1991 the Site Plan Review and Appearance Board approved a major site plan modification for Delray Lincoln Mercury, subject to conditions. Two of those conditions were to provide a replat of the entire property and finalize the abandonment of eight (8) alleyways and easements. During review of the major site plan modification it was discovered that one (1) of the alleys was under County jurisdiction. Therefore, it would take County action in order for the alley to be abandoned. In order to simplify the process, the County deeded the alley to the City of Delray. This action allows the alley to be included with the other seven (7 ) alleys and easements that are to be abandoned. Releases have been received from Environmental Services and all utility providers. The abandonments are now ready to be consummated along with the plat for Delray Lincoln Mercury, which is also on tonight's consent agenda. .. City Commission Documentation Abandonment of Alleys and Easements within Delray Lincoln Mercury Page 2 PLANNING AND ZONING BOARD CONSIDERATION: On November 19, 1991 the abandonment of the eight (8) alleys and easements within Delray Lincoln Mercury were recommended for approval by the Planning and Zoning Board, subject to the condition that City Commission action on the abandonments is to take place concurrently with the plat. RECOMMENDED ACTION: By motion, approve the abandonment of eight (8) alleys and easements within the Delray Lincoln Mercury Dealership through the enactment of Resolution No. -92. Attachment: * Location Map of the Alleys and Easements T: MERCABAN. DOC - . KEY MAP 8 ! 1 2 7 h~~~~l RIGHT-Of-WAY TO BE DEDICATED . GRAPHIC SCALE 150 ~ CITY ABANDONMENT PROCESS V//////J COUNTY ABANDONMENT PROCESS ( III n:IT ) U~~~~~~7~INC. IIE'IlSONS GAl[ 2/27 /91 1301 A WMt.........1IlWIt RaM. s...- 1C1OA $CAlL AS SHOWN ---~ OIIN.IY T.IUol. 401 . 312 "" CICD.IY ( DELRA Y MERCURY ) NUIK. LINCOLN PItGl. ... NO. 1271 .. . ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # g'J - MEETING OF AUGUST 25. 1992 FINAL PLAT APPROVAL/DELRAY LINCOLN MERCURY DATE: August 21, 1992 This item is before you to approve the final boundary plat for Delray Lincoln Mercury located south of Linton Boulevard between Dixie and Federal Highways. The Site Plan Review and Appearance Board at their July 31st meeting approved a major site plan modification for Delray Lincoln Mercury subject to conditions. Two of those conditions were to provide a replat of the entire property and finalize the abandonment of eight alleyways and easements. The resolution abandoning the alleyways and utility easements is located elsewhere on the August 25th agenda. The plat has been properly prepared and is ready for action. Recommend approval of the final plat for Delray Lincoln Mercury located south of Linton Boulevard between Dixie and Federal Highways. " " . ~',~, . ~ i'f-/ I C I T Y COM MIS S ION DOC U MEN TAT ION TO: ZONING FROM: SUBJECT: MEETING OF AUGUST 25, 1992 FINAL BOUNDARY PLAT FOR DELRAY LINCOLN MERCURY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final boundary plat for Delray Lincoln Mercury. The pro j ect is located south of Linton Boulevard between Dixie Highway and Federal Highway. BACKGROUND: On July 31, 1992 the Site Plan Review and Appearance Board approved a major site plan modification for Delray Lincoln Mercury, subject to conditions. Two of those conditions were to provide a replat of the entire property and finalize the abandonment of eight (8) alleyways and easements. The plat was received for processing in May, 1991, when it was confirmed that all of the abandonment actions were to be processed before action on the plat could take place. In addition, it had been previously identified that one ( 1) of the eight (8) alleys was still under County jurisdiction and it would require County action in order to be abandoned. The other seven (7 ) alleys and easements were under the City's jurisdiction. In order to simplify the the issue of the alley under the County's jurisdiction, the alley was deeded to the City of Delray. This action allows the alley to be included with the other seven (7) alleys and easements to be abandoned. The abandonment of the eight (8) alleys and easements were recommended for approval by the Planning and Zoning Board on November 19, 1991, subject to being approved by the City Commission concurrently with the plat. The plat has been properly prepared and is now ready for action. .. . City Commission Documentation Delray Lincoln Mercury Boundary Plat Page 2 Further, there is excess right-of-way that the County will deed back to Delray Lincoln Mercury and additional right-of-way that Delray Lincoln Mercury will deed to the County along Dixie Highway. These two (2) items will be illustrated on the plat. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for final boundary plats. RECOMMENDED ACTION: By motion, approve the final boundary plat for Delray Lincoln Mercury. Attachment: * Location Map and Reduced Plat T:MERCURY.DOC .. · I tr L =y.~ / I ~~ UNTO" lOUUVARO D.&Q. ACRES I / OlD HAR8~ OFFICE AND 8>> I I' - J / ~CE ANI ._ DElRAY INOUSlNAL PARI< " J F'AClJTY . __PI , - .--- ~.. 10< t'i t ~ III III Ll " ~ '- . ~ I 1-' ............ ~~ ~I ! t 0 --- 'l'/ ~'- ~//. "' -- ~ i'~ ~ _ I DEWY _I , 'LL ~ ~ WAlDA I 7H ~ ~ ~ I ~ ,,~~ II (;I _ 1"""'--- / I ~ ~_ J~ ~ ~ ~ ~ f' BURNS __ J OLDSWOIILI MILLER DEWY PARK - WITSU8ISHI - CJ r.l ..: ED WORSE CADfl1AC , :.J DE1RA Y -:-:::::1 ---- j j PLAZA 1===1_ ( " N r --- , ,. ~ -4 ... DELRA Y LINCOLN MERCURY - l-- I - ~ J · JJdJ J I " 1)(,-1 L / "f:j' I t I 12.0.0.' WA TER- OIS TRIBU no.N EASEMtNT 6=0.'55'56- R=197u.0.8 P,R.M L=32.0.9' NO. 1930. 10.' FlUe I. EASEMENT (OR/J JUIL, PC 180.1) 20~ -' - 29 28 NW CORNER DETAIL ':.4" 0, SEC 28-~6-~3 _. l\j i T46S, Ro/3E /RACT 4-A ACRE A CE ~ /<J '. FNO, P,R,M. (PLA ISo.OK 18. PACE 53) ",~I~ (0.77'1+'.0..20.'5) ~ ;!;. '" SET PR,/.f. I~CRESS ECRESS EASEMENT i ..... <::> ~ No.,I930. O.R.B. 4675 ,PC 68-86) ~ ~~ 1 PRM /1 = Oo.:37'J1.- S86"59'55~E .l.o..l S87U'54J" 291.92' NOl9JO f : IV/1I8 /8.61 179J 150.0. 135.0.0.' io ];:28>02> > l "92 2JOoo > l!.-1fJ1A,,#,:'R/NC ~I Nan ' " 31280' - -:;:c _ -!l.71 589"2652 E . SOUTHERN BELL &- 317 W Uo.82' ~8r'1J'I7"W SOOV4'27T ;::: UTlLlTY EASEMENT ~ N '4 '4 .., 05.29 63 'ti (ORB PC ) 0, Oi '<i . RADiAl BE. '0 So.UTHERN BELL &- ~ TRACla" ~'J5'4 .ARINC UTILITy EASEMENT 1.2125 ACRES . ~' J F (o.RB 4372 PC 617) '" ~Cj~ (ORB 43U P . L. = 4'32'48 '~. ).. C 10.46-10.48) :g R = 1970.,o.{I ~"'~ ~ c:, ( = 156 3D .... 0, N ~ ...... s::> -- __....If) I II C:i !Xc:' ~~).. ~ - lcl ~ ..!. 0.. ~ 7. 56 ' "ll::" 2 ~ i15f2~& 16.59' N87'o..?'57"w <J ........ ::-..:;: (j:q: <: Q;' ~;{- Q.. - -- SEE DETAIL "A' " G ; J '{ 10.' FP.Jt L. EASEMENT 2 ij ~ ~ (o.RB 30.1.?, PC 180.1) _ ~~ ~ ~ ./ ~ '= c:i c:i ~ ~~ It 12.0.0.' WA TER TRACT "A" I() ;;; ... DIS TRIBU TlON II. 120J ACRES ~ 'i::' EASEMENT t:::\~ ~ "- c:i ~I " ~"" ~ i[ /2.0.0.' WA TER k1 DISTRIBUTlON--- - ::J' C): I EASEMENT ~ K N 0.2'/4'34" E N !;i2P1'5." (?i ~:t ;t: (j (.:) ~ Nl'17'J6"E .... 259.0.4' 10.14 ~ ~ " . ~ <::l 95.28 I '<i l..J:t ~ 'I I ~ h. '- , I ~'=" N86'59'lo."W po.lNT A" P R. M. '" ~I 12.95 N86'59'lo."W . NO. 19.30. h.. V\ 4J.24 ~ V1:::) N8T1J'I7"W N 280..65' ~ ~ ~. .~ q - ----IIi:::: /<J .~ 0,. ,~ .S: ll::~ ~~ <::> .... '0 ;: C) ::: .~"- ...~ ll) C) i.) '0 ,I\j o,~ t:f "-~ ~~ ~") f2~ ~;; ..... ~~ '0",> .... ~~ "'... ."J ~ ~--J " C) ~ V) <: ~ .... <: I ~ Ii 4 N86"5530 W ) eM's ACRES 688,Jl' P.R.M (PLA TBOOK 29. PACE 12) NO./9.30. /10 TE : YERE AlA Y BE ADDtnONAL RESTRlcnDNS THA T ARE NOT RECORDED ON THIS PLA T , iA TAlA Y BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, 5JRVEY NOTES ,. NO BUILDINGS OR ANY KIND OF CONSTRucnON SHALL BE PLACED ON unuTY OR ....- ....--- __."....-...-.,-r,.. .. d ~, " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t9J1 SUBJECT: AGENDA ITEM # ~k - MEETING OF AUGUST 25. 1992 ACCEPTANCE OF AN EASEMENT DEED/RALPH BUICK DATE: August 21, 1992 This item is before you to accept an easement deed granted by Ralph Buick in conjunction with the construction of a water main. The proposed water main will run along Federal Highway across the north property line of Ralph Buick to Florida Boulevard. The water main is a portion of the proposed Southeast Transmission Main project. Recommend acceptance of an easement deed from Ralph Buick. ,. " EASEMENT DEED THIS INDENTURE, made this 5th day of August , 19~, between Ralph Buick, Inc, , hereinafter referred to as "Owner", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "City". WITNESSETH: That Owner, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by City, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto City, its successors and assigns, a right of way and perpetual easement for the purpose of: Installation of Potable Water Transmission Main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such Water Main under, across, through and upon, over, under or within the following described property located in Palm Beach county, Florida, to-wit, DESCRIPTION See attached Exhibit A and Exhibit B Concomitant and coextensive with this right is the further right in City, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement. That this easement shall be subject only to those easement., re.triction., and reservations, and reservations of record. That Owner to provide for the release of any and all mortgagee or lien. encumbering this easement. Owner also agree. to erect no additional building or effect any other additional kind of construction or improvements upon the above-de.cribed property. Owner does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through Or under it, that it has good right and lawful authority to grant the above described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the sarne shall include the successors or aseign. of the parties. IN WITNESS WHEREOP, the parties to and seals the day and year first above written. WITNESSES: i2y~J4f1-li. /{ ,Kr'i' Vice President Rnbert:a I.. Ryncarz (name printed or type written) or type written) 2501 South Federal Highway (address) Delrav Beach. FL 33444 -~ A, ~~ (name printed or type written) Kelly S. Parsons (name printed or type written) (address) STATS OF FLORIDA COUNTY or PALM BEACH ~ The foregoing instrument was acknowledged before me this ~- day of ~ , 19~, by lames Smith (name of person acknowledged), who is personally known to me~xxxxxxxxxxJ(XXYYYYYYYYJ(Y~ *~~as identification and who did (did not) take an oath. Notary Public ~~~'m. do.h. 1;I...l1,q) ~ J (?QfY~ Signa re of Person Taking Acknowledgment COTtltJ.4'f,If.1\. ,. M 1~'5'ol K..l1y S. P'arRnnR Serial Number, if any !'lame of Acknowledger Typed, Printed or Stamped . .. " S. E. TRANSMISSION MAIN DELRAY BEACH PROJECT NO. 91-92 RALPH BUICK 12' UTILITY EASEMENT A parcel of land within Blocks 22 and 36 of the Del-Raton Park Subdivision, Pages 9 and 10, Plat Book 14, Public Records of Palm Beach County, Florida. Said parcel of land being more particularly described as follows: Commence at the S. E. corner of lot 34, Block 36 of the Del-Raton Park Subdivision (P.B. 14, P.9); thence run due west, along the southerly border of said lot, 40 feet to the point of beginning. Thence continue along the cPrevious course 333. 9S feet to a point, thence N-78 -54'-lS"W, 46.39 feet to a point on the east righ~-of-way line of U. S. Route 1, thence S-11 -OS'-45"W along said east right-of-way a distance of 12.0 fee~ to a point on said east right-of-way line, thence S-78 -S41-S4"-E, 47.S6 feet to a point, thence due east 335.12 feet to a point, thence due north, 12.0 feet to the point of beginning. Said parcel containing 0.10S acres more or less. JR:kt JRSETM.KT (A) File: 91-92 (H) EXHIBIT A ,. -- -- N ~ ~ FV210A BOUI.E.VAlZO N' ;;~L& --- I~ fl-;:=<s.~._N"'" I ~ I~ U:>T!4 ~I'o ~ I~ OE.\- lZATDW PAU ~O.~. ~- p,&.14 ~" I~ ltii J..: ~ :~ ~ __ J OU~ ~TK ~ I . r-P-t1, e" (PRM) I I 1"1' .... ~r C7a.IZAY ~'ZA ~ ~ t/eJ... l2ATOt.l nq p~ 0 ~~ (rlALPU ~tilv~) I I I I ~ ~ ~ ~ ~ " U. '5 f2L, . UTe 1 NDT A ~uev=v EXHIBIT B , . ~ CITY of DELRA Y BEACH S,E. TRAN6M&SlON MAli ~~L "'''I\'llln/ol\H'NTn <WnvlrFS nFP.~nTMFNT ~ PROJECT NO, 9'.92 .. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 8L - MEETING OF AUGUST 25. 1992 CAPITAL IMPROVEMENT BUDGET DATE: August 21, 1992 This item is before you to receive and file a report from the Planning and Zoning Board with regard to the consistency of the 5 - Year Capital Improvement Program and the proposed FY 1992/93 budget with the Comprehensive Plan. The Planning and Zoning Board at their August 17th meeting formally reviewed the Capital Improvement Program. One item of inconsistency, the advancing of construction at the Leon Weekes Environmental Preserve, was identified. Other technical items were noted and are contained in the staff report attached as backup material for this item. The Board by a 5-0 vote forwards the report. The Comprehensive Plan shows construction of the Leon Weekes Interpretive Trail in Fiscal Year 1995, whereas the Capital Budget has it included as a Fiscal Year 1993 project. The Commission is requested to give direction to staff as to when this project is to be scheduled. The Planning and Zoning Board has recommended that the Capital Budget and Capital Improvement Program be amended to bring them into comformity with the Comprehensive Plan. .. . . " . C I T Y COM MIS S ION DOC U MEN TAT ION TO: / ---DAVID T. HARDEN, CITY MANAGER C~~~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 25, 1992 PLANNING AND ZONING FINDING OF CONSISTENCY - 5-YEAR CIP AS PRESENTED WITH THE PROPOSED FY 92/93 BUDGET ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of receipt of the Planninq and Zoninq findinq re proposed budqet and direction to the Administration to rectify identified inconsistency. BACKGROUND: As required by policies within the Comprehensive Plan, the City Manager's Capital Improvement Budget proposal is to be reviewed, in public session, by the Planning and Zoning Board in its role as the Local Planning Agency. The purpose of this review is to determine consistency between the budget proposal and the Comprehensive Plan. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992. One item of inconsistency, the advancing of construction at Leon Weekes Environmental Preserve was identified. Other technical items were noted and are contained in the attached report. The Board forward their report on a 5-0 vote (Currie and Naron absent). RECOMMENDED ACTION: By motion, accept the findings of the Planning and Zoning Board and direct the Administration to change the Capital Improvement Budget document accordingly. Attachment: * P&Z Staff Report & Documentation of August 17, 1992 DJK/CCCIP.DOC .. . PLANNING AND ZONING BOARD DOCUMENTATION TO: PLANNING AND ZONING BOARD MEMBERS ~~~O~~~,~ THRU: DAVID J. KOVACS, DIRECTOR FROM: JOHN WALKER, PROJECT COORDINATO~~~ SUBJECT: MEETING OF AUGUST 17, 1992 I FIVE YEAR CAPITAL IMPROVEMENT PROGRAM (FY 93-97) FINDING OF CONSISTENCY ACTION REQUESTED OF THE BOARD: The action requested of the Board is that of making a finding of consistency of the Capital Improvement Budget and the Five Year Capital Improvement Plan for fiscal years 1993-1997 with the Comprehensive Plan. - Since there are no significant differences between the preliminary and final CIP documents, we have not provided another copy to you. I f you wish to have a copy of the final CIP, please contact Stan Weedon or John Walker. BACKGROUND: The Board had reviewed the preliminary Capital Improvement Budget (CIB) and preliminary Five Year Capital Improvement Plan (CIP) at its meeting of April 20, 1992. The finding of the Board at that time was that the CIB and CIP are consistent with the Comprehensive Plan except as noted in the Staff Report (attached). The CIB and CIP have been revised to final form for submission to the Board and to City Commission. There remains one item, the Leon Weekes Interpretative Trail, which is inconsistent with the Comprehensive Plan. This item is shown in the Five Year Schedule of Improvements for FY 94/95, but is listed in the CIP for FY 92/93. The shift in time of two or more years requires a Plan Amendment. In addition to the consistency issue, it is appropriate to review the details of the CIB and CIP to recommend clarifications and explain changes. The following comments are arranged by fund name as shown in the CIB/CIP. \J.L. . P & Z Board Staff Report Five Year Capital Improvement Program (FY 93-97) Page 2 Recreation Impact Fee Fund: One line item, Other Park Improvements, has been deleted and replaced with Project Reserve. Since the Comprehensive Plan calls for a $100,000/year setaside for improvements to existing facilities, it would be more appropriate to retain the Other Park Improvements line item in this fund. There is a transfer from this fund to a newly created Tennis Facility Fund. Coupled with the advance of the Leon Weekes Interpretive Trail to FY 92/93, there is an apparent reduction in the funds available to the Southwest Park. All impact fee funds not allocated to other items are to be dedicated to the Southwest Park. Again, in this fund a Project Reserve item is not appropriate. It should be noted that the redevelopment of the Tennis Center, exclusive of the Stadium, is an appropriate use of funds set aside for Other Park Improvements, but the CIP should be clarified to reflect that use. "Decade of Excellence Bond Fund: One change should be noted in this fund. A new line item has been added, Engineering Department Services. This represents the design, survey and other technical tasks associated with projects. Beach Restoration Fund: Construction of the Beach Nourishment Project will begin in FY 92/93 at a reduced cost as reflected in the CIP. Due to this time shift, Environmental Monitoring (phase III) should be shifted to FY 93/94 as this task is required one year after construction completion. In addition, a recent change order to the Sea Turtle Conservation Program will increase the cost in FY 91/92 to $25,800. Since all costs on these projects are reimbursable from other agencies, these changes have no adverse effect on City funds. General Capital Improvement Fund: The line item, Street Widening - N.E. 4th Avenue, should be 4th Street. This is the segment from Swinton Ave to N.E. 2nd Avenue. Tennis Stadium/Facilities Fund: This is a new fund source made up of transfers from the General Capital Improvement Fund, Marina Fund, Recreation Impact Fee Fund, and a bank note (short term loan) . Sources of revenue should also list the CRA contribution and allocation from the utility tax. Water/Sewer Impact Fees: The line item for ground storage tanks has been deferred to the period after FY 97. .. P & Z Board Staff Report Five Year Capital Improvement Program (FY 93-97) Page 3 Water/Sewer - Renewal & Replacement Fund: A new line item, Atlantic Water Main Replacement, has been added to replace the Lake Ida Water Main, Congress to Military. Both projects relate to County road widening projects. The Lake Ida widening has been suspended from the County's Five Year Plan. In addition to the above details, several funds are shown in the CIP with zero expenditures. These funds are listed to show a complete picture of the City's finances. These include the Beautification Trust Fund and Sanitation Fund (for debt service and small projects). Also included are the 1983, 1984, 1987 and 1991 Bond Construction Funds, whose projects are complete. These funds could be grouped together in the CIP and identified separately to avoid confusion. One additional list of projects is included in the CIP, the "unfunded projects" (pg. 28) . These are projects requested by City departments which have no current funding source. A different format should be used for this page to clearly identify these projects as requested but not funded. - RECOMMENDED ACTION: By motion, find that the Capital Improvement Budget and the Five Year Capital Improvement Program for fiscal years 1993-1997 are consistent with the Five Year Schedule of Improvements in the Comprehensive Plan, except the advancement of Leon Weekes Interpretive Trail from FY 94/95 to FY 92/93. T:CIPl.DOC . PLANNING AND ZONING BOARD DOCUMENTATION TO: Planning and zoning Board Members FROM: Stan Weedon, Planner II~~~~ John Walker, Project Co inator DATE: MEETING OF APRIL 20, 1992 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM (FY 93-97) - FINDING OF CONSISTENCY ACTION REQUESTED OF THE BOARD: The action requested of the Board is that of making a findinq of consistency of the preliminary Capital Improvement Budget and the preliminary Five Year Capital Improvement Plan update for fiscal years 1993-1997 with the Comprehensive Plan. BACKGROUND: The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review, annually, the Capital Improvement Budget (CIS) and the Five Year Capital Improvement Plan (CIP). This responsibility is detailed in the Comprehensive Plan, in Policies A-3.3 and A-3.4 of the Capital Improvement Element and in Parts IV and V. Prior to a proposed annual budget document being forwarded to the City Commission for formal hearings, the Capital Improvement Budget (CIB) shall be reviewed by the Planning and Zoning Board for its consistency with the Five Year Schedule of Improvements. This review is part of the annual budget preparation process. The Board shall conduct this review at a public meeting and shall issue its findings as to the consistency of individual projects with the Comprehensive Plan. As a matter of local policy, The Planning and Zoning Board also reviews the Five Year Capital Improvement Plan (CIP) for its consistency with the Five Year Schedule of Improvements as contained in the Comprehensive Plan. In this way, projects that are proposed for future years are reviewed in a timeframe that allows the processing of any necessary amendments to the Comprehensive Plan to be completed without adverse impact on the project schedule. y,.q. .. Planning and Zoning Board . Consistency of CIP Page 2 A draft of the Five Year Capital Improvement Plan (CIP) was submitted to the Board March 26, 1992 by the Finance Director. The draft CIP includes projects requested by staff for inclusion in the Five Year Schedule of Improvements as contained in Part IV of the Comprehensive Plan. At the Board's Workshop of April 13, 1992, the Planning and Zoning Department staff presented a list of projects,inc1uded in the draft eIP, which are inconsistent with the Comprehensive Plan. CAPITAL IMPROVEMENT BUDGET (FY92/93): The projects over $100,000, proposed for inclusion in the cra and identified as inconsistent with the Five Year Schedule of Improvements are: * Sandoway Park Beach Headquarters and Restroom * Community Center Expansion These projects are identified as needs in the Comprehensive Plan, but have no specified funding source. In order to be included in the Five Year Schedule of Improvements, verification of funding and/or identification of previously approved projects which will be delayed is necessary. CAPITAL IMPROVEMENT PLAN CFY 94-97): Projects over $100,000, proposed for inclusion in the CIP for fiscal year's 1994-1997 and identified as inconsistent with the Five Year Schedule of Improvements are: * Boy Scout Ballfield Complex * Pompey Park Pool Replacement * Municipal Golf Course Clubhouse These projects will require amendment to the Comprehensive Plan to identify the pro j ect need, as well as identification of a funding source. * Water Master Plan Improvements * Sewer Master Plan Improvements . Planning and Zoning Board Consistency of CIP Page 3 These projects will require identification of a funding source and the identification of supporting material existing in the Comprehensive Plan which justifies the appropriateness of individual projects. * Catherine Strong Center Improvements This project is identified as a need to be addressed in the Second Planning Period. Justification and identification of a funding source is required to advance the project timeframe. The following projects are shown in the Five Year Schedule of Improvements, but become inconsistent as proposed in the CIP since their schedule is shifted two years or more. All are storm drainage projects, funded by the Storm Drainage Utility Fund. * North Federal Highway * Lake Ida Area The above projects are proposed for a delay of two years -Dr more. * East Central Area * Delray Shores * Frederick/Lamat * Lake Heights * Gulfstream Estates * Silver Terrace * Lone Pine Road * Branden Drive The above projects are proposed to advance in time by two or more years, from the Second Planning Period to the First Planning Period. In addition, if a change in funding source is identified, an amendment to the Comprehensive Plan will be required. One additional project, Leon Weekes Interpretive Trail, is shown in the Five Year Schedule of Improvements, but becomes inconsistent as proposed in the CIP. This project is proposed to advance in time by two or more years, from FY 94/95 to FY 92/93. ,. Planning and Zoning Board . Consistency of CIP Page 4 SUMMARY: Staff recommends that all the above projects from the Capital Improvement Budget and the Capital Improvement Plan be found inconsistent with the Comprehensive Plan. If this recommendation is supported by the Board, staff will notify the appropriate department of deficiencies in individual projects. As deficiencies are addressed, projects will be brought back to the Board in the form of proposed amendments to the Comprehensive Plan. RECOMMENDED ACTION: By motion, find that the Capital Improvement Budget and the Five Year Capital Improvement Program for fiscal years 1993-1997 are consistent with the Five Year Schedule of Improvements as Contained in the Comprehensive Plan, except as noted and described in the background section of this memorandum. JW/T:CIP3.DOC " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF AUGUST 25. 1992 WAIVER OF THE LANDSCAPE CODE/CASON COTTAGE PARKING LOT DATE: August 21, 1992 We have received a request from the Cason Cottage, located at the northwest corner of Swinton Avenue and N.E. 1st Street, for waiver of certain provisions of the Landscape Code in conjunction with parking lot improvements on the site. The development proposal includes the paving of the existing shellrock parking lot and expansion of the stabilized sod parking area. The parking lot will consist of seven standard parking spaces and two handicap parking spaces. Just north of the paved parking lot, additional parking (22 standard, 13 compact and two spaces for buses) will be provided in stabilized sod. The area just west of the building and a portion of the paved parking lot will be retained as open space for lawn games. The 12 foot alley which runs from N. E. 1st Street to the northern property line of Cason Cottage will be reconstructed as a part of the Central Business District (CBD) alley reconstruction project. The northern half of the alley, which is presently unimproved, will be constructed follwing the second issuance of the Decade of Excellence Bond. The waiver request involves LDR Section 4.6.16(H)(3)(i) which provides that landscape islands which contain a minimum of 75 square feet of plantable area, with a minimum dimension of five feet, shall be placed at intervals of no less than one island for ever ten parking spacesj and, LDR Section 4.6.16(H)(3)(k) which provides that whenever parking tiers abut, they shall be separated by a minimum five (5) foot landscape strip. The applicant is requesting that dimension of the landscape islands be reduce to four (4) feet and that the requirement for landscape requirement for parking tiers be waived as these parking areas will be comprised of stabilized sod. Additionally, the deletion of the islands will allow for a wider landscape buffer along Swinton Avenue. The Historic Preservation Board at their August 19th meeting recommended approval of the requested landscape waivers. Recommend approval of the request from Cason Cottage for waiver of certain provisions of the Landscape Code in conjunction with parking lot improvements on the site. .. " 'l,' , , (.~/t ,/1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~IO T. HARDEN, CITY MANAGER \...')~~ THRU: . 0 VIO J. KOVACS~TOR DEPARTMENT OF PLANNING AND ZONING ~ul '-11t6sk/ FROM: ; NET MEEKS, PLANNER I I SUBJECT: MEETING OF AUGUST 25, 1992 WAIVER OF INTERNAL LANDSCAPE REQUIREMENTS FOR CASON COTTAGE PARKING LOT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq a waiver from the following provisions of the Landscape Regulations: * Section 4.6.16(H)(3)(i), to provide landscaped islands at no less than one island for every 10 parking spaces; and * Section 4.6.16(H)(3)(k), to provide a 5' landscape strip between parking tiers. The project is located at the northeast corner of Swinton Avenue and N.E. 1st Street. BACKGROUND: Earlier this year, a request came from the Historical Society to expand the Cason cottage parking area. Additional parking is needed to accommodate special events and bus parking for school groups. Staff members from both the Planning and Zoning Department and the Environmental Services Department designed a plan to provide the additional parking in a natural state. The plan includes the paving of the existing shellrock parking lot for everyday use, and provides additional spaces in sod over a stabilized base. As staff was preparing the parking lot design, the City Manager was contacted by the adjacent property owner to the north, who wanted to purchase the northern 5.5' of the Cason Cottage property to combine it with his lot. His lot is only 44.5' .. ,.,_t, " City Commission Documentation Cason Cottage Parking Lot Page 2 wide, and has a driveway which encroaches on the Cason property. The additional 5.5' would create a 50' wide lot, which is the minimum buildable lot size, and would accommodate the driveway. In order to provide the 5.5' to the property owner to the north, reductions in the landscaping within the Cason Cottage parking lot are necessary. The interior landscape strips between the parking rows have been reduced from 5' to 4' (see illustration). In addition, a waiver is being requested to the requirement to provide interior landscape islands within the parking areas. The code requires landscape islands to be placed at intervals of one for every 10 parking spaces. The primary intent of the islands is to soften the impact of an asphalt surface. As these parking areas will be comprised of stabilized sod, landscape islands are not necessary. Also, the deletion of the islands allows room for a wider landscape buffer along Swinton Avenue. HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of August 19, 1992, the Historic Preservation Board unanimously approved the minor site plan modification for the Cason Cottage parking lot. The Board also voted to recommend approval of the requested landscape waivers by a 5-0 vote (2 members absent). RECOMMENDED ACTION: By motion, approve waivers to the following Landscape Regulations: * Section 4.6.16(H)(3)(i), to provide landscaped islands at no less than one island for every 10 parking spaces; and * Section 4.16.16(H)(3)(k), to provide a 5' landscape strip between parking tiers. Attachments: Reduced Site Plan, HPB Staff Report T:CCCASON .. I Z2.0~ EX/Sf/HG PROPERTY UNE ;" , ST~Y 8 0 ~ CARAC{ : . , ; , 11M' . .- - ------- I' ~ 40'(T'fP) ,I; I PROPOSED 24' PA'I{MENT .,. . - l<e ,)(~ 'ta 2 t) " , I fer t-t PB II il\tt( Mi. .Ji.41 I I liD 0.. I I I I IJ:J I I ~(4.~ 8~~ \12- 1/:-:1 :-~: Ca.jPAC~ CA~ P4INC: I I I I (~::-, , , I I~ ~L-=J.:; :L-=:J.==.e==c:-::c _ C-=-.L-=-..1.~..J.~ .. 1 r:-::r==r: T-=r==r: -:y =r:- T-=r==r-=- ~ I I I I I I I I I I I .", I I I' I I I I I I I I ~, J I I- I I I I I I I I 'f, ." I I '~ I I I I I I ,~ ~. PROP~~~o ~o P A~~I~G 7 I I PROPOSED 20' : I IIlE[ sr',; I,k ; PAVEMENT I I '., {Tl1>l, ,-', I . . '........./ .' 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HISTORIC PRESERV A TION BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETINO DATE: Au~ust 19, 1992 AOENDA ITEM: #2 ITEM: Cason Cotta~e Parkin~ Lot - Minor Site Plan Modification 1 I Ie I I . I ,...... r- . f-- - . .- ." IIlIl . I-- - c - r- I It I- - - - - - - 1.- = "-- - i- - IT 1 = 11 L... ~ 1m r - -.r; Ii ;a- -- WI (]I[] , ~ .. --. -1-- ~ .... - - - ;= e - I ;, ~fl III D I 1 I II II UlJ'1 ~ I I ~ II I aTLalTIt Y"!liITI!~~ ~[ .1 U-J I II II 11111' =:. .... OIJJ I -, II I -. CI--f I 1M = r _ I GENERAL DATA: Owner.........................City of Delray Beach, Florida Agent.........................David Harden City Manager Location......................Northeast corner of N. Swinton Avenue and NE 1st Avenue. Property Size.................O.79 Acres City Land Use Plan............Other Mixed Use City Zoning...................OSSHAD (Old School Square Historic Arts District) Adjacent Zoning........North: OSSHAD East: OSSHAD South: OSSHAD West: OSSHAD Existing Land Use.............Museum Proposed Improvement..........Parking and landscape additions for the existing museum. Water Service.................Existing 10" water main along N. Swinton Avenue. Sewer Service.................Existing 8" sanitary sewer force #2 '- ""'0" +-,.., t"h", "''''lc::t of orooertv. '. ,. I T E M B E r 0 R E THE BOARD: The item before the Board is that of approval of a minor site plan modification for the expansion of the Cason Cottage parking lot. The subject property is located at the northeast corner of Swinton Avenue and N.E. 1st Street. BACKGROUND: Cason cottage was built in 1915 and was the home of a prominent local pioneer. The building was utilized as a single family home until the City purchased the property in 1987 for re-use as office space. Since the Cottage had historical value, the Delray Beach Historical Society suggested to the City that the property become the historical office, archival center, and a house museum for the City. The City agreed to the arrangement, and committed money along with the Historical Society for the renovation of the Cason Cottage Museum. The exterior of the house was in good condition. However, three other houses on the site were demolished due to neglect and deterioration. The restoration required that 22 new windows be duplicated to match the originals and a new roof was installed. All rotted wood was replaced and doors re-hung. The site was improved to include landscaping and a shellrock parking lot. The first museum exhibit opened in January 1989. Earlier this year, a request came from the Historical Society to expand the parking lot. Additional parking is needed to accommodate special events and bus parking for school groups. The City Commission approved the allocation of $35,000.00 for the Cason Cottage parking lot improvements. As staff was preparing the parking lot site plan, the City Manager received a request from the owner of the the adjacnet property to the north to purchase the northern 5.5' of the Cason Cottage property. The property, which is in the process of being sold has a driveway which encroaches on the Cason property. Also, the lot is only 44.5' wide. The additional 5.5' would create a 50' lot and solve the encroachment problem. The sale of the 5.5' is to be discussed at the August 18th, City Commission workshop meeting. The action now requested of the Board is approval of a basic site plan for the expansion of the Cason Cottage parking lot. The landscape plan will be handled administratively. ,. ,. HPB Staff Report Cason Cottage Parking Lot Page 2 D EVE LOP MEN T PRO P 0 S A L : The development proposal includes the paving of the existing shellrock parking lot. The parking lot will consist of 7 standard parking spaces and 2 handicap spaces. Just north of the paved parking lot, additional parking will be provided in stabilized sod. The stabilized sod parking area will include 22 standard parking spaces, 13 compact parking spaces and 2 spaces for buses. The Historical Society requested that the area just west of the building and the paved parking lot, be retained as open space for lawn games. The alley which runs along the east side of the property is 12' in width. As part of the CBO alley reconstruction project this alley is to be paved from N.E. 1st Street to the northern property line of Cason Cottage. The northern half of the alley, which is presently unimproved, will be constructed with the second issuance of the Decade of Excellence bond in June 1993. That section of the alley which will be utilized for the ingress/egress to the parking areas will be widened to 20'. Along the northern portion of the site, a 24' wide driveway will be extended from the alley to Swinton Avenue. Thus, there will be two points of ingress/egress to the site. SIT E P LAN A N A L Y S I 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 Future Land Use Map Compatibility; Concurrency; Comprehensive Plan Consistency; and, Compliance with Local Development Regulations (LDR'S). Appropriate findings were made with respect to the above requirments with the original approval of Cason Cottage. Compliance with the Local Development Regulations are discussed in the following paragraphs. Compliance with Land Development Regulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Parking: Pursuant to Section 4.6.9(C)(6)(k), museums shall provide 5 spaces per 1,000 sq. ft. of total floor area. There is approximately 1,600 sq. ft. of building area which would require 8 parking spaces. The proposed expansion will provide a total of 44 parking spaces. ,. '. HPB Staff Report Cason cottage Parking Lot Page 3 Pursuant to Section 4.6.9(F), up to 30t of the required parking for any use may be designated for compact cars. Spaces which are provided above the number of required spaces may also be designated as compact car parking. Per code, a total of 39 parking spaces could be designated as compact parking spaces. The plan proposed 13 compact spaces. Pursuant to Section 4.6.9(D)(8)(b), a surface of sod over stabilized base is acceptable for parking used on a once-a-week or occasional basis. parking lots and spaces proposed to be constructed of stabilized sod may be allowed through the Site Plan Approval process. Setbacks: Along the north property line a 5' landscape strip is required between the vehicular use area and the adjacent property; 5' has been provided. Screens and Buffers: There are no special screens or buffers required with this development proposal. LAN D S CAP E A N A L Y S IS: In order to accommodate the property owner to the north, and to maximize the landscaped area along Swinton Avenue (for the Swinton Avenue Beautification Program) , 2 landscape waivers by the City Commission are requested. These waivers are from the following Sections: * Pursuant to Sect10n 4.6.16(H)(3)(1), landscape islands must be placed at intervals of no less than one island for every 10 parking spaces. Within the stabilized sod area, there are 11 parking spaces in a row without the provision of a landscape island. * Pursuant to Section 4.6.16(H)(3)(k), whenever parking tiers abut, they shall be separated by a minimum 5' wide landscape strip. A 5' landscape strip has not been provided between the paved parking spaces and the stabilized sod spaces. Also, only a 4' landscape strip has been provided between the two sodded rows. The above code requirements are generally intended for paved parking lots. In this situation, it would be appropriate to waive these requirements as the parking areas are to be constructed with sod which is considered a landscape material. Therefore, the intent of the code is being maintained. Rev1ew by Others: The development proposal w1l1 be reviewed by the eRA (Community Redevelopment Agency) at its August 20th meeting. ,. "H. ,. . ' HPB Staff Report Cason Cottage Parking Lot Page 4 ASS E SSM E N T I The expansion of the Cason Cottage parking lot will provide additional parking not only for the patrons of the museum, but also for Old School Square and the downtown area. Since the additional parking will be utilized on an occasional basis, it is appropriate that the majority of the parking lot be constructed with sod over a stabilized base. In order to accommodate the property owner to the north, a waiver from the requirement to provide a 5' landscape strip between the parking tiers is requested. Also, in order to maximize the landscape area adjacent to Swinton Avenue, a waiver is requested to eliminate the landscaped islands in the sodded parking area. A L T ERN A T I V E ACT ION S : 1. Continue with direction. 2. Approve the minor site plan modification for Cason Cottage with a recommendation to the City Commission to approve the waiver requests. 3. Deny approval of the minor site plan modification with reasons stated. R E COM MEN D E 0 ACT ION : By Separate Motions: Waivers: 1. Recommend to the City Commission approval of the waiver request from Section 4.6.16(H)(3)(i) for the elimination of the landscaped islands in the stabilized sod area. 2. Recommend to the City Commission approval of the waiver request from Section 4.6.16(H)(3)(k} to provide the 5' landscape strip between the parking tiers. Site Plan: 3. Based upon a determination, pursuant to Section 2.4.5(G)(5), that the proposed changes do not significantly affect the originally approved plan: Approve the minor site plan modification based upon positive findings pursuant to Section 3.1.1 (Required Findings and Section 3.3.3 (Standards for Site Plan Actions) for the expansion of the Cason Cottage parking lot. Ll, ~n-ter n~ /)djJA.6fmli\1l. -fir f/.1L ~~dtldUu Attac ments: . Site Plan In cUi~(,(j~ -fr~ a...1'.fr, ::)a' Location Map '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ N - MEETING OF AUGUST 25. 1992 WAIVER OF THE LANDSCAPE CODE/SOUTH COUNTY GOVERNMENTAL CENTER DATE: August 21, 1992 We have received a request from the South County Governmental Center located on Congress Avenue, south of Atlantic Avenue, for waiver of certain provisions of the Landscape Code in conjunction with parking lot improvements on the site. The development proposal includes paving the shellrock portion of the existing parking lot, improving the paved portion of the lot, installing an underground drainage system and associated landscape improvements. When improvements are completed, the parking will contain 45 standard parking spaces and eight oversized spaces. The parking area will be used exclusively for County maintenance vehicles and employee parking. The waiver request involves LDR Section 4.6.16(H) (3) (g) which provides that the amount of interior landscaping within off-street parking areas shall amount to no less than ten percent of the total area used for parking and accesswaysj LOR Section 4. 6.16(H) (3) (j) which provides that each row of parking spaces shall be terminated by a landscape islandj and, LDR Section 4.6.16(H) (3) (k) which provides that whenever parking tiers abut, they shall be separated by a minimum five (5 ) foot landscape strip. The applicant is requesting that the interior landscaping be reduced to less than 10%j that the provision for the terminal landscape island be waivedj and, that the provision for the five foot landscape strip be waived. The requested waivers only affect landscaping which is internal to the site. Additional perimeter landscaping is being provided in order to compensate for the reduction in interior landscaping. The proposed parking area will be screened from all public rights-of-way and adjacent properties. The Site Plan Review and Appearance Board at their August 19th meeting recommended approval of the waiver request. Recommend approval of the request f rom the South County Governmental Center for waiver of certain provisions of the Landscape Code in conjunction with parking lot improvements on the site. ~r /, 1';"L /\ C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. ~ CITY MANAGER THRU: ID J. KOVACS, ~ DEPARTMENT OF PLANNING AND ZONING L~~~' . FROM: ~~~p~ S, PLANNING TECHNICIAN I ,,/ SUBJECT: MEETING OF AUGUST 25, 1992 WAIVERS OF INTERIOR LANDSCAPING REQUIREMENTS FOR THE CONSTRUCTION OF A PARKING LOT AT THE SOUTH COUNTY GOVERNMENT CENTER. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of interior landscaping requirements associated with a non-impacting site plan modification for the addition of a parking lot for the Palm Beach County South County Government Center. The subject parcel is located south of Atlantic Avenue on the east side of Congress Avenue. BACKGROUND: In 1986 Palm Beach County acquired the 1.2 acre Velda Farms site, including a 4,500 square foot building with associated parking lot. In 1991 the building was demolished, leaving the site with a partially improved parking lot. The current development proposal includes paving the shellrock portion of the existing parking lot, improving the paved portion of the lot, installing an underground drainage system, and associated landscape improvements. The parking area is to be used exclusively for County maintenance vehicles and employee parking. No public parking will be permitted. In order to accommodate the many oversized vehicles and vehicles with trailers used by Parks and Recreation, the applicant is requesting waivers from the following LDR Sections: * 4.6.16(H)(3)(g) 10% of total vehicular use area to be devoted to landscaping. " * 4.6.16(H)(3)(j) Each row of parking spaces to be terminated by a landscape island. * 4.6.16(H)(3)(k) Abutting parking tiers to be separated by a minimum 5' landscape strip. Additional perimeter landscaping is being provided to compensate for the reduction in interior landscaping. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: The Site Plan Review and Appearance Board formally reviewed this item at its meeting of August 19, 1992. By a 6-0 vote, the Board recommended approval of the requested waivers and approved the landscape plan for the South County Government Center. RECOMMENDED ACTION: By motion, approve the following waivers to the landscaping regulations: * Section 4.6.16(H)(3)(g) requiring a 5' landscape strip between abutting parking tiers, * Section 4.6.16(H)(3)(h) requiring provision of terminal landscape islands for each parking tier, and * Section 4.6.16(H)(3)(k) requiring a minimum of 10% of total vehicular use area to be devoted to landscaping. Attachment: * SPRAB Staff Report & Documentation for South County Government Center Parks and Recreation Parking Lot. * Reduced Landscape Plan JDP/SCGC-CC.DOC " "'1, SITE PLAN REVIEW AND APPEARANCE BOARD Agent: Laura Purvis, Palm Beach County Facilities Planninq, Desiqn, and Construction, Architectural Division Project Name: South County Government Center Project Location: 345 S. Conqress Avenue I. Item Before the Board: The item before the Board is approval of landscaping plans associated with a non-impacting site plan modification for the addition of a parking lot for the Palm Beach County South County Government Center. II. Background: The South County Government Center was initially constructed in 1970. Over the years numerous additions and alterations have taken place, to create the existing configuration of buildings and services. The site currently houses several County offices, a Sheriff's office station, a public health clinic, Tri-rail station, and a County Parks and Recreation Department maintenance facility. In 1986 the County acquired the 1.2 acre Velda Farms site, including a 4,500 square foot building with associated parking lot. In 1991 the building was demolished, leaving the site with a partially improved parking lot. III. Development Proposal: The current development proposal includes paving the shellrock portion of the existing parking lot, improving the paved portion of the lot, installing an underground drainage system, and associated landscape improvements. The parking area is to be used exclusively for County vehicles and employee parking. No public parking will be permitted. When completed the lot will contain 54 standard spaces (18' X 9') and 8 oversized (10' X 36' ) spaces. In order to accommodate the many oversized vehicles and vehicles Aqenda Item: VI.A Date: August 19, 1992 .. . with trailers used by Parks and Recreation, the applicant is requesting waivers from the following LDR Sections: * 4.6.16(H)(3)(g) 10% of total vehicular use area to be devoted to landscaping. * 4.6.16(H)(3)(j) Each row of parking spaces to be terminated by a landscape island. * 4.6.16(H)(3)(k) Abutting parking tiers to be separated by a minimum 5' landscape strip. The requested waivers only affect landscaping which is internal to the site. All perimeter landscaping requirements have been met or exceeded, including the special landscaped setback along Congress Avenue per Section 4.3.4(H)(6)(b). This lot will be, used exclusively for parking of County vehicles, and screened from all public rights-of-way and adjacent properties. Therefore, granting these waivers will not have an adverse effect on the City of Delray Beach or on any nearby property owners. IV. Staff Recommendation: By separate motions: Waivers: 1. Recommend to the City Commission that a waiver be granted pursuant to Section 4.6.16(H)(3)(g) to permit provision of less than 10% landscape area interior to the parking area. 2. Recommend to the City Commission that a waiver be granted pursuant to Section 4.6.16(H)(3)(j) to permit omission of terminal landscape islands. 3. Recommend to the City Commission that a waiver be granted pursuant to Section 4.6.16(H)(3)(k) to permit omission of a minimum 5' landscape strip between abutting parking tiers. Landscape plan: 4. Approve the landscape plan for the South County Government Center based upon positive findings pursuant to Section 4.6.16 and subject to City Commission approval of requested waivers. Attachments: Landscape Plan JDP/SCGC.DOC Aqenda Item: VI.A Date: August 19, 1992 ~ ,- ~ ;: . ' ~ .. ! ~- i i? ~ n . .0 c . i'!' ,,;... i ~ , ,.., . ."..1 . 0 · ' ,zr' . : ."" ! ,:-. ,.:~ , ___, .....,. ' .' "J ." r - m' _, I ' U" .. ' willi :I . ~ :;;-: ~ : .. . ' :.. : ' ',I _ __ : !. _ :" ,,0 ; .' , ._, '._ . ,. : ." 4. ' . I ' .:__ ~ :'" : ::,. 1': .: ' , '.-: . "L .,: !; j , . :.,' ' ,,;! .' , '.' ., . ...' .'" _' J ." I' , .: i,I;. "':0".;:1 i" ,; . .' . .., ." J " .~: . 1'" ~.. . ; :. \"' j; "!-f;;'l.; iI:'I~. E ;; ': i ~! . ~. . _ ..". .I.t.. .,... . . . t j .,. . I · " . "," .' 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U ' . c . . , ' , - I , .- - -- , \11 ,0;', )J ....e ~t I': !.~ .. .. ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ?Jv/ SUBJECT: AGENDA ITEM # g'O - MEETING OF AUGUST 25. 1992 RESOLUTION NO. 90-92 DATE: August 21, 1992 This is a Resolution assessing costs for abatement action required to remove nuisances on 35 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. 90-92 assessing costs for abating nuisances on 35 properties located within the City. .. " RESOLUTION NO. 90-92 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 LandIs) 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 Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant t9 Chapter 100 of the Code of Ordinances desires to assess the cost of sa1d nU1sance(s) against said property owner(s), . ,. .. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid 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 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 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: i I City Clerk - 2 - Res. No. 90-92 . - COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 12 (LESS E85'), BLK 4, E.I.& ELIZABETH A.GALINIS $ 45.00 SHERWOOD PARK, PB 25, P 187, 3425 SHERWOOD BLVD. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 (RECORDING) COUNTY, FL (3425 SHERWOOD BLVD.) LOT 1, BLK 1, SOUTHRIDGE, MANUEL & ESTERVINA MOREDA $ 23.48 PB 13, P 38, PUBLIC RECORDS, P.O. BOX 1953 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 ( RECORDING) (1102 S. SWINTON AVENUE) LOTS 11 & 12, MELVIN S. BURD LILLIAN O. ROLI,.E $ 51.16 SUB., PB 11, P 73, PUBLIC 735 BLVD. CHATELAINE E. 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL 33445 (RECORDING) FL. (NW 6TH AVENUE) LOT 4, BLK 4, ATLANTIC PARK ROBERT CASTELLOW II $ 66.64 GARDENS, DELRAY, PB 14, P 56, 1150 N.W. 29TH WAY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH FT. LAUDERDALE,FL 33311 ( RECORDING) COUNTY, FL (213 SW 13TH AVENUE) LOTS 14 TO 16 INC., BLK 1, ESTERVINA MOREDA $486.73 SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 (RECORDING) COUNTY, FL (REIGLE AVENUE) LOTS 17 TO 20 INC., BLK 1, ESTERVINA MOREDA $197.97 SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 (RECORDING) COUNTY, FL (REIGLE AVENUE) S53.5' OF LOT 15, BLK 121, REGINIA VINCI $ 88.44 HIGHLAND PARK, DELRAY, PB 2, 556 ROCKLAND STREET 70.00 (ADM. COST) P 79, PUBLIC RECORDS, PALM WESTBURY, NY 11590 (RECORDING) BEACH COUNTY, FL (301 NE 7TH AVENUE) N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 35.42 OF DELRAY, PB 1, P 3, PUBLIC 221 N. SWINTON AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, DELRAY BEACH, FL 33444 (RECORDING) FL (NW 3RD STREET) -3- Res. No. 90-92 '. LOT 12 & N 1/2 OF LOT 13, BLK R.T.C. $ 46.96 70, (OLD SCHOOL SQUARE HISTORIC C/O LAWRENCE BERNARD 70.00 (ADM. COST) DISTRICT) SUNDY & CROMER AMND. 2064 PARK STREET (RECORDING) PL., PB 6, P 17, PUBLIC JACKSONVILLE, FL 32204 RECORDS, PALM BEACH COUNTY,FL (122 SE 1ST AVENUE) LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G. & $ 23.68 PB 12, P 81, PUBLIC RECORDS, PATRICIA ALLEN 70.00 (ADM. COST) PALM BEACH COUNTY, FL 206 S.W. 2ND AVENUE ( RECORD ING) (206 SW 2ND AVENUE) DELRAY BEACH, FL 33444 S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 23.68 BLK 56, TOWN OF DELRAY, PB 20, 303 S.W. 2ND AVENUE 70.00 (ADM. COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (303 SW 2ND AVENUE) LOT 22, BLK 4, LAKEVIEW, PB FRANK J. & PATRICIA A. $200.00 30, P 10, PUBLIC RECORDS, PALM DITMYER 70.00 (ADM. COST) BEACH COUNTY, FL 3557 LAKEVIEW DRIVE (RECORDING) (3557 LAKEVIEW DRIVE) DELRAY BEACH FL 33445 . LOT 271, TROPIC ISLE 3RD SEC., MICHAEL FREY $ 73.00 PB 25, P 37, PUBLIC RECORDS, 17 EAST PORT 70.00 (ADM. COST) PALM BEACH COUNTY, FL RED BANK, NJ 07701 (RECORDING) (EVERGREEN DRIVE) LOT 2, BLK 6, DELRAY BEACH GARY H. & CAROLYNN R. $ 89.00 HIGHLANDS SEC. 3, PB 27, MAYER 70.00 (ADM. COST) P 108, PUBLIC RECORDS, PALM 714 N.E.2ND AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (2108 SW 13TH COURT) LOTS 23 TO 28, INC., BLK 5, HAGGERTY ASSOC. PARTNERS $ 55.39 SOUTHRIDGE, PB 13, P 38, 101 N. FEDERAL HIGHWAY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOCA RATON, FL 33432 (RECORDING) COUNTY, FL (DOUGLAS AVENUE) S50' OF N250' OF E135' OF BLK R.P.I. MANAGEMENT $116.00 13, TOWN OF DELRAY, PB 1, P 3, P.O. BOX 2501 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 7825 N. BAYSHORE COURT (RECORDING) COUNTY, FL MIAMI, FL 33138 (20 SW 6TH AVENUE) W 1/2 OF LOT 7, BLK 30, TOWN ALBERT MARTIN & $ 51.00 OF DELRAY, PB 1, P 3, PUBLIC MARYLIN S. BARON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL P.O. BOX 414002 (RECORDING) (SW 5TH A VENUE) MIAMI, FL 33141 -4- Res. No. 90-92 .. E 1/2 OF LOT 7, BLK 30, TOWN ISADORA BRADY ESTATE $ 51.00 OF DELRAY, PB 1, P 3, PUBLIC C/O F. MARKS 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 1426 PARK PLACE ( RECORD ING) (SW 5TH AVENUE) BROOKLYN, NY 11213 N 1/2 OF LOT 13, BLK 30, TOWN ETHEL MACKEY $ 50.00 OF DELRAY, PB 1, P 3, PUBLIC C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 1120 N.W. 64TH STREET ( RECORD ING) (124 SW 4TH AVENUE) MIAMI, FL 33150 LOT 11, BLK 38, RESUB. OF BEULAH HUNTER $ 58.00 S 1/2 OF BLK 38 & N 1/2 OF 248 N.W. 14TH AVENUE 70.00 (ADM. COST) BLK 39, DELRAY BEACH, PB 11, DELRAY BEACH, FL 33444 (RECORDING) P 34, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) LOT 49 ( LE S S S 1 0 ' ) , SUNSET ANPE INC. $ 45.00 PARK, DELRAY, PB 12, P 65, P.O. BOX 3215 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33424 ( RECORDING) COUNTY, FL (1005 MANGO DRIVE) S10' OF LOT 49 & LOT 50 (LESS ANPE INC. $ 50.00 S10'), SUNSET PARK, DELRAY, P.O. BOX 3215 70.00 (ADM. COST) PB 12, P 65, PUBLIC RECORDS, BOYNTON BEACH, FL 33424 (RECORDING) PALM BEACH COUNTY, FL (1011 MANGO DRIVE) E'LY225.40' OF N300' OF S330' GLENDALE FEDERAL & OR $127.16 OF SE 1/4 SUB. OF SEC. FEDERAL SAVINGS BANK 70.00 (ADM. COST) 12-46-42, PUBLIC RECORDS, PALM C/O ROBERT A. SMITH,ESQ, (RECORDING) BEACH COUNTY, FL P.O. BOX 140398 (BRANDON DRIVE) FT. LAUDERDALE. FL 33301 LOT 4, BLK C, RIDGEWOOD E.& HERMENLINDA GONZALES $ 50.00 HEIGHTS, DELRAY, PB 14, P 44, 1108 S.W. 8TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (SW 8TH AVENUE) -5- Res. No. 90-92 '. LOTS 1 & 2/LESS N15' RD R/W, VALENTINE & FRANCES $ 45.00 BLK B, RIDGEWOOD HEIGHTS, GABALDON 70.00 (ADM. COST) DELRAY, PB 14, P 44, PUBLIC C/O DEPT. OF HOUSING & (RECORDING) RECORDS, PALM BEACH COUNTY, URBAN DEV. FL 328 4TH STREET (702 SW 10TH STREET) W. PALM BEACH, FL 33401 LOT 23, BLK C, RIDGEWOOD R.P.I. MANAGEMENT INC. $ 60.00 HEIGHTS, DELRAY, PB 14, P 44, C/O THOMAS WALKER 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 125 DIXIE BLVD. (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 (1106 SW 7TH AVENUE) LOT 4 (LESS W550' & N80. 4 ' ) , WILLIAM A. & ELIZABETH $147.40 CREGO SUB. AMND. PLAT 3, B. PERRY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 38 HIGH AVENUE ( RECORD ING) COUNTY, FL NYACK, NY 10960 (316 N. OCEAN BLVD.) ALL OF PLAT, CORNICHE, PB 53, CRAFT DEV. II INC. $ 34.56 P 28, PUBLIC RECORDS, PALM 5910 N.W. 2ND AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL BOCA RATON, FL 33487 (RECORDING) (SE 6TH AVENUE) S50' OF N200' OF E135' OF MINNIE NEWMAN $ 51.16 BLK 10, TOWN OF DELRAY, PB 1, 240 N.W. 8TH AVENUE 70.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 ( RECORDING) BEACH COUNTY, FL (NW 6TH AVENUE) LOT 19, BLK 2, ATLANTIC PARK J. D. & EARLINE MONROE $ 51.16 GARDENS, DELRAY, PB 14, P 56, 32 EARLE STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06120 (RECORDING) COUNTY, FL (39 SW 13TH AVENUE) S106' OF N216' OF LOT 8 (LESS MATTIE M. CREASMAN $ 62.90 PART IN DB 1029 P 416), BLK D, RT. #1 BOX 362 70.00 (ADM. COST) SUNNY ACRES, PB 21, P 63, ANDREWS, NC 28901 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (1203 GERMANTOWN ROAD) LOT 3, BLK 2, RIO DEL REY JAMES GINESI $114.99 SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FREEHOLD, NJ 07728 (RECORDING) FL (SE 6TH AVENUE) -6- Res. No.90-92 ,. . LOT 4, BLK 2, RIO DEL REY JAMES GINESI $114.98 SHORES, PB 25, P 5, PUBLIC 363A BRICKYARD ROAD 35.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FREEHOLD, NJ 07728 (RECORDING) FL (SE 6TH AVENUE) LOT 21 & N 1/2 OF LOT 22, V.C. & A.P. NOCERA TRUST $ 86.38 BLK 87, LINN'S ADD. TO OSCEOLA 626 WEST DRIVE 70.00 (ADM. COST) PARK, DELRAY, PB 1, P 133, DELRAY BEACH, FL 33445 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (236 SE 3RD AVENUE) TH PT OF LOT 11 KIA W 1/2 OF ELIJAH THOMPSON $ 58.70 DUPLEX, BLK 4, PRIEST'S ADD. 241 SW 14TH AVENUE 70.00 (ADM. COST) TO ATLANTIC PARK GARDENS, DELRAY BEACH, FL 33444 (RECORDING) PB 23, P 70, PUBLIC RECORDS, PALM BEACH COUNTY, FL (241 SW 14TH AVENUE) LOTS 7 TO 9, INC., LINCOLN RUBIN & FRANCINE CLINTON $ 58.90 ATLANTIC PARK GARDENS, PB 23, 1501 N.W. 1ST STREET 70.00 (ADM. COST) P 226, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33435 (RECORDING) BEACH COUNTY, FL (125-135 SW 14TH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -7- Re s . No. 9 0 - 9 2 .. " ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 8'"1> - MEETING OF AUGUST 25. 1992 RESOLUTION NO. 91-92 DATE: August 21, 1992 This is a Resolution assessing costs for abatement action required to board up unsafe conditions on property at 18 S.E. Dolphin Drive. 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 $291.50 remains unpaid. Recommend approval of Resolution No. 91-92 assessing costs to board up unsafe conditions located on property at 18 S.E. Dolphin Drive. ,. " RESOLUTION NO. 91-92 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 DEL RAY 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 unsa fe 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 City Manager of the City of Delray Beach has, I pursuant to Section 165.42 of the Code of Ordinances of the City of , De lray 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 parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and 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 mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk I i , I , - 2 - Re s . No. 9 1- 9 2 .. NOTICE OF ASSESSMENT Date TO: Yolanda de Jesus Gonzales ADDRESS: 18 SE Dolphin Drive, Delray Beach, Fl 33445 PROPERTY: 18 SE Dolphin Drive, De1ray Beach, Fl 33445 LEGAL DESCRIPTION: Lot 4, Block 4, De1ray Shores, Plat Book 24, Page 232 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $291.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1992, 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 5-22-92 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 deci~lon 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 6-16-92 at a cost of $?ql ~O which includes a ten percent ( 107.) administrative fee. If you fail to pay this CQ~t within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. .. Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk . .1l' c-"':;: '; :~. .:..;".~ j;- MEMORANDUM ~ -~ !f TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ B'Q " SUBJECT: AGENDA ITEM # - MEETING OF AUGUST 25. 1992 AWARD OF BIDS AND CONTRACTS DATE: August 21, 1992 This item is before you to approve the award of the followino bids and contracts: 1. Swale Reconstruction Project - Homewood Boulevard - Asphalt Construction of Palm Beach, Inc. in the amount of $43,663.19 with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). 2. Public Works Garage Renovation Project - Olympic Industries, Inc. in the amount of $110,810 with funding from 1987 Utility Tax - Garage Improvements Other (Account No. 333-3351-591-60.69) and General Construction Fund Garage Improvements Other (Account No. 334-3351-591-60.69) . Recommend approval of the award of the above bids and contracts with funding as indicated. - -. .. . DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: DAVID HARDEN CITY MANAGER 1tlf~;!rP~ Z- THRU: WILLIAM GREENWOOD, P.E. DIRECTOR OF ENV. SVCS. FROM: RALPH HAYDEN, P.E.~ CITY ENGINEER DATE: AUGUST 7, 1992 SUBJECT: SWALE RECONSTRUCTION PROJECT - HOMEWOOD BLVD. PROJECT No. 92-29 BID No. 92-54 ------------------------------------------------------------------ Attached is an Agenda Request for the special Commission Meeting on August ~.x1992. requesting award of the construction contract for the referenced project to Asphalt Construction of Palm Beach, Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $43,663.19. The Swale Reconstruction Project consists of grading. stabilizing the shoulder, and sOdding the swale areas on Homewood Blvd. from Atlantic Ave. south to Lowson Blvd. The funding source for this project is 225-3162-541-61 .17. RH:kb Attachment cc: Ted Glas, Director of Purchasing F i 1 e: Project No. 92-29 Memos to City Manager AR9229.KJB '. SWALE RECONSTRUCTION PROJECT HOMEWOOD BLVD. from ATLANTIC AVE. to LOWSON BLVD. PROJECT No. 92-29 BID TABULATIONS Asphalt Charles All-Rite Southeast Rio-Bak Canst. of Whiteside Paving Cattle Co. Corp. P.B. ITEM EST. QTY. 1. 1 $3,156.26 $18,000.00 $2,500.00 $7,800.00 $9,500.00 Clearing & Grubbing 2. Swale 10,000 0.75 0.25 1. 50 0.84 2.70 Grading 7,500.00 2,500.00 15,000.00 8,400.00 27,000.00 3. 6" 6,500 1. 50 1. 75 2.50 5.53 2.00 Stabil. Shoulder - 9,750.00 11,375.00 16,250.00 35,945.00 13,000.00 4. Sod 10,000 1. 30 1. 65 1. 60 1.29 1. 55 13,000.00 16,500.00 16,000.00 12,900.00 15,500.00 5. 1 6,246.93 2,900.00 5,000.00 2,100.00 3,600.00 Traffic control 6. 1 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 Testing Allow. 7. Video 1 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 Allow. 8. 1 10.00 10.00 10.00 10.00 10.00 Indemnity TOTAL $43,663.19 $55,2PS.00 $58,760.00 $71,155.00 $72,610.00 . .. MEMORANDUM TO: David T. Harden City Manager .. /fi~ ,i,~~!(/(1-- THRU: William H. Greenwood ~~~~ Director of Environmental Services FROM: Richard Hasko Asst. City Engineer SUBJECT: PUBLIC WORKS COMPLEX GARAGE RENOVATIONS PROJECT NO. 92-19 DATE: August 10, 1992 Attached is an agenda request recommending award of the subject construction contract to olympic Industries, Inc. They are the lowest responsive/responsible bidder with a total evaluated proposal of $ll0,S10.00. Also attached is a bid tabulation for your reference. The funding source for this project is account no. 333-3351-591-60.69. ~' i bJL ,II (>~)(, , lchardHasko RH:smm ATTS: cc: Ted Glas, Purchasing Officer Richard Corwin, Deputy Director of Public Works File: Memos to City Manager Project No. 92-19 (D) .. . m 9.2-19 SN'?'" /01".2. I . Pu.BUC tvv/?KS ((}""'P~E)< RpJ CL-ynPlc .5.. /'>7TY7t crL,/'t.:5C..-<JN I S;ACO"'-" I . , ,1//" /'1- //V.i)II~IC'I.r5 LoR?, ECi.U/~ SFr.Y 2)t'<VdZ. C",RJ'>. --.. - ... -.- ". UT1MT. U.11' TOftIo.,. -- - l1li2_ ..... .JJ.I<L- . .-........., .. . ..11\1", n. ,Ill.. ....t. 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It! - /tJ- //J- It:!- ..- DeI1.... ::... ,...'....I...t..... . //08/0- //oS /:Z5- //t:" 1(;0- /s-s.,.5~o,~ 1101 n_ 1 ""'"'" 11 fl.. ....... fWota.....I..t....I. I.' I~ t __ II I 1. __.J .. " '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT~ AGENDA ITEM # ~11 - MEETING OF AUGUST 25. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: August 21, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period August 10, 1992 through August 21, 1992. The following actions were considered during this reporting period: Planning and Zoning Board: -Approved the preliminary plat and certified the final plat as being consistent with the preliminary plat for Blair's Downtown Subdivision. Site Plan Review and Appearance Board: -Approved the master sign program for Macci International Tennis Center (former Linton International Plaza). -Approved the architectural elevation plan (color change) for Shining Through. -Approved the architectural elevation plan (facade changes and awning addition) for Port of Call and Likx. -Approved the architectural elevation plan (facade changes and awning addition) for Delray Car Wash. -Approved the site, landscape and architectural elevation plans for Snowdon Residential Center. -Approved the landscape plan associated with a non-impacting modification for the addition of a parking lot for the South County Governmental Complex and recommended waiver of the landscape code to permit less than the required 10% of landscape area in the interior parking lot; to omit terminal landscape islands; and to omit the required five foot landscape strip between abutting parking tiers. Historic Preservation Board: -Approved a minor site plan modification in conjunction with the expansion of the Cason Cottage parking lot and recommended waiver of the landscape code to allow the elimination of landscape islands in the stabilized sod area,s and to omit the required five foot landscape strip between abutting parking tiers. A detailed staff report is attached as backup material for this item. " '- C I T Y COM MIS S ION DOC U MEN TAT ION TO: u. HARDEN, CrTY MANAGER ''-~-~~~~ THRU: DAVID J. KOVACS, DIRECTO DEPARTMENT OF PLANNING AND ZONING to/}~ af/t~ FROM: !JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF AUGUST 25, 1992 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 10, 1992, THRU AUGUST 21, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 10, 1992, through August 21, 1992. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides tha t the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. .. - . City Commission Documentation , Report of Appealable Land Use Items August 10, 1992 thru August 21, 1992 Page 2 PLANNING AND ZONING BOARD (PZB) MEETING OF AUGUST 17, 1992 1. Approved the preliminary plat and certified the final as being consistent with the preliminary plat for Blair's Downtown Subdivision, located at the northwest corner of Atlantic Avenue and NE 5th Avenue (Vote 5 to 0). The final plat will be forwarded to the City Commission for action. No other appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Continued the request for conditional use for a multi-purpose Entertainment Recreational Facility in the former Delray Bowl Building, so that the applicant may further address problems associated with parking and impacts on the neighborhood. * Recommended approval (5 to 0) , of the City initiated rezoning from Planned Commercial (PC) to Medium Density Residential (RM) for a portion of the Delray Plaza (i.e. the vacant lot to the rear, located on the west side of Florida Boulevard. * Recommended approval (5 to 0) , of the City initiated rezoning from Medium Density residential (RM) to Single Family Residential (R-1AA) for the South Ocean Park Subdivision, located at the southwest corner of Brooks Lane and A-I-A. * Recommended approval (4 to 1) , of the City initiated rezoning from General Commercial (Ge) to Mixed Industrial and Commercial (MIC) for Parcels of land located on the north and south sides of West Atlantic Avenue, west of the CSX Railroad. * Recommended approval (5 to 0), of a City initiated rezoning from Central Business District (CBD) to Community Facilities (CF) for the Master Booster Station site, located at the Southwest corner of NE 4th Avenue and NE 3rd Street. * Recommended approval (5 to 0), for the Abandonment of a portion of a 16' alleyway lying within City Block 72, which is located on the East Side of Swinton Avenue, between SE 3rd and 4th Streets. * Denied a request (3 to 2), to initiate a change in zoning from Medium Density (RM) to Low Density Residential (RL) for the property located in the 1200 Block of NE 8th Avenue, known as the Wadland Property. City Commission Documentation Report of Appealable Land Use Items August 10, 1992 thru August 21, 1992 Page 3 * Recommended approval (4 to 0), of a Text Amendment, regarding setbacks for swimming pools. * Endorsed the CBD Parking Committee Report regarding the CBD Master Parking Plan, with comments and recommendations. * Determined that the Capital Improvement Budget and Five Year Capital Improvement Program for fiscal years 1993-1997 are consistent, with one exception, with the Five Year Schedule of Improvements as contained in the Comprehensive Plan. * Reviewed and commented on the O.R.C. Report for Plan Amendment 92-1- PLANNING AND ZONING BOARD (PZB) SPECIAL MEETING OF AUGUST 20, 1992 The following agenda items were considered at the Special Meeting of the Planning and Zoning Board. These items are not appealable items and will be forwarded to the City Commission as separate agenda items: * Rezoning (R-1A to CF) for properties along NW 3rd Avenue and NW 1st Street to be used in conjunction with the expansion of the Municipal Tennis Center. * Conditional Use Request for the Siting of a Tennis Stadium upon City owned Land, existing Municipal Tennis Complex. SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF AUGUST 19, 1992: : 1- Approved the master sign program Macci International Tennis Center (former Linton International Plaza), located at the southeast corner of Linton Boulevard and SW 10th Avenue The Board voted unanimously (6 to 0) on 12 individual signs, and (5 to 1) on one sign. 2. Approved the architectural elevation plan (color change) for Shining Through, located on the south side of Atlantic Avenue, between SE 4th and 5th Avenues (vote 6 to 0). 3. Approved the architectural elevation plan associated with (facade changes and awning additions) at Port of Call & Likx, located on the west side of Ocean Boulevard, south of Atlantic Avenue (vote 6 to 0). 4. Approved the architectural elevation plan (facade changes and awning additions) for Delray Car Wash, located on the east side of NE 6th Avenue, between 3rd and 4th Streets (vote 6 to 0). ,. ''';1 City Commission Documentation Report of Appealable Land Use Items August 10, 1992 thru August 21, 1992 Page 4 5. Approved the site plan, landscape plan and architectural elevation plan for Snowdon Residential Center, which is an expansion to the residential component of the South County Mental Health Facility located on S. Military Trail (vote 6 to 0). This facility is proposed to provide short term residential treatment to mental health patients. 6. Approved the landscape plans associated with a non-impacting modification for the addition of a parking lot for the Palm Beach County, South County Governmental Center (vote 6 to 0). In addition, the Board recommended to the City Commission the following landscape waivers: - to permit the provision of less than 10% landscaped area interior to the parking lot; - to permit omission of terminal landscape islands; - to permit omission of a minimum 5' landscape strip between abutting parking tiers. No other appealable items were considered by the Board. However, the following agenda item required Board action: * Denied the business sign for Regency Plaza II, located at 143 SE 6th Avenue. * Denied an additional business sign for Gold Coast Chiropractor, located at 1000 Linton Boulevard (located within the Delray Crossing Shopping Center). HISTORIC PRESERVATION BOARD MEETING OF AUGUST 19, 1992: A. Approved a minor site plan modification in conjunction with the expansion of the Cason Cottage parking lot (vote 5 to 0). The Board also recommended approval of the following landscape waivers: - the elimination of the landscaped islands in the stabilized sod area. - the elimination of the 5' landscape strip between parking tiers. No other appealable items were considered by the Board. However, the following agenda items required Board action: * Granted a Certificate of Appropriateness associated with the construction of an exterior stairway and perimeter fencing for a single family dwelling located at 102 NW 1st Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map -- . - LOCA nON MAP f'OR CITY COMMISSION MEETING Of' AUGUST 25, 1992 l-JO CANAL I LAkt IDA ROAD 4 ~ I SW2ST ~ ~ ~ ~ . .. I; I; i i LDWSON IOULEVAJD ~ 2 0 UNTO" IOULEVARD % @ ~ ~! ~ ; 8 l-J8 CANAL H. P. B. ITEt.iS: S.P.R.A.B. ITEMS: A. - CASON COTTAGE 1. - MAcel INTERNATIONAL ~. - DELRA Y CAR WASH TENNIS RESORT 5. - SNOWDON RESIDENTIAL 2. - SHINING THROUGH TREATMENT CENTER N 3. - PORT Of' CAU .t UKX 6. - SOUTH COUNTY GOVERNMENT COMPLEX CITY OF DELRAY BEACH, rLORIDA PLANNING DEPARTMENT '. . ,---.- - " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJt1 SUBJECT: AGENDA ITEM # Cf8 - MEETING OF AUGUST 25. 1992 APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD DECISION BIZMART DATE: August 21, 1992 The Site Plan Review and Appearance Board at their July 22nd meeting, approved the south elevation flat wall sign for Bizmart. The approved sign is 42 inches in height, all red letters to match the existing color at the center with the only exception being a black outline around the paper clip which substitutes for the letter "I" in the word Bizmart. Subsequently, we received an appeal of that decision from the applicant. The applicant is requesting that the color of the "I" in the Bizmart sign be white with a black outline. The SPRAB, at their January 8th meeting, denied that request and required that standard blanket red be used for all lettering, but approved the black outline around the paperclip. Staff has reviewed the appeal and recommends approval of the appeal from the Site Plan Review and Appearance Board action on the use of the logo for the rear sign as requested by Bizmart. Recommend approval of the appeal from the Site Plan Review and Appearance Board's decision with regard to the color of the "I" in the Bizmart sign on the rear of their building. Approval of the appeal will allow the applicant to use the black and white colors requested for the letter "I". if) atLm &~YiL~ x/m/ L/ to I ( /ff7Dt:fWS ClSSEfl77f)9) .. " . . , . Agenda I tem No.: .AGENDA REQUES~ Date: 8/18/92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 8/25/92 Description of agenda item (who, what, where, how much): Appeal of SPRAB's Decision on Sign Color for Bizrnart 1250 Linton Blvd - Delrav Crossing ShoooinQ Center ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval 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 P1 Hold Until: Agenda Coordinator Review: Received: . Action: Approved/Disapproved " " MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: APPEAL OF SPRAB'S DECISION ON SIGN COPY COLOR FOR THE BIZMART COMPANY DATE: AUGUST 14, 1992 ITEM BEFORE THE COMMISSION: - - An appeal to the City Commission of the Site Plan Review and Appearance Board's (SPRAB) decision regarding the color of the logo designed letter" i" contained within the business sign for Bizmart. The sign is for the rear wall facing 1-95. This action appeals the decision made by the board at their regular meeting of July 22, 1992. BACKGROUND: The Bizmart Mega Center is located at 1250 Linton Boulevard, within the Delray Crossing Shopping Center. The shopping center has a blanket color of "red" for all business signs. Bizmart had requested that the letter "i" within the word (which is in the form of a paper clip, and considered as the company's Logo), be white with a black outline for affect. The Board denied the request and required that the standard blanket red be used for all lettering, but approved the black outline. The board took the same action on the business request for the free standing sign on Linton and the flat wall sign located on the building front, in January, 1992. The sign being appealed is located on the rear wall facing 1-95. Section 2.4.7 E (1) provides for appeals to the City Commission for Board actions. The project owner has complied with the 10 day written requirement and the submission of other information pursuant to procedures established with this section of the LDRs. RECOMMENDATION: Staff is recommending City Commission approval of the appeal to SPRAB's action on the use of the logo for the rear sign as requested by Bizmart. " ,. ( 0 -., " , i I i i i i 1 I ... ::J n - D t> u < ',. .. u _ ,.. .' D " p 1> ,:) '-."," .-.. I: . C".~u_.. , ":"""-':',-., u::~~ _, .. .. " i " -", ....c I - ".- ~'. -'--:~'~,','-'-:- ", u__.. .:~_ - -.:', u,' " -L~~ 'Ls .' It.( 01 . ~:s W- . . , ,t'o- 1." ~ , I I i I i I h ~ )J.. 1 I ~ i I i lU X I ! ....l ::::,. ~ 1 { -r ~ z - ...l . , ~Ii . I) 0-.-. .. ~U t-ij ;s.1 \i) ) 'l'll ~Ii " ~I' . I, ""ZI ~ - . RJ !I '=: ~ .. , r-ji I 'J~ '--- tit 'I COLLINS SIG~S August 5, 1992 Joyce Desormeau City of DelRay Beach 100 NW 1st Ave De1Ray Beach,FL Re: Bizmart 1250 Linton Blvd. Dear Joyce: I am formall~ requesting placement on the agenda for the next var1ance appeal meeting. We are requesting reconsideration of the SPREB decision, dated July 22, 1992. A check for $100.00 will be overnited to your attention. Thank you again for your time and attention to this matter. Sincerely, \,i \.)..(J~~ ~ fVonne Cook Pr~ject Coordinator BW/yc : Home Office: 3701 Napier Field Road P,O, Box 1253 Dothan, Alabama 36302 (205) 983-6518 Fax: (205) 983-1379 , I , r- i , r MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD MEETING, JULY 22, 1992 AT 6:30 P.M. Members Present Others Present Jess Sowards, 1st Vice Chairperson Janet Meeks, Planner Gene Fisher Sam DeOto Tom LaSalle Debora Oster Rett Talbot (arrived later) I. Mr. Sowards called the meeting to order at 6:30 p.m. II. Mrs. Oster moved to approve the minutes from the meeting of July 8, 1992. Seconded by Mr. DeOto with the vote as follows: Gene Fisher Yes Sam DeOto Yes Tom LaSalle Yes Debora Oster Yes Jess Sowards Abstained III. SIGNS A. Abbey Road 92-16341 710 Linton Boulevard Bright Image Signs Free Standing Sign This item was removed from the agenda at the request of the applicant. B. Bizrnart 92-17016 1250 Linton Boulevard Art Sign Company Rear Flat Wall Sign Mrs. Oster stepped down and left room. Mr. Talbot arrived. Represented by Pam Cox of Art Sign Company and Tom McMurrian. After lengthy discussion, the members express some concern with granting a deviation from an approved master sign program, Mr. Talbot moved to approve the south elevation flat wall sign "Bizmartll to be in 4211 in height, all red letters to match the existing color at the center with the only exception being a black outline around the paper clip. Seconded by Mr. DeOto. The front is as approved previously on January 8, 1992. The vote was as follows: Rett Talbot Yes Gene Fisher Yes Sam DeOto Yes Tom LaSalle Yes Jess Sowards Yes " .. . . MINUTES: Site Plan Review and Appearance Board Meeting January 8, 1992 Page 2 were acceptable but were hopeful the applicant would reconsider the pink neon and use a blue or a teal for some continuity. The members favored conformity to the mascer sign program with the blue as in the center and use the windows for color. After discussion, Mr. Talbot moved to deny the applicant for "Frisco's Cafe" with the recommendation that they use stylized letters but conform to the colors and size per the blanket approval (raised letters with plexiglass); the neon and vertical bands (and oval border) are eliminated; the color to match the existing signs. Seconded by Mrs. Oster. Prior to the vote being taken, the applicant stated he felt he had been treated unfairly and referred to "Payless" in that the store colors were different from the blanket and this deviation had been approved by the Board. He stated the restaurant was unique and he wanted these particular colors. The applicant was informed he could appeal the decision. The vote was as follows: Tom LaSalle Yes Gene Fisher Yes Sam DeOto Yes Rett Talbot Yes Debora Oster yes Jess Sowards Yes The application was denied. B. Bizmart Mega Center 91-13808; 91-14243 1250 Linton Boulevard Neon Sign Flat Wall Sign Not Per Blanket Approval Represented by Bryan Roundtree. (Mrs. Oster stepped down and left room) . The applicant presented an application containing a slight deviation from the approved red color. There are to be two (2) signs and the applicant wanted the proposed red. The plans indicated red letters outlined in black. The blanket, stated Mrs. Desormeau, is a total red package except for "Ross". The members commented in that the black would present a second color and possibly a third color (white appearance at night). The members discussed the application and felt the sign should conform to the approved red and asked themselves if they would want to introduce another color such as black. There was lengthy discussion and several motions. The final motion was made by Mr. Talbot to approve the plans as submitted except eliminate the black outline and "Megacenter" to be red; both signs be blanket approval in red; the paper clip to be red and with black outline on both signs. Seconded Mr. Fisher with the vote as follows: fom LaSalle Yes Gene Fisher Yes Sam DeOto Yes Rett Talbot Yes Jess Sowards Yes " " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i Cfc. - MEETING OF AUGUST 25. 1992 CENTRAL BUSINESS DISTRICT MASTER PARKING PLAN DATE: August 21, 1992 The Planning and Zoning Board at their August 17th meeting reviewed the Master Parking Plan as prepared by the City of Delray Beach Parking Committee. A report of that review is attached as backup material for this item. Briefly, the Board determined that there is nothing in the report which conflicts with the adopted Comprehensive Plan; made comments relative to text and provided recommendations on technical matters. A more detailed discussion of this item is tentatively scheduled for the October 20th worksession. Recommend acceptance of the Planning and Zoning Board's comments with regard to the Central Business District Master Parking plan. ~ .~~ 6-0 -ro 13<r:- f) ,'S0..QS'CD ~E.e. 4-1 10/;;20/9 ;;)- wob:'Sl/oP " . " "- . .' C I T Y COM MIS S ION DOC U MEN TAT ION TO: QT. HARDEN, CITY MANAGER ! ~~jbLDDL- FROM: DA D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 25, 1992 RECEIPT OF PLANNING AND ZONING BOARD REVIEW AND RECOMMENDATIONS PERTAINING TO THE CBD MASTER PARKING PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of receipt and acknow1edqement of the Planning and Zoning Board's review, comment, and recommendations pertaining to the CBD Master Parking Plan. The Planning and Zoning Board review should also be considered when the City Commission, itself, reviews and acts on the CBD Master Parking Plan. BACKGROUND: On June 18, 1991, the City Commission held a special worksession which dealt with the subject of "Downtown Parking" . Subsequently a "Parking Study Committee" was appointed and, under the direction of CRA Director Chris Brown, prepared its report. Mark Krall, Chairperson of the Planning and Zoning Board, was a participant on the special committee. Planning Director David Kovacs and City Traffic Engineer, Greg Luttrell also participated. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the resulting report (document) at two worksessions and at two public meetings. Attached, as Exhibit "A", is the Board's review, comment, and recommendations report which was forwarded on a 4-1 vote (Purdo opposed, Currie and Naron absent) at its meeting of August 17, 1992. " - City Commission Documentation Receipt of Planning and Zoning Board Review and Recommendations pertaining to the caD Master Parking Plan Page 2 Items of substance which are raised in the report include: * administrative support for the proposed Parking Management Team; * the "contract back" concept; and, * a recommendation to proceed as soon as practical with consideration of LOR amendments. RECOMMENDED ACTION: By motion, receive the report and acknowledge the Board's comments and recommendations. (Note: Action/implementation of the Report will occur at a subsequent Commission meeting following your workshop review of it.) If necessary, provide further direction to the Board or Administration regarding contents of the report with respect to preparation of the workshop review. Attachment: * Planning and Zoning Board Report DJK/CCCBDPKG.DOC - .--'.. ._...,~--~._- ,. EXHIBIT "A" PLANNING AND ZONING, AGENDA ITEM V.C. REGULAR MEETING OF JULY 20, 1992 REVISED FOR MEETING OF AUGUST 17, 1992 DETERMINATION OF CONSISTENCY AND RECOMMENDATIONS REGARDING THE CBD PARKING COMMITTEE REPORT This report presents the review of the Planning and Zoning Board on the document, Master Parking Plan, as prepared by the City of Delray Beach Parking Committee, June, 1992. The Board reviewed the document in worksession on July 6th, and endorsed this report on July 21st. The report addresses the subject through the following topics (sections'): A. Consistency with the Comprehensive Plan; B. Comments on major recommendations; C. Technical comments and corrections. A. CONSISTENCY WITH THE COMPREHENSIVE PLAN There are no policies contained within the Comprehensive Plan which directly address the subject matter of the Master Parking Plan. However, there are a few policies which do have some relationship to it. These include: * Land Use Element, A-S. 4, which calls for the continuing up-grading and streamlining of regulations; * Land Use Element, C-4.1, which calls for the CBD development regulations to accommodate "parking needs through innovative actions"; * Land Use Element, C-4.3, which calls for CRA and City cooperation in preparing a "special CBD development plan" which addresses, among other items, parking; * Land Use Element, C-4.4, which calls for the City to be the lead agency in pursuit of tiered parking facilities. There is nothing in the report which is in conflict with the adopted Comprehensive Plan. The minor inconsistency between Policy C-4.4 and the creation of a Parking Management Team to be lead agency is not of significance. The Planning and Zoning Board finds the Master Parking Plan not to be inconsistent with the City's adopted Comprehensive Plan. " Exibit "A" Planning and Zoning, Agenda Item V.C. Regular Meeting of July 20, 1992 Page 2 B. COMMENTS ON MAJOR RECOMMENDATIONS 1. There are three points in the Plan which deserve added emphasis. They are well stated in the Plan. They are: * A parking problem is the public's perception that there is not enough convenient parking in an area. It may be the result of an inadequate parking supply, poor management of existing facilities, or sometimes misplaced anger about traffic conge~tion. (Page 3) * The parking problem in the Downtown Area is not a parking supply problem, because the existing parking supply is adequate. Parking management improvements which enhance the visibility and use of the existing parking supply as well as traffic engineering improvements which increase the accessibility to the municipal lots are warranted. (Page 6) * The entire complexion of parking would change if the Ci ty constructs a parking structure. The Ci ty would probably need to charge user fees (to the parkers or area merchants) for parking in the structure, install meters on all the streets, and assess the district to meet the debt service and operating expenses of a parking structure. (Ex. Summary - Page v.) 2. Parkinq Manaqement Team (a) Page 31 and page 19 suggests that the CRA be the lead agency in administering activities of the Parking Management Team (also, Ex. Summary - page vi). This is based on its removal from "politics" and that it has "taken a lead role in redevelopment projects". While the removal from politics as it relates to the allocation of funds from a parking trust program is sound reasoning, the program is not yet to that stage i.e. as a parking authority. On the other hand, the close relationship which the CRA has to potential development activities may not create the best situation in dealing with the prioritizing and background work on parking related matters. The Planning and Zoning Board recommends that the Parking Management Team be under the administrative support of the City Administration. As a minor item, the terms of the PMT should correspond to the normal terms used for other advisory and regulatory boards. " Exibit "A" Planning and Zoning, Agenda Item V.C. Regular Meeting of July 20, 1992 Page 3 (b) Page 33 . . . a "contract back" concept is raised (also raised on Page 21) . It appears that the CRA would gather currently allocated funds directed to parking activities and reallocate them to those who are already doing the work i.e. contracting back. This results in creating a track-record of fund expenditure but does not increase efficiency nor create greater centralization or accountability. If centralization (or focussing) is to occur, it should be more than a paper exercise and should provide for greater efficiency and management of parking operations along with accountability. 3. LOR Chanqes: (a) Page 30, LO 1b & Page 31, L02b. Identifies an option that the CBO parking requirements should apply in OSSHAD and that the in-lieu fee option be applicable in OSSHAD. While the reduced parking requirement (1/300 regardless of use) applied to new construction or new floor area is appropriate, there is a problem in that the CBO regulations do not apply to a change in use - only to additional floor area. Thus, in OSSHAD where most of the activity will be changes in use, remodeling, and no additional floor area, there would - in essence - be no additional parking provided (required) . Consideration should be given to requiring parking or in-lieu fee contribution when change of use occurs, but at the CBO rate. (b) Page 31, LO 1c. Identifies the option of removing the Expanded CBD Area from the special CBO regulations. While this item has generated discussion by the Board, if it is pursued, the ability to have the in-lieu fee option should be retained. Not only does the fee option provide a viable option for new development and expansion, this may be the only geographic area in which in-lieu fees would be generated. (c) Page 31, LO 2f. The P & Z Board supports the waiver of fee option which exempts payment for the first two (2) parking spaces required for site development or use expansion. ( d) Page 35, the PSC defers recommendations re LOR modifications to the PMT. The P & Z Board recommend8 that the process of pursuing changes to the LORs, a8 they pertain to the eBO and OS SHAD parking requirements and to the in-lieu fee, be initiated a8 Boon as possible. " Exibit "A" Planning and Zoning, Agenda Item V.C. Regular Meeting of July 20, 1992 Page 4 C. TECHNICAL COMMENTS AND CORRECTIONS 1. In commenting on the WSA study, there is not a mention regarding "beach goer" use of on-street parking spaces. Future work should provide statistical information regarding the number of on-street and public space parking which is consumed by beach goers. (Pages 8 & 9) 2. The statement (page 9) pertaining to the CRA advocacy role in providing off-street parking should be tempered to reflect the tentative status of the project. Also, the paragraph refers to parking "requirements" whereas, it may be more appropriate to use parking "demands". 3. In a few places, mention is made that there may be a restriction on peak hour use of Atlantic Avenue as traffic volumes rise. At the present time, there is a possibility that the entire parking lane along Atlantic Avenue (Swinton to 12th) may need to be converted to a traffic lane. Restrictions during peak hour is one of a few alternatives which may be pursued. The potential for deletion of on-street parking is not eminent, but is problematic. (Pages 10, 15) 4. A "potential parking problem" is suggested on Page 10, in the expanded CBD section. Besides increased development, such a problem may occur upon enforcement / implementation of a program for landscaping of street frontages and off-site parking areas (landscape compliance/up-grade program) . In providing such up-grading, some parking spaces may be diminished. Further, vacant lots which are currently used for parking may have this use restricted. 5. II.B. Parking Financing: In-lieu fee revenue goes to a restricted fund and not the general fund. Technical correction, Page 12. 6a. The annual costs which the City presently devotes to parking operations, maintenance and financing should be identified (page 12) . Directly accountable manpower costs are projected in the amount of $49,530. 6b. An estimate of "lost" revenue (by maintaining free parking in the downtown) and, hence, the DDA contribution should be calculated. Page 34. '-'---'-.-'- . Exibit "A" Planning and Zoning, Agenda Item V.C. Regular Meeting of July 20, 1992 Page 5 7. Best write-up yet, re LORs (page 12 & 13) . One correction, the second sentence, second paragraph should read: "Parking requirements do not apply for conversions and changes of use; are applied only to new floor area; and .....". 8. The OSSHAD Plans Section, page 16, could contain the proposal for improvement and expansion of existing parking at Cason Cottage and the provision of stabilized sod for ass overflow parking (north of the Cason Cottage lot). 9. The Previous Plans For A Parking Structure Section, page 17, should have addressed the parking garage proposal on the west side of 7th Avenue. 10. Comments (two paragraphs) on page 23 pertaining to a parking structure appear to be out-of-place. II. The first sentence under item LO 1.a., Page 30, is not clear. It addresses parking requirements for residential land use and change of use provisions ( ?) . 12. Ex. Summary, Page vii -- mentions that "an agreement should be made to return some beach revenue for beach restoration purposes" . This situation is not necessary to accommodate. Beach restoration has a restricted funding source. /////OJK:7/18/92 OJK/T:CBOPKG " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 871 SUBJECT: AGENDA ITEM i q 1J - MEETING OF AUGUST 25. 1992 REOUEST FOR EXTENSION/MORIKAMI LOAN AGREEMENT DATE: August 21, 1992 We have received a request from the Morikami Museum for a one year extension of the interest free provision contained in the Morikami Loan agreement for the relocation of the Sundy Feed Store. At the January 29, 1991 regular meeting the Commission approved a $74,750 loan and $24,000 grant to the Morikami Museum for the relocation of the Sundy Feed Store. In accordance with the loan agreement, a payment in the amount of $50,000 was to be made at the time State grant funding was received, with the remaining $24,750 to be repaid by June 30, 1992. The agreement also contained a provision which provided that the City would begin charging interest at the rate of 8% per year on the balance remaining after June 30th. Staff has reviewed this request and recommends that the final payment date be extended to June 30, 1993; and that the 8% interest charge be levied against the unpaid balance as previously approved. Recommend the final payment date be extended until June 30, 1993; and that the 8% interest charge be levied against the unpaid balance of $24,750 as previously approved. .. d!J-)t~ J'/t3/9.;). rO '::'; .~ <.~; ~~ ~ \! 1= i4~ : MEMORANDUM AUG 11,1992 C! Ti( iY.~'z~ f' i iCE TO: David T. Harden City Manager__H____ ,,( FROM: Joseph M. ~f~ Director of Fin.i~ . SUBJECT: Morikami Agreement - Request for Extension DATE: August 7, 1992 On January 29, 1992, the City Commission appropriated $98,750 to the Morikami Sundy Feed Store Project. Of this amount, $74,750 was in the form of a loan and $24,000 was in the form of a grant. The loan was to be repaid by June 30, 1992 . If, by that date, the loan was not repaid, the City was to impose an interest rate of 8% on the unpaid balance effective July 1, 1992. As of July 1, 1992, the Morikami has an outstanding loan balance of $24,750 (which was invoiced on City of Delray Beach Invoice Number 17027). The Morikami has requested a one-year extension of this loan with no interest. We are requesting your permission to place the Morikami's request on the next City Commission agenda to determine their position on this agreement. Unless the City Commission revises the agreement, the Morikami will be required to pay their outstanding loan balance of $24,750 plus 8% interest immediately. JMS/sam Attachment cc: Rebecca S. O'Connor, Treasurer Mary Ann Young, Project Cost Accountant " " I! (~c /, , " I / --. .... I.A,__[' .' " I' '~, It, } The a '>. ::i:z ",t- ../ l Morikami '-r~~~~.-l':V" . .~.vV,~.- ;.'} /7~c~~~ '" . Museum and Japanese Gardens IlL) j:-l~ 4000 Morikami Park Road. Delray Beach. Florida 33446 · (4071495-0233 · Fax (407) 499.2557 July 2, 1992 Mr. David Harden i::;ECEiVED City Manager JUt 6 1992 City of Delray Beach CITy MANA ' 100 NW 1st Ave. Delray Beach, FL 33444 GER S ornCE Dear Mr. Harden: As you know, the City of Delray Beach, by motion of the City commission on January 29, 1991, appropriated $98,750 to The Morikami, Inc. for the 1st phase of the sundy Feed store project. Of that amount, $74,750 was in the form of a loan. As agreed, The Morikami, Inc. repaid $50,000 when it received payment from a state - grant. The remaining $24,750 was to be repaid by June 30, 1992, following a fundraising effort. If not repaid, the agreement stated that the City would begin charging interest at the rate of 8% per year on the balance remaining. Although we have every intention of meeting our commitment to the City, to this date The Morikami, Inc. has not repaid the remaining $24,750 due to several factors which I shall list below. Because of these factors, I would like to request a one-year extension of the interest-free provision of the loan. 1. Due to more serious structural damage to the Sundy Feed store that was only discovered after it was moved, the museum had to ext;>end $29,810 for remedial str.l1ctural work and $1:-175 for fumigation of 'termites. 2. The fundraising effort carried on by the Friends of the Sundy Feed Store has been far less successful than anticipated, having netted to date only $9,214. 3. Re-roofing and stabilization still need to be accomplished in order to prevent further deterioration of the historic building. We feel that whatever funds are available should be used first for this purpose; otherwise, everyone's efforts and dollars will have been in vain. OFFICERS Da\;d W, Schmidt Kathy J, Bechtle Phyllis Hammett E. Michael Marcus Michel Simoneaux. EdT Alexander A, Simon. Jr, Secretary Harold Berkowitz. O,O,S, Thomas Hislop Bradley Middlebrook II Brian 0, Taylor President Stephen R, Swank Randall L, Bliven John E, Klein Chieko Mihori Gi!orge Weinstein Joseph T. Carty Treasurer Gi!orge T, Elmore Atsuko Lefcourte James S, Mihori Robert C, Wilkins J sl Vice President BOARD OF !\'ancy E, Stroud TRUSTEES Carol J, Elmquist Doris Love Takeshi Nagano DIRECTOR 2nd Vice President Mary E, Glover Alfred R. Lucas Joseph A. Orr, Ph,O, Larry Rosensweig James M, Barrett. M,D, Colin Wright Nancy N, Goerler Richard Machek Catherine M, Ross "'_J 1~;~_ 0__,,;,.1__1- It Please be assured that it remains our intention to repay the City in full. I shall be happy to meet with you or your staff to discuss the matter at any time. Your understanding and cooperation is deeply appreciated. Sil"t;:erely yours, b?;-cc ' Larry Ro nsweig 'G) Director cc: The Morikami, Inc. Board of Trustees " " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER b7v1 SUBJECT: AGENDA ITEM it q If:,. _ MEETING OF AUGUST 25. 1992 RESOLUTION NO. 92-92 DATE: August 21, 1992 This is a resolution authorizing the issuance of not exceeding $3,000,000 principal amount General Obligation Bond Anticipation Note, Series 1992A, pursuant to a line of credit made available through Barnett Bank for the purpose of providing short-term financing for various Decade of Excellence projects, including but not limited to, the cost of design, engineering and construction of various fire facilities. The Bond Resolution which authorized the Decade of Excellence Bond Issue, authorizes the City to issue bond anticipation notes in order to temporarily finance the cost of the acquisition and construction of approved Decade of Excellence projects. It is anticipated that the second Decade of Excellence Bond issue will occur in FY 1993/94. At the time the agenda was complete, the resolution was still being prepared. It is anticipated that the final version will be provided ta the Commission before Tuesday evenings meeting to replace the attached draft. Recommend approval of Resolution No. 92-92. KeJnOo<eD fecm AqenDf) " - " AGRBEMENT REGARDING LINE OP CREDIT Dated as of [ 1992] nDDS , Barnett Bank of Palm Beach County (the "Bank") has offered to make a closed-end line of credit (the "Line of credit") available to the city of Delray Beach, Florida (the "City"), in the principal amount of not exceeding $3,000,000 under which the City may, from time to time, make drawings; and nERDS, the City Commission of the City of Delray Beach, Florida, on August 25, 1992, adopted Resolution No. -92 (the "Note Resolution" ) authorizing the issuance of not exceeding $3,000,000 principal amount City of Oelray Beach, Florida, General obligation Bond Anticipation Note, Series 1992A, which Bond Anticipation Note, Series 1992A, shall represent the City'S Obligation to reimburse the Bank for drawings made under the Line of Credit; and nERDS, the City and the Bank find it necessary to enter into this Agreement, to acknowledge the terms and provisions of the Note Resolution adopted by the City and the extension of the Line of Credit by the Bank. NOW THEREI'ORE, the City and the Bank hereby agree as tollows: 1. That the Bank shall make immediately available to the City, pursuant to the terms and provisions of the Note Resolution, - the Line of Credit in an aggregate principal amount of not exceeding $3,000,000 which shall be available to the City in one or more drawings prior to December 31, 1993. 2. That the Line of Credit shall expire on December 31, 1993, and the outstanding principal amount of any drawings, inclUding interest thereon, shall become due and payable on such date unless all of such drawings have been prepaid prior to such date in accordance with the terms and provisions of the Note Resolution. 3. That the Bank hereby accepts the terms and conditions set forth in the Note Resolution applicable to the Line of Credit. BARHBTT BANK 01' PALM BBACH COUlfTY (SEAL) By: Title: Date: Attest CITY 01' DELRAY BBACH, I'LORIDA By: Clerk of the City of Title: Mayor Delray Beach, Florida Date: C:\DATA\Dl!LRA Y\AOREB.LOC .. RESOLUTION NO. _-92 #15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEIBAY '18 BEACH , FLOIUDA, At1I'IfORIZING '!BE ISSUANCE OF THE NOT EXCEED- '20 ING $ 3, 000, 000 I!lUHCIPAL AMOUN'l' GENERAL OBLIGATION BOND '21 ANTICIPATION NOTE, SERIES 1992A, QF THE CITY OF DELRAY '22 BEACH , FLOIUM, PORSUANT TO A LINE OF CREDIT MADE AVAIlABLE , (22) THROUGH ~ BARK OP PAUl BEACH COONTY FOR '!HE PURPOSB '23 OF PROVIDING SHORT-TERM FINANCING E,OR VARIOUS DECADE OP 1'24 EXCELLENCE PROJECTS INCLUDING BUT NOT LIMr1'ED TO THE COST 1'(24) OF DESIGN, ENGINEERING AND CONSTRUCTION QP VARIOUS FIRE 1'25 FACILITIES PRQJECl'S: PROVIDING FOR 'DIE "J."J!.il<lIIZ:j AND PAD4EN'l' OP '27 SAID GENBRAL OBLIGATION BOND ANTICIPATION NOTE, SERIES '28 1992A, AND THE RIGHTS, 1U!:MEDIES AND SECURITY OF 'l'HB OIINERS '29 THEREOF; IlAKING CERTAIN COVP.NAN'l'S REIATDIG TO THE ISSUANCE '30 OF SAID GENERAL OBLIGATION BOND ANTICIPATION Nal'E, SERIES '(30) 1992A; AUTHORIZING THE PROPER OFFICERS OP THE CITY TO 00 131 ALL OTHER THINGS QEEMED NECESSARY OR ADVISABLE IN CONNEC- '32 TION WITH THE ISSUANCE OF SAID NOTE; AND PROVIDING FOR AN 133 EFFECTIVE DATE. #(33) . I WHEREAS, on the 21st day of November 1989, a majority o~ #39 the qualified electors ~f the City of Delray Beach, Florida (the #40 "City"), approved the issuance of not exceeding $21,492,000 General #41 Obligation Bonds (Decade of Excellence Program) ~o pay the cost of #42 the acquisition, design, engineering, construction, reconstruction, #(4~, ~quipping and improvement of certain fire, recreational and cultural #43 facilities ~f the City and neighborhood improvements, streets, side- #44 walks, alleys, lands and roadways ( each referred to as a "Pro;ect" l..!!.2 and collective1v as "Decade of Excellence Proiects" or "Projects"). !#(45) ~s more fully described in Resolution No. 77-89, ~dopted by the City #45.1, c01'l\l'l\ission of the City (the "Co1'l\l'l\ission") on October 16, 1989: and # ( 4 5 . 2 ~EREAS, on the 12th day of December 1989, the commission #45.4 adopted Resolution No. 98-89 ithe "Bond Resolution") authorizing the #45.5 issuance, in one or more series, Qf not exceeding $21,492,000 City of #45.6 Delray Beach, Florida, ~neral Obligation Bonds (Decade of Excellence #45.7 Program) ithe "Decade of Excellence Bonds"); and #45.8 J!IIEREAS , on June 12, 1990, the City did issue a portion of #45.10 its Decade of Excellence Bonds in the principal amount of $11,280,000 #45.11 being denominated as its ~eneral Obligation Bonds, Series 1990 #45.12 (Decade of Excellence Program), ~o finance a portion of the costs of #45.13 the projects: and #(45.1 ::1- Res. No. ___-92 #13 94348.31.2788.01:4 #(1:' " ~REAS, although the City intends to issue the remaining :45.15 portion of its Decade of Excellence Bonds in fiscal year 1993-1994, :45.16 it is in immediate need for short-term financing to complete th~ lJ45.1 funding various Decade of Excellence Proiects. includinq but not !#(45. limited to the fundinq of Fire Station Number One ~nd Fire Station !#45.1 Number Five (herein referred to as the "Fire Facilities Project"); #(45.1 and #(45.1 WHEREAS, the Fire Facilities Project is one of the, #45.20 Projects authorized by the Q9nd referendum held on November 21, 1989; #45.21 and #(45.2 ~EREAS, the Bond Resolution authorizes the City, if it #45.23 determines it to be in ~he best financial interest of the City, to #45.24 issue bond anticipation notes in order to temporarily finance the #45.25 cost of the acquisition ~nd construction of the Projects; and #45.26 ~EREAS, the city Commission hereby finds it to be in the #47 best financial interest ~f the City to authorize ~he issuance of not #47.1, exceeding $3,000,000 in aggregate principal amount of a General #49 obligation Bond Anticipation Note, ~eries 1992A (the "Note"), for the #50 purpose of providing short-term financing for various Decade of l!21 Excellence proiects. includinq but not limited to the financinq the !#51.1 Fire Facilities project; and !#(51. ~EREAS, pursuant to that certain Agreement Regarding Line #53 of credit, gated as of September 1, 1992 (the "Line of Credit #54 Agreement"), by and between ~arnett Bank of Palm Beach County (the #55 "Bank"), and the City, ~he Bank has agreed to make available to the #56 City a closed-end line of credit in the aggregate principal amount of #57 not exceeding $3,000,000 {the "Line of Credit"). #58 HOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF #75 THE CITY OF DELRAY BEACH, l.LORIDA, AS FOLIDNS: #76, r ARTICLE I #83 STATUTORY AUTHORITY: FINDINGS AND DEFINrTIONS #(83) SECTION 1.1. AUTHORITY FOR THIS RESOLUTION. This #85 Resolution is adopted pursuant to the provisions of the Charter of #(85) the Qity of De1ray Beach, Florida, as amended and supplemented, the ~86 Florida Constitution, Chapter 166 and Section 215.431, Florida #(86) Statutes, ~s amended and supplemented, and other applicable #87 provisions of law. #(87) =2- Res. No. ___-92 #13 94348.31.2788.01:4 #(13) " SECTION 1.2. FINDINGS. It is hereby ascertained, ~89 determined and declared: #(89) A. That the recitals hereinabove set forth are adopted by #8~ the city. #(8'::7.2 B. That, in light of the need to finance the cost of #91 gesign, engineering and construction of various Decade of Excellence ~ Pro;ects inc1udina but not limited to the Fire Facilities Pro;ect, 11(92) and in light of the ~omplexity and short-tenn nature of this financ- ! 193 ing, the City finds that it is in the best interest of the City to #94 enter into a negotiated sale of the Note to the Bank. #95 Q. That the Note authorized herein shall have a first lien #97 of the proceeds of the Bonds. #(97) D. That the cost of the Decade of Excellence Pro;ects !#109 shall be deemed to include, but not be limited to, the cost of ~on- 1#110 struction and improvements, the cost of real estate, including ease- # ( 110 ) ments ~nd other interests therein, or any other property real or per- #111 sonal, necessary ~herefor; administrative expenses; ~ngineering, #112,1 design and legal expenses; expenses for fiscal agents or financial #114 services; ~xpenses for plans, specifications and surveys; and ~uch !#115, other expenses as may be necessary or incidental to the Decade of !#(l1E Excellence Pro;ects ~nd the issuance of the Note herein authorized. !#117 - I E. That the principal of and interest on the Note shall ~e #119,1 paid solely from the first proceeds of the Bonds. # (121) SECTION 1.3. DEFINITIONS. That all terms defined in the #1~ recitals to this Resolution shall, unless expressly provided other- #12J.1 wise, have such meanings ~hroughout this Resolution. In addition, #123.; the following tenns shall have the following meanings ynless the con- #124 text otherwise clearly requires (provided, however, that any capital- #(124) ized term used herein ~nd not otherwise described shall have the #125 meaning ascribed to such ~erms in the Bond Resolution) : #126 La) "Act" shall mean the Florida constitution, Chapter 166 #128 and section 215.431 of the Florida Statutes, as amended and supple- #(128) mented, ~nd the Charter of the City of Delray Beach, Florida, as #129 amended and ~upplemented, ~nd other applicable provisions of the #130,= law. #(131) (b) "Bank" shall mean Barnett Bank of Palm Beach County, #131 the Noteholder. #(133) Ic) "Bond Counsel" shall mean Mudge Rose Guthrie Alexander #135 & Ferdon. #(135; =.3- Res. No. - -92 #13 94348.31.2788.01:4 #(13) " id) "Bond Resolution" shall mean Resolution No. 98-89 lJ138 adopted by the city Commission on December 12, 1989, ~uthorizing the ~139 issuance of the Decade of Excellence Bonds, as amended and lJ(139) supplemented. #(139) Ie) "Bonds" shall mean the Decade of Excellence Bonds #141 authorized but not yet issued in the aggregate principal amount of #142 not exceeding $10,212,000 ~ursuant to the terms and provisions of the #143 Bond Resolution. #(143) if) "City" shall mean the City of Delray Beach, Florida, a #146 municipal corporation in the County of Palm Beach, ~tate of Florida, #147 and its successors and assigns. #(147) 19) "City Commission" shall mean the duly ~onstituted gov- # 151, : erning body of the city. #(152) ih) "Code" shall mean the Internal Revenue Code of 1986, #154 as amended, the applicable Treasury Regulations promulgated thereun- #155 der ~nd any administrative or judicial interpretations of the same #156 gublished in a form on which the City may rely as a matter of law. #157 Ii) "Interest Rate" shall mean the rate of interest on the #164 Note which, when ~alculated on a [365-day basis], shall be equal to #165 four and seventy hundredths percent (4.70%) ger annum. #166 - I ij) "Maturity Date"" shall mean with respect to the prin- #168 cipa1 of and interest on the Note, December 31. 1993. !#169 ik) "Note" shall mean the not exceeding $3,000,000 aggre- #174 gate principal amount of ~eneral Obligation Bond Anticipation Note, #174. series 1992A, ~uthorized by this Resolution and the Bond Resolution. #175 i1) "Noteholder" or "Owner" or "Holder" or any similar #177 term shall mean any person who shall be the registered owner Qf the #178 Note outstanding under this Resolution. Ihe Bank shall be the ini- #179 tial Noteholder. #(179 1m) "Paying Agent" shall mean the City's Finance #197 Department or, if the City Commission shall so determine by subse- #198 quent proceeding, ~ny bank or trust company and any successor bank or #199 trust company that may be appointed by the City to act as Paying #200 Agent hereunder. #(200 in) "Payment Date" shall mean the Maturity Date Qr any #202, prior date the principal of the Note is optionally prepaid in whole #204 or in part. #(204 ~4- Res. No. ___-92 #13 94348.31.2788.01:4 #(13) " {o) "Registrar" shall mean the City's Finance Department :f225 or, if the City Commission shall so determine by subsequent #226 proceeding, ~ny bank or trust company and any successor bank or trust #227 company that may be appointed by the City to act as Registrar #22. hereunder. # (22~) 1P) "Resolution" shall mean this Resolution as the same #232 may from time to time be amended and ~upplemented in accordance with #233 the terms hereof. #(233) ~ords importing singular number shall include the plural #249 number ~nd vice versa, as the case may be, and words importing per- #250 sons shall include firms and ~orporations. #251 SECTION 1.4. RESOLUTION CONSTITUTES CONTRACT. In consid- #253 eration of the acceptance of the Note authorized to be issued h.ereun- #254 der by those who shall own the same from time to time, this #(254) Resolution ~ha1l be deemed to be and shall constitute g contract #255,2 between the City and the Noteholder and the ~ovenants and agreements #257 herein and therein set forth to be performed by said City shall ~e #258 for the benefit, protection and security of the Noteholder. #(258) ARTICLE II '259 AUTHORIZATION, TERMS, EXECUTION AND '(259) REGISTRATION OF THE NOTE #(259) - I SECTION 2.1. AUTHORIZATION OF THE NOTE. SUbject and pur- #26' suant to the provisions of this Resolution and the Bond ReSOlution, #(2 an obligation Qf the City to be known as "General Obligation Bond #262 Anticipation Note, Series 1992A" is h.ereby authorized to be issued in #263 the erincipal amount of not exceeding Three Million Dollars #264 ($3,000,000) for the purpose of eroviding short-te~ financing for !#265 the costs of various Decade of Excellence Proiects includinq but not !#265. limited to the Fire Facilities Project. !#(26= SECTION 2.2. DESCRIPl'ION OF THE NOTE. The text of the #267 Note shall be substantially in the form attached hereto as Exhibit A #(267) ~ith such omissions, insertions and variations gS may be necessary #268,2 and desirable, gS evidenced by the City'S execution thereof. #270 I,he Note shall be dated the date of the first drawing. Ihe #271,;: Note shall bear interest on the outstandinq principal amount of the #(272) Note from time to time at the Interest Rate eayab1e on the Payment #273,;: Date. With respect to any Payment Date prior to the ~turity Date, #276 interest shall be payable only with respect to that eortion of the #277 outstanding principal amount of the Note that is actually repaid. #(277) The principal of the Note and all accrued and unpaid interest on the #278 =5- Res. No. ___-92 #13 94348.31.2788.01:4 #(13J " Note shall be payable on the Maturity Date. ~he Note shall be issued =279,2 in registered form. #(280) frincipal and interest shall be payable at the Qffice of #281,2 the Paying Agent (the designated corporate trust office of the Paying #(282) Agent if the city's Finance Department is not the Paying Agent). The #283 Note shall be numbered in such manner ~s may be prescribed by the #284 Registrar. #(284) The Note shall be payable, with respect to interest and #285 ~rincipal; in any coin or currency of the ~nited states of America #286,2 which at the time of payment is legal tender for the payment of #288 public and private debts. #(288) The Note shall be subject to prepayment, at the option of #289 the City; in whole or in part, ~t any time without premium or #290 penalty. The Registrar shall provide written notice of prepayment to #291 the Noteholder, ~t least two (2) days prior to the Payment Date. #292 SECTION 2.3. EXECUTION OF THE NOTE. The Note sha 11 be #294 executed in the name of the City Qy the signature of the Mayor of the #295 city and its official seal shall be affixed thereto or imprinted or #296 reproduced thereon and attested by the City Clerk. The signatures of #297,2 the Mayor of the City and City Clerk on the Note may be manual Qr #299 facsimile signatures. In case any one or more of the officers who #(299) shall have signed or sealed the Note shall cease to be such officer #300 of ~he City before the Note so signed and sealpd shall have been-#301 actually sold and delivered, ~uch Note may nevertheless be sold and #302 delivered as herein provided and may be issued as if the person who #303 signed or sealed such Note had not ~eased to hold such office. The #304 Note may be signed and sealed on behalf of the City by such ~erson #305 who at the actual time of the execution of the Note shall hold the #(305) proper office, ~lthough at the date the Note shall be actually deliv- #306 ered such person may not have held such office or may not have been #307 so authorized. #(307) The Note shall bear thereon a certificate of authentica- =308 tion, in the form ~et forth on Exhibit A attached hereto, executed #309 manually by the Registrar (when the City's Finance Department shall #(309) act as Registrar, the certificate of authentication shall be manually #310 executed by the ~ity's Finance Director). Qnly the Note as shall #311,3 bear thereon such certificate of authentication shall be entitled to #313 any right or benefit under this Resolution and no Note shall be yalid #314 or obligatory for any purpose until such certificate of authentica- #(314) tion ~ha11 have been duly executed by the Registrar. The certificate #315 of authentication of the Registrar upon the Note executed on behalf #316 of the City shall be conclusive ~vidence that the Note so #317 authenticated has been duly authenticated and gelivered under this #318 =6- Res. No. ___-92 #13 94348.31.2788.01:4 #(13) " Resolution and that the OWner thereof is entitled to the benefits of ~319 this Resolution. #(319) SECTION 2.4. NEGOTIABILITY, REGISTRATION AND CANCELIATION. # 3 ~ At the option of the registered Owner thereof, but subject to the #(321) prior written approval of the City's Qirector of Finance (which shall #322 not be withheld if the intended transferee Qrovides a suitability #323 letter addressed to the City ~s to the sophistication of the #324 investor), and upon surrender thereof at the office of the Registrar #325 (the designated corporate trust office of the Registrar if the Qity's #326 Finance Department is not the Registrar) with a written instrument of #327 transfer satisfactory to the Registrar duly executed by the regis- #328 tered Owner or his duly authorized attorney, and upon payment by the #(328) ~egistered Owner of any charges which the Registrar may make as pro- #329 vided in this ~ection, the Note may be exchanged for another Note of #330 the same maturity. #(330) The Registrar shall keep books for the registration of the #331 Note and for the ~egistration of transfers of the Note. The Note #332,2 shall be transferable by the Owner thereof in person or by his/her #(333) attorney guly authorized in writing only upon the books of the City #334 kept by the Registrar and only upon surrender thereof together with a #335 written instrument of transfer ~atisfactory to the Registrar duly #336 executed by the Owner or his/her duly authorized ~ttorney. yPon the #337,J transfer of such Note, the City shall issue in the name of the tra~, #(338) feree ~ new Note. #339 The City, the Paying Agent and the Registrar shall deem and #340 treat the person in whose name the Note shall be registered upon the #34 books kept by the Registrar ~s the absolute Owner of such Note, #34 whether such Note shall be overdue or not, for the Qurpose of receiv- #343 ing payment of, or on account of, the principal of and interest on #(343) ~uch Note as the same become due and for all other purposes. All #344 such 2ayments so made to any such Owner or upon his/her order shall #345 be valid and effectual to satisfy and discharge the liability upon #346 such Note to the extent of the sum or sums so paid, ~nd neither the #347 City, the Paying Agent nor the Registrar shall be affected by any #(347) notice to the contrary. #348 In all cases in which the privilege of eXChanging or trans- #349 ferring the Note is exercised, the City shall execute and the #350 Registrar shall authenticate and deliver the Note in accordance with #351 the provisions of this Resolution. The Note ~urrendered in any such #352 exchanges or transfers shall forthwith be delivered to the Registrar #353 and cancelled by the Registrar in the manner provided in this #(353) Section. There shall be no charge for any such exchange or transfer #354 of the Note, but the City or the Registrar may require the payment of #355 a sum sufficient to pay any tax, fee or other governmental charges #356 required to be paid with respect to such exchange or transfer. #(356) =7- Res. No. ___-92 #13 94348.31.2788.01:4 #(13' " The Note paid or redeemed, in whole, either at or before ~357 maturity,-shall be gelivered to the Registrar when the payment or #358 redemption is made, and such Note, ~hall thereupon be promptly =159 cancelled. The Note so cancelled may at any time be destroyed by the #360 Registrar who shall ~xecute a certificate of destruction in dupli- 4361 cate by the signature of one Qf its authorized officers describing #362 the Note, and one ~xecuted certificate shall be filed with the city #363 and the other ~xecuted certificate shall be retained by the #364 Registrar. #(364) SECTION 2.5. THE NOl'E MlJTIIATED, lJm:j".l"l<<JYED, STOlEN OR IDST. #366 In case the Note shall become mutilated, destroyed, stolen or lost, #(366) ~he City may execute and the Registrar shall authenticate and deliver #367 a new Note of like date, maturity and denomination as the Note so #368 mutilated, ~estroyed, stolen or lost: provided that, in the case of #369 any mutilated Note, ~uch mutilated Note shall first be surrendered to #370 the City and, in the case of ~ny lost, stolen or destroyed Note, #371 there shall first be furnished to the City ~d the Registrar (if not #372 the City's Finance Department) evidence of such loss, theft, or #(372) destruction satisfactory to the City and the Registrar, together with #373 indemni ty satisfactory to them. In the event the Note shall be about # 374 to mature or have matured, instead of issuing a duplicate ~ote, the #375,3 City may pay the same without surrender thereof. The City and the #377 Registrar (if not the City's Finance Department) may charge the OWner #(377) of such Note their reasonable fees and ~xpenses in connection wit~ #378 this transaction. Any Note surrendered for ~eplacement shall be can- #379 celled in the same manner as provided in Section 2.4 hereof. #(379) Any such duplicate Note issued pursuant to this Section #380 shall constitute sdditiona1 contractual obligations on the part of #381 the City, whether or not the lost, ~tolen or destroyed Note be at any #382 time found by anyone, and such guplicate Note shall be entitled to #383 equal proportionate benefits and rights ~s to lien on the source and #384 security for payment from the first proceeds of the Bonds,~ith the #385 Note issued hereunder. #(385) SECTION 2.6. CONDITIONS FOR DRAWING UNDER THE LINE OF #387 CREDIT AND ISSUANCE OF THE NOTE. In connection with a drawing under #(387) the Line of Credit (a "Drawing") ~he following conditions will #388 apply: #(388) La) Except in the case of the initial Drawing, written #390 notice of the City's intention to make a Drawing at least two (2) #391 htl~in~s~ days prior to the date ~pecified for such nr~winq (such H192 notice shall ~onfirm that the City is in compliance with the cove- #394 nants set forth in ~ection 3.3 hereof): and #395 ib) Only with respect to the first Drawing, a fully #402 executed Tax Certificate, gated as of the date of such Drawing: and #403 ~8- Res. No. ___-92 #13 94348.31.2788.01:4 #(13) " lc) only with respect to the first Drawing, a copy of a #405 completed and executed rorm 8038-G to be filed with the Internal #406 Revenue Service: and #(4 Id) only with respect to the first Drawing, an Opinion of #408 Bond Counsel, ~atisfactory to the Noteholder, regarding the due #409,4 authorization, execution, delivery, validity and enforceability ~f #411 the Note and the due adoption of this Resolution and the Bond #(411) Resolution (enforceability of such instruments may be subject to #412 standard bankruptcy exceptions and the like) ~nd the exclusion of #413 interest on the Note from gross income for Federal income ~x pur- #414 poses, that the Note is not a specified "private activity bond" #(414) ~ithin the meaning of Section 57(a) (5) of the Code and, therefore, #415 the interest on the Note will not be treated as a preference item for #416,4 purposes of computing the alternative minimum tax imposed-by #(417) ~ection 55 of the Code (however, a portion of the interest on the #418 Note ~wned by corporations may be subject to the Federal alternative #419 minimum tax ~hich is based in part on adjusted current ~arnings): and #420,4 Ie) only with respect to the first Drawing, an Opinion of #423 the City Attorney, ~atisfactory to the Noteholder, ~egarding the due #424,4 authorization, execution, delivery, validity and ~nforceability of #426 the Note and the due adoption of this Resolution and the Bond #(426) Resolution lenforceability may be subject to standard bankruptcy #427 exceptions and the like). . . #428 - SECTION 2.7. GRID NOTATION. With respect to Drawings on #430 the Line of Credit and repayments, in part thereof, the City and the #431 Bank shall make the appropriate notations on the "Grid" attached to #(4 the Note. The Grid shall be severable from the Note. #43", ARTICLE III 1#433 COVENANTS, FUNDS AND APPLICATION THEREOF #(433) SECTION 3. 1. THE NOTE NOT TO BE INDEBl.'EI:IIESS OF THE crry. #435 The Note shall not be and shall not constitute an indebtedness of the #(435) City ~ithin the meaning of any constitutional, statutory, charter or # 436 other limitation ~f indebtedness but shall be payable solely from the #437 first proceeds of the Bonds, ~s provided in this Resolution. No #438 Holder or Holders of the Note issued hereunder shall ever have the #439 right to compel the exercise of the ad valorem taxing power of the #440 City, or taxation in any form of any real property therein to pay the #441 Note or the interest thereon. #(441) SECTION 3.2. NOTE SECURED BY A FIRST LIEN ON THE PROr "10:11:, It) #445 OF THE BONDS. From and after the issuance of the Note, and #(445) continuing until the payment of the Note as to principal and #446 ::.9- Res. No. - -92 #13 94348.31.2788.01:4 #(1'" ,. interest, the ~ity covenants that the Note shall be secured by ~ =447,~ first lien on the first proceeds of the Bonds, and such first pro- =(447. ceeds are pledged as security for the prompt payment Qf principal of =448,4 and interest on said Note. ~(449) SECTION 3.3. COVENANTS OF THE CITY. As long as any of the =451 principal of or interest on the Note shall be outstanding and unpaid, ~(451) or until there shall have been set aside in a fund or account ~reated #451.1 by the City in accordance with Section 3.6 hereof, ~ sum sufficient #452.1 to pay, when due, the entire principal of the Note remaining unpaid, ~(452. ~ogether with interest accrued and to accrue thereon, ~he City cove- #452.2 nants with the Noteholder as follows: #(453) A. Tax Covenants Relating to the Internal Revenue Code of #455 1986, as amended. 1. In order to maintain the exclusion from gross #(455) income for purposes of Federal income taxation of interest on the #(455) Note, the City covenants to comply with each requirement of the #456 Code. In furtherance of the covenant contained in the preceding sen- =457 tence, the Qity agrees to continually comply with the provisions of #458 the ~Tax certificate as to Arbitrage 'and Instructions as to #459 Compliance with the Rrovisions of Section 103(a) of the Internal =460 Revenue Code of 1986, as amended" to ~e executed by the City and #461 delivered Qn the date of issuance and delivery of the Note, ~s such =462,4 certificate may be amended from time to time as a source of guidance #(463) for ~chieving compliance with the Code. _ I #464 12) The City covenants and agrees with the Noteholder that =466 ~he City shall not take any action or omit to take any action, #467 which action or Qmission, if reasonably expected on the date of #468 initial issuance and delivery Qf the Note, would cause the Note #469 to be a "private ~ctivity bond" or "arbitrage bond" within the #470 meaning of ~ections 141(a) and 148(a), respectively, of the #471 Code. # ( 4 7 1 ) 13) The City shall make any and all payments required to =473 be made to the United ~tates Department of the Treasury in con- =474 nection with the Note pursuant ~o Section 148(f) of the Code. #475 14) Notwithstanding any other provision of this Resolution #479 to the contrary, ~s long as necessary in order to maintain the #480 exclusion from gross income for purposes of Federal income taxa- #(480) tion Qf interest on the Note, the covenants contained in this =481 Section ~ha11 survive the payment of the Note and the interest #482 thereon, Jncluding any payment or discharge thereof pursuant to #483 section 3.6 of this Resolution. #(483) ~. other General Obligation Bonds. The city shall not #486 issue any indebtedness of any kind payable from ~d valorem taxes, #487 other than the Bonds, until the Note, both as to principal and #(487) =10- Res. No. ___-92 #13 94348.31.2788.01:4 #(13) " interest, has been paid in full or provisions for such payment has #488 been made in accordance with section 3.6 of this Resolution. #489 Q. Disposition of Proceeds of Bonds. The City covenants #5~ to deposit with the Paying Agent, on or prior to the Maturity Date, #521 the first proceeds of the Bonds in an amount ~ufficient to pay the #522 outstanding principal of and interest on the Note. #(522) SECTION 3.4. REMEDIES OF NOTEHOLDER. Should the City #524 default in its obligation created by this Resolution, the Noteholders #525 may, in addition to any remedy set forth in this Resolution, either #526 at law or in equity, Qy suit, action, mandamus or other proceeding in #527 any court of Qompetent jurisdiction, protect and enforce any and all #528 rights ~nder the laws of the State of Florida, or granted and con- #529 tained in ~his Resolution, and may enforce and compel the performance #530 of all duties ~equired by this Resolution, or by any applicable stat- #531 utes to be performed Qy the City or by any officer thereof. #532 SECTION 3.5. APPLICATION OF NOTE PROCEEDS. The proceeds 1#534 of the Note shall be used to Drovide short-term financinq for the !#(53(' costs of the various Decade of Excellence Pro;ects: includinq but not 1#(53<= limited to the Fire Facilities proiect. !#535 The proceeds of the Note shall be deposited in ~he #542,:: Construction Fund established pursuant to the terms and provisions of #(543) the Bond Resolution ~nd shall applied in accordance with the provl~ #544 sions of the Bond Resolution. - #(544) SECTION 3.6. DISCHARGE AND SATISFACTION OF THE NOTE. The # 5'" covenants, liens and pledges entered into, created or imposed e.ursu- #5., ant to this Resolution may be fully discharged and satisfied with #(547; ~espect to the Note in anyone or more of the following ways: #548 ia) by paying the principal of and interest on the Note #551 when the same ~hal1 become due and payable; or #552 ib) by depositing in such fund or account, as the City may #554 hereafter create and establish by resolution, moneys or #555 U. S. obligations sufficient at the time Qf such deposit to pay the #556 Note and all interest thereon Qn said Note Qn or prior to the #557,' Maturity Date thereof. #(558 =.11- Res. No. - -92 #13 94348.31.2788.01:4 # ( 1:3) " ART I CLE IV # 559 MISCELLANEOUS PROVISIONS ~(559) SECTION 4.1. MODIFICATION OR AMENDMENT. #560 ~o material modification or amendment of this Resolution or #562 of any resolution ~mendatory thereof or supplemental thereto, may be #563,5 made without the consent in writing of the Noteholder: erovided, how- #565 ever, that no modification or amendment shall permit a change in the #566 maturity of such Note or a reduction in the rate of interest #(566) thereon. #(566) This Resolution may be amended, changed, modified and #567 altered without the consent of the Noteho1der, (i) to cure any ambi- #568 guity or ~orrect any provision contained herein which may be defec- #569 tive or inconsistent with any other provisions contained herein, #570 lii) to provide other changes which will not adversely affect the #571 interest of such Noteholder, Qr (iii) to maintain the exclusion of #572,5 interest on the Note from gross income for Federal income tax #574 purposes. # (574) SECTION 4.2. ADDITIONAL AUTHORIZATION. The Mayor, the! #576 City Manager, the Finance Director (or his/her desiqnee) and an~ !#(576 other proper official of the City shall be, and each of them ia !#(57E hereby authorized ~nd directed to execute and geliver any and all !#577, documents and instruments, including but not limited to the Line of #579 Credit Agreement and any amendments thereto, and to do and cause to #(579) be done any and all acts and things necessary or proper for carrying #(579) Qut the transactions contemplated by this Resolution. #580 SECTION 4.3. SEVERABILITY OF INVALID PROVISIONS. If any #582 one or more of the covenants, agreements or provisions Qf this #583 Resolution should be held contrary to any express provision of law Qr #584 contrary to the policy of express law, though not expressly prohibit- #(584) ed, Qr against public policy, or shall for any reason whatsoever be #585 held invalid, then such covenants, agreements or provisions shall be #586 null and void ~nd shall be deemed separate from the remaining cove- #587 nants, agreements or erovisions, and shall in no way affect the #588 validity of any of the other erovisions of this Resolution or of the #589 Note issued hereunder. #(589) SECTION 4.4. PAYING AGENT AND REGISTRAR. The C i t Y , s # 591 Finance Department is hereby appointed to act as faying Agent and #592 Registrar for the Note. #(592) SECTION 4.5. AWARD OF THE NOTE. The City hereby awards #594 the sale of the Note to the Bank, subject to successful completion Qf #595 ~12- Res. No. ___-92 #13 94348.31.2788.01:4 #(13) " negotiations with the City's administrative staff, in accordance with #596 the terms and provisions of this Resolution and the Line of Credit ~(596) Agreement. # (5' , SECTION 4.6. REPEALER. All resolutions and orders, or #598 parts thereof, in conflict herewith are, to the ~xtent of such con- #599 flict, hereby repealed, and this Resolution shall take ~ffect upon #600 its passage in the manner provided by law. #(600) ~assed and adopted in regular session on this ____ day of #608 August, 1992. #(608) #611 Mayor # (611) Attest: #613 #615 City Clerk #(615) The foregoing resolution and the form of Note therein con- #618 tained are hereby approved by me as to form, language and execution #619 this ____ day of August, 1992. _ I _#(619) #62 City Attorney #(6~ I =.13- Res. No. - -92 #13 94348.31.2788.01:4 #(13\ '. ~xhibit A ::627 fORM OF NOTE #629 No. R- #632 - QNITED STATES OF AMERICA #636 ~TATE OF FLORIDA #637 QITY OF DELRAY BEACH, FLORIDA #638 general obligation Bond Anticipation Note #639 ~eries 1992A #640 Interest Maturity Dated #643 Rate Date Date #644 1..70% , 1993 , 1992 #645 - I Registered Owner: Barnett Bank of Palm Beach County #648 frincipal Amount: [As Set Forth on the Grids] #650 KNOW ALL MER BY THESE PRESENTS, that the City of Delray #653 Beach (the "City") in fa1m Beach County, florida, for value received, #654, ( hereby promises to pay from the sources herein mentioned, to the #656 Registered Owner specified above Qr registered assigns on the #657 Maturity Date specified above, ypon the presentation and surrender #658 hereof at the City'S Finance Department or (if so determined Qy the #659 City) the gesignated trust office of the bank or trust company #660 appointed by the City to act as paying agent lsaid City's Finance #661 Department or such bank or trust company and any bank or trust com- #(661 pany becoming successor Q.aying agent being herein called the "Paying #662 Agent"), the E,rincipal Amount, with interest thereon ~t the Interest #663,' Rate specified above, on the Maturity Date in the manner specified in #665 the within described Resolution ~o the registered owner. The #666,' Principal Amount and accrued interest thereon is payable in any coin #(667 Qr currency of the United States of America, which, on the date of #668 payment thereof, ~hall be legal tender for the payment of public and #669 private debts. #(669 A-1 Res. No. - -92 #625 94348.31.2788.01:4 #(625 " Ihis Note is ~uthorized to be issued in a principal amount #670,6 of not exceeding $3,000,000 ~nder the authority of and in full com- #672 pliance with the Constitution ~nd statutes of the state of Florida, #673 including, particularly, Qhapter 166 and Section 215.431, Florida #674 statutes, ~s amended and supplemented, the Charter of the City of #675 Delray Beach, Florida, as amended and supplemented, ~nd other appli- #676 cable provisions of law (the " Act") , and Resolution No. 98-89, duly #(676) adopted Q.y the City on the 12th day of December 1989 (the "Bond #677 Resolution"), and Resolution No. -92. dulY adogted on AUQUSt 25. 1#677. 1992 (the "Note Resolution"). ~s SUch resolutions may be further 1 #678 amended ~nd supplemented from time to time, and is subject to all #679 terms and conditions ~f said resolutions (the Bond Resolution and the #680 Note Resolution ~re sometimes, collectively, referred to as the #680.1 "Resolution"). Any term used in this Note and not otherwise defined, #681 ~hall have the meaning ascribed to such term in the Resolution. #682 It is hereby certified and recited that all acts, condi- #683 tions gnd things required to exist, to happen, and to be performed, #684 Qrecedent to and in the issuance of this Note exist, have happened #685,6 and have been performed in regular and due. form and ~ime as required #687 by the Laws and Constitution of the state ot [lorida and the Charter #688 of the city applicable thereto, and that the issuance of this Note, #(688) is in iull compliance with all constitutional or statutory limita- #689,6 tions Qr provisions. #691 Ihis Note shall not be valid or become obligatory for any #692 purpose Qr be entitled to any security or benefit under the Note-#693 Resolution ynti1 the certificate ot authentication hereon shall have #694 been signed by gn authorized officer of the Registrar. #69~ Ihis Note shall bear interest at ~he Interest Rate. #697,6 Interest shall only be payable on December 31. 1993 .Lthe 1#699, "Maturity Date"), or earlier optional prepayment (each a ~Payment #701 Date") . with respect to an optional prepayment of a portion ~f the #702 outstanding principal of the Note, interest shall only be payable #(702) with respect ~o the principal of the Note repaid. ~e principal of #703,7 and interest on the Note shall be payable solely from the first pro- #(704) ceeds of the Bond. # (704) ~Bonds" shall mean the Decade of Excellence Bonds autho- #711 rized but not yet issued in the aggregate principal amount of not #711.1 exceeding $10,212,000 Qursuant to the terms and provisions of the #711.2 Bond Resolution. #(711- The City may prepay this Note in whole or in part, at any #748 time or irom time to time, without penalty or premium, by paying to #749 the registered holder ~ll or part of the principal amount of this #750 Note, together with the unpaid interest ~ccrued on the amount of #751 A-2 Res. No. - -92 #625 94348.31.2788.01:4 #(62.5) --.. . principal so prepaid to the date of such prepayment. ~ach prepayment #752 shall be made on such date and in such principal amount ~s shall be #753 specified by the City in a written notice delivered to the registered ~(753) owner not less than two (2) days prior thereto. Rotice having been #754 given as aforesaid, the principal amount stated in such notice Qr the #755 whole thereof, as the case may be, shall become due and payable Qn #756 the prepayment date stated in such notice, together with interest #(756) accrued ~nd unpaid to the prepayment date on the principal amount #757 then being paid: ~nd the amount of principal and interest then due #758 and payable shall be paid Ii) in case the entire unpaid balance of #759 the principal of this Note is to be paid, ypon presentation and sur- #760 render of the Note to the office of the Paying Agent (designated cor- #(760) po rate trust office, if the Paying Agent is not the City's Finance #761 Department), ~nd (ii) in case only part of the unpaid balance of #762 principal of this Note is to be paid, upon presentation of such Note #763 at the office of the paying Agent idesignated corporate trust office, #764 if the Paying Agent is not the ~ity's Finance Department) {or nota- #765,7 tion thereon of the amount of principal and interest on the Note then #(766) paid Qr for issuance of a replacement Note in the principal amount #767 not redeemed. If, on the prepayment date, funds for the payment of #768 the principal amount to be 2repaid, together with interest to the #769 prepayment date on such principal ~ount, shall have been provided to #770 the Paying Agent, as above provided, then from and after the prepay- #771 ment date interest on such principal amount Qf this Note shall cease #772 to accrue. If said funds shall not have been so paid Qn the prepay- #773 ment date, the principal amount of the Note shall continue to bear #(773) interest until payment thereof at the rate or rates provided fo~ #774 herein. #(774) The Note shall not be and shall not constitute an indebted- #775 ness of the City ~ithin the meaning of any constitutional, statutory, #776 charter or other limitations of indebtedness but shall be payable #777 solely from the first proceeds of the Bonds ~s provided in the #778 Resolution. No Holder of this Note ~hall ever have the right to #779 compel the exercise Qf ad valorem taxing power of the City, or taxa- #780 tion in any form of any real 2roperty therein to pay the Note or the #781 interest thereon. #(781) A-3 Res. No. ~ -92 #625 94348.31.2788.01:4 #(625) " IN WITNESS WHEREOF, the City of Oelray Beach, Florida, bas #784,7 caused this Note to be signed by its Mayor, ~ither manually or with #7P his facsimile signature, and the seal of tPe City Commission of the #7e City of Delray Beach, Florida, to be affixed hereto or imprinted or #788 reproduced hereon, ~nd attested by the Clerk of the City, ~ither man- #789,7 ually or with her facsimile signature, and this Note to be dated the #791 Dated Date set forth above. # (791) iSEAL) CITY OF DELRAY BEACH, FIDRI:~ #794 ATTEST: By: #796 Mayor #797 #798 Qlerk of the City of Delray #799 Beach, Florida # (799) . - A-4 Res. No. - -92 #625 94348.31.2788.01:4 # ( 6 ?C; ) '" . f.ORM OF CERTIFICATE OF AUTHENTICATION #802 Qate of Authentication: #805 ~his Note is the Note delivered pursuant to the ~ithin men- #808,8 tioned Resolution. #(809) , #812 as Registrar #(812) ~: #814 Authorized Officer #(814) ~ I A-5 Res. No. ___-92 #625 94348.31.2788.01:4 # (625) .. ASSIGNMENT #817 rOR VALUE RECEIVED the undersigned sells, assigns and #820 transfers unto #(820) #822 !please print or typewrite name, address and tax identification #823 number of assignee) #(823) #825 the within Note and all rights thereunder, and hereby irrevocably #827 Qonstitutes and appoints #828 #830 Attorney to transfer the within Note on the books kept for registra- #832 tion ~hereof, with full power of substitution in the premises. #833 ~ I Qated: #8: ~ignature Guaranteed: In the presence of: #838 #840 H,OTICE: The signature to this #841 assignment must correspond # (841) with the name as ~ritten upon #842 the face of the within Note #(842) in every particular, without #(842) ~lteration or enlargement, or #843 any change whatever. #(843) A-6 Res. No. _-92 #625 94348.31.2788.01:4 #(6~) -- _._- -" --- - ------ ~- --_.._--- " . QRAW-OOWN GRID #846 LOutstanding Principal Amount not to Exceed $3,000,000] #848 frincipal #851 Amount Initials #852 Amount of Note of #853 Qf outstanding Noteholder #854 Date Draw After Draw and City #855,8 -- , . A-7 Res. No. _-92 #625 94348.31.2788.01:4 #(625) " REPAYMENT GRID #861 loutstanding Principal Amount not to Exceed $3,000,000] #862 f,rincipal #865 Amount #866 Q.f Note Initials #867 Amount Outstanding of #868 Q.f after Noteholder #869 Date Repayment Repayment and city #870,8 - _ I A-a Res. No. ___-92 #625 94348.31.2788.01:4 #(6]~' -,.-.-" .- .- - ---- " . Q.,TATE OF FLORIDA ) #876 QOUNTY OF PALM BEACH . ) #878 I, Alison MacGregor Harty, do hereby certify that I am the #881 duly qualified City Qlerk of the City of Delray Beach, Palm Beach #882 County, Florida. '(882) I further certify that the above and foregoing constitutes 1884 a true and correct ~opy of the minutes of a meeting of the City 1885 Commission of said city held on August __, 1992, and of a resolution #886 adopted at said meeting, as said minutes and ~esolution are offi- #887 cial1y of record in my possession. 1(887) IN WITNESS WHEREOF, I have hereunto subscribed my official #889 signature ~nd impressed hereon the official seal of the City of 1890 Delray Beach this ____ day of August, 1992. 1890.1 #893 City Clerk #(893) iSEAL) - I 1895 - Res. No. _-92 #874 94348.31.2788.01:4 #(874; .---. -- - - .---.-- - ------..- ____. n____ __._ " . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i Cff - MEETING OF AUGUST 25. 1992 WATER AND SEWER RATE MODEL DATE: August 21, 1992 This item is before you to consider a proposed increase in the water and sewer service rates. At the August 25th regular meeting, the Finance Director will distribute a water/sewer rate model to the Commission for discussion. ~= o ptPrn f3 ,. " Agf:o;,da ~tem No, AGENDA REQUEST ja t e 08-20-92 Request to be placed on: ' X Regular Agenda __ Speclal Agenda ;';orKshop Agenda When: 08-25-92 Description of agenda ltem (who, what, where, how much)' Joseph Safford, Finance Director, will be distributing a water/sewer rate model for discussion. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: , Department Head Signature: Determination of Consistency w Comprehensive N/A ~, . City Attorney Reviewj Recommendation (if applicable): N/A Budget Director Review (required on all iteas involving expenditure of funds): N/A Funding available: YESj NO Funding alternatives: (If applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Untll: Agenda Coordlnator Revlew: Received: Action: Approved/Disapproved ~ '. , - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q. c; - MEETING OF AUGUST 25. 1992 DESIGNATION AS CITYWIDE FACILITY/AUTHORIZATION TO TRANSFER FUNDS DATE: August 21, 1992 This item is before you to designate the Tennis Stadium and Facilities as a Citywide facility in order to pull funds from all Impact Fee Zones and to authorize the transfer of funds from those accounts. Funding is proposed to be transferred as follows: -$ 100,000 from the City Marina Fund - Fund Balance -$ 150,000 from the Recreational Impact Fee Fund - Fund Balance -$ 250,000 from the Capital Improvement Fund - Fund Balance -$1,850,000 from institutional or bank financing The $100,000 from the Marina Fund is in repayment of money previously advanced to the Marina Fund from the General Fund. Budget transfers, which show the flow of funds, are attached as backup material for this item. Recommend designation of the Tennis Stadium and Facilities as a Citywide facility and authorize the transfer of funds as indicated above. " .. ~ MEMORANDUM TO: David T. Harden City Manager FROM: Joseph ~~ Director" SUBJECT: Tennis Stadium Project Financing DATE: August 21, 1992 We are recommending the following sources of funding be approved for the Tennis Stadium project as was originally presented in the proposed Capital Improvement Program Budget for Fiscal Years 1993-1997: l. $100,000 from the City Marina Fund fund balance 2. $150,000 from the Recreational Impact Fee Fund fund balance 3. $250,000 from the Capital Improvement Fund fund balance 4. $1,850,000 in the form of institutional or bank financing All of the above sources of financing are available with the exception of the institutional or bank financing. We are currently in the process of obtaining financing for the $1,850,000. JMS/rso/sam cc: Rebecca S. O'Connor, Treasurer " .. . City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date August 21, 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Budget (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 426-0000-301-42-00 City Marina - Surplus 100,000 426-9111-581-90-29 Transfer to Gen.Constr.Fd 100,000 334-0000-381-61-00 Transfer from City Marina 100,000 334-4145-572-63-41 Tennis Stadium 100,000 334-0000-384-34-00 Debt Proceeds - '92 Note 1,850,000 334-4145-572-63-41 Tennis Stadium 1,850,000 . - (10) TOTAL 2,050,000 2,050,000 JUSTIFICATION: To record Budget transfers relative to the financing of the tennis staClium/facilltles proJect. Department Head Asst City Manager Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count nRI~INAI _plln~~ r.ANAQV_C:1I C PINK-DEPARTMENT " - City of Delray Beach Departmental Budget Transfer (1) Departmental Una Transfer (2) Date August 21, 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Oudgct (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 334-0000-383-02-00 Transfer in - Rec Impact Fd 150,000 334-4145-572-63-41 Tennis Stadium 150,000 334-0000-301-34-00 Gen. Constr. Fd-Surplus 250,000 334-4145-572-63-41 Tennis Stadium 250,000 - (10) TOTAL Ann nnn Ann nnn JUSTIFICATION: To record transfers relative to the financino of the tennis stadium/facilities project. Department Head - .. Asst City Manager Budget Officer City Manager -- (11) Budget Revision Date (12) Control Number (13) Period (14) Count. ORIGINAL-BUDGET CANARY -FILE PINK-DEPARTMENT -----, --.---. -. .-. -_..-~. - - - - - . , f' . "._-.. - -----~- ~ - - .----- ---_.- -_.... --... - _. - _.- - - " " - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM i Lt. t1,- MEETING OF AUGUST 25. 1992 AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT PROJECT DATE: August 21, 1992 This item is before you to authorize Coastal Planning Engineering, Inc. (CPE) to proceed with construction phase engineering services at a cost of $48,277 in conjunction with the Beach Nourishment Project. Additionally, CPE is asking that compensation for preliminary and final engineering tasks remain as previously authorized; and that the compensation for the bidding and negotiation phase be reauthorized at the lower figure of $10,000. These proposed changes represent a net savings to the City of $13,287 and are a result of the award of the construction contract. CPE's fees were based on project estimates. When the construction bid came in significantly lower than that estimated, CPE's fees required modification. In order to provide equitable compensation for services rendered, the above changes were recommended. A detailed staff report is attached as backup material for this item. Recommend Coastal Planning Engineering be authorized to proceed with construction phase engineering services at a cost of $48,277; that compensation for preliminary and final engineering tasks remain as previously authorized; and that the compensation for the bidding and negotiation phase be reauthorized at the lower figure of $10,000. .. .. ill, . , o~ ~ CITY COMMISSION DOCUMENTATION TO: ~D : HARDEN, CITY MANGER THRU: I~~TOR DEPARTMENT OF PLANNING AND ZONING ~ FROM: JOHN WALKER, PROJECT COORDINATO~ ~ SUBJECT: MEETING OF AUGUST 25, 1992 AUTHORIZATION TO PROCEED, BEACH NOURISHMENT, CONSTRUCTION PHASE ENGINEERING; CHANGE ORDER, BIDDING AND NEGOTIATION PHASE ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of an authorization to proceed with the construction phase engineering, and a change order to the bidding and negotiation phase, both for the Beach Nourishment Project. BACKGROUND: Coastal Planning & Engineering, Inc. (ePE) has asked for a reinterpretation of their contract for the Beach Nourishment Project. Their fees are based on a percentage of the construction contract. Task prices and authorizations are made based on estimated costs during the design phase. Prices are then adjusted to final amounts once a construction contract is awarded. Accordingly, authorizations for preliminary and final engineering and bidding & negotiation were approved based on a construction cost of $5,463,000. These approved costs were: Preliminary Design (wi study & report) $204,696 Final Design $ 71,565 Bidding & Negotiation $ 17,890 Using this method, Construction Phase Engineering would be priced at $ 53,674, for a total engineering cost of $347,825 (6.55% of $5,463,000). I. . City Commission Documentation Beach Nourishnment, Construction Phase Engineering Page 2 Bids for the project came in much lower than expected. A contract has been awarded for $3,823,220. Based on the computations stated in the contract, the total engineering fee would be $280,242 (7.33% of $3,823,220). CPE states that using the contract computation for work already completed would have an adverse impact on them since the level of work is unchanged. CPE is asking that: Compensation for Preliminary and Final Engineering tasks remain as previously authorized, Compensation for Bidding & Negotiation be reauthorized at a lower figure ($10,000), Compensation for Construction Phase Engineering be authorized based on time to complete the work ($48,277). This request by CPE seems to be a reasonable compromise. The changes represent a net savings of $13,287. The City will still receive the services without impact on City funds; CPE will not be adversely affected by bid prices that were unusually low. RECOMMENDED ACTION: By motion, authorize and direct the City Manager to authorize Coastal Planning & Engineering, Inc. to proceed with the Construction Phase Engineering for the Beach Nourishment Project in an amount not to exceed $48,277.; and approve a change order in the amount of ($7,890) to the Bidding and Negotiation Phase of engineering for the Beach Nourishment Project, for a revised cost not to exceed $10,000., as requested in their attached correspondence. Attachment: * Letter from CPE T:SUPER1.DOC . . COASTAL & OCEAN ENGINEERING COASTAL SURVEYS COASTAL PLANNING & ENGINEERING. INC. BIOLOGICAL STUOIES GEOTECHNICAL SERVICES BOCA RATON: 2481 N,W, BOCA RATON 80ULEVARO. 80CA RATON. FL 33431 (407)391-8102 TELEFAX (407J 391-91 16 SARASOTA: 1605 MAIN STREET. SUITE 800. SARASOTA, FL 34236 (813)365-5957 TELEFAX (813) 954-6036 JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E. ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX (904)264-5039 4818.67 ~1ECClEa~1EJD) August 4. 1992 Mr. John Walker AUG 6 199? Project Coordinator PLANNING & ZONING City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 . - Re: Engineering Services for the Bidding and Construction Phase Dear John: This is a follow-up to our recent conversation regarding the engineering fees for the beach nourishment project. We request the City's final approval for services and fees through the final design. We are also including a revised fee proposal for the anticipated services through- construction. All engineering services are covered by present funding agreements with the State, Palm Beach County and the Corps of Engineers. I. Basic Engineering Services We request the City's approval for the engineering fees previously approved by City Commission for work completed. This is summarized as follows: Study and Report Phase and Preliminary Design (100%) $204,696 Final Design (100%) 71,565 We propose the following for the bidding and negotiation phase and the construction phase of the work: Bidding and Negotiation $10,000 Construction Phase Engineering $48,277 These costs are based on time estimated to complete the work at the rates provided for in our contract. The bidding and negotiation proposal would supersede the previously approved proposal. " , .' . , ., Mr. John Walker August 4, 1992 Page 2 ll. Pre- and Post-Construction Surveys These surveys are required to compute the volume of sand placed by the contractor. We will perform the surveys on DNR lines R-175 through R-190 as well as intermediate lines between R-180 and R-188A. We will relocate existing monumentation or re-set monuments as required. Surveys will extend from the back of the dune to approximately 30 feet of water to be suitable for future comparison in monitoring surveys. We will update fill volumes needed for construction and compute pay volumes. The cost for these surveys will be $30,600. Please approve these services. If your have any questions, please call me. Very truly yours, COASTAL PLANNING & ENGINEERING, INC. F~ Kim E. Beachler, P.E. Vice President cc: T. Campbell B. Gilbert dbO 1: Walker. 730 COASTAL PLANNING & ENGINEERING. INC, . BOCA RATON. SARASOTA' .JACKSONVILLE " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ1t1 SUBJECT: AGENDA ITEM i g.T - MEETING OF AUGUST 25. 1992 REJECTION OF BID AND AUTHORIZE PROJECT RE-BID DATE: August 21, 1992 This item is before you to reject the bid received for the 18HP Hydraulic Unit with Hydra-Stop side tap adaptor kit and accessories. This unit is used to stop distribution lines so that spot repairs can be done without disrupting the flow. One bid was received for this item. Staff believes that the specifications for this item were too restrictive and therefore, is requesting authorization to re-bid the project following modification of the specifications. Additionally, staff believes that the bid received for this equipment was high. Recommend rejection of the bid submitted by Hydraulic Supply Company and authorize staff to re-bid the unit. ~ $-0 .. ,. . Agenda Item No. I AGENDA REQUEST Date I Auqust 21. 1992 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: August 25, 1992 Description of item (who, what, where, how much) I Staff requests City Commission to reject Bid No. 92-65 for 18HP Hydraulic Unit with Hydra-Stop side tap adaptor kit and accessories. We only received one bid and we feel we can improve the orice bv re-biddina. ~~~ ~~~. ORDINANCE/RESOLUTION REQUIREDI YES/NO r Recommendation: Staff recommends City Commi5~.~.. -- '-r- r Department Head Signature:~~~'_~~ {""A Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget D~rector Review (required ~ll items involving expenditure of funds)1 Funding available: "(FC!jne- Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: @/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " FF I 14 <=iE ID' IiELRA\' Etll). ~::EF'I) I CE'3 TEL ~10: 407-243-7060 t:l5'3E, F'02 . . - -2 ~ - ~ 132 "~ '.": "_ _I ... ". . . MEMORANDUM: TO: Cheryl LevQl:"ett:. Agenda Coordinator FROM: George Abou-Jaoude r; fi . , . Deputy Director of Publ~c utllittes SUBJECT: RE-BID HYDRAULIC UNIT DATE: August 21, 1992 The reason for re-bidding is that the bid was too re~. . by revising the SCope, we feel we can receive ~etter f~ct~v~'. sUl. ts. File: Memos to City Clerk's Office .. . . M E M 0 RAN DUM TO: George Abou-Jaoude, Deputy Di r. of Public utilities FROM: Jackie Rooney, Bid Specialist DATE: August 17, 1992 SUBJECT: Bid #92-65 18 HP Hydraulic Unit With Hydra-Stop Side Tap Adaptor Kit and Accessories Attached is "Tabulation of Bids " and copies of all original bids , submitted by vendor(s) for the above referenced subject. "Invitations To Bid" were mailed to 15 vendors on 07/22/92. The bid was advertised in the Palm Beach Post on 07/25/92. The bid package was picked up by 4 vendor(s) after mailing of invitations and, posting of advertisement. . Please review the tab sheet(s). and forward to Purchasing your award recommendations. Thank You. Attachments: Tabulation of Bids Copies of Original Bids Received cc: Ted Glas. Purchasing Officer " .. - --- .-.----.---. 0 ~ 0 3: 0 ]) 0 D ITI D I-" -I C 3: :0 r ~ -< G) 3: :0 H ITI C ITI D < (I) . Z Z ITI D -I -I -I :0 Z DD~I-" 0 (/) -< -< 0 ZOHcn ITI ~ "- OD-I (I) :. ITI -I 3: "U::!:::t () - X H 0 -1-1 "U ;0 0 3: 0 ;OO::!: H ~ ITI rrl rrl ]);o-<::t 1) 'I) "U r H 0-< -I ..() -I Z:;o::;oO H tV H Z HH]);o 0 0 0 Z-II]) Z Z G)- (/)C (I) -Ir :DOH 0"0(") 0 rrl(/)C (/)HZ (/)OH Orrl-l ;0 H-I rrl1> (/)"U noo"O:c ~~- o 11 N ;I::I:cn ~ n:I: 0'"""11.... ::s ~ 11 " _ 0'< " N ~~ I ::rt"ol-' ~'< '< ~o ~ ~~ \l) 0"1:1"01-' o 11 " " ~ " 11 ::s . "0 11 "O~I1"" ::r 11 .... ~ I-'~I-' V1 ~ ~ I-' ::S" '< "0 " "0,< o " CX> ::s c a a OQ >< ~oo " rn -"'< w '<I-" ~ " " 11 C 0 WO . .... co tJlSM" Q> " I-' o Q> o "0 :I: V1 0 ~ go 0 ::s I P'I rn '"" '"" 0 "1:1 \l) ~ ::!: III " ~ 0 . " ~ - () 11 " C " CX> "0 "U ::rrn o ::s \l) 11 W "0 -I "0 t"o 0 0 I-' D::t M .l>- '< "0-< 'h - - -- 0 I I I I I I I I I I I ... 1>;0 ;l:cnHcn:C>~tJI"I:I~cn"l:lO~~tJI~ 01> 0 '2: 1>C -11-4 C::s"llln....l-'~o< III III >1 1-4 III "Or 1>-1 ~"O~Cl-'s"OoMgon~rn::s~~n 0 "OCllll-'lll"OC -go. 0111::Scn" -11-4 co-< ;1:1-'01-'''0 ""rn.... :I:OP'l" t"o tJI 00 C ...."I-'O"l:lP'lP'l "1-4 -III CII '""< H ;0 coro rzl"P'I....t:: "1:1 ::S:I:C11I-'. P'I" ~ C1-41>." ~rJl"":I:::sS~Hcnn,< O~ ~ZO-l' t:: IllIllM"O ::lao. ~ :I: 1-4 a ... .... I-' P'I III III n () "0. ... l ::s .. '2: 1-41-4 1-40 "0 ~ O. III n 0 -I-I_OITI a -=~. ~1-4 t:: ~. "ozr "Ill ::l I-'c ! :D~tV ;0 ;; ~ ~ ~ ~ Z1-4101> n 0-10\"'-< ::!:UI - 1> coco ():J: Hrrl 0-< 01> ITIO (/)0 . (/) ;0 :J: (/)1> 0 I ;O(/) 1-4-1 ITIO (/)"U (/) H 0 rrl - " '" -, -2~ -' 92 FR I 14: 56 I D: DELRR\' EHI). ':EF~I.) I CES TEL HI]: 407-243-7060 t:t5% F'02 . - ~ . MEMORANDUM TO: Cheryl Leverett Agenda Coordinator FROM: George Abou-3aoude c.f' Deputy Director of Public utilities SUBJECT: RE-BID HYDRAULIC UNIT DATE: August 21, 1992 The reason for re-bidding is that the bid was too restrictive and by revising the scope, we feel we can receive better results. File: Memos to City Clerk's Office . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # q .:r - MEETING OF AUGUST 25. 1992 AMENDMENT NO. 7A TO SERVICE AUTHORIZATION NO. 7/HAZEN AND SAWYER DATE: August 21, 1992 This item is before you to approve an amendment in the amount of $26,310 to Service Authorization No. 7 to the contract with Hazen and Sawyer, P.C. for consulting engineering services to prepare specifications, contract drawings, permit applications, bidding, negotiation and construction services for roadway improvements for the Silver Terrace project. The proposed improvements for this area include pavement, storm drainage, curbing and sidewalks. The estimated construction cost is $328,864. Recommend approval of Amendment No. 7A in the amount of $26,310 with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). ~W/tm~ $-0 . . . AUG 20 '92 14:21 FROM HHZEN SHWYER-BOCH PHGE.002 It, ~ CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 7A FOR CONSULTING SERVICES CITY P.O. NO. 507021 CITY EXPENSE CODE: 447~5175-536-33.11 PROJECT NO. 92-08 (CITY) (HAZEN AND SAWYER, P.C.) TITLE: Amendment to Service Authorization No.7. Provision of Water and/or Sewer Services to the former Enclave areas - Gulf Stream Estates. Seacrest Subdivision. SUDAN - Unit A. Silver Terrace. Homewood Park. Lake HeiQhts. Del Raton Park This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract. TITLE: Agreement for engineering services for sanitary engineering services. I. PROJECT DESCRIPTION 1'17ttd 1.4)4'1 i ~~ ....6ve...e Mts This Service Authorization represents the provision of &..1&'1 VJTater &lrill lilge faoilitl.. for the Silver Terrace project area. The scope of this Service Authorization is, but not limited to: preparation of specifications, contract drawings, permit applications, cost opinion, assistance in bidding and services during construction for above certified improvements. II. SCOPE OF SERVICES Phase I - StudY and ReDort - Not ApDlicable Phase n . Preliminary Deslan Phase - Not ADDllcable Phase III . FInal DesIGn Phase "PAdwA. " l~prfoDtle.Wl e~s CONSULTANT shall provide final design phase services for the design of SwAB" .. t.r finI.. ~.. f!._:nUn in accordance wtth Article IIl.e of the Contract. Phase IV . Permlttlna CONSULTANT shaJl provide Perm\ttlng Phase Services in accordance with Article 11.0 of the Contract. Psg.laf3 PROSC068.BGA:08-20-92 . AUG 20 '92 14:21 FROM HAZEN SAWYER-BOCA PAGE.003 . . Phase V . Construction Phase CONSULTANT shall provide Construction Phase services in accordance with Article III.E of the Contract. .' III. :nME OF PERFORMANCE Plans, specifications and bidding documents shall be completed and delivered to the City for permitting and bidding purposes within eo days of Notice to Proceed. IV. 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 Bxceed cost for each phase. Total Design Phase Services $18,420 Pennitting Services $2,630 Construction Phase Services $3,000 - TOTAL $26,310 .. . . .. . ~ psge 2 of 3 PROSC068.BCA:08-20-92 . RUG 20 '92 14:22 FROM HRZEN SRWYER-EOCR FRGE.J04 . APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRA Y BEACH - DAY OF By Gary W. Bors, P.E. Vice President CITY OF DELRAYBEACH. a municipal corporation of the State of Florida ATTEST: By: BEFORE ME, the foregoing instrument, this 20th day of August 1992, was acknowledged by Gary W. Bors, Vice ATIeST: President on behalf of the Corporation and said person executed the same free and By: voluntarily for the purpose therein expressed. City Clerk APPROVED AS TO FORM: By: WITNESS my hand and seal in the County and City Attomey State aforesaid this day of . 1992. Notary Public State of Florida My Commission Expires: (Seal) Page 3 of 3 PROSC088.8CA:08-20-92 ** TnTRL PRGE,n04 ** . ' , RUG 20 '92 13:26 FROM HAZEN SAWYER-BOCA PyG:: . ~1(1S , . CITY OF DELRA Y BEACH DRAINAGE AND PAVING MIa"" eo~lrct . gq"l'l ,,,-. Cost &s1i'1VtQ:T~ Moblnzatlon . $5.000 Ttaffic .M8iI'lt8nance . $10,000 R~ 24' wide x ,2100 LF. . 5600 S.Y. Base, - $8.00 per s. Y. Subgrade . $5.50 per S. Y. Asphalt - ~ per S.Y. '17.75 per S.Y. Total 5600 S.Y. x $17.75/S.Y. . $99.400 ~ . . ' . , . , .- ,. - 28' wide x 2100 LF. . &534 S.Y. Grading . $2.25 per S.Y. Sod - J.1.Q.Q Qlr S.Y. $3.25 per S.Y. Total 8534 S.Y. x $3.251S.Y. . $21.238 SldswaIk ~ wide x 4200 LF. - 2333.333 S.Y. 2333 S.Y. x $10.00IS.Y. . $23,333 . 1'_, ".l l,..- '_' -' ~ ~ '-' . '""- - - . ' . , , ~ 1990 L.F.. 18. ExfUtration @ $4O.00ILF. . $79,800 15. Type .C. Inlets @ $1,200.00IEa. . 118.000 $97,600 ~ 4200 LF. Curbing <I $7.OOILF. . $29,400 TOTAl . $285.. 15% Contingency - $42,895 TOTAL WITH CONTINGENCY . $328,884 Engineering (8%) . $28,310 GRAND TOTAL - $3!55,174 - - ** TOTAL PAGE.007 ** . ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER871 SUBJECT: AGENDA ITEM i q ,K '- MEETING OF AUGUST 25. 1992 AWARD OF PROJECT/JOHNSON AND DAVIS. INC. DATE: August 21, 1992 This item is before you to authorize the award of project for the installation of sanitary sewer line on Lake Drive and N.W. 13th Street, in the amount of $22,734, to Johnson and Davis, Inc. Johnson and Davis, Inc. is currently installing water mains in this area to improve fire flow and pressure. As this is a relatively small project, and as Johnson and Davis is currently working in the area, staff recommends award of this project to them. Funding is available in 1991 Water and Sewer Revenue Bond Issue - Sanitary Sewer Phase I (Account No. 447-5167-536-60.31). Recommend approval of award of the project for the installation of sanitary sewer line on Lake Drive and N.W. 13th Street to Johnson and Davis, Inc. in the amount of $22,734 with funding from 1991 Water and Sewer Revenue Bond Issue - Sanitary Sewer Phase I (Account No. 447-5167-536-60.31). '0 ... . / , / J - D I JOHNSON.DAVIS INC. ! 1 HEAVY CONSTRUCTION ~~ UNOEFlGFlOUND lITILITlES 1 604 H'USRATH DRIVE LANTANA. F1.0RIOA 33482 .cor 058801170 ! i August 20, 1992 , ~ Mr. George Abou-Jaoude City of Delray Beach ,Environmental Services 434 S. Swinton Avenue Delray Beach, Florida 33444 RE: SANITARY SEWER EXT. - LAKE DRIVE & N. W . 13TH STREET Dear Mr. Abou-Jaoude: We respectfully submit the following proposal for your consideratjon The quotation was prepared from survey by Richard L. Shepa.rd &: Associates, Inc.. Connect To Exist. ME' 1 @ 675.00 675.00 Manholes 9'l @ 1100.00 3,300.00 8n Polylined DIP 445' @ 22.00 9,790.00 6" POlylined DIP Laterals 3 @ 700.00 2,100.00 6n Compacted Limerock Base 765 SY @ 8.00 6,120.00 1" S-3 Asphaltic Concrete 670 SY @ 4.40 2,948.00 Density Testing LS 250.00 Maintenance Of Traffic LS 350.00 25,533.00 Credit For driveway Base & Asphalt (Watermain Bid) (2,799.00) TOTAL $ ,22,734.00 If ~ DIP to be used please add + S 2,200.00 EXCLOSIONS & SPEC1AL PROVISIONS - cost of air te~ting and television inspection is excluded - sanitary lateral hook up by others - density testing by Johnson-Davis Inc. ..../\ - City of Delray Beach to provide utility easement for sanitary be of any assistance, please contact our office. Si eer y~~ C ~t L ~ ohnson President' SJJ/pmc ...' ,.."...'._"",......,'.,..~.....,~."""..."."'.".,....'"..,,...._""__.,.~"""~..',.."..':.""".'",.."'... "",.",c. ,.,'.0'>,_'" ",..'~" ',"".'" ,"'."."'-- // --~" M.ON .., "<;1. SNEf>H"'RD . f>. "'2 -' I ". 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'?1 SUBJECT: AGENDA ITEM # loA - MEETING OF AUGUST 25. 1992 DETERMINATION OF SUBSTANTIAL DEVIATION/WATERFORD DRI DATE: August 21, 1992 At the June 23rd regular meeting the Commission by a 3-2 vote made a determination that the proposed change from Hotel to Retail use with a concurrent decrease in the Industrial/Commerce/Office use within the Waterford (Delint) DRI constituted a substantial deviation. Subsequently, at the August 4th special/workshop meeting the Commission by a 3 to 2 vote rescinded the action taken on June 23rd wi th regard to the determination of substantial deviation for the Waterford D.R.I. Therefore, this item is before you for the purpose of conducting a public hearing to determine whether the addition of Builder's Square to the Delint/Waterford DRI and deletion of certain other land uses constitutes a substantial deviation from the approved Development of Regional Impact (DRI). The original project included three uses: a large core office park flanked by a hotel and residential development. It was conceived as a large employment center. The approved residential units have been completed; however, neither the office nor hotel development have been pursued in the seven years since the DRI was approved. The revised petition reduces the amount of office research space; provides for a traffic connection between the retail building and Lindell Boulevard; and provides a landscape buffer along the northern boundary of the DRI. The proposed changes involve elimination of the hotel; reduction of the office/research land use from 811,736 square feet to 459,455 square feet; and, the addition of a single tenant 107,400 square foot retail use (Builder's Square). The Planning and Zoning Director, pursuant to delegated authority, has determined that the proposed changes are presumed to constitute a substantial deviation, and as such, are subject to further development of regional impact review. The Planning and Zoning Board at their June 15th meeting recommended (3-2 vote) that the Commission determine that the proposed changes constitute a substantial deviation. Additionally, we have received a letter from a local business owner who is in favor of the addition of the retail use, contingent upon the reconstruction of S. W. 10th Street. That letter is attached as backup material for this item. Recommend consideration of the Determination of Substantial Deviation for the Waterford D.R.I. . . . { 1./1 {A. I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~j 1J~0~ FROM: 10 J. KOVACS, DIREC DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 25, 1992 SUBSTANTIAL DEVIATION - WATERFORD DRI ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of makinq a determination as to whether or not proposed chanqes to the Waterford DRI constitute a "substantial deviation". The item involves a change from "Hotel" use to "Retail" use with a concurrent decrease in "Industrial/Commerce/Office" use within the Waterford (DELINT) DR!. It is located south of the Delray Crossing (Target, Circuit City, et al) Shopping Complex. BACKGROUND: The merits of this item have been sufficiently described to the Commission through prior documentation. By a 3-2 vote a determination of "substantial deviation" was previously made; but, that action was subsequently rescinded. Thus, the question is again before the Commission. Please refer to the previous documentation for the project description and other relative information. ADDITIONAL INFORMATION: The decision regarding "substantial deviation" affects the review process, the type and depth of information to be provided by the applicant, and the basis upon which the final action of the associated "development order" can be made. If a determination of "substantial deviation" is made, the type and depth of information to be provided will result from meetings among the TCRPC, the City, and the applicant. If such a determination is not made, the type and depth of information will be determined through the application of the SAD modification regulations. . . . city Commission Documentation Substantial Deviation - Water ford DR1 Page 2 Since the regulations will be applied by the Director of Planning and since there has been some conflict between the applicant and the Director relative to the review process and nature of submission materials, it is requested that the City Commission provide guidance on this matter. The following is a listing of submission requirements: 1. Re: Amendment to the Future Land Use Map: By previous discussions, it was agreed that such an amendment would not be required since the deviation which will occur can be interpreted as an adjustment of existing boundaries (Commercial and Commerce). 2. Basic Requirements for the Rezoning Petition: The zoning is SAD and the change must be accommodated through the formal rezoning process. Salient aspects of this petition would include: A. List of property owners within 500' of the perimeter of the entire SAD which includes that portion which has been developed as Waterford Apartments. The petitioner will also be required to provide mailing labels. B. All site data will refer to the entire SAD and site plan exhibits will include the entire SAD, at least to the extent of showing existing infrastructure and structures. The use of all land areas within the SAD shall be depicted. C. For that portion of the SAD which is to be actually changed, the nature and extent of the changes shall be shown i.e. both existing and proposed site plan factors shall be shown. This includes changes to infrastructure, water tracts, boundary conditions along 1-95, and roadways. D. Traffic Study prepared to County Traffic Performance Ordinance standards; and to also include detailed analysis of Waterford Place/Linton Boulevard intersection and Linton Boulevard traffic flow; and detailed analysis of intersection with S.W. 10th Avenue/Lindell. 3. Additional petition requirements salient to a SAD modification: Since a SAD is a special zoning designation which requires a complete site and development plan, it is appropriate to consider the entirety of the area contained within the SAD's boundary. Thus, it is appropriate to identify the use of the balance of the property i.e. the vacant land between Builder's Square and Waterford Apartments including, but not limited to: * type of land use; * intensity/density of land use; * traffic characteristics of planned use; '. . City Commission Documentation Substantial Deviation - Waterford DRI Page 3 * character of the planned use e.g. height of structures (single vs multi-story) , parking lot accommodations (covered, surfaced lots, etc) , architectural theme (relationship to Builders Square and Waterford Apartment architecture); * method of buffering or transitioning between different uses (use areas); * alternative site plan scenarios for the retail component; * feasibility of planned land use; and if it is not potentially not feasible, the identification of alternative land use(s). 4. Additional petition requirements salient to a modification to a DRI: The SAD development order is tied to the DRI development order. Thus, it is also appropriate to examine the underlying relationship of the DRI as it was originally proposed (approved) and the requested changes. These items take the form of: * employment information e.g. comparison of job generation between approved and proposed development scenarios; * interaction/inter-relationship of uses e.g. housing /employment mix; * the relationship/impact of reduced "commerce" land use potential and Comprehensive Plan policies which seek to protect and encourage development of commerce parcels; * the physical relationship and interaction among proposed (revised) land uses e.g. buffering, ways for interaction, . . . design integration of the DRI components; * identification and examination of alternative methods for alleviating congestion at the I-95/Linton Interchange e.g. "fly over" ramping which has. been suggested by FOOT; * energy conservation considerations in design (original DRI item). ALTERNATIVE COURSES OF ACTION: 1- Make a determination that, pursuant to the Planning and Zoning Board recommendation, the proposed changes constitute a substantial deviation from the approved DRI. 2. Make a determination that the proposed changes do not constitute a substantial deviation from the approved DRI. NOTE: If this action is taken, further direction should be provided relative to the type and detail of submission information which is to be obtained. '. . . City Commission Documentation Substantial Deviation - Waterford DRI Page 4 RECOMMENDED ACTION: By motion, find that the proposed change constitutes a substantial deviation to the Waterford DRI and that further development of regional impact review, as recommended by the Planning and Zoning Board, be made. DJK/CCDRI.DOC . ,,,' 'Ii; e~,J k. ~~,.~.. ~~ ~ fJ}17 August 14, 1992 Mr. David Kovacs Planning Director Ci ty of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Kovacs, As an inmediate neighbor of the Waterford/Delint project, we would like to go on record as supporting the change from hotel/office use to additional retail development. We look forward to the continued progress of that develoIJDent. However, it once again brings to the forefront the imperative need that we inmediately begin construction of the widening of S.W. 10th Street as an alternate route to Linton Blvd. We have a plan and funds approved, Le. the Decade of Excellence bond issue, for the alternate route of traffic down Wallace Drive to S.W. 10th Street, and that work should begin immediately. Sincerely, \ ", ,\ " ( liZ" "c I. It 'o(t/(,~ William L. Wallace J> President WLW/gjs cc: Mr. Tom McMurrian ~)W(cErrWIEJID . , t~.. \ ,,) ~.. .. . I..UG 1'" \992t ., " , i C' " ZON\NG . PI fd'H J H l _"' (;J. .~ . . .m~ Co ~ ~ 3 Co :2 051- <i? / J-.{ /9 d. ~ . ._. ~,~) lJ9J1 . ~ ~ i!U7. (lTY DF DElRRY ?~ ;~ 'fj r~1 ':',~'::' ~~~ ~;._; ",: -. -~n ~': r "RNEY~S {Jf:~iCE Writer's Direct Line (407) 243-7092 MEMORANDUM Date: July 31, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Rescinding the City Commission's Determination of Substantial Deviation on the Waterford DRI Our File #03-92.002 The Commission on June 23, 1992 determined that the proposed changes to the Waterford DRI constituted a substantial deviation to the DRI requiring further agency review. This decision had not been transmitted to the Treasure Coast Planning Council and Department of Community Affairs. At the time the Commission indicated that it may wish to reconsider the matter. Had the order been transmitted to Treasure Coast and DCA, I am of the opinion that it would not have been possible for the Commission to rescind or reconsider its action at this time. The statutes governing the determination of substantial deviation do not contemplate a city changing its mind after such determination has been made. Nonetheless it is my opinion that the Commission can now rescind its determination upon motion and majority vote of the Commissioners attending the meeting. The motion to rescind, unlike a motion for reconsideration, may be made by any Commissioner regardless of their prior vote on the matter. The effect of the motion to rescind will not be to determine that the changes to the DRI do not constitute a substantial deviation. Rather, it would simply render the prior determination a nullity. Therefore, if a motion for rescission was successful, the City would have to renotice the consideration of the substantial deviation, hold another public hearing on the matter and following that, a public hearing, the Commission would redetermine the issue. I would caution the Commission that rescinding their action and reversing prior determination is, to my knowledge, a novel action that may invite litigation from interested parties. It is further my opinion and one in which I believe the Planning Director concurs, that it would be safer from a procedural Sp fo . . Memo to City Commission July 31, 1992 Page 2 standpoint for the applicant to withdraw the proposed changes to the DR! and then refile -,heir petition. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK: jw cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning Alan Ciklin, Esq. . . . [IT' DF DElAA' BEAtH (C~~ \' ,,:).~,\A ""'1." ".:~~F.~;:\':?,';,;Y' . ~'..lo'"... 100 NW 1st AVEr;UE . DELR"Y BEACH FLORIDA 33444 . 407/243-7000 August 7, 1992 ' J. Thomas Beck, Chief Bureau of State Planning Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: NOTICE OF HEARING - WATERFORD/DELINT D.R.I. DETERMINATION OF SUBSTANTIAL DEVIATION Dear Mr. Beck: Subsequent to the meeting of the City Commission of the City of Delray Beach held on June 23, 1992, the City Commission has rescinded its action regarding the substantial deviation for the Waterford/Delint D.R.I. Pursuant to the request contained in your letter of January 6, 1992, and pursuant to 380.06(19)(f), please be advised that the City Commission will conduct a public hearing on Tuesday, August 25, 1992, for the purpose of determining whether or not a substantial deviation exists and, hence, whether or not further development of regional impact review is required. The public hearing will be held in the City Commission Chambers which is located at 100 N.W. 1st Avenue, Delray Beach. The public hearing will commence at 7:00 p.m. We look forward to your participation and advice with respect to implications of the proposed changes. C\\diallY, Dat}JtJ!1i~L~~I~ l~ector Department of Planning and Zoning c: John Walker, Project Coordinator (City) A:DRI T H :: E u: n p r A I ',' ill. Y S M,\ T T [ R S . . . , , "" '" A ,.. [IT' OF OELRA' BEA[H (~ ~~'~ H (""" "'~"'''''''''~ '\ "''''''11', ",', '\J"" "~~~, \.':) "'~ll:.,:f " " 'i'"" ~''J' ,,' 0 ',~ :,_~':;'~ August 7, 1992 100 N \,/, lSl AVE~;UE . DE LR,' Y BEACH, f' LOHIDA 33444 . 407/243-7000 Ms. Sally Black Review Coordinator Treasure Coast Regional Planning Council 3228 S.W. Martin Downs Boulevard Suite 205, P.O. Box 1529 Palm City, Florida 33490 Re: NOTICE OF HEARING - WATERFORD/DELINT D.R.I. DETERMINATION OF SUBSTANTIAL DEVIATION Dear Ms. Black: Subsequent to the meeting of the City Commission of the City of Delray Beach held on June 23, 1992, the City Commission has rescinded its action regarding the substantial deviation for the Waterford/Delint D.R.I. Pursuant to the request contained in your letter of January 6, 1992, and pursuant to 380.06(19)(f), please be advised that the City Commission will conduct a public hearing on Tuesday, August 25, 1992, for the purpose of determining whether or not a substantial deviation exists and, hence, whether or not further development of regional impact review is required. The public hearing will be held in the City Commission Chambers which is located at 100 N.W. 1st Avenue, Delray Beach. The public hearing will commence at 7:00 p.m. We look forward to your participation and advice with respect to implications of the proposed changes. liallY, D: i~~~ ~~a~A~/A\, Director Department of Planning and Zoning c: John Walker, Project Coordinator (City) A:DRI THt' Er:r:()fn Au','/,yS M,\TT[HS . NOTICE OF PUBLIC HEARING The City Commission of the City of Delray Beach will conduct a Public Hearing for the purpose of determining whether the proposed changes to a Previously Approved Development of Regional Impact (D.R.I.) represents a Substantial Deviation as defined by FS 380.06(19)(f), and whether further development of regional impact review is required. The proposed modifications to the previously approved Waterford Place/Delint Development of Regional Impact (D.R.I.) will involve the deletion of the approved 250 room hotel, a decrease of 352,308 square feet of office approval and the addition of 107,400 square feet of retail development. The Waterford Place/Delint D.R.I. site lies south of Linton Boulevard and is bounded on the west by I -95, on the north by Lindell Boulevard (if extended west); on the east by Lindell Boulevard and Dotterel Road; and on the south by Audubon Boulevard. The City Commission will conduct a Public Hearing on the Determination of Substantial Deviation to the Waterford Place/Delint Development of Regional Impact (D.R.I.), on August 25, 1992, at 7:00 P.M.; in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment on the proposed change. All interested citizens are invited to attend this public hearing and comment upon the proposed changes to the Delint D.R.I. the request may be inspected at the Planning Department Office, City Hall, 100 N. W. 1st Avenue, Delray Beach, Florida 33444, Phone 407/243-7040, between the hours of 8:00 A.M. and 5:00 P.M.; on weekdays (excluding holidays). 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 person(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Publish: CITY OF DELRAY BEACH Delray Beach News Alison MacGregor Harty August 14, 1992 City Clerk '. 1"1 " MEMORANDUM TO: RUTH SWANSON, SECRETARY III FROM: PLANNING DEPARTMENT RE: SCHEDULING OF A PUBLIC HEARING FOR THE DETERMINATION OF SUBSTANTIAL DEVIATION FOR WATERFORD/DELINT DRI DATE: AUGUST 10, 1992 The above item is scheduled for the August 25th City Commission agenda. Attached is a copy of the advertisement for this item. The publication of this as should follow your normal requirements for public hearing items before the City Commission. Thanks. c: Alison MacGregor Harty, City Clerk '. l.,f . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER >>-1 SUBJECT: AGENDA ITEM i 10 6 - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 28-92 DATE: August 21, 1992 This is a first reading and public hearing of an ordinance adopting Comprehensive Plan Amendment 92-1 pursuant to the provision of the "Local Government Comprehensive Planning and Land Development Regulations Act", Florida Statutes Sections 163.3161 through 163.3243, inclusive. Significant items contained in Plan Amendment 92-1 include 30 corrective amendments to the Future Land Use Map and eight associated rezonings; changes to the text, policies and Future Land Use Map as a result of the proposed "Anchorage" development project; modifications to the future land use designations/zoning matrix; expansion of the annual report to the Local Planning Agency to include bicycle and pedestrian accident locations, and recommendation of mitigation methods; reestablishment of the Automobile dealers locational policy; addition of a policy to the Future Land Use Element addressing a Tennis Stadium; and, addition of the relocation of water and sewer lines qn West Atlantic Avenue in FY 92/93 concurrent with the widening of Atlantic Avenue. Changes made to Plan Amendment 92-1 in response to the ORC Report include a revised approach to Coastal Construction Control Line; deletion of a policy addressing traffic levels of service in the Geographic Area of Exception; additional changes to the Capital Improvement Program and Capital Improvement Budget; and, a boundary adjustment for the recent annexation of the Highland Trailer Park and adjacent commercial areas. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 28-92 on first reading. f~ /Sr~ 5--0 . . .-- ----. ----.------- ._--_._---------_._-----~-- ------- - --- ------ -.-- ----~--- --~-- ORDINANCE NO. 28-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 92-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE: INCLUDING AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE PLAN, CONSERVATION ELEMENT, PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND RECREATION ELEMENT, HOUSING ELEMENT, COASTAL MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENT, BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND NEW INFORMATION: INCLUDING CHANGES TO THE FUTURE LAND USE MAP FOR THIRTY (30) PARCELS OF LAND: INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS: INCLUDING AMENDMENTS TO PART IV, "REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION"; INCLUDING AMENDMENTS TO PART V, "PROCEDURES FOR MONITORING AND EVALUATION OF THE PLAN": AND INCLUDING TEXTUAL AMENDMENTS TO SUMMARY OF MAJOR FEATURES OF THE COMPREHENSIVE PLAN, CONSERVATION ELEMENT, PUBLIC - FACILITIES ELEMENT, OPEN SPACE AND RECREATION ELEMENT, HOUSING ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 92-1" AND INCORPORATED HEREIN BY REFERENCE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 - 163.3243 known as the "Local Government Comprehensive Planning and Land Development Regulation Act: and, WHEREAS, via Ordinance No. 82-91 the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida": and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 92-1": and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on March 16, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and, WHEREAS, after the above-referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 92-1 be adopted: and, WHEREAS, proposed Comprehensive Plan Amendment 92-1 was submitted to and reviewed by the City Commission: and, WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 92-1 was held by the City Commission on April 14, 1992, in accordance wi~h the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act": and, . . WHEREAS, proposed Comprehensive Plan Amendment 92-1 was forwarded to the State Department of Community Affairs for review and comment on April 16, 1992; and, WHEREAS, a report of Objections, Recommendations and Comments has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan Amendment 92-1; and, WHEREAS, following due public notice, two public hearings were held on August 25, 1992, and September 8, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act", NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 - 163.3243 known as the "Local Government Comprehensive Planning and Land Development Regulation Act". Section 2. That in implementation of its declared inten~ set forth in Section 1 of this ordinance, there is hereby adopted and incorporated herein by reference the document entitled "Comprehensive Plan Amendment 92-1". Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 92-1". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word by 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 upon the City's receipt of Notice of Compliance from the State Department of Community Affairs, pursuant to Florida Statutes Section 163.3184. 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. 28-92 tJt( ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ THRU: DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: STAN WEEDON, PLANNER IIIP SUBJECT: MEETING OF AUGUST 25, 1992 AMENDMENT 92-1 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval, on first reading, of an Ordinance enacting Comprehensive Plan Amendment 92-l. Pursuant to Statute, this action is taken following a public hearing. Final action will occur on second reading which, also, follows a public hearing. - BACKGROUND/CHRONOLOGY: The City is allowed to enact two amendments to its Comprehensive Plan each year. In Delray Beach, the first amendment of each year focuses upon updating the work program; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. The amendment is processed so that final action is coordinated with consideration of the annual operating and capital improvement budgets Comprehensive Plan Amendment 92-1 comprises the first of two amendments to the Plan which will occur in 1992. The Planning and Zoning Board at their February 10th meeting reviewed items to be included in Plan Amendment 92-1 and forwarded them to the City Commission with a recommendation that the Commission initiate the amendment. The Commission initiated Amendment 92-1 on February 25, 1992. The Planning and Zoning Board held an advertised public hearing on March 16, 1992. On March 26, 1992, the Board forwarded the proposed amendment on a unanimous vote after modifications were made. The City Commission subsequently approved the amendment for transmittal to the State Department of Community Affairs on April 14, 1992. Transmittal of the amendment occurred on April 16, 1992. The State's ORC (Objections, Recommendations, Comments) Report was received by the City on July 23, 1992. The Planning Department prepared a "Response to ORC Report", a copy of which is attached. . City Commission Documentation Amendment 92-1 Page 2 It will be provided to D.C.A. with the transmittal of the revised Amendment 92-1 document, which is available, for review, in the Planning Department. The "Response to ORC Report" includes the objections, recommendations, and comments transmitted to the City in the ORC Report. In addition, the non-ORC Report comments and objections raised by the review agencies, and not included by DCA as a part of the ORC Report have been included in our response. The Planning and zoning Board endorsed the response at its meeting of August 17, 1992. Adoption public hearings before the City' Commission are scheduled for August 25, and September 8, 1992. CHANGES TO TRANSMITTED AMENDMENT: The changes made to the Amendment in response to the ORC Report are: 1) A revised approach to the Coastal Construction Control Line (item 1, p. 5; item 2, p. 7; and item 6, p. 9) , 2) Deletion of a policy addressing traffic levels of service in the GAE (item 3, p. 3) , 3) Additional changes to the CIP/CIB and revised Table IV-3 (item 1, p.11), and 4) A boundary adjustment for the recent annexation of the Highland Trailer Park and adjacent commercial areas (item 2, p.l1). ITEMS OF SIGNIFICANCE IN THE AMENDMENT: Items of particular significance in Amendment 92-1 are listed below. References to where the item is located in the Amendment document are provided by item and page numbers. 1. Thirty (30) corrective amendments to the Future Land Use Map and eight (8) associated rezonings. 2. Changes to the text, policies and Future Land Use Map (Future Land Use Amendment Item #3) as a result of the proposed "Anchorage" development project. a. Identification as a location for an additional City boatramp ( Item V-I, p. 10) . Replaced by FIND, MSA 650. b. Intracoastal Waterway access, preserving natural areas, and providing public park areas (Item V-2, p. 11 and Item IV-4, p. 44). Replaced by FIND, MSA 650. City Commission Documentation Amendment 92-1 Page 3 c. Preservation of 25% of native plant communities on site (Item 1-11, p. 27) . To be accommodated throuqh LOR requirements. d. Priority list for funding of major capital improvements which pertain to recreational facilities (Item IV-2, p. 43) . Replaced by FIND, MSA 650. e. Identification as "conservation" area (Item IV-3, p. 43) . Deleted. f. Public/private development efforts to provide enhanced tax base, waterfront access and amenities, promotion of marine character of community, eRA/City financing of park component, identified as mixed use on the Land Use Map (Item VI-7, p. 50) . Deleted. g. City development of specific programs for projects ( Item VI-8, p.51) . Replaced by FIND, MSA 650. h. Priorities for public financial support in planning, promotion, or development of future land use activities within the coastal zone (Item VI-11, p. 52) . Replaced by FIND MSA 650. 3. Modifications to the future land US61 designation/zoning matrix, Land Use Element p. III-G-42 (Item VII-3, pp. 16-18). 4. The annual report to the Local Planning Agency is expanded to include bicycle anti pedestrian accident locations, and recommendations of mitigation methods. (Item XII-2, p. 23) 5. Reestablishment of the Automobile dealers locational policy, etc. (Item VII-1, p. 55) . 6. Addition of a policy to the Future Land Use Element addressing a Tennis Stadium (Item VII-5, p. 57) . 7. Addition of the relocation of water and sewer lines on West Atlantic Avenue in FY 92/93 concurrent with the widening of Atlantic Avenue by the County. RECOMMENDED ACTION: By motion, approve, on first reading, the enacting Ordinance for Comprehensive Plan Amendment 92-1 as modified by the "Response to ORC Report". Attachment: * Response to ORC Report DJK/SW\A: 92-1FDOC. doc . CITY OF DELRAY BEACH RESPONSE TO ORC REPORT AMENDMENT 92-1' August 7, 1992 PLAN AMENDMENT 92-1 RESPONSE TO OBJECTIONS AND RECOMMENDATIONS OF THE ORC REPORT This section presents the objections and attendant recommendation contained in the ORC Report. Following each objection is the City's response with any corrective actions to be taken indicated. 1. Proposed future land use map amendment #7 inappropriately increases the density from Low Density Residential (LOR) to Medium Density Residential (MDR) on a .63 acre parcel in the coastal high-hazard area. This increase, although small in scale, is not consistent with the requirement to direct population concentrations and to limit development away from known or predicted coastal high-hazard areas. Rules 9J-S.006(3)(b)S.; 9J-S.012(3)(b)6.; 9J-S.012(3)(c)7.; and 9J-11.006(3), F.A.C. Recommendation: Retain the current land use designation (LOR) or change the land use designation to a use which has a density which is equal to or less than the current lane! use designation. City Response: The City will retain the current land use designation. This item should not have been included in Amendment 92-1, it was recommended for denial by the Planning and Zoning Board and subsequently deleted from the Amendment by City Commission. 2. It has not been demonstrated how the City will protect, conserve or enhance wetland communities (mangroves) from the cumulative impacts of development activities on the proposed future land use map amendment site #3 known as the "Anchorage" or "17 acre site". Although some of the upland portions of the site have been removed from the Palm Beach County Inventory of Native Ecosystems the wetland systems or mangrove areas along the Intracoastal waterway have not been removed from the Inventory. Rules 9J-S.OO6(3)(b)4.; 9J-S.006(3)(c)6.; 9J-S.012(3)(b)1.; 9J-S.012(3)(c)1 and 2. ; 9J-S.013(2)(b)3 and 4 . ; 9J-S.013(2)(c)3 and 6., F.A.C. Recommendation: Demonstrate how the City will limit the impact of development activities upon wetland communities or include additional plan policies which will ensure the protection, conservation or enhancement of the City's wetland communities. 2 . City Response: The Coastal Management, Conservation and Future Land Use Elements contain goals, objectives and policies (Attachment "A") which provide protection to the remaining wetland area or vegetation. The City's Land Development Regulations (LOR's) also provide protection (Attachment "B"). In the specific case of the "17 acre parcel", and as noted in the support documents, disruption of native upland and mangrove habitats has occurred - without appropriate permits/approvals. The Palm Beach County Department of Environmental Resource Management has initiated enforcement actions in response to these disturbances. As a result of the disruption of the site, including the loss of 39 mangrove trees, the subject property was removed from the Inventory of Native Ecosystems in p&jm. Beach County. Future destruction of the remaining mangrove trees is highly possible as permits are pending, with various agencies (DERM, Corp. of Engineers, etc.), for the construction of a seawall and backfill to make the site developable for single family residences. To mitigate the effects of the development, the developer is proposing off-site mitigation activities on the Donnely Tract to the south (a part of Ecosite #69) and to FIND parcels (MSA 645-C and 645-0) located south of N.E. 8th Street (George Bush Boulevard) on the east side of the Intracoastal Waterway. 3. The proposed revision to Objective B-1 does not identify or describe the Geographic Area of Exception or the streets within it proposed to operate at a lower level of service, or the level of service at which they will be allowed to operate. The City has not provided data and analysis to support the Geographic Area of Exception including a copy of the Palm Beach County Traffic Performance Standards, Ordinance 90-40. Rules 9J-5.005(2) and (3) ; 9J-5.007(2)(b)1.; 9J-5.007(3)(c)1.; 9J-5.015(3)(b)3.; 9J-5.057(7) and 9J-11.006(3) F.A.C. Recommendation: Revise Objective B-1 to follow the procedures outlined in Rule 9J-5. 057 (7) , "Designation of Interim Transportation Concurrency Management Area" . See attached FOOT comments. City Response: The proposed addition to Objective B-1 is deleted via Amendment 92-2. Therefore, the City will not adopt the amendment to this Objective as a part of Amendment 92-l. Amendment 92-2 addresses the GAE and associated traffic level of service in a more comprehensive manner. 3 4. The amendment is not consistent with and does not further the following goals and objectives of the state Comprehensive Plan: Goal 9 (Coastal and Marine Resources), Policies 4 and 6; Goal 10 (Natural Systems), Policies 1 and 7; and Goal 20 (Transportation), Policy 3. Rule 9J-S.021, F.A.C. Recommendation: Revise the amendment package to be supported by adequate data and analysis consistent with the above-referenced goals and policies of the state Comprehensive Plan. C! ty Response: The references to the State Plan, Goals 9, 10, and the policies therein apply to Objections #1 and #2 above. We believe that our response to these items removes the objections. The reference to State Comprehensive Plan, Goal 20, Policy 3 applies to objection #3, above. As the referenced amendment will not be enacted, this objection no longer applies. 5. The amendment is not consistent with and does not further the following goals and objectives of the Treasure Coast Regional Policy Plan: Regional Goal 8.3.1 (Water Resources), Policies 8.3.1.1, 8.3.1.2 and 8.3.1.3; Regional Goal 9.1.1 (Coastal Resources), Policy 9.1.1.3; Regional Goal 9.2.2 (Marine Resources), Policy 9.2.2.1; and Regional Goal 10.1. 1 (Protection of Natural Systems), Policies 10.1.1.1, 10.1.1.2, 10.1.1.3 and 10.1.1.4. Rule 9J-S.021, F.A.C. Recommendation: Revise the amendment package to be supported by adequate data and analysis consistent with the above-referenced goals and policies of the Treasure Coast Regional Policy Plan. City Response: The references to TCRPC Policies 8.3.1.1 - 8.3.1.3, and 10.1.1.1 - 10.1.1.4 apply to Objections #1 and #2 above. We believe that our response to these items removes the objections. The references to TCRPC Policies 9.1.1.3 refers to the Coastal Construction Control Line (CCCL) and applies to the States comment relative to the CCCL which is addressed in the following section of this ORC Response. Please consult Item #1 of the "Response to DCA Comments of the ORC Report" section for our response to this item. 4 . RESPONSE TO D.C.A. COMMENTS IN THE ORC REPORT This section presents the comments contained in the ORC Report. These comments are advisory in nature and will not form a bases for a finding that the amendment is not in compliance with Chapter 163 F.S. or F.A.R. 9J-S. Following each comment is the City's response with any corrective actions to be taken indicated. 1. The City should consider the recommendations provided by the DNR and TCRPC regarding the potential impacts of the modifications of Policies C-7.1 and C-8. 1 in the Coastal Management Element upon potential development seaward of the CCCL and the potential impacts upon future dune construction and maintenance, walkover construction, beach renourishment, etc. City Response: In consideration of the comments from DNR and TCRPC, the City has determined that the following amendments should be made to the Coastal Management Element. Objective C-7: Shoreline uses shall only be for beach purposes. Beach purposes include, but are not limited to, normal . beach recreation, lifeguard towers, access facilities, dune and beach restoration, and beach cleaning and maintenance. TKete ~Kall )Se n0 t0nstt~ttl0n ea~t 0t tKe et0~10n t0ntt01 lIne 0tKet tKan t0t Ilte,~atd t0wet~ 0t atte~~ tatIlltle~1 0iet d~ne 0t ie,etatIie t0mm~nItIe~1 to tKe )SeatK. (b3) Policy C-7.1: The highest priority for shoreline use in the Ci ty of Delray Beach shall be for beach purposes which shall include recreation and conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses along the shoreline which abuts the beach. Residential development shall not exceed a height greater than 48' from the elevation of the crown of Highway A-1-A and shall be constructed we~t 0t tKe t0a~tal t0n~tt~ttI0n tIne in accordance with the City's Shore Protection Ordinance. (c8) [LDR Section 4.5.5(0)] Policy C-8.1: The City shall continue to administer its adopted regulations which prohibit non-beach related (see Objective C-7) construction seaward of the Erosion Control Line (ECL) and which provide performance standards for construction seaward of the Coastal Construction Control Line (CCCL). X~ a patt 0t tKe lan~ ~~e te,~latI0n~ to )Se ad0pted wItKIn 0ne teat 0t tKe s~)s~I~sI0n 0t tKe Planl t)l.e tItt ~Kall ad0pt ate,~latI0n~ w)l.lt)l. pt0KI)s1 t t0nstt~ttl0n seawatlll 0t tKe t0astal t0n~tt~ttI0n t0ntt01 tIne anlll tKe Et0~10n t0ntt01 tIne ()S0tK a~ e~ta)sII~)l.elll )St tKe 0epatt~ent 0t Mat~tal Re~0~tte~1. (c3) 5 The CCCL is established as a line of regulation by DNR. As such, construction may be allowed seaward of the CCCL by permit from DNR. The City (Ordinance #34-90, Attached) regulates construction between the mean high water (MHW) line and a point 25' landward of the dune crest or the CCCL, whichever is more landward. The regulations under Ord. 34-90 are established to protect the integrity of the beach and dune system. The proposed amendment was intended to avoid the issue of a "taking" of development rights by a blanket prohibition of development seaward of the CCCL. Note that DNR does not prohibit construction - only regulates. This is responsible resource management. - 6 . RESPONSE TO NON-ORC REPORT COMMENTS BY OTHER AGENCIES This section presents the City's response to objections and comments by review agencies which are not included in the ORC Report. These items are advisory, to DCA, and since not included in DCA's ORC Report can not constitute the bases of a finding of noncompliance. If these objections or comments suggest further City action, an indication of what, if any, action the City will pursue are noted. 1. Florida Department of Transportation Objection: The cumulative impact of the City's land use changes on the transportation network has not been evaluated and no associated amendment to the Traffic Circulation Element is proposed. City Response: As explained in the Amendment package, all but four of the amendments were corrective in nature (existing uses or zonings). The four "new" amendments are: Relocation of the school in the Southwest, - Fire Station #5, initial site, Fire Station #5, new site, and The Anchorage and associated properties to the west. The first item is a minor relocation of an existing designation and has no adverse traffic impacts. The items associated with Fire Station #5, result in a minor increase in traffic. A traffic study was done and showed increased trip generation of less than 40 ADT. Also, we note that since the ADT relates to service response, there is no net increase, but only a redistribution. The net affect of items 1 -3 above is a redistribution of anticipated trips, within the same general area. The amendment affecting the Anchorage, from mixed use (Open Space, Conservation and Medium Density Residential) to Low Density Residential, reduces the maximum number of units which may have been developed on the land. Accordingly, there will be a net reduction in ADT on the impacted transportation network. 2. Florida Department of Natural Resources Comment: Please be advised that an Erosion Control Line (ECL) is a linear assignment demarcating public (on the seaward side) versus private (on the upland side) ownership associated with a publicly funded civil works project to be in effect for the maintenance life of the project. Commonly, the ECL is located along the pre-project approximate line of Mean High Water (MHW). 7 It is not a line of prohibition as is DNR's line of Seasonal High Water (SHW) which is associated with long-term erosion trends. In fact, to locally assign the ECL as a line of prohibition related to excavation and construction may actually prohibit such activities as dune construction and maintenance, walkover construction, maintenance renourishment, beach cleaning, pier construction, etc. City Response: We agree with the position of the DNR and have amended Objective C-7, and Policies C-7.1 and C-8.1 to be consistent with DNR's rules and to allow certain activities necessary for the continued maintenance and public enjoYment of the beach. In addition, the City has adopted Ordinance #34-90 (attached) which regulates construction between the mean high water (MHW) line and a point 25' landward of the dune crest or the CCCL, whichever is more landward. The regulations of Ord. 34-90 are established to protect the integrity of the beach and dune system and are integrated into the Land Development Regulations (Sec. 4.5.5(0)) . The amendment as adopted should avoid the issue of a "taking" of development rights by a blanket prohibition of development seaward of the CCCL. Note that DNR and the City do not prohibit construction - only regulate construction and activities. This is responsible resource management. 3. Florida Department of Community Affairs Division of Emergency Management Objection: Amendments 6, 7, and 8, from low density residential (0-5 du/a) to medium density residential (6-12 du/a) are located in the Coastal High Hazard Area. Recommendation: Retain current low density land use, or change it to a land use which has a residential intensity equal to or less than the current land use intensity. City Response: Amendment #7 was erroneously included in the transmittal to DCA, and is not being adopted by the City. Amendments #6 and #8 are corrective amendments which establish consistency between the Future Land Use Map designation, and the existing use established on the affected properties. 4. Florida Division of Historical Resources No objections or adverse comments. S. Palm Beach County No objections or adverse comments. 8 . 6 . Treasure Coast Reqional Planninq Council Objection: The proposed modifications to Policies C-7.1 and C-8.1 in the Coastal Management Element are not consistent with Regional Goal 9.1.1 and Policy 9.1.1.3, regarding the protection of coastal resources. The proposed policies have the effect of decreasing the City's commitment to coastal resources protection. The protection of coastal dune systems is important because they serve to reduce the impact of large storms and help minimize property damage. Recommendation: Council recognizes that vacant land in the coastal area of the City is limited, and further recognizes that enforcement of the prohibition of development seaward of the CCCL may totally prohibit construction on some parcels. To avoid litigation, the City may want to consider exempting existing parcels from the prohibition on construction seaward of the CCCL. The City should, however, retain its existing comprehensive plan policies so that it is clear to land owners that new construction/redevelopment may not occur seaward of its existing location. City Response: We have amended Objective C-7, and Policies C-7.1 and C-8.1 to be consistent with DNR's rules and to allow certain activities necessary for the continued maintenance and public enjoYment of the beach. In addition, the City has adopted Ordinance #34-90 (attached) which regulates construction between the mean high water (MHW) line and a point 25' landward of the dune crest or the CCCL, whichever is more landward. The regulations of Ord. 34-90 are established to protect the integrity of the beach and dune system and are integrated into the Land Development Regulations (Sec. 4.5.5(0)) . The amendment as adopted should avoid the issue of a "taking" of development rights by a blanket prohibition of development seaward of the CCCL. Note that DNR and the City do not prohibit construction - only regulate construction and activities. This is responsible resource management. Comments: 1. The City is commended for its new policies which support and facilitate pedestrian and bicycle traffic. 2. New objective B-1 would allow an exception to the traffic level of service standards on the streets addressed in the GAE. Presently, the Regional Comprehensive Policy Plan has no policy which would allow for such lowered level of service standards. However, in reviewing the Delray Beach GAE, Council had no substantive objections to the application. 9 7 . South Florida Water Manaqement District Comment: The implementation of Policy A-4. 2 is proposed to be deferred from September 19 9 1 to FY 92/93. This policy intends to develop a standard for water use for various land uses. This standard is to be used as the limit of "reasonable" consumption for each land use type. Usage above this standard will be subject pay higher utility rates. The SFWMD views this effort as a significant step forward in the City's management of water demand. Since this work is reportedly 70% complete, the City should place a high priority on this policy and implement it as soon as possible. City Response: The City will continue to explore this issue and endeavor to complete the item as rescheduled. The target date for receipt of the consultants work is early fall 1993. Comment: Policy A-4.7 indicates the City's intention of developing a wastewater reuse program in conjunction with the City of Boynton Beach. The SFWMD considers the City's effort to develop a wastewater reuse program as a necessary and positive step towards a sustainable water-supply future. The SFWMD supports the City's efforts to develop a reuse program and hopes that the schedule, as revised, is achieved. City Response: As indicated in our submittal, the South Regional Wastewater Facility Board has selected a consultant for the design of a water reuse system. The City in cooperation with the City of Boynton Beach and the SRWFB will continue to evaluate the potential for development of a water reuse system. The schedule for this item is also deferred by this proposed amendment. 10 . ADDITIONAL COMPREHENSIVE PLAN CHANGES NOT PREVIOUSLY REVIEWED BY DCA This section presents new items, not previously reviewed by DCA, which were adopted as a part of this amendment (92-1). It also contains items which have been previously reviewed, but changed significantly between review and adoption. 1. Additional changes to the CIP/CIB and revised Table IV-3 See attached report. Revised Table IV-3 being prepared. This item was identified in the Amendment submitted, but the Table was not included, as the budget process had just begun. 2. Highland Trailer Park Annexation, Boundary Adjustment The City annexed three contiguous areas on June 23, 1992 (Ordinances 19-92, 20-92, and 21-92). One of these annexations, G&Z Auto (Ord. 20-92) also involved a small scale land use amendment which has previously been transmitted to DCA for review. The State apparently has no problems with the adoption of this small scale amendment, therefore the boundary adjustment is included herein. 11 - z~ In II'! ~ 2 0 ... YMHtlIH 'YlI1Q1.j lnNlAY NO.1N1MS t; lAY t MS ~ .. III COol ~ I lAY I MS I- Z ~ . i! I SSlll~N():) II) . lnN1AY ~ . .., 0 0( I I 3:>- .. U~ S . ::l I I <(0 ~ -I OHYAl1n08 . w~ . 000 ~ ~ ~ n u I . III ~ . >11) I &t w I f w i : <(z ..!& j, ~ ! . t: 0::2 N . L.. ~ 2 ...J~ . -I ::l m I ..-..., ~ ~ WX 0") . i . O~ ~ i I u z OYo. 1I:)1Al1l . III I I.L.. 0( I ~ Z f ..J O~ 0 ~ ~ 0( I :::I >Il. . . ~a:: . . - ~ L.._..__.. U== .. ..-..- . 0( '.VlIL J.HYlf11" . . a:: LJ I- 0 Z j ::z: I.:) X ''INY:) r-] . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt'/1 SUBJECT: AGENDA ITEM # / 6L A - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 29-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned MIC (Mixed Industrial and Commercial) district in I (Industrial) district; said land being located at the west end of Georgia Street, adjacent to I-95. This rezoning is as a result of a comparison of the Future Land Use and Zoning Maps in conjunction with Comprehensive Plan Amendment 92-l. The current use of the property is mini warehouse/storage. The rezoning action is consistent with the proposed land use amendment and the Land Development Regulations. Recommend approval of Ordinance No. 29-92 on first reading. p~ lif~ 5-0 .. . .' . ~ ORDINANCE NO. 29-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN I (INDUSTRIAL) DISTRICT; SAID LAND BEING LOCATED AT THE WEST END OF GEORGIA STREET, ADJACENT TO I-95, 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the ( I) Industrial) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: N 1/2 of W 1/2 of Lot 23 (Less I-95 R/W) , Sub. of Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located at the west end of Georgia, adjacent to I-95. The above described parcel contains 3.7 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validi ty 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. I PASSED AND ADOPTED in regular session on this the day of i , 1992. I I MAY 0 R I I ATTEST: i City Clerk I First Reading . ! Second Reading ! . . ~ ~ ~ ~ - - t::: 1= ~ I~ ll~ ~ . I-- I-- L I-- - ~ ~ l--- l--- 10- ~ I-- ~ f- :: I-- l--- ~ - l- I-- -- :: ~ - I-- - I- - .~ I-- If :: I- - I-- If :: - --- - l- I-- ~m1rm= I- - I- It - .~-~I- ~ - 10- ~- 'ii~- So w. '01H · TUTT W ~ [J ~ ~&L ~ I - - J--f - ~ - ---=if - ~ ~ ~ ....... - -:fll I~ .... - L.I ~ ',.. :y - - -- - J ~ - ~ ~ - l- -=-- ~ - ~4 - ~ - ...I mIIIlIIII G I-- . . ~ 1/ ~ I- ~ I-- _ C[) ~ - r- - '~ ~ - - iV :"'-- - ~~ - ~ (;' I I I I r 111/1 ~ C I 1 I II II I c: ~rr - r -\ = - - UNTON BOULEVARD I-- J r\ ~ aRCUT ) ~~ @ aTt "'~ ~ " i / b TMGlT ~ - ~ ---" "-1 .1 -'r LAND USE A~ENDMENT 92-1 ITEM *20-A ~ ~ ~~;C I l , . C I T Y COM MIS S ION DOC U MEN TAT ION TO: C:S~JNi~= THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: STAN WEEDON, PLANNER IIr:/tJ SUBJECT: MEETING OF AUGUST 25, 1992 REZONINGS ASSOCIATED WITH AMENDMENT 92-1 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval, on first reading, of seven Ordinances enacting rezonings associated with Comprehensive Plan Amendment 92-1. Final action will occur on second reading, which, following a public hearing. BACKGROUND/CHRONOLOGY: Amendment 92-1 contains thirty (30) corrective amendments to the Future Land Use Map and eight (8) associated rezonings. These amendments and associated rezonings resulted from a comparison of the Future Land Use map and Zoning Map, which was performed by the Advanced Planning Division of the Planning and Zoning Department, in October 1991. The Planning and Zoning Board held an advertised public hearing on March 16, 1992, at which time testimony was on both the Plan Amendments and associated rezonings. On March 26, 1992, the Board forwarded the rezonings, however, the process was held until the Plan Amendment completed its State review. The State's ORC (Objections, Recommendations, Comments) Report was received by the City on July 23, 1992. There were no objections or comments raised regarding the land use amendments which have associated rezonings. Adoption public hearings for amendment 92-1 and the associated rezonings, before the City Commission are scheduled for August 25, and September 8, 1992. (~A~G- . . city Commission Documentation Rezonings Associated with Amendment 92-1 Page 2 SUMMARY OF THE REZONING ACTIONS: The thirty land use amendments and eight rezonings associated with Comprehensive Plan Amendment 92-1 are listed in the attached table. An report and analysis on each land use amendment and rezoning action were prepared and considered for the initial transmittal of the Amendment to the State Department of Community Affairs. Copies of each of these reports are available in the Planning Department. A brief summary of each rezoning action is provided below: Item 20A: A 3.7 acre parcel, located west of Wallace Drive, east of 1-95, and south of Georgia Street. The property is currently zoned Mixed Industrial Commercial (MIC) with a Future Land Use Map designation of General Commercial. Amendment 92-1 amends the Future Land Use Map designation to Industrial. The current use of the property is mini warehouse/storage. The rezoning action, from MIC to Industrial (I), is consistent with the proposed land use amendment and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 29-92] Item 20B: A 10.06 acre parcel, located west of Wallace Drive, east of I-9S, and north of Linton Boulevard. The property is currently zoned Mixed Industrial Commercial (MIC) and Automotive Commercial (AC) with a Future Land Use Map designation of General Commercial. There is no Future Land Use Map amendment associated with this item, nor is an amendment necessary. The current use of the property is automotive sales and repair/service. The rezoning action, from MIC and AC to AC, is consistent with the current land use designation, the existing use of the property, and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 30-92] Item 24: A 1. 62 acre parcel, located west of Southwest 17th Avenue, east of 1-95, and north 0 f S. W. 10th Street. The property is currently zoned Open Space (OS) with a Future Land Use Map designation of Recreation and Open Space. Amendment 92-1 amends the Future Land Use Map designation to Industrial. The current use of the property is industrial. The rezoning action, from OS to Industrial ( I ) , is consistent with the proposed land use amendment, the existing use of the property, and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 31-92] . City Commission Documentation Rezonings Associated with Amendment 92-1 Page 3 Item 25: A .08 acre parcel, located west of Southwest 17th Avenue, east of I-95, and north 0 f S.W. 10th street. The property is currently zoned Open Space (OS) with a Future Land Use Map designation of Recreation and Open Space. Amendment 92-1 amends the Future Land Use Map designation to Industrial. The current use of the property is industrial. The rezoning action, from OS to Industrial ( I) , is consistent with the proposed land use amendment, the existing use of the property, and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 32-92] Item 26: A .06 acre parcel, located west of Southwest 17th Avenue, east of 1-95, and north of S.W. lOth Street. The property is currently zoned Open Space (OS) with a Future Land Use Map designation of Recreation and Open Space. Amendment 92-1 amends the Future Land Use Map designation to Industrial. The current use of the property is industrial. The rezoning action, from OS to Industria'l ( I ) , is consistent with the proposed land use amendment, the existing use of the property, and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 33-92] Item 29: A .12 acre parcel, located west of S. W. 15th Avenue, east of 1-95, and north of S.W. 2nd Street. The property is currently zoned Open Space (OS) with a Future Land Use Map designation of Recreation and Open Space. Amendment 92-1 amends the Future Land Use Map designation to Low Density Residential. The property is currently vacant and privately owned. The rezoning action, from OS to Single Family Residential ( R - 1A) , is consistent with the proposed land use amendment, the existing use of the property, and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 34-92] Items 31-509 and 31-512.2: A .58 acre area (a .38 and .20 acre parcels), located west of Congress Avenue, and north of Atlantic Boulevard. The properties are currently zoned Mixed Industrial Commercial (MIC) and General Commercial (GC) with a Future Land Use Map designation of General Commercial. Amendment 92-1 amends the Future Land Use Map designation to Commerce. The current use of the properties are Langel's Auto Body (509) and storage for industrial uses (512.2). The rezoning action, from MIC and GC to Mixed Industrial Commercial (MIC) , is consistent with the current land use designation, the existing uses of the properties, and Section 3.3.2 "Standards for Rezoning Actions" of the Land Development Regulations. [Ordinance 35-92] . . City Commission Documentation Rezonings Associated with Amendment 92-1 Page 4 RECOMMENDED ACTION: By motion, approve the eight rezonings (seven ordinances) associated with Comprehensive Plan Amendment 92-1. Attachments: * Land Use Amendment and Rezoning List * Ordinances 29-92, 30-92, 31-92, 32-92, 33-92, 34-92, and 35-92 DJK/SW\A:921rzdoc.doc . rn ~ ~ ~ m CD l2;! ~a ~ $ ~ '" ~ :2 ... 01 ~ 0 8 ~ ~ ~ ~ II) Q) a II) N S 0 N 8 '" ~ ~ '" s: ~ -.. ... ... oi ... 0 0 ": .. 0 .. .. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # I fJ-8 - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 30-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned AC (Automotive Commercial) district in part, and MIC (Mixed Industrial and Commercial) district in part, in AC (Automotive Commercial) district; said land being located on the north side of Linton Boulevard, between Wallace Drive and I-95. This rezoning is as a result of a comparison of the Future Land Use and Zoning Maps in conjunction with Comprehensive Plan Amendment 92-1. The current use of the property is automotive sales and repair/services. There rezoning action is consistent with the current land use designation and the Land Development Regulations. Recommend approval of Ordinance No. 30-92 on first reading. . p~ Isr~ t/ ,,() .. . * ORDINANCE NO. 30-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART, AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT, IN PART, IN AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, BETWEEN WALLACE DRIVE AND I-95, 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 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the (AC) Automotive Commercial) District as defined in Chapter Four of the Land Development Regulations of De1ray Beach, Florida, to-wit: Tract A of Wallace Ford Plat, including the Westerly 75 feet of the East 543.15 feet of the Southerly 182.31 feet of the North 335.80 feet of Tract A, Wallace Ford Plat, as recorded in Plat Book 60, Pages 174 and 175, of the Public Records of Palm Beach County, Florida. The subject property is located on the north side of Linton Boulevard, between Wallace Drive and I-95, Delray Beach, Florida. The above-described parcel contains 10.06 acres or land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section I hereof. Section 3. That all ordinances or parts of ordinances ~n 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 this the day 0 f , 1992. MAY 0 R ATTEST: City Clerk . First Reading . . . - ~ ~I- u , 'i~~' ~ I-- - 1--- - - - - P I-- - - lo- - I""" - - - - I-- . ;;; - - - - --- I-- - - -~ - - .= " ;; .. -- - --- - - - - - .. - - t - , im tIfJ = - - - - - - - I..- - - - ~ - -- ""'-""'- So'll. 1 01H ~ 111 n-T ~ ~--1 - -l/ Iii [ ~ I - - : - S'/ - - ~ ~ ~t .... - .. I- - p0- l-- ~ ~ ~ ~ - ~ 't I 1/ - =-- 7L - ./~ - - II - ~ - J - rS l0- II -lo- -lo-. - ~, I- ~ - V I- ....... -1/ /" ~~ i- ....... "'"' iV t-........ . I fC rr- i--~ l '/ I I I I I J I 11m ~ ~ I II' TT TI t=~[[ ~ -\ I I...- - UN TON BOULEVARD - I 1 \ \ I awCUT J l.t'ollJl'S - ~ O'TY ~~ ~ " J i /' TMGrT I" ( - e::::: , .-/ .-' ,. .1 I LAND USE A~ENDMENT 92-1 ITEM #20-8 V - '~ ~~? . l . , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fr1 SUBJECT: AGENDA ITEM # }2. · C'. - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 31-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned OS (Open Space) district in I (Industrial) district; said land being located on the north side of S.W. 10th Street between S.W. 17th Avenue and 1-95. This rezoning is as a result of a comparison of the Future Land Use and Zoning Maps in conjunction with Comprehensive Plan Amendment 92-1. The current use of the property is industrial. The rezoning action is consistent with the proposed land use amendment and the Land Development Regulations. Recomme~d approval of Ordinance No. 31-92 on first reading. f a.ooui- Is(~ 5"'0 .. . -- '--"--- _._-- ORDINANCE NO. 31-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED OS (OPEN SPACE) DISTRICT IN I ( INDUSTRIAL) DISTRICT; SAID LAND IS LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 17TH AVENUE AND 1-95, 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 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the (I) Industrial) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: N440 feet of S490 feet of E 1/2 of SE 1/4 of NE 1/4 lying East of 1-95 (Less the E 25 Ft Rd R/W), Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida. Together with: Seven Seventy 17th Avenue Condo, Delray Beach, Florida. Together with: E 1/2 of SE 1/4 of NE 1/4 lying East of 1-95 (Less South 790 feet and the East 25 Feet Road R/W), Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located on the north side of S.W. 10th Street, between S.W. 17th Avenue and 1-95, Delray Beach, Florida. The above-described parcel contains 3.02 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: . City Clerk First Readinq '. "-I . ) ~ IT , Tr - , _ I '\ljJJ _ t:::1" _ I - rM - - ~ -I-- 1\- ~ --\ ~ ~ ~ ~-.. '1 I ~ t::: -- 1/ -, """"' -- _ """"'_ L - - r"" - T \. (\ - · J~ , '- :: , 1 v -~ ~I - ---' , - _I , -- - - I - - .1 V - -!lC ,... - _~ I- _ -!II ...' c -' - - -- OEl.,AAy KAOI ~ - -- ~ WUNraPAL - "'-.&. . ..., cows c:: _ .. I -< I T - - '. ~- -- ~, j 1--- '- __ ill I I -'- '-l- I _--w · - ------ - - - -- - -- ___ :::: I : ! - - - -= ~ ~ -- - - ........ D - - - I ~ -- (!IJ lID :II ~ ~-'-" - = LOWSON 8OUIZV"- -ooOIIII!"""11 -.J ___ - "...,j~ -- ....,j:j --1--- I __ ~ ~~ t~ "-" I - ::-~ \ ~ ...- C ~ j ~ J ll11 I I T I I I In--s::::: :t_ 7 I T I I I I II I In/-' \ l.r 7. J,L I I.'.n I 'T' ," T 1 ....'- ,. I _ ~~ LA ...J c 'll I TT1' _:: NO USE AMENDMENT 7 7'1..... _~ 92-1 : {~ T -i fJ:Z) t:t ITEhlS -.., _..21. ( , l~ 1 1 t:I - .n _ . '__ U M1 ~ .-IT7 I I r I I . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # IJ-.F - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 34-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned OS (Open Space) district in R-1A (Single Family Residential) district; said land being located on the northwest corner of S.W. 2nd Street and S.W. 15th Avenue. This rezoning is as a result of a comparison of the Future Land Use and Zoning Maps in conjunction with Comprehensive Plan Amendment 92-1. , The land being rezoned is currently vacant and privately owned. The rezoning action is consistent with the proposed land use amendment and the Land Development Regulations. Recommend approval of Ordinance No. 34-92 on first reading. I~ /~-r ~ 5' --0 . . ----------- ORDINANCE NO. 34-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED OS (OPEN SPACE) DISTRICT IN R-1A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE NORTHWEST CORNER OF S.W. 2ND STREET AND S.W. 15TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DEL RAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the R-1A (Single Family Residential) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: That part of Ely 77.41 feet of North 100 feet of South 125 feet of W 1/4 of Lot 5 Lying Ely of 1-95 R/W, Section 17, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located on the northwest corner of S.W. 2nd Street and S.W. 15th Avenue, Delray Beach, Florida. The above-described parcel contains 0.12 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk i First Reading I . Second Reading . . - . ." 1 \ffilli1j UL i r ' ATLANTIC - A1/ [ill --- / / w > . f'--^--/\ ~ ~ r f .~ ~ I---- I---- . I---- - ~ I---- I- .., - - / - ~ / . E S.W. 2ND ST. ~ I - ! - - I w ~ - w ~ ~ - % vi ~ i: ; - - .n - - ~ . ~ - lit lit CI) - fS LAND USE A~ENDMENT i-- i-- N J..-.:. 92-1 ~ ITEM #29 - / .5. \ .. - / I I I / "" \" 7/ . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER P1 SUBJECT: AGENDA ITEM i }g. & - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 35-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned GC (General Commercial) district, in part, and MIC (Mixed Industrial and Commercial) district, in part, in MIC (Mixed Industrial and Commercial) district; said land being located on the north side of West Atlantic Avenue, approximately 190 feet west of Congress Avenue. This rezoning is as a result of a comparison of the Future Land Use and Zoning Maps in conjunction with Comprehensive Plan Amendment 92-l. The current use of the properties are Langel's Auto Body and- storage for industrial uses. The rezoning action is consistent with the proposed land use amendment and the Land Development Regulations. Recommend approval of Ordinance No. 35-92 on first reading. - f~ /S-l ~ 5'-0 '. . . ORDINANCE NO. 35-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT, IN PART, IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 190 FEET WEST OF CONGRESS 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Th~t the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the MIC (Mixed Industrial and Commercial) District as defined in Chapter Four of the Land Development Regulations of De1ray Beach, Florida, to-wit: Southerly 145.14 feet of North 551.2 feet of Westerly 69.89 feet of E 322.4 feet of NW 1/4 of SE 1/4 lying north of and adjacent to SR 806, Section 18, Township 46 South, Range 43 East, together with: - West 69.4 feet of E 269.4 feet of North 406.05 feet of NE 1/4 of NW 1/4 of SE 1/4 lying west of Congress Avenue (Less North 159.63 feet), Section 18, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. The subject property is located on the north side of West Atlantic Avenue, approximately 190 feet west of Congress Avenue, Delray Beach, Florida. The above-described parcel contains 0.58 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. I Section 4. That should any section provision of this or 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 this the day of , 1992. MAYOR ATTEST: City Clerk . First Reading Second Reading ., . . , M. . Sf. W ;:) Z 1M > ~ @ ,," d~}'~ o~o~ ve:; ...J ~ Z ~ (,J . VI VI ..... I.IJ c," ar: LAND USE AMENDMENT " L...J u ~~ z ~ .(j ~+ 0 ITEM #31 z <:,,0 ~ u (ASSOCIATED REZONING) t _ - ~ V) Q: f5 a '" ~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # t~rt - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 36-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and \ placing land presently zoned R-1A (Single Family Residential) district in CF (Community Facilities) district; said land being located at the southeast corner of N.W. 3rd Avenue and N.W. 1st Street and the northwest corner of N.W. 2nd Avenue and N.W. 1st Street. The rezoning affects Lots 1-6 of Block 44 and Lot 16 of Block 43, Town of Delray plat. Lots 1-6 have been divided into nine tracts having separate ownership. Three of the tracts contain single family homes, the others are vacant. Lot 16 consists of two separate tracts and is vacant. The properties are to be included as part of the City's expanded tennis center/stadium. As R-1A zoning does not permit the proposed use, City initiated rezoning is necessary. The Planning and Zoning Board at their August 20th special meeting held a public hearing. Concerns were voiced with regard to the City's rezoning of property that it does not own and the potential impact of the tennis center/stadium. The Planning and Zoning Board recommended approval of the rezoning. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 36-92 on first reading. frwud- Id~ 5'-0 . ,. "--- ORDINANCE NO. 36-92 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 IS LOCATED AT THE SOUTHEAST CORNER OF N.W. 3RD AVENUE AND N.W. 1ST STREET AND THE NORTHWEST CORNER OF N.W. 2ND AVENUE AND N.W. 1ST STREET, 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 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Lots 1 thru 6, Inclusive, together with the 16 foot alley lying east of and adjacent thereto, and the 16 foot alley lying south of Lot 6, all in Block 44, City of Delray Beach (formerly Town of Linton), according to the Plat of the Subdivision of said Town of Linton on File in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3. Together with: Lot 16, and the 16 foot alley lying west of and adjacent thereto, Block 43, City of Delray Beach (formerly Town of Linton) , according to the Plat of the Subdivision of said Town of Linton on File in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3. The subject properties are located at the southeast corner of N.W. 3rd Avenue and N.W. 1st Street and the northwest corner of N.W. 2nd Avenue and N.W. 1st Street. The above described parcels contain 1.9 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to. be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. " - - Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading -2- Ord. No. 36-92 ,. o~ ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER ?iJj ~~ THRU: ID J. K VACS, DIRECT ~5LANNING AND ZONING FROM: PAUL DORLING' LANNER II SUBJECT: MEETING OF AUGUST 25, 1992 ORDINANCE REZONING 1.63 ACRES AT THE SOUTHEAST CORNER OF N.W. 3RD AVENUE AND N.W. 1ST STREET, AND THE NORTHWEST CORNER OF N.W. 2ND AVENUE AND N.W. 1ST STREET FROM R-1A (SINGLE FAMILY) TO CF (COMMUNITY FACILITIES) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting Lots 1-6 of Block 44 and Lot 16 of Block 43 of the Town of Delray plat from R-1A (Single Family Residential) to CF (Community Facilities). The property is a total of 1.62 acres in size. Lots 1-6 are located on the east side of N.W. 3rd Avenue between Atlantic Avenue and N.W. 1st St., and Lot 16 is located at the northwest corner of N.W. 2nd Ave. and N.W. 1st St. BACKGROUND: Lots 1-6 of Block 44 have been divided into 9 tracts having separate ownership. Three of the tracts contain single family homes, the others are vacant. Lot 16 of Block 43 consists of two separate tracts and is vacant. The properties are to be included as part of the City's expanded tennis center and stadium, and are in the process of being acquired for that purpose. The R-1A zoning does not permit the proposed use, therefore, the City Commission initiated the rezoning from R-1A to eF. " City Commission Documentation Ordinance Rezoning 1.63 Acres at the SE Corner of N.W. 3rd Avenue & N.W. 1st Street, & the NW Corner of N.W. 2nd Avenue & N.W. 1st Streetfrom R-1A to CF Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a special meeting on August 20, 1992. During the public hearing the following two members of the public spoke: Michael Brown, attorney for Lots 1-6, Block 44 who objected to the City rezoning property it does not own; and Nadiene Hart of 205 N.W. 2nd Street who was concerned about potential impacts of the accompanying Tennis Stadium Conditional Use request. The Board recommended approval of the rezoning on a unanimous 6 to 0 vote (Currie absent). RECOMMENDED ACTION: By motion, approve this ordinance on first reading to rezone Lots 1-6, Block 44 and Lot 16, Block 43 of the Town of Delray. plat from R-IA (Single Family Residential) to CF (Community Facilities). - Attachment: * P&Z Staff Report PD/CCTENRZ.DOC PLANNING & ZONING BOARD ~ITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 20, 1992 AGENDA ITEM: II.A. ITEM: Rezoning (R-1-A to CF) Properties along N.W. 3rd Avenue & N.W. 1st Street to be Used in Con;unction with the Expansion of the Municipal Tennis Center .J lL I Ie I 1 r- .. ~ . ~ J-- I ~ CITY HALL . ~ .. - . f-- I"- .. - f-- Ir- i-- - r-- '--- III II I f= T L ~~ J I+t rnmm~ .. .. COIIIIUMTY .. U Cl:HTtI - ou === SCHOO\. lll'=~ SQUAle I-- J >-- ,: ~ mrnr IIlIITfn1 . 11= I I I I: II II ITIJfj "' I "1'1'" ""'1'. lIlIlIIIDD ~ : III [JIO I I lTIIIUIlJIIll fTID J r lJJ]J Ir I . I I ...- . I ~H GENERAL DATA: Owners........................City of Delray Beach, Florida; Mose and Lizzie Bonds; Marie Duncan; A. M. and Rolene Gent; Marie Paschall, Est.; Oliver Clark; Myrtis Duncombe; A. J. and Gertrude Gamot; Roberta Garland; J. and Laura Nobles; Audrey Stevens, Est. Location......................Southeast corner of NW 3rd Avenue and Wft 1st Street; and the northwest corner of NW 2nd Avenue and NW 1st Street. Property Size.................1.63 Acres City Land Use Plan............Redevelopment Area .1 and Residential - Low Density (0-5 d.u./acre) Existing Zoning...............R-IA (Single Family Residential) Proposed zoning...............CF (Community Facilities) Adjacent Zoning........North: R-IA East: CF South: CF West: R-IA Existing Land Use.............Three Single Family Residences and vacant residential lots. Proposed Improvements.........Community Tennis Center. Water Service.... .............Existing 2" water main in NW 3rd Avenue, existing 8" main in NW 1st Street, existing 12" main in Atlantic Avenue, and an existing 10" main runs through the site. Sewer Service..... ...... ......Existing 8" sanitary sewer main in NW 3rd Avenue, existing 8" main runs through the II.A. site, and an existing 8" sanitary sewer . _... f_ '.... ":.",; , ~.. c::.._ :"' ""H.~ ~ - . ~~ I T EMS E FOR E THE S 0 A R D: The action before the Board is that of making a recommendation on a rezoning request from R1-A (Single Family Residential) to CF (Community Facility). The subject properties are Lots 1-6 of Block 44 and Lot 16 of Block 43 of Town of Delray Plat (formally Town of Linton Plat). Lots 1-6 are located on the east side of N.W. 3rd Avenue just north of Atlantic Avenue, while Lot 16 is located at the northwest corner of N.W. 1st Street and NoW. 2nd Avenue. SAC K G R 0 U N D: Lots 1-6 have been divided into 9 tracts each owned by a separate property owner. Three of the tracts contain single family homes. The balance of Lot 1 through 6 are currently vacant. Lot 16 is vacant and has been divided into two separate tracts which are owned by two out-of-town residents. These properties are to be included in the proposed expansion of the City Tennis Center. On July 28, 1992 the City Commission initiated the rezoning of Lots 1-6 of Block 44 from R-IA to CF. On August 4, 1992 the City Commission initiated rezoning of Lot 16 of Block 43 from R-IA to CF. The City is currently seeking ownership of the above properties. As the current R-1A zoning district does not allow tennis centers as a permitted or Conditional Use, a rezoning change to CF (Community Facility) is being sought. PRO J E C TOE S C RIP T ION: The rezoning request involves approximately 1.395 acres (Lots 1-6) and .238 acre (Lot 16) for a total of 1.633 acres. The proposed parcel is approximately 448.36' by 135.60' (Lots 1-6) and 135.60' by 76.5' (Lot 16) and located immediately west of the existing tennis center (Lots 1-6) and immediately west of the southern end of City Hall. The rezoning request is to accommodate the expansion of the existing Tennis Center from 12 courts (10 clay, 2 hard) to 19 courts (13 clay, 6 hard) with provision of additional parking. The expansion will be a two phased development with Phase I to include construction of 9 clay courts, 5 hard courts, a practice wall, tennis stadium, clubhouse, and 112 parking spaces. Phase II will include an additional 4 clay courts, 1 hard court and 23 parking spaces. Lots 1-6 will be utilized for additional courts while Lot 16 will be utilized as a surface water retention area. The rezoning request is accompanied by a Conditional Use request to establish a Tennis stadium on the existing Tennis center property. P&Z Staff Report . Tennis Center - Rezoning Lots 1-6, of Block 44 & Lot 16 of Block 43 of Town of Delray Plat Page 2 Z 0 N I N G A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is from R1-A (Single Family Residential) to CF (Community Facility). Lots 1-6 of Block 44 have a Land Use designation of Redevelopment Area #1 while Lot 16 has a Land Use designation of Low Density Residential 0-5 units per acre. Pursuant to the Future Land Use Element of the Comprehensive Plan, the eastern portion of the Atlantic Avenue redevelopment shall focus upon governmental and institutional uses thus building upon the current investments in the County Courthouse and City Hall expansion programs. Further, if development is proposed in a redevelopment area prior to the creation of a redevelopment plan, the proposals are considered on their own merit with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request. With respect to Lot 16, the allowable zoning designations which are deemed consistent with it's Low Density Residential Land Use designation are: - CF Community Facility (proposed zoning) - R-l Single Family Residential - RL Residential Low Density - PRO Planned Residential Development Pursuant to the purposed statement for CF zoning (Section 4.4.21(A)), the district is deemed compatible with all land use designations shown on the Future Land Use Map. The purposed statement further states that CF zoning is a special purpose zone district primarily intended for facilities which serve public and semi public purposes. Pursuant to Section 4.4.21(B)(2), within the CF zone district, tennis centers are allowed as permitted uses and tennis stadiums are allowed as Conditional Uses. The accompanying development request (Conditional Use) seeks approval of a "tennis stadium". , P&Z Staff Report Tennis Center - Rezoning Lots 1-6, of Block 44 , Lot 16 of Block 43 of Town of Delray Plat 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. Streets and Traffic: Pursuant to Section 2.4.5(0) with all rezoning requests, traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing and proposed zoning. The maximum development potential of 7 single family residences would generate approximately 70 average daily trips. It is noted that 11 separate properties exist yet some are undevelopable unless aggregated as they do not meet the 60' minimum lot width. The development of the lots for the tennis center expansion will result in an increase of 7 courts generating 33.33 trips per day with a total of 233.33 daily trips. The increase of 173.33 trips per day is considered insignificant on a 4 lane .divided roadway like Atlantic Avenue. Pursuant to the County-wide Traffic Performance Ordinance, development which generates between 201 and 500 daily trips must address impact on the roadways within .5 of a mile. The facility does not significantly impact Atlantic Avenue and therefore passes Test 1 , 2 of the County's Traffic Performance Code. Water: A 12" water main exists along Atlantic Avenue, an 8" water main exists along N. W. 1st Avenue, and a 10" water main traverses the existing tennis center. The tennis court expansion is expected to increase consumption of water. The existing 10 clay courts will be expanded to 13 clay courts. Currently, each clay court consumes approximately 3,000 gallons of water per day for proper surface maintenance (30,000 gallons per day). The increase of 3 clay courts will therefore represent a total increase of 9,000 gallons of water consumption per day. With expansion, an alternate court irrigation system is being investigated. This system consists of underground drip irrigation, and will require 300 gallons of water per court per day as opposed to the 3,000 gallons of water per court per day. A cost benefit analysis is being conducted to determine its economic viability. Sewer: An 8" sewer mains exists within N.W. 3rd Avenue and N.W. 1st Street. It also extends internal to the existing tennis center site. Expansion from 12 courts to 19 courts is not expected to create a significant impact. However, the associated tennis stadium with 8,200 temporary and permanent seats may have a significant impact. (See discussion under Conditional Use Analysis staff report.) P&Z Staff Report Tennis Center - Rezoning Lots 1-6, of Block 44 & Lot 16 of Block 43 of Town of Delray Plat Page 4 Parks and Open Space: Expansion of the tennis facility will, in-part, fulfill needs for public tennis courts which is created by population growth. The design of the facility creates a more "open" relationship to Atlantic Avenue thus promoting Open Space design Policies of the Comprehensive Plan. Solid Waste: Expansion from 12 courts to 19 courts is not anticipated to have any adverse effects on solid waste. However, a significant increase of the solid waste generated is anticipated with the operation of the tennis stadium. (See discussion under Conditional Use Analysis staff report.) Drainage: The tennis center is located . wi thin Wellfield Protection Zone 1 and 2. Pursuant to the County's Wellfield Protection Ordinance, the management of drainage and water retention is limited to surface retention, i.e. no exfiltration. . Given the intensity and limited surface retention area available on the site, this created a unique problem. Several options were explored, including possible retention in the grassed area in front of City Hall. This solution was discounted after it was found that the elevations of City Hall were higher than ~he tennis facility's elevation. Upon further review it was decided that Lot 16, located at the northwest corner of N.W. 1st Street and N.W. 2nd Avenue should be acquired and used for surface water retention. This lot was ideal as the natural elevations are lower than the surrounding area. Consistency: Compliance with the performance standards set forth in Section 3. 3 . 2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF wi thin stable residential areas shall be denied. (Housing Element A-2.4) This standard does not apply as a CF designation is being sought. Further, the adjacent neighborhoods south of N.W. 1st Street are designated redevelopment area. The neighborhood north of N.W. 1st Avenue is designated a rehabilitation and revitalization area. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impact. from the new use. '. . P&Z Staff Report Tennis Center - Rezoning Lots 1-6, of Block 44 & Lot 16 of Block 43 of Town of Delray Plat Page 5 The subject properties are currently zoned R1-A (Single Family Residential). To the north and west is property zoned R1-A (Single Family Residential), and to the south and east is property zoned CF (Community facility) (tennis center and City Hall complex). Compatibility concerns are noted to the north and west where the tennis center will abut residential uses. To mitigate this impact, a 10' perimeter landscape area along N.W. 3rd Avenue (except the north 84' thereof) is proposed. Within this landscape area, a hedge 4.5' in height at planting, and trees 25' on center are proposed. Along the north perimeter N. W . 1st Avenue will be closed and incorporated into this development proposal. (See closure discussion in this staff report.) A portion of the closed N.W. 1st Avenue will be converted into a landscape buffer area. This buffer area will consist of approximately 14' of landscaped area which will contain a hedge 4.5' high at planting, and trees 25' on center. The remainder of the closed portion of N.W. 1st Avenue will accommodate a portion of court 1 through 4, and their associated perimeter fences. Residential uses north of lot 16 will be further buffered by Lot 16 itself (76') as the lot will be a green dry retention area. LDR COMPLIANCE: Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicable reason for the rezoning is C, in that the CF zoned designation is more appropriate for the property given its location to the existing tennis facility and the need and obligations of the City to meet the recreational needs of its residents. Further, the CF district is deemed compatible with the Future Land Use Map designations. P&Z Staff Report Tennis Center - Rezoning Lots 1-6, of Block 44 & Lot 16 of Block 43 of Town of Delray Plat Page 6 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicab1e objectives are noted. Objective A-2: Park and recreation facilities shall be adequately and efficiently provided through implementation of the following policies: (b3) Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. (c5) POlicy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existinq facilities, and adding specialized items such as "tot lots" to existing facilities. The refurbishing of the existing tennis courts as well as the expansion and creation of a first class tennis facility meets the policies and objectives expressed above. REV I E W B Y 0 THE R S: The rezoning is in a geographic area requiring review by the CRA (Community Redevelopment Agency). In addition, as a courtesy to the DDA (Downtown Development Authority), the project was also presented to them for their review. If the rezoning is approved, a site plan for the tennis center expansion must be submitted for review by the Site Plan Review and Appearance Board. Community Redevelopment Agency: The Community Redevelopment Agency reviewed the Rezoning request, the related tennis center expansion, and Conditional Use request to establish a tennis stadium at their meeting of August 6, 1992. They recommended approval of the requests. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Debra Wright of the West Atlantic property owners and to the Delray Merchants Association who have requested notification of petitions in that area. '. P&Z Staff Report Tennis Center - Rezoning Lots 1-6, of Block 44 , Lot 16 of Block 43 of Town of Delray Plat Page 7 ASS E SSM E N T AND CON C L U S ION: The rezoning of Lots 1-6 of Block 44 and Lot 16 of Block 43 to CF meets the required findings of Section 3.1.1. Approval of the rezoning request will allow the expansion of the tennis facility which implements the goals and policies of the Comprehensive Plan to provide services to the residents of the City of Delray. The expansion of the tennis center will not only allow the City to attract a major national tournament, but will provide the citizens of Delray Beach with a world class, facility for junior matches, special events, and everyday use. The national exposure of a facility of this type is invaluable to the City's overall development goal of being a "City set apart in South Florida". A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfill at least one of the reasons listed. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). S T A F F R E COM MEN D A T ION: Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). PD/RETI.DOC ,. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'fv1 I SUBJECT: AGENDA ITEM # I~~ - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 37-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned CBD (Central Business District) in CF (Community Facilities) district; said land being located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street. We are currently negotiating the purchase of this property for the construction of an In-Line Master Pump Station. The Master Pump Station is listed as a mandatory need in the Comprehensive Plan. This proposed station will replace the one currently located at Veteran's Park. As this use is not permitted in the CBD zoning district, rezoning is required. The Planning and Zoning Board at their August 17th meeting recommended approval of the rezoning. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 37-92 on first reading. fruuwfL /sI~ 5-0 '. . ~ . ------------ ORDINANCE NO. 37-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE AND N.E. 3RD STREET, 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 TaE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: A portion of Block 90, L.R. Benjamin's Subdivision, according to the Plat thereof recorded in Plat Book 12 at Page 18 of the Public Records of Palm Beach County, Florida, and a portion of the Florida East Coast Railway right-of-way as shown on Model Land Company's Subdivision of Block 98, and that part of Block 90 lying east of the Florida East Coast Railway right-of-way, Town of Delray Beach, Florida, according to the plat thereof recorded in Plat Book 9 at Page 33 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 1, of said L.R. Benjamin's Subdivision and run on an assumed bearing of SOOOi8'39"W. along the east line of Lots 1, 2 and 3 for 137 00 feet; thence run N880 49'54"W. for 94.42 feet; thence N09045'36"E. along a line 50.00 feet westerly of as measured at right angles to the west lines of said Lots 1, 2 and 3 for 138.54 feet; thence S88049'54"E. along the westerly extension of and north line of said Lot 1, L.R. Benjamin's Subdivision for a distance of 71.67 feet to the Point of Beginning. The subject property is located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street, Delray Beach, Florida. i The above-described parcel contains 0.26 acres of ! land, more or less. I Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ., Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading - -2- Ord. No. 37-92 tJt( ffJvj I C I T Y COM MIS S ION DOC U MEN TAT ION TO: C0I:~ MANAGER THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING '~1li.-tv1t(_duv FROM: Jl ET MEEKS, PLANNER II SUBJECT: MEETING OF AUGUST 25, 1992 ORDINANCE REZONING 0.26 ACRES FROM CBD ( CENTRAL BUSINESS TO CF (COMMUNITY FACILITY) FOR THE IN-LINE MASTER PUMP STATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of - approval of the rezoning ordinance from CBD (Central Business District) to CF (Community Facilities). The property is located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street. BACKGROUND: The City is currently negotiating the purchase of the subject property for the construction of an In-Line Master Pump Station. The master pump station is listed as a Mandatory need in the Comprehensive Plan. The construction of this facility is needed in order to accommodate new development based upon a level of service standard deficiency. This type of facility is not listed as a permitted use in the CBD (Central Business District) , therefore, a change of zone is required. The most appropriate zoning designation for the use is CF (Community Facilities). The City Commission initiated this rezoning at its July 28, 1992 meeting. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992 and unanimously recommended approval of the rezoning on a 5-0 vote (2 members absent). '. city Commission Documentation Rezone of property from CBD to CF for the Mater Pump Station Page 2 RECOMMENDED ACTION: By motion, approve this ordinance on first reading to rezone the subject property from CBD (Central Business District) to CF (Community Facilities). Attachment: P&Z Staff Report _. * P'LANNING & ZONING BOARD CITY OF DELRA Y B,-ACH --- S . AFF REPORT --- Mc.:TING DATE: Au~ust 17, 1992 AGENDA ITEM: IILB.4. ITEM: Rezonin~ from CBD to CF for Master Booster Station Site, Southwest Corner of N.E. 4th Avenue & N.E. 3rd Street J , - w - ~ - - N.E. 3RD ST. ~r w 'C ~ ~ ,- ~ = Q ~ Z - fit Q cJ . 01: W W - . . w N '" .. :z .., J J - z Z - \--..:NERAL DATA: Owner.........................City of Delray Beach, Florida Agent.........................william H. Greenwood Director, Environmental Services Location......................southwest corner of NE 4th Street and HE 3rd Avenue. Property size.................O.26 Acres city Land Use Plan............Commercial Core Existing Zoning...............CBO (Central Business District) Proposed Zoning...............CF (Community FaCilities) Adjacent Zoning........North: CBO East: CBO South: CBO West: ceo Existing Land Use.............Vacant, with a semi-improved parking area. Proposed Improvement..........Relocate main booster station for the City's sewer system. Water service.................Existing 16" water main along HE 3rd Street and an existing 2" line along HE 4th Avenue. Sewer Service.................Existing 36" and 24" sanitary IILB.4. sewer force mains along NE 3rd S~~I?~t. '. I T E M B E FOR E THE BOARD: The item before the Board is that of making a recommendation on a proposed rezoning from CBD (Central Business Center) to CF (Community Facilities). The subject property is located at the southwest corner of N.E. 4th Avenue and N. E . 3rd Street and contains approximately 0.26 acres. BACKGROUND: The subject property was originally platted in 1923 as part of the Model Land Company's subdivision. Lots 1,2 and 3 were replatted in 1925 as part of the Benjamin's Subdivision. No other development history has occurred on the site, except for an off-site parking lot for the Elks Lodge-located across N.E. 4th Avenue. The City is currently negotiating the purchase of the subject property for the construc~ion of an in-line booster master pump station. This pump station will eliminate the need for the existing master lift station at Veteran's Park. . - The City Commission initiated the change in zoning from CBD (Central Business District) to CF (Community Facilities) at its July 28, 1992 meeting. The petition is now before the board for a recommendation. D EVE LOP MEN T PRO P 0 S A L : The development proposal is to remove the existing asphalt and construct a 2,000 sq. ft. building. The building will consist of a pump room, electrical room, emergency generator room and a fuel storage area. A driveway will be provided from N.E. 3rd Street along with two parking spaces. This type of facility is not listed as a permitted use in the CBD zoning district, therefore, a change of zone is required. The most appropriate zoing designation for the use is CF. Z 0 N I N G A N A L Y S IS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minute.. Findings shall be made by the body which has the authority to approve or deny the development application. These finding. relate to the following four area.. . P&Z Staff Report Master Lift Statio. page 2 Future Land Use Map: The use structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property is currently zoned CBD. The proposed CF district is a special purpose zone district primarily intended for facilities which serve public and semi-public needs. Pursuant to Section 4.4.21(B)(1), public utility facilities e.g. lift stations are allowed as a permitted use. The property has a Commercial Core Land Use Plan designation. Pursuant to Section 4.4.21(A), the proposed zoning of CF (Community Facilities) is deemed compatible with all land use designations shown on the Future Land Use Map. Concurrency: Facilities which are provided by, or through the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed facility is to operate mechanically, except for routine maintenance. Therefore, the facility will not have an- impact on level of service standards. Consistency: Compliance with the performance standards set forth in Section 3.3.2, 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. Section 3.3.2 Standards for Rezoninq Actions: The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: B) Performance Standard 3.3.2(D) states: That the rezone shall re.ul t in allowing land u.e. which are deemed compatible with adjacent and nearby land u.e both existing and proposed: or that if an incompatibility may occur, that sufficient regulation. exist to properly mitigate adver.e impact. from the new us.. The surrounding zoning (north, south east and west) is CBD. Directly west of the site is the FEC railroad, to the south is a parking lot, to the north is industrial land use (sign company, contractor) and to the east is a lodge. The master pump station is to be enclosed in a concrete block structure which will be heavily landscaped. Since the facility will be operated mechanically there should be little or no adverse impact on the surrounding land uses. . '. P&Z Staff Report Master Lift Statio. Page 3 Construction on this parcel will diminish off-street parking for the Lodge by approximately 14 spaces. To our knowledge there is no legal tie between the Lodge and this off-site parking area. Since Lodge activities are normally conducted in the evening (when abundant on-street parking is available), the rezoning (and subsequest development) should not be detrimental to existing land use. Comprehensive Plan Policies: A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies are noted: Capital Improvement Element: Under the inventory section of the Capital Improvement Element, the Master Lift Station is categorized as a Mandatory need. Mandatory needs must be met in order to accommodate new development based upon a level of service standard deficiency. Policy A-I. 3 The ~ty shall continue to use revenue bonds funded by the water and sewer fund in order to provide for the reconstruction and upgrading of critical components of the water and sewer systems. "- Public Facility Element: Ob1ective C-2: Upgrading of current sewer collection facilities shall occur on an accelerated schedule and shall be funded through a utility revenue bond. * Under the Requirement for Capital Improvement Implementation, a revenue bond in the amount of $22,000,000 has been issued to meet the needs identified in the Public Facilities Element. The master lift station conversion has been allocated $1,500,000. LOR Compliance: 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. These reasons include the following: 1. That the zoning had previously been changed, or was originally established, in error; 2. That there haa been a change in circumstance which makes the current zoning inappropriate; 3. That the requeated zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate tor the property based upon circumstances particular to the site and/or neighborhood. P&Z Staff Report Master Lift Stati(".. Page 4 Pursuant to Section 2.4.5(d)(5), the City Commission is required to make a finding that the petition will fulfill one of these reasons: A major criteria for the selection of the site, was that it be located next to the 36" force main that leads to the South Central Regional Plant. Three sites were selected which met this criteria. Two of the sites were located in residential areas, the third site which is located in the CBD zone district was selected, as it would have the least impact on the surrounding land uses. The applicable reason is "3" above, the requested zoning is based upon circumstances particular to the site and/or neighborhood. Also, that the CF zoning is of similar intensity as allowed under the Future Land Use Map. REVIEW B Y o THE R S : Community Redevelopment Aqency: - At its meeting of August 6th, the Community Redevelopment Agency reviewed the petition and unanimously recommended approval for the subject property to be rezoned from CSD (Central Business District) to CF (Community Facilities). Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. ASS E SSM E H T AND C 0 H C L U S ION S : The master lift station is listed as a mandatory need in the Comprehensive Plan. The construction of the facility is needed in order to accommodate new development based upon a level of service standard deficiency. The subject property is the most suitable location for the facility, however, the caD zoning is inappropriate for the proposed use. The requested zoning of CF (Community Facility) is more appropriate based upon circumstances particular to the site. ALTERNATIVE ACT ION S : A. Continue with direction. S. Recommend that the City Commission approve the rezoning from CBD (Central Business District) to CF . (Community Facilities). C. Recommend denial with reasons stated. '. P&Z Staff Report Master Lift Static,.. Page 5 S T A F F R E COM MEN 0 A T ION : By Motion, recommend that the City Commission approve the rezoning from CaD (Central Business District) to CF (Community Facilities). Attachment: * Location Map - - jcm/Y:BOOSTERl - - ' JI , I . ,36" (1:..) ~ - \. ... A j r--. )I.t.. ~t<IJ ~ I.' __ ________ ~~ ..... ~ " _-------- -\-f------- ".:" .- :.:::::::::::. :.:.:.-: ~:.:.:.- __..:.::::.-=.:~.J-------,..,..... ___-...?__-___ -___-_-_-_-___-_- ------- --..;;;; ---- I :7 y --------------2- 'f'='\K----- "1 ~ ~ ~ J I Ire , I C~ 5 o CD I ~ I . J- I L&J.. ::J > 1xl 0 I ~ ~ I I I J- >- . I "It.. 3: 1>- m I ~ 0:'. . . m,.. ~ ~ 1 I' 1 ~ "',- ~) ;i \...I. I Z ~ \-. .~ 3 CI~ ~ ~ .... l~ c~ '-' 24PO," ~ , ~ T =- /1 J I to ~ I .. w -- 1m z .. m I' '" I ~ - N - ; ^ 6"V ~A J ~ y~ l~ -t11"\ ., I .. ... 1 1 c::.' 1 c::." ,.frJA. .. _" ~ ~ 1_: ~ 'f IIIW L.J I ~ ..... - · ~;,. ~ c:.1';;J... ~ oJL..J I :!!' ~ ~ ~l:)- V "" ~I" 6 "V ~ ., ~ N.E. 2ND ST. l~ ~ S"X6"RED. - j j , " .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M. SUBJECT: AGENDA ITEM i l~~ - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 38-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in RM (Multi-Family Residential) district; said land being located on the west side of Florida Boulevard, between Dogwood Drive and Avenue "C". This rezoning affects the east 100 feet of Lots 34-44 and the south 25 feet of Avenue C which is located immediately behind the Delray Plaza. The rezoning request is a housekeeping measure to alleviate inconsistencies between the Land Use Map and Zoning Map. When the Comprehensive Plan was adopted in November 1989, the Land Use Designation for this property was changed from Commercial to Transitional. Subsequently, when the Land Development Regulations were adopted in October 1990, the zoning designation for this property was changed from SC (Specialized Commercial) to PC (Planned Commercial). PC zoning is not consistent with the Transitional land use designation; therefore, the RM zoning designation is proposed fOF this property. The Planning and Zoning Board at their August 17th meeting recommended approval of the rezoning. Two letters of support were received from Tropic Bay Condominium Apartment Association, Inc. and an adjacent property owner. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 38-92 on first reading. f(2lJlJlLL Iff ~ 5-0 '. '. . . ,. ORDINANCE NO. 38-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN RM (MULTI-FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN DOGWOOD DRIVE AND AVENUE "C", AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING GLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Multi-Family Residential) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: : The East 100 feet of Lots 34 through 44, Inclusive, Block 36, and the South 25 feet of the abandoned - Avenue "C" lying north of and adjacent thereto, Del Raton Park, as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of Florida Boulevard, between Dogwood Drive and Avenue "C", Delray Beach, Florida. The above-described parcel contains 0.69 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading . Second Reading , , , M ST1UE'T , I ,lIilllllll i II I I - I" II - I 1 I I I L....J "_ _ ~ I .. ____ - I ---- - TRANSFER = - I I I I I I mn~ _ - = -~ II I I I I - ""-- ~ - - II" !IIlIIIIIIIIIII '- /:: ~: V-- / I I I I I I I I 'fJ II I ~ I - ~ .OUNDEI STIlET 'J..J.J1J I I I t:=: = /. \ I I I I WILLER - AVENUE A lo000o- = l--. ,.ARK , I I -- I ---Ifill I AWMANIIA IlItIVE J~ _\IIT It ; I J ED WORSE rl --- I I I I' I I ,~~ . ,1 ~ \111 I I ~~I SHERWOOD DEWY ! --- I 1 r 1 I I DAIHUTSU PLAZA i ~ t ): :. C'T".US DlWr % SHERWOOD ~ ~ \ I I I I I PONnAC :::J ~ ~ ~ ] _ -~ l ~r/111 I - - "...... I - ~ SHERWOOD ~ - GWC TRUCICS >>TROPIC w I _ L RALPH BUICK' BAY i ~ _ A~'" '" ~ ....... "- .:::: == I -_ ~ ......... - - ~ - - ... ~ AvrNUl 0 _ L -/ -... ~~~l t: .:: ~ REZONING ' \ ~.;r IJ r ~ to- FROM" PC" TO "RM" '" ~ - "'-, ....... i .. I v-I.. t--::: -1 ~~, I J 00.....- l I j~ 'T r co.wENIA ,. ~ ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: ' ~ T. HARDEN, CITY MANAGER , ~J~~ THRU: '--. D J. KOV C , DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, PLANNER II ~ ~AjM SUBJECT: MEETING OF AUGUST 25, 1992 ORDINANCE REZONING .69 ACRES ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN DOGWOOD DRIVE AND AVENUE "c" FROM PC (PLANNED COMMERCIAL) TO RM (MULTIPLE RESIDENTIAL) : ACTION REQUESTED OF THE COMMISSION: - The action requested of the City Commission is that of approval of the rezoning ordinance affecting the east 100' of Lots 34-44, Block 36 and the south 25' of Avenue C vacated by Official Record Book 1765, Page 547 from PC (Planned Commercial) to RM (Multiple Family Residential). BACKGROUND: On November 28, 1989 the City Commission adopted a new Comprehensive Plan via Ordinance 82-89 which made City-wide changes to many land use designations. This property's land use designation was changed from Commercial to Transitional. The zoning designation on the property was changed from SC (Specialized commercial) to PC (Planned Commercial) in October, 1990 with the City-wide rezonings associated with the adoption of the LDR's. Recently, when reviewing the Future Land Use Map and the zoning map, inconsistencies between this parcel's zoning and land use designations were identified. On July 28, 1992 the City Commission initiated this rezoning along with several others relating to inconsistencies between the two maps. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992. No members of the public spoke during the public hearing. Two letters of support were received from Tropic Bay Condominium Apartment Association, Inc. and an adjacent property owner. The Board recommended approval of the rezoning on a 5 to 0 vote (two members absent). " City Commission Documentation Meeting of August 25, 1992 Page 2 RECOMMENDED ACTION: By motion, approve this ordinance on first reading to rezone the east 100' of Lots 34-44 of Block 36 along with the south 25' of Avenue C vacated by Official Records 1765, Page 547 from PC to RM based upon findings as made by the Planning and Zoning Board. ~ Attachment: * P&Z Staff Report PD/T: DPLAZA. DOC : - . PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: August 17. 1992 AGENDA ITEM: III. Bolo ITEM: Rezoning from PC to RM for a Portion of the Delray Plaza (i.e. the Vacant Lot to the Rear Located on the West Side of Florida Boulevard) EO NORSE CADlUAC >- ~ ~ AVI:. C " X SH ERWOOD .... DEWY DAIHUTSU ~ PLAZA w e I&. SHERWOOD PONTIAC GENERAL DATA: Owner.........................Robert Wiebelt, TR. Location......................On the west side of Florida Boulevard, between Dogwood Drive and Avenue "C." Property Size.................O.69 acres City Land Use Plan............Transitional Existing Zoning...............PC (Planned Commercial) Proposed zoning...............RM (Multi-Family Residential) Adjacent Zoning........North: RM East: RM South: AC (Automotive Commercial) West: PC Existing Land Use.............Vacant, partially paved. Proposed Land Use.............None Water Service.................Existing 6" water main along the south side of the property. Sewer Service.................Existinq 8" sanitary sewer line along west side of Florida IILB.I. Boulevard. " I 'I' E M B E r 0 R E THE BOA R 0: - The action before the Board is that of making a recommendation on a rezoning from PC (Planned Commercial) to RM (Multiple Family Residential). The subject property is the east 100' of Lots 34-44 of Block 36 of Del Raton Park Plat along with the south 25' of Avenue C vacated by Official Records 1765 at page 547. The property is located immediately behind the De~ray ,.-,Pla~a.. ~t the~ ~o~tb.west corner of Florida Boulevard and Avenue C. B A C K G R 0 UNO: Prior to 1984 the site was in the County. The site was annexed into the City on January 10, .1984 via. Ordinance No. 88-83 and given an initial zoning designation of RM-lS (Residential Medium) . A site plan addition of 11,730 sq. ft. of retail area was approved to the Delray Plaza to the west which involved encroachment of the Plaza's parking, 15' into Lots 34-43. This encroachment was approved via a Conditional Use approval granted on January 10, 1984. - In June, 1986 the Planning and Zoning Board recommended approval of a Land Use Plan Amendment from RM to Commercial along with a rezoning from RM-1S to SC (Specialized Commercial) to accommodate a storage building expansion for the Delray Plaza. In November, 1986 the City Commission approved the Land Use Plan Amendment and Rezoning. On September 15, 1987 the Planning and Zoning Board recommended denial of a site plan and Conditional Use request for the storage building expansion on this parcel. On October 13, 1987 the City Commission reviewed a revised site plan and remanded the item back to the Planning and Zoning Board. In November, 1987 the Planning and Zoning Board reconsidered the proposal and determined the Conditional Use was appropriate and continued action on the site plan. A further continuance was requested by the applicant and granted in December, 1987. In January, 1988 the Board deadlocked (3-3 vote) on a motion to approve the site plan. The City Commission denied the Conditional Use and site plan request on February 9, 1988. On November 28, 1989 the City Commission adopted a new Comprehensive Plan via Ordinance No. 82-89 which made City-wide changes to many Land Use designations. This property's Land Use designation was changed from Commercial to Transitional. The zoning designation on the property was changed from SC (Specialized Commercial) to PC (Planned Commercial) in October, 1990 with the City wide rezonings associated with the adoption of the LOR's. " P&Z Staff Report Del Raton Park Plat, Lots 34-44 of Block 36 - Rezoning Page 2 Recently, when reviewing the Future Land Use Map and the zoning map, inconsistencies between this parcel's Zoning and Land Use designations were identified. On July 28, 1992 the City Commission initiated this rezoning along with several others relating to inconsistencies between the two maps. ~ ~ ~ ,. . PRO J E C T DES C RIP T ION: The rezoning request involves approximately 30,000 sq. ft. or .688 acres (Lots 34-44 and the south 25' of Avenue C less the western 15' thereof) of Del Raton Park plat. The proposed parcel is approximately 300' by 100' and located at the southwest corner of Avenue C extended and Florida Boulevard. The rezoning request is a "house keeping" measure to alleviate inconsistencies between the Land Use Map and the Zoning map. Z 0 N I N G A N A L Y S I S: : REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain finding. must be made in a form which is part of the official record. Thi. may be achieved through information on the application, the staff report, or minute.. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The Future Land Use Map designation for the property is "Transitional". The allowable zoning designations which are consistent with the "Transitional" Land Use designation are: - POC Planned Office Center - NC Neighborhood Commercial - R-1 Single family Residential - RL Residential Low Density - RM Multiple Family Residential (proposed zoning) - MH Mobile Home - PRO Planned Residential Development - POD Professional Office Development - RO Residential Office - CF Community Facility " P&Z Staff Report Del Raton Park Plat, Lots 34-44 of Block 36 - Rezoning Page 3 The site is currently zoned PC (Planned Commercial) which is inconsistent with the current Land Use designation of "Transi tional" . The proposed zoning designation of RM (Multiple Family Residential) will be consistent with the Transitional Land Use designation. As the property is vacant whether the use or structures are allowed in the zoning district is not applicable. - -- .~ --.. _ .. _ _. ,:......, ...__ 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. As the change in zoning is not accompanied by a development proposal the action will have no effect on concurrency. However, in general the intensity on facilities will be less with development under the proposed zoning of RM (Multiple Family Residential) than the existing zoning of PC (Planned Commercial). Approval of any future development proposals will require a positive finding with respect to concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2 .4 .5 (D) (5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF wi thin stable residential areas shall be denied. (Housing Element A-2.4) This standard does not apply as the area is not within a stable residential area. Within the Housing Element the residential area immediately to the east is noted as a stable residential area. The change in zoning to RM will be compatible with adjacent residential properties and eliminate the possibility of commercial development adjacent to the stable neighborhood. C) Addi tlonal strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. . . P&Z Staff Report Del Raton Park Plat, Lots 34-44 of Block 36 - Rezoning Page 4 The current commercial zoning designation and configuration of the parcel could lend itself to strip commercial development. With the change of zoning to RM (Multiple Family Residential) the parcel could not be developed for commercial purposes. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned PC (Planned Commercial). To the north and east the property is zoned RM (Multiple Family Res idential) , AC (Auto Commercial) to the south and PC (Planned Commercial) to the west. The surrounding land uses are vacant and a single family home to the east, Delray Plaza to the west, Ralph Buick Dealership to the south and a multi-family building to the north. - With the existing zoning of PC, compatibility concerns are noted to the north and east where the property abuts residential uses. The changing of the zoning to RM (Multiple Family Residential) will be compatible with the multi-family use to the north and act as a transitional zoning between the commercial uses to the west and single family uses to the east. LDR COMPLIANCE: Section 2.4.S(D)(S) (Rezoninq Findinqs): Pursuant to Section 2.4.S(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. " P&Z Staff Report Del Raton Park Plat, Lots 34-44 of Block 36 - Rezoning Page 5 The applicable reasons are a and c pursuant to the following: The zoning designation given the property in October, 1990 was in error as it is inconsistent with the Future Land Use Map designation of "Transitional" affixed to the property on November 28, 1989. _In. addition, as access to this ~ property, is limited to a residential street (Florida Boulevard) development of even limited commercial uses which are consistent with "Transitional" (1.e. Neighborhood Commercial) is inappropriate. The parcel should therefore be rezoned to a residential designation consistent with the "Transitional" Land Use designation i.e. RM (Multiple Family Residential). The requested RM (Multiple Family Residential) zoning is of similar intensity as the underlying "Transitional" Land Use designation. The proposed residential zoning designation is more appropriate given the parcel's limited access via a residential street, surrounding multi-family and sing1.e family uses and policies against further development df strip commercial property. - A review of the objectives and policies of the adopted Comprehensive P Ian was conducted and the following applicable objectives are noted. Land Use Objective A-l: Vacant property shall be developed in a manner so that future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The proposed zoning change to RM would allow for Medium Density residential development which is compatible with adjacent residential uses to the north and east. The Medium Density residential uses will be complimentary to adjacent land uses as it will act as a transitional buffer between the existing residential uses and the commercial uses to the east. Land Use Policy A-l.3: Additional strip commercial zoning on vacant land shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial uses or zoning exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The rezoning of this parcel from PC to RM will avoid potential strip commercial development on this parcel. ;. Given the configuration of this parcel, strip development under the current zoning designation of PC (Planned Commercial) is probable. , . P&Z Staff Report Del Raton Park Plat, Lots 34-44 of Block 36 - Rezoning Page 6 REV I E W B Y o THE R S: The rezoning 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) . . . . - -..,; - .-,,-- .-~ - -'-' Neiqhborhood Notice:' --- ! . 1 f" . I: l: ., . ~.: !.~ ~ ~ ~ : : ::_---1 , . ~ . : I -1 -- --- Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Debbie Weaver of the Tropic Isles Homeowners Association who has requested notification of petitions in that area. ASS E SSM E N T AND CON C L U S ION: The rezoning action was initiated by the City Commission to bring the zoning map designation for this property into conformity with the existing Future Land Use Designation. Given the limited access (via a residential street) and policies against strip commercial uses, development of this parcel with a commercial use is inappropriate. The most compatible zoning district which is consistent with the Transitional Future Land Use Map designation is the RM (Multiple Family Residential) designation as requested. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning wi th reasons stated and recommend initiation of a Future Land Use Amendment (Transitional to General Commercial) to bring the Zoning and Future Land Use Maps into conformity. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). S T A F F R E COM MEN D A T ION: Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). PD/PLAZA1.DOC ., ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Z?v1 SUBJECT: AGENDA ITEM #1 d-~ - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 39-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned RM (Multi-family Residential) district in R-1AA (Single Family Residential) district; said property being located on the southwest corner of Brooks Lane and Ocean Boulevard. During the preparation of Comprehensive Plan Amendment 91-2 staff discovered a discrepancy between the RM zoning and Low Dens i ty Land Use designation applied to this property. It was determined to be more appropriate to modify the zoning than to change the Plan designation. Three single family homes have been constructed on this site. The Planning and Zoning Board at their August 17th -' ftleeting recommended approval of the rezoning. A detailed staff report is attached as backup material for this item. . R~commend approval of Ordinance No. 39-92 on first reading. : t~ /sr~ ~-O " . ,. -----------.----------- ORDINANCE NO. 39-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTI-FAMILY RESIDENTIAL) DISTRICT IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE SOUTHWEST CORNER OF BROOKS LANE AND OCEAN BOULEVARD, 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 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the R-lAA (Single Family Residential) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Lots 1 thru 3, Inclusive, South Ocean Park, as recorded in Plat Book 61, Page 132 of the Public Records of Palm Beach County, Florida. The subject property is located on the southwest corner of Brooks Lane and Ocean Boulevard, Delray Beach, Florida. The above-described parcel contains 0.63 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions or 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 this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading , '. ~ '1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: QD T: HARDi CITY MANAGER THRU: U~ACS'( ~CTOR DEPARTMENT OF PLANNING AND ZONING I' ,., ! FROM: PAUL CORLING, PLANNER II;;'0. iv'1hu/Jl SUBJECT: MEETING OF AUGUST 25, 1992 ORDINANCE REZONING .63 ACRES AT THE SOUTHWEST CORNER OF BROOKS LANE AND OCEAN BOULEVARD FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO R-lAA (SINGLE FAMILY) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting Lots 1-3 of the South Ocean Park Plat from RM (Multiple Family Residential) to R-1AA (Single Family). The property is .62 acres in size and is located at the southwest corner of Brooks Lane and Ocean Boulevard. BACKGROUND: On November 28, 1989 the City Commission adopted:a Future Land Use Plan via Ordinance No. 82-89 which made City-wide changes relating to the adoption of the City's new Comprehensive Plan. The land use designation for the subject property was changed from MF-M (Multi-Family Medium Density, maximum 5 units per acre) to Low Density 0-5 units per acre. In 1990, three single family homes were constructed on the site. In preparing Plan Amendment 91-2, the discrepancy between the RM zoning and Low Density Land Use was identified. It was determined to be more appropriate to modify the zoning than to change the Plan designation. On July 28, 1992, the City Commission initiated this rezoning along with several others relating to inconsistencies between the two map~. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992. No members of the public spoke during the public hearing. The Board recommended approval of the rezoning on a 5 to 0 vote (2 members absent). . City Commission Documentation Ordinance Rezoning Southwest Corner of Brooks Land and Ocean Blvd. Page 2 RECOMMENDED ACTION: By motion, approve this ordinance on first reading to rezone Lots 1-3 of South Ocean Park Plat from RM (Multiple Family Residential) to R-lAA. Attachment: * P&Z Staff Report T:BROOKS2 '. PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: August 19, 1992 AGENDA ITEM: III.B.2. ITEM: Rezoning from RM to R-IAA for the South Ocean Park Subdivision, Located at the SW Corner of Brooks Lane & A-1-A 'ct Z >- - 'ct 4: 'ct 4.J ~ '" 0:: 0 W I- 4: U ~ ;:= ...J Z 4: j' l- I/) I- 4: <C{ 0 U 4: 0:: I- Z -H - GENERAL DATA: Owners. . ... . . .... . . . . . . . . . . . . . William Seach; Edward and Hazel Caputo; and Antonio Lucivero and Earnest Yungling. Location......................Southwest corner of Brooks Lane and Ocean Boulevard Property Size.................O.63 acres City Land Use Plan............Residential - Low Density (0-5 d.u./acre) Existing Zoning...............~~ (Multiple Family Residential - Medium Density) Proposed Zoning...............R-lAA (Single-Family Residential) Adjacent Zoning........North: R.~ East: RM South: R-1AA West: R-lAA Existing Land Use.............Three Single Family Residences. Proposed Land Use.............Three Single Family Residences. Water Service.................Existing 8" water main along Ocean Boulevard and an existing 4" water main in Brooks Lane. Sewer Service.................Existlng 8" sanitary sewer line in Brooks Lane and an existing 12" III. B.. sanitary sewer line in Ocean - . . . _ _ ..J I T E M B E r 0 R B THE BOA R 0: The action before the Board is that of making a recommendation on a rezoning from RM (Residential Medium) to R-lAA (Single Family Residential). The subject property is Lots 1, 2 and 3 of South Ocean Park Plat located on the southwest corner of Brooks Lane and A-1-A. SAC It G R 0 U N D: Prior to 1988 this property was in the County and contained a single family home. In 1986, the Planning and Zoning Board held public hearings in which City Land Use designations were assigned to County parcels within the City Planning area.. On July 21, 1986 the Planning and Zoning Board recommended a Land Use designation of Multi-family (6 units per acre) for this parcel. On August 12, 1986 the City Commission approved a Land Use designation of Multi-family Moderate Density (MF-M) and assigned a cap of five units per acre to this parcel. The recommendation was sent to DCA (Department of Community Affairs) for review. After review by the State, the City Commission passed Ordinance No. 128-86 on first and second readings on December 2, 1986 and December 16, 1986 respectively. In March, 1988 a voluntary annexation and initial zoning to RM (Residential Medium) was requested by the property owner. The Planning and Zoning Board recommended approval on April 18, 1988. The City Commission approved the annexation and initial zoning on first and second readings on April 26, 1988 and May 24, 1988. In May, 1988 the applicant submitted a preliminary plat request to establish a duplex and a triplex on the site. The applicant was informed that a plat was premature as the triplex (multi-family development) would require a site plan approval. In June, 1988 the applicant submitted a preliminary plat request for two single family homes and a duplex. At its meeting of September 19, 1988 the Planning and Zoning Board approved the preliminary plat and certified the submission as an adequate final plat. At the City Commission meeting of October 11, 1988 objections to the proposed duplex were raised by the Beach Property Owners Association, and the City Commission denied the plat. On November 8, 1988 the City Commission directed staff that upon preparation of a plat showing three single family homes the plat would be reconsidered by the City Commission. The City Commission reconsidered the final plat for three single family homes on November 22, 1988 and approved the South Ocean Park Plat. . P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning page 2 On November 28, 1989 the City Commission adopted a Future Land Use Plan via Ordinance No. 82-89 which made City wide changes relating to the adoption of the City's new Comprehensive Plan. This property was changed from MF-M (Multi-family Medium Density, maximum 5 units per acre) to Low Density 0-5 units per acre. In 1990, three single family homes were constructed on the site. In preparing Plan Amendment 91-2, the discrepancy between the RM zoning and Low Density Land Use was identified. It was determined to be more appropriate to modify the zoning than to change the Plan designation. On July 28, 1992 the City Commission initiated this rezoning along with several others relating to inconsistencies between the two maps. PRO J E C T D B S C RIP T ION: ; The rezoning involves approximately .664 acres (28,921 sq. ft__ ) which is Lots 1, 2 and 3 of South Ocean Park Plat. The parcel is approximately 151' by 209' and located at the southwest corner of Brooks Lane and A-I-A. The rezoning request is a "house keeping" measure to alleviate inconsistencies between the Land Use Map and the Zoning map. Further, the zoning change will apply a zoning designation which is consistent with the existing use on the property. Z 0 N I R G A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Finding.), prior to the approval of development application., certain finding. 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 minute.. Finding. shall be made by the body which has the authority to approve or deny the development application. These finding. relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning di.trict must be consistent with the land use designation. The Future Land Use Map designation for the property is "Low Density" Residential (0-5 Units per acre). The allowable zoning designations which are consistent with the "Low Density" Land Use designation are: - CF Community Facility - R-l Single Family Residential (proposed zoning) - RL Residential Low Density - PRO Planned Residential Development , P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 3 The site is currently zoned RM (Residential Medium) which is inconsistent with the current Land Use designation of "Low Density" Residential. The proposed zoning designation of R-l-AA will be consistent with the Future Land Use Map designation. The zoning of R-1AA allows the existing three single family homes as permitted uses. 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 changing of the zoning designation from RM to R-lAA to reflect the existing use will not have any effect on concurrency. The revision will assure that if future redevelopment were to occur it would be less intense than that which is currently allowed. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) alonq with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (standards for Rezoninq Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF wi thin stable residential areas shall be denied. (Housing Element A-2.4) This rezoning petition is in a neighborhood which is designated as a stable residential area. As the rezoning is to a less intensive residential designation, reflects the properties' use, and is similar to the uses to the south and west, a positive finding can be made. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned RM (Residential Multi-family) . To the north and east the properties are zoned RM (Residential Multi-family), to the west and south is zoned R-1AA (Single Family Residential). The surrounding land uses are single family homes to the west and south and mUlti-family units to the east and north. " P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 4 A rezoning to a lower intensity residential district was identified during platting as a process which should be undertaken to assure the site would be limited to single family homes. Duplex and multi-family development on this parcel was found to be incompatible with adjacent single family developments to the west and south. LOR COMPLIANCE: Section 2.4.5(0)(5) (Rezoning Findinqs): Pursuant to Section 2.4.S(D){1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicable reasons are band c pursuant to the following: The change in circumstances that make the current RM (Multi-family Residential) zoning inappropriate is the development of three single family homes on the property. The proposed rezoning to R-1AA will reflect the existing use of the property. The requested R-1AA zoning is of similar intensity as the underlying Residential Low Density (0-5 units to an acre) Future Land Use Map designation and is more appropriate for this property based on the existing use of three single family homes. Section 4.3.4 (R-1AA Development Standards Matrix) Single family homes built on RM (Residential Medium Density) zoned property are requ i red to comply with R-IA standards. Subsequently, the existing lot dimensions and building setbacks do not meet some of the standards of the proposed R-1AA zone district. The following deficiencies are noted; * Lot 1 does not meet the minimum lot size of 9,500 sq. ft. (9,200 is provided). 1 . . P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 5 * Lot 2 frontage width does not meet minimum of 95' (80' is provided). * Lot 3 frontage width does not meet minimum of 75' (70' is provided) * The front setbacks are 25' on all three lots while 30' is required under R-1AA * The required side setback is 10' on lot 3 while 8' is provided. As these lots were subdivided under the applicable regulations they are considered lots of record. Redevelopment could occur on ~hese lots but all new structures must meet the R-1AA setback requirements. A review of the objectives and policies of the adopted Comprehensi ve -Plan was conducted and the following applicable objectives are noted. Housinq Element: Policy A-l.4 - For those areas identified as "Stable" on the Residential Neighborhood Categorization Map the following policy applies: That these neighborhoods be identified as "stable residential" on the Housing Map, that the most restrictive residential zoning district which is applicable is affixed on the zoning map, and that requests for rezoning to a different zone designation, other than Community Facilities be denied. Given the existing use the most restrictive zoning designation which is applicable for this property would be R-lAA (Single Family). Coastal Zone Element: Policy C-3.2 There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. The rezoning will result in a reduction in potential intensity under redevelopment and would further the above Coastal Element Policy. REVIEW B Y o THE R S: The rezoning 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) . '. , . . P&Z Staff Report Lots 1, 2 & 3 of South Ocean Park Plat - Rezoning Page 6 Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Sandy Almy of the Beach Property Owners Association who has requested notification of petitions in that area. ASS E SSM E N T AND CON C L U S ION: The rezoning action was initiated by the City Commission to bring the zoning map designation for this property into conformity with the existing Future Land Use Designation and to reflect the existing land use (Single Family homes). The need to initiate this rezoning process was discussed when the plat for the single family development was approved and later when Plan Amendment 92-1 was considered. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning with reasons stated and recommend initiation of a Future Land Use Amendment (Low Density to Medium Density Residential 5-12 units per acre) to bring the Zoning and Future Land Use Maps into conformity. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). S TAr p R E COM MEN D A T ION: Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). PD/BRooKS.DOC . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 11- L. - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 40-92 DATE: August 21, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned MIC (Mixed Industrial and Commercial) district, in part, and GC (General Commercial) district, in part, in MIC (Mixed Industrial and Commercial) district; said land being located on the south and north sides of West Atlantic Avenue between 1-95 and Congress Avenue. The rezoning proposed is corrective in nature and is necessary to provide consistency between the current land use, Future Land Use Map Designation and the zoning classification. The Planning and Zoning Board at their August 17th meeting recommended approval of the rezoning by a 4-1 vote. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 40-92 on first reading. - fQAiJL& /s1' ~ 5-0 " .' ORDINANCE NO. 40-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART, IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE SOUTH AND NORTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN 1-95 AND CONGRESS 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the MIC (Mixed Industrial and Commercial) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: That parcel of land lying south of SR 806, of the W 1/2 of E 1/2 of NE 1/4 of SE 1/4, of E 1/2 of NW 1/4 of NE 1/4 of SE 1/4, & E 70 feet of SW 1/4 of NE 1/4 of SE 1/4 south of Old Atlantic Avenue (Less I-95 R!W) - & that part of abandoned Old Atlantic Avenue lying north of and adjacent to, all lying west of RY R/W, Section 18, Township 46 South, Range 43 East. Together with: That portion of right-of-way for N.W. 18th Avenue zoned GC (General Commercial) District lying north of SR 806. The subject property is located on the south and north sides of West Atlantic Avenue, between 1-95 and Congress Avenue, Delray Beach, Florida. The above-described south parcel contains 0.562 acres of land, more or less and the above-described north parcel contains 0.557 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on this the day of ! , 1992. MAY 0 R ATTEST: . City Clerk ~':___.1.. n........,~.;....._ . o~ ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: CJ T. ~~TYMANAGER THRU: -DAVID ~cs, DI~ DEPARTMENT OF PLANNING AND ZONING ~ .~ . / )J[((. V;&:t~/ FROM: / ET MEEKS, PLANNER I I I SUBJECT: 'MEETING OF AUGUST 25, 1992 REZONING OF TWO PARCELS OF LAND FROM GC (GENERAL COMMERCIAL) TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of rezoning two parcels of land from GC ( Ge.neral- Commercial) to MIC (Mixed Industrial and Commercial). The properties are located along the north and south sides of Atlantic Avenue, west of I-9S and CSX railroad, east of Congress Avenue. BACKGROUND: In september 1991, the Advance Planning Division conducted an analysis which compared the Future Land Use Map with the Zoning Map. The purpose of this analysis was to determine if there were any outstanding inconsistencies between the current zoning and future land use designations. As a result of this analysis, the item contained herein was discovered. The rezoning proposed is corrective in nature, to accomplish consistency between the existing use on the property, the Future Land Use Map designation, and the zoning classification. On July 28, 1992, the City Commission initiated this rezoning along with several others relating to inconsistencies between the two maps. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992. The Board recommended approval of the rezoning on 4-1 vote (Kellerman dissenting, 2 members absent) . City Commission Documentation Rezoning of parcels located north and south of Atlantic Avenue, east of Congress Avenue. Page 2 RECOMMENDED ACTION: By motion, approve this ordinance on first reading to rezone the subject parcels from GC (General Commercial) to MIC (Mixed Industrial and Commercial). Attachment: * P&Z Staff Report '. PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: Au~ust 17, 1992 AGENDA ITEM: IILB.3. ITEM: Rezoning from GC to MIC for Parcels of Lands Located on the North & South sides of West Atlantic Avenue, West of the CSX Railroad V') (@) V') &..I cc: (,) z 0 u .. N GENERAL DATA: Owner................South Parcel: Rinker Materials Corporation North Parcel: Road Right-of-way Location...........................On the south and north sides of Atlantic Avenue between 1-95 and Congress Avenue. Property Size........South Parcel: 0.562 acres North Parcel: 0.557 acres City Land Use Plan.................Commerce Existing Zoning....................GC (General Commercial) Proposed Zoning....................MIC (Mixed Industrial and Commercial) Adjacent Zoning.............North: MIC and GC East: 1-95 South: MIC and CD (Conservation District) West: MIe and GC Existing Land Use....South Parcel: Office building for a concrete manufacturer. North Parcel: Road Right-of-way. Proposed Land Use..................None Water Service......................Existing 12" water main in Atlantic Avenue and existing 10' water main in Old Atlantic Avenue. III.B.3. Sewer Service......................No service to the site. Nearest service is a 20" force main in . I T E M B E FOR E THE BOARD: The item before the Board is that of making a recommendation on a City initiated rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial). The subject properties are located along the north and south sides of Atlantic Avenue, west of 1-95 and the C.S.X. railroad, and east of Congress Avenue. B A C K G R 0 U N D : In september, 1991, the Advance Planning Division conducted an analysis which compared the Future Land Use Map with the Zoning Map. The purpose of this analysis was to determine if there were any outstanding inconsistencies between the current zoning and future land use designations. As a result of this analysis, the item contained herein was discovered. The rezoning proposed is corrective in nature, to accomplish consistency between the existing use on the property, the Future Land Use Map designation, and the zoning classification. PRO J E C T DES C RIP T ION : The parcel on the north side consists of the right-of-way along Atlantic Avenue, and the access road (N.W. 18th Avenue) into an industrial park area. There is no development on the parcel, nor is there any potential for future development. The parcel on the south side of Atlantic Avenue is part of the Rinker concrete plant and is used for storage of building materials. The balance of the Rinker site is zoned HIC (Mixed Industrial and Commercial) and is in common ownership with the subject property. Current zoning on both parcels is GC (General Commercial), which is not accommodated under the Commerce land use classification. The zoning to the north, east, south, and immediate west is MIC. Z 0 N I N G A N A L Y S IS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. 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: , . P&Z Staff Report Rezoning of Item '7 Page 2 Future Land Use Map: The use 8tructure8 mU8t be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current zoning for both parcels is GC (General Commercial), which is not consistent with the Commerce Land Use designation. Pursuant to Section 4.4.l9(A), the MIC district is to be located in areas designated for the primary use - industry and commerce - as shown on the future land use Map. Therefore the proposed zoning of MIC would be consistent with the existing commerce land use designation. Concurrency: Facilitie8 which are provided by, or through the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. The8e facilitie8 shall be provided pursuant to leve18 of service e8tabli8hed within the Comprehensive Plan. There is no development on the parcels nor is there any potential for future development. Therefore, the change in zoning would not impact the level of service standards. Consistency: Compliance with the performance 8tandards set forth in Section 3.3.2, along with the required finding8 in Section 2.4.5, shall be the ba8i8 upon which a finding of overall consistency is to be made. Other objective8 and policie8 found in the comprehensive Plan may be u8ed in making a finding of overall consistency. Section 3.3.2, Standard8 for Rezoning Action8: There are four standards for evaluating rezoning reque8t. The8e four 8tandard8 are: 1. That a rezoning to other than CF within stable residential area 8hall be denied; 2. Affordable hou8ing for moderate and middle income familie8, particularly first time home buyer8, may be achieved through increa8e8 in den8ity when ...; 3. Additional 8trip commercial zoning on vacant propertie8 shall be avoided...; and, 4. That the rezoning 8hall re8ul t in allowing land U8e8 which are deemed compatible with adjacent and nearby land use both exi8ting and proposed; or that if an incompatibility may occur, that 8ufficient regulations exist to properly mitigate adverse impacts from the new use. . P&Z Staff Report Rezoning of Item #7 Page 3 Standards 1,2, and 3 are not applicable to this request. Regarding Standard #4, the rezoning will result in allowing land uses which are compatible with adjacent and nearby land uses. The MIC zoning is consistent with the Commerce land use designation. LOR Compliance: Pursuant to Section 2.4.5 (0)(1), the City Commission must make a finding that a rezoning fulfills at least one of three valid reasons for approving a change in zoning. These three reasons are: 1. That the zoning had previously been changed, or was originally established, in error; 2. That there has been a change in circumstance which makes the current zoning inappropriate; 3. Tha t the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. - The current zoning of GC (General Commercial) was established in error. The GC zoning does not correspond with any property lines, nor does it reflect the existing uses on the properties. This error occurred due to an inaccurate base map. See attached exhibits for a graphic description of this situation. Neither of the sites has a development potential for a stand alone general commercial use. The surrounding areas are zoned MIC. The MIC zoning is more appropriate for the property than the existing zoning of GC in that it is consistent with the Future Land Use Map designation of Commerce. ASS E SSM E NT: The current zoning of General Commercial (GC) was established in error, as the affected portion of the land should have been zoned MIC with the balance of the surrounding land; the rezoning is more appropriate for the property than the existing zoning in that it is consistent with the Future Land use Map designation of Commerce; and the rezoning will result in allowing land uses which are compatible with the adjacent and nearby land uses. <, P&Z Staff Report Rezoning of Item '7 Page 4 A L T ERN A T I V E S . . A. Continue with direction. B. Recommend that the City Commission approve the rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial). C. Deny the rezoning with reasons stated. RECOMMENDA'1' I ON : By Motion, recommend that the City Commission approve the rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial). Attachment: - * Location Map jcm/Y:ITEM7 . &..I ~ Z &..I > ~ M/C M/C e@) II) II) LaI 0: PC C) CO z 0 N u - ; M/C I CURHNT lONING I &..I ~ Z &..I ~ M/C I - M/C e@) I/) I/) L..I CII:: CD PC C) z 0 u M/C PROPOSE D ZONING " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /cQ.tv\ - MEETING OF AUGUST 25. 1992 ORDINANCE NO. 41-92 DATE: August 21, 1992 This is a first reading of an ordinance amending the Subsection 4.6.15 (G) "Yard Encroachment" of the Land Development Regulations to allow swimming pools to be located to within five feet of a rear or side yard, when such property line is adjacent to at least 50 feet of open space, and to reduce the minimum street side setback required for swimming pools from 15 feet to 10 feet. This text amendment was initiated at the request of the developers of the Clearbrook residential community, who are seeking additional flexibility in the placement of swimming pools on lots which are adjacent to a Lake Worth Drainage District canal. Currently the LDRs allow screen enclosures for swimming pools to have a zero setback when the property line abuts at least 50 feet of open space. However, that provision does not extend to unscreened swimming pools. The proposed standards are consistent with those of neighboring municipalities, and will provide some additional flexibility in situations where adjacent property owners will not be adversely aftected. The Planning and Zoning Board at their August 17th meeting recommended approval of the text amendment. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 41-92 on first reading. f(ltJ[Jtdl /,~r ~ .5-0 " . " . ORDINANCE NO. 41-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.6.15, "SWIMMING POOL, WHI RLPOOLS , AND SPAS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.15(G), "YARD ENCROACHMENT" , TO ALLOW SWIMMING POOLS TO BE LOCATED TO WITHIN FIVE FEET OF A REAR OR SIDE PROPERTY LINE, WHEN SUCH PROPERTY LINE IS ADJACEijT TO AT LEAST 50 FEET OF OPEN SPACE, AND TO REDUCE-THE MINIMUM STREET SIDE SETBACK REQUIRED FOR SWIMMING POOLS FROM 15 FEET TO 10 FEET; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY QF DELRAY -BEACH, FLORIDA, AS FOLLOWS: - Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.15, "Swimming Pool, Whirlpools, and Spas", Subsection 4.6.l5(G), "Yard Encroachment", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Yard Encroachment: - (1) Swimming pools, the tops of which are no higher than grade-revel, may extend into the rear or side setback area but to no closer than ten feet (10' ) to any teAtl10tllsL~e property line, ~0tlt1.0.etlt~A~/tLttee~/teetIAIS'llt0/a~tlstteet tI.'h~tr"'tfWAt' , except as provided in division (2) below. (2) When adjacent to at least 50 feet of open space, as defined in Section 4.3.4(H) (5) (c) and (d) , swimming pools at grade level may extend into the rear or side setback area but to no closer than five feet (5') . (3 ) Although swimming pools may extend into side and ~ setback areas, a screened or other porch enclosure shall not be permitted to encroach into such setback areas, except as provided in Section 4.3.4(H) (5) (b). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. , MAY 0 R t I ATTEST: t City Clerk t First Reading Second Reading . '. ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: C\ID T. HARDEN, CITY MANAGER . \~ ~UC iti THRU: . 'DA 10 . VACS', Db ~'rOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER III~(~~j.' ,.'.' t _ l.!\ ~J\j~; SUBJECT: MEETING OF AUGUST 25, 1992 ~ PROPOSED LOR TEXT AMENDMENT; SECTION 4.6.15(G~ SETBACKS FOR SWIMMING POOLS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of~ext amendment which would allow swimming pools to be located to within five feet of a rear or side property line, when such property line is adjacent to at least 50 feet of open space; and which would reduce the minimum street side setback required for swimming pools from 15 feet to 10 feet. BACKGROUND: This text amendment was initiated at the request of the developers of the Clearbrook residential community, who are seeking additional flexibility in the placement of swimming pools on lots which are adjacent to a Lake Worth Drainage District canal. Currently the LORs allow screen enclosures for swimming pools to have a zero setback when the property line abuts at least 50 feet of open space (canals, lakes, golf courses, etc.). However, there is no similar provision which applies to the setback for the swimming pools themselves. This amendment would allow grade level swimming pools to be within 5 feet of a rear or side setback when similar open space conditions apply. It would also reduce the setbacks along street side property lines from the current 15 foot minimum to 10 feet. These standards are consistent with those of neighboring municipalities, and will provide some additional flexibility in situations where adjacent property owners will not be adversely affected. City Commission Documentation LDR Text Amendment Re: Swimming Pool Setbacks Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 17, 1992, and recommended that the amendment be adopted. RECOMMENDED ACTION: By motion, approve the amendment to LDR Section 4.6.15(G), affecting setbacks for swimming pools. Attachment: * P&Z Staff Report & Documentation of August 17, 1992 . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: August 17, 1992 AGENOA ITEM: V.A. Proposed LDR Text Amendment, Section 4. 6.15.G with Cross-Reference to 4.3.4(H)(5) Affecting Setbacks for Swimming Pools ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a proposed text amendment which would allow swimming pools to be located to within five feet of a rear or side property line, when such property line is adjacent to at least 50 feet of open space. The amendment would also reduce the minimum street side setback for swimming pools from 15 feet to 10 feet. BACKGROUND In June of this year, the Planning and Zoning Department. received a request from Cotleur Hearing, a landscape architect and planning firm, to consider a text amendment which would allow a reduction in swimming pool setbacks under certain conditions. The request was made on behalf of Guardian Companies, the developer of the Clearbrook community. Several lots in Clearbrook abut a Lake Worth Drainage District easement and canal, and the developers are seeking a means to allow swimming pools to be built to within 5 feet of the property lines abutting that easement. ANALYSIS Section 4.6.l5(G) of the Land Development Regulations states that grade level swimming pools must be set back at least 10 feet from any rear or side property line, and must be at least 15 feet from any street right-of-way. Section 4.3.4(H) (5) (b), which deals with the encroachment of screen enclosures into setbacks, states that screen enclosures around pools may have a zero rear yard setback whenever that rear property line abuts at least 50 feet of open space. For the purposes of this section, open space includes areas such as canals, lakes, golf courses, and similar uses which are dedicated to the public or are a part of a residential community's common area. Since the code allows screen enclosures to have a zero setback under these limited circumstances, it is reasonable to allow swimming pools to be built to within 5 feet of that setback, when the same open space conditions apply. The reduced setback will provide greater flexibility to developers and homeowners, without having a negative impact on adjacent property owners. \) . ~. . P & Z Staff Repor Regular Meeting of August 17, 1992 Agenda Item V.A. After reviewing the swimming pool setback requirements of several other Palm Beach County municipalities, staff is also proposing that the minimum required street side setback for pools be reduced from l5 feet to 10 feet. This will also allow for greater flexibility in the design and location of swimming pools, and is similar to the requirements of neighboring communities. RECOMMENDED ACTION: By motion, make a recommendation to the City Commission that the proposed amendment to Section 4.6.l5(G) regarding swimming pool setbacks be approved. Attachments: * Proposed amendment * Letter from Cotleur g amendment Report prepared by: Reviewed by DJK on: '. '- LDR Section 4.6.15 (G) (G) Yard Encroachment: ill swimming pools, the tops of which are no higher than grade level, may extend into the rear or side setback area but to no closer than ten feet (lO') to any te;.t rtJt Iflllle property line, ftrtJt tlrtJlfet tK;.ft tltteeft teet (Ilfl trtJ ;.ft7 Iftteet tl~KtfrtJtf~a7' , except as provided in division (2) below. (2) When ad1acent to at least 50 feet of open space, as defined in Section 4.3.4{H){5){c) and ( d) , swimming pools at grade level may extend into the rear or side setback area but to no closer than five feet (5'). ill Although swimming pools may extend into side and ~ setback areas, a screened or other porch enclosure shall not be'permitted to encroach into such setback areas, except as provided in Section 4.3.4(H)(5)(b). - " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM tt 12 .I\J '- MEETING OF AUGUST 25. 1992 ORDINANCE NO. 42-92 DATE: August 21, 1992 This is a first reading of an ordinance amending the Land Development Regulations by repealing Subparagraph 4.6.9 (E)(4) "Off Site Parking" in its entirety and enacting a new Subparagraph 4.6.9 (E) (4) "Off Site Parking". The pre-LDR Code had a subsection for employee parking and a separate subsection for a mix of employee and customer parking. In creating the LDRs, the subsection short titled incorrectly cites "employee parking It ; whereas the text accommodates both employee and customer parking. Also, the text does not specifically refer to off-site CF zoned property being eligible as an area for required parking. An additional code deficiency exists in that there are no provisions for accommodating off-site parking in those special circumstances when it is necessary to accommodate a large number of patrons. Thus, there is a need to update and correct this section. - Recommend approval of Ordinance No. 42-92 on first reading. I~ 157~ 6-0 . ",. ~ 1; . '. -- ORDINANCE NO. 42-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBPARAGRAPH 4.6.9(E) (4) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH 4.6.9(E) (4); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", Subparagraph 4.6.9 (E) (4), "Off-Site Employee Parking", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Subparagraph 4.6.9(E) (4) to read as follows: (4) Off-Site Parking: In instances where uses do not have sufficient space to accommodate customer and employee parking demands, parking requirements may be provided off-site in accordance with the following. (a) Normal Operations: Parking for day-to-day operation may be provided on other property within three hundred feet (300' ) provided that both properties are of the same general type of zone designation (Le. commercial, industrial, office, etc) or when the off-site parking site is zoned C.F. and a conditional use approval for use as a parking lot has been approved, and when in compliance with, and pursuant to, the following: ( i) The 300' distance shall be measured along an acceptable pedestrian route; (ii) Approval of such off-site parking may be granted by the body which has approval authority of the related site and development plan; (iii) An agreement providing an easement for such use is prepared pursuant to Subsection (E) (5) and is recorded prior to certification of the site and development plan. (iv) The providing of the parking easement shall not diminish the ability of the property, upon which it is placed, to accommodate its required parking; . . . -----...---<---- .. ---- ---------- -_.----- -- --~~---- ---- --~ (b) Special Events/Facilities: In instances where uses and/or facilities have large parking demands/requirements and which are otherwise subject to conditional use approval (e.g. stadiums, places of assembly, community and civic centers, recreational areas, etc) such parking may be provided off-site in accordance with the following. (i) Approval of such off-site parking may be granted by the body which has approval authority of the related conditional use. (ii) A parking and transportation plan must be presented in order to obtain such approval. The plan must identify parking areas and demonstrate the manner in which transportation to the use site, security, maintenance, and related matters will be accommodated. (iii) Easements, agreements, or other appropriate legal documents which assure continued availability of such p,*"king shall be required as a part of the parking and transportation plan. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992 . MAY 0 R ATTEST: City Clerk First Reading Second Reading . -2- Ord. No. 42-92 " t)t<., . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER ~~ FROM: ID J. KOVACS, ~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 25, 1992 FIRST READING, ORDINANCE AMENDING LDR SECTION 4.6.9(E)(4), LOCATION OF PARKING SPACES - OFF-SITE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval, on first reading, of an ordinance amending LDR Section 4.6.9(E)(4). The subject is the location of off-site parking spaces. BACKGROUND: This portion of the Code has existed, in some form, for more than a decade. The pre-LDR Code had a subsection for employee parking and a separate subsection for a mix of employee and customer parking. In creating the LDRs, the subsection short title incorrectly cites "employee parking"; whereas, the text accommodates both employee and customer parking. Also, the text does not specifically refer to off-site CF zoned property being eligible as an area for required parking; but, in practice, such situations have been accommodated. In-deed, the off-site CF parking lot for Banker's Row - which is intended to accommodate parking requirements for property on Banker's Row - is such an example. Thus, there has been an identified need for up-dating and correcting this section. An additional code deficiency exists in that there are no provisions for accommodating off-site parking in those special circumstances when it is necessary to accommodate large numbers of patrons and the parking will be located more than 300' from the activity. This situation was brought to light in the processing of the Tennis Stadium Conditional Use Application, but also exists with respect to Old School Square, may exist with respect to Miller Field and the Macci Tennis Academy, and is anticipated to exist as more tourist, recreational, and entertainment facilities occur within the City. Attached is the proposed amendment. It shall be provided in ordinance form at the meeting. . . City Commission Documantation First Reading, Ordinance Amending LDR Section 4.6.9(E)(4), Location of parking Spaces - Off-Site Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this item at a special meeting to be held on August 27th. The Board's comments and recommendation will be presented at second reading. RECOMMENDED ACTION: By motion, approve this ordinance on first reading. Attachment: * Proposed language for the amendment DJK/CCOFFPKG.DOC . . PROPOSED AMENDMENT TO LDR SECTION 4.6.9(E)(4) (E) Location of Parking Spaces: (4 ) Off-site Z;\JSZlSfee Parking: In instances where ~~8Ine88e8 ZlStAte~ In IStXet tXAn tesl~entlAZ zlSne ~lsttItts uses do not have sufficient space to accommodate customer and employee parking demands, ISttf8Ite parking requirements may be provided off-site in accordance with the followinq. .w. Normal Operations: Parkinq for day-to-day operation may be provided on other property within three hundred feet (300') provided that both properties are of the same general type 0 f zone designation (i.e. commercial, industrial, office, etc) or when the off-site parkinq site is zoned C.F. and a conditional use approval for use as a parkinq lot has been approved, and when in compliance with, and pursuant to, the following: (i) The 300. distance shall be measured along an acceptable pedestrian route; (ii) Approval of such off-site e'itpZIS;ee parking Ii. may be granted tlSnt>>ttent wItX by the body which has approval authority of A the related site and development plan; (iii) A tetlSt~e~ An agreement providing an easement for such use is prepared pursuant to tXe tlSZZlSwIn~ AS Subsection (E)(S) and is ptlS~l~e~ recorded prior to certification of the site and development plan. (iv) The providing of the parking easement shall not diminish the ability of the property, upon which it is placed, to accommodate its required parking; l!tl. Special Events/Facilities: In instances where uses and/or facilities have larqe parkinq demands/requirements and which are otherwise subject to conditional use approval (e.g. stadiums, places of assembly, community and civic centers, recreational areas, etc) , such parkinq may be provided off-site in accordance with the followinq. ill Approval of such off-site parkinq may be qranted by the body which has approval authority of the related conditional use. '. ~ il!l A parking and transportation plan must be presented in order to obtain such approval. The plan must identify parkinq areas and demonstrate the manner in which transportation to the use site, security, maintenance, and related matters will be accommodated. (iii) Easements, agreements, or other appropriate legal documents which assure continued availability of such parking shall be required as a part of the parking and transportation plan. END OF PROPOSED AMENDMENT: DJK/8/2l/92 - DJK/LDR469E4.DOC -, - 3 -