09-08-92 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING- SEPTEMBER 8. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
.and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3. ADDRESSING .THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission by
the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
City Commission
Regular Meeting
9/8/92
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 None.
6. Proclamations:
A. Acknowledging Tony Durante for his Missionary Work in Japan.
B. Book It Day - October 1, 1992.
C. The 50th Anniversary of The Florida Parks. and Recreation
Association - 1992.
D. American Business Women's Day - September 22, 1992.
E. Industry Appreciation Week - September 21 through 25, 1992.
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
~A. ~H~SL~TION DE RENTA~ BEHABILI~ATIONA~BD; Cancel the bid
~ ~'t).~warded to MJD Construction Services in the amount of $212,277
~ for the rehabilitation of property located at 102-128 S. W. 13th
~ Avenue and release the $99,000 of City funds encumbered for this
project.
B. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD OPERATING BUDGET: Ratify the SCRWTD Board
operating budget for fiscal year 1992-1993 in the amount of
$3,154,950.
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City Commission
Regular Meeting
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C. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD CAPITAL BUDGET: Ratify the SCRWTD
Board action approving Capital Expenditures for fiscal year
1992-1993 in the amount of $62,000. Expenditures are to be
assessed 50% to Boynton and 50% to Delray Beach; with funding
from Water and Sewer Fund Computer Equipment (Account No.
441-5142-536-64.11/$17,500) and Water and Sewer Fund Equipment
Other (Account No. 441-5142-536-64.90/$13,500).
D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ORGANIZATIONAL CHART: Ratify the SCRWTD
Board action of August 26, 1992 approving the positions stated in
the 1992 Organizational Chart.
E. AUTHORIZATION TO INITIATE AN AMENDMENT TO THE FUTURE LAND USE
~ Authorize staff to initiate an amendment to the Future Land
Use Map from Recreation and Open Space to Commercial Core and to
initiate rezoning action from CF (Community Facilities) to CBD
(Central Business District) to accommodate a dining deck on a
portion of Veteran's Park.
F. REOUEST FOR PAYMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve
a request for payment from the Community Redevelopment Agency in
the amount of $45,311.10 for the purchase of the vacant lot
located at 51 N.E. 2nd Avenue (Ocean City Lumber); with funding
from Decade of Excellence Bond Issue - Neighborhood Improvement
(Account No. 225-2712-524-6176).
G. SETTLEMENT OF WORKERS' COMPENSATION CLAIM: Approve
settlement of the Ziegler Workers' Compensation claim.
H. WAIVER OF LANDSCAPE REOUIREMENTS/BLUE MAX: Waive the
perimeter landscape requirements on a portion of the south
boundary of the property by reducing the required five foot wide
landscape strip to 2.5 feet and omit the required hedge and trees
for Blue Max Autohaus, subject to the conditions.
I. WAIVER OF LANDSCAPE REOUIREMENTS/TENNIS CENTER: Waive the
north and south perimeter landscape requirements for the proposed
expansion of the Tennis Center located at the northwest corner of
Atlantic Avenue and N.W. 1st Avenue.
J. VOLUNTARY COOPERATION MUTUAL AID AGREEMENT: Approve a
voluntary cooperation Mutual Aid Agreement with the Boca Raton,
Boynton Beach, Greenacres, Lake Worth, Jupiter, Palm Beach
County, West Palm Beach, Royal Palm Beach, Mangonia Park and
Riviera Beach Police Departments which forms a County-wide
Multi-Jurisdictional Roadway Safety and Sobriety Checkpoint Task
Force.
K. SERVICE AUTHORIZATION/COASTAL PLANNING AND ENGINEERING. INC. :
Approve a service authorization to the contract with Coastal
Planning and Engineering, Inc. for pre- and post construction
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City Commission
Regular Meeting
9/8/92
surveys; with funding from Beach Restoration - Erosion Control
(Account No. 332-4164-572-34.38) .
L. RENEWAL OF TENNIS PRO AGREEMENT: Approve a one year renewal
to the agreement with Mr. Ed Foster, for tennis professional
services.
M. GELCO TRAILER LEASE RENEWAL: Renew the lease with Gelco
0.. ~~ Space for two double wide trailers being used by the Fire
Department at a cost of $600 a month with funding from Fire
Administration - Rental Equipment (Account No.
001-2311-522-33.42).
N. DEDUCT CHANGE ORDER/BOY SCOUT HUT: Approve a deduct change
order in the amount of $889.22 for the Boy Scout Hut project and
approve the 30 day extension to provide electrical service to the
irrigation pumps.
O. RESOLUTION NO. 97-92: A resolution vacating and abandoning a
two foot section of an eight foot utility easement located within
Lots 7 and 8, Block 2A, Lakeview Heights.
P. RESOLUTION NO. 96-92: A resolution assessing the costs for
abatement action necessary to remove nuisances on 30 properties
located within the City.
Q. AWARD OF BIDS AND CONTRACTS:
1. Demolition - Tennis Center site - K & K Wrecking
Corporation in the amount of $19,000 with funding from
General Construction Fund - Tennis Center/Stadium (Account
No. 334-4145-572-63.41).
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 24,
1992 through September 4, 1992.
B. APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
tp \ ~Consider an appeal of a Site Plan Review and Appearance Board
~ ~ decision with regard to the signage for Gold Coast Chiropractic
which is located in Delray Crossings. Staff recommends denial.
C. APPOINTMENT OF AN ATTORNEY/CIVIL SERVICE BOARD: Appoint an
attorney to advise the Civil Service Board for the hearing
scheduled on September 30th.
D. PALM BEACH COUNTY COMPREHENSIVE SUBSTANCE ABUSE PROGRAM:
Consider forwarding a revised letter to the Palm Beach County
Sheriff's Office for the continuation of the Palm Beach County
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City Commission
Regular Meeting
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Comprehensive Substance Abuse Program. City Manager recommends
approval.
~ E. AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY /MORIKAMI
WELLFIELD: Consider and authorize staff to execute, an agreement
with Palm Beach County and which provides'for a 99 year lease to
~ '(j, p.."Ioperate and maintain up to 12 wells wi thin the boundaries of
V ~ Morikami Park in return for the City's contribution of $350,000
~~ for the ongoing development of Morikami Park; with funding from
..A'\ 1991 Water and Sewer Revenue Bond Issue (Account No.
447-5167-536-60.11). City Manager recommends approval.
F. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 8/CH2M HILL:
Approve an amendment to Service Authorization No. 8 for
additional engineering services for the abandonment and
rep~acement of City Production Well No.7; with funding from
Renewal and Replacement - Well Rehabilitation - Replacement and
Upgrade (Account No. 442-5178-536-61.82). City Manager recommends
approval.
G. CHANGE ORDER NO. 1/MEREDITH CORPORATION: Approve a change
order in the amount of $75,368 and which extends the contract
completion date by 30 days to abandon existing Well No. 7 and to
construct a new well at N.W. 3rd Street and N.W. 2nd Avenue; and,
to change the flowmeters at the 20 Series Wellfield from 304
stainless steel to 316 stainless steel; with funding Renewal and
Replacement - Well Rehabilitation - Replacement and Upgrade
(Account No. 442-5178-536-61.82). City Manager recommends
approval.
H. CHANGE ORDER NO. 7/ ELKINS CONSTRUCTORS. INC.: Approve a
change order in the amount of $31,500 to the contract with Elkins
Constructors, Inc. to incorporate all the signals from remote
facilities into the panel board and computer system at the Water
Treatment Plant; with funding from 1991 Water and Sewer Revenue
Bond Capital Outlay - Buildings (Account No. 447-5164-536-60.31).
City Manager recommends approval.
I. APPOINTMENT OF A MEMBER TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint a member to fill the vacancy on the Delray
Beach Housing Authority to a term ending July 14, 1994.
J. REOUEST TO PLACE SIGNS IN CITY' S RIGHT-OF-WAY: Approve a
request from The Coast to Coast Cat Fanciers to place signs in
the rights-of-way at the north and south ends of Federal Highway
two weeks prior to an event scheduled for September 26 and 27,
1992.
K. RESOLUTION NO. 92-92: A resolution authorizing the issuance
of not exceeding $3,000,000 principal amount General Obligation
Bond Anticipation Note, Series 1992A. -
./ L. S'€.E. IJ-i)o~nl)um
10. Public Hearings:
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City Commission
Regular Meeting
9/8/92
A. REOUEST FOR WAIVER OF THE SIGN CODE/DELRAY MAZDA: Continue the
public hearing from August 11, 1992 on a request from Delray
Mazda for a waiver of the Section 4.6.7 (e)(7) of the Sign Code
with to permit an additional sign on Federal Highway.
B. RESOLUTION NO. 98-92: A Resolution to levy a tentative tax
on all properties wi thin the Ci ty of Delray Beach. Ci ty
Manager recommends approval.
C. RESOLUTION NO. 99-92: A Resolution making
tentative appropriations of sums of money for all necessary
expenditures of the City from October 1, 1992 to September 30,
1993. City Manager recommends approval.
D. RESOLUTION NO. 100-92/STORMWATER UTILITY: A resolution
establishing a budget for the Stormwater Utility System;
establishing rates for Stormwater Management Assessments for each
parcel within the benefited area, other than non-assessed
property; providing for a public hearing; and providing for the
certification and adoption of the Stormwater Management
Assessment Roll. City Manager recommends approval.
E. ORDINANCE NO. 28-92: An ordinance adopting Comprehensive
Plan Amendment 92-1. City Manager recommends approval.
~F. ORDINANCE NO. 36-92: An ordinance rezoning and placing land
presently zoned R-IA (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.
/1. CONDITIONAL USE APPROVAL: Consider a conditional use
request to establish a Tennis Stadium as a part of the
Municipal Tennis facilities.
~. 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 I-95. -
vlH. 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 1-95.
v/l. 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 I-95.
v1J. ORDINANCE NO. 34-92: An ordinance rezoning and placing land
presently zoned OS (Open Space) district in R-IA (Single Family
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City Commission
Regular Meeting
9/8/92
Residential) district; said land being located on the northwest
corner of S.W. 2nd Street and S.W. 15th Avenue.
~K. ORDINANCE NO. 35-92: 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.
jL. 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.
viM. 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".
ylN. 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.
/0. 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.
jP. 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
reaJ:: 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.
viQ. ORDINANCE NO. 42-92: An ordinance amending the Land
Development Regulations to update the off-site parking
regulations.
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:
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City Commission
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.IA. ORDINANCE NO. 32-92: . An ordinance amending Chapter 52 of the
Code of Ordinances to provide for a decrease in the customer
capacity charges for water, for both residential and
nonresidential customers, both inside and outside the CitYi and
to increase the charges per 1,000 gallons of consumption for
water.
~. ORDINANCE NO. 33-92: An ordinance amending Chapter 54 of the
Code of Ordinances to provide for changes in sewer service rates
and charges for residential dwelling units and
nonresidential/commerical units, both inside and outside the
CitYi to increase the capacity charge and charge per 1,000
gallonsi and to decrease both residential and
nonresidential/commercial customer charges.
C. ORDINANCE NO. 43-92: An Ordinance amending Chapter 51 of
the Code of Ordinances to provide for increased garage and trash
service charges and fees for residential service and commercial
servicei to provide for an increase in the fee for residential
customer recycling servicei and to provide for fees for separate
vegetation collection service. City Manager recommends approval.
D. ORDINANCE NO. 44-92: An ordinance amending Chapter 50 of the
Code of Ordinances to provide for an increase in the public
service tax on the purchase of electricity from 8.5% to 9.5%i and
providing for an exemption to residential users only in the
amount of 90 kilowatt hours. City Manager recommends approval.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. County and Municipal Items
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CITY OF DELRAY BEACH'. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO CORRECT:
E. . . .with funding from 1991 Water and Sewer Revenue Bond Issue
(Account No. 447-512Q-536-60.11).
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
L. AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF THE ARMY:
Approve a Local Cooperation Agreement with the Department of the
Army in conjunction with the Beach Renourishment project.
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Memo CITY OF DELRAY BEAC~t3
TO: Mr. Harden DATE: 9/8/92
FROM: Alison Harty
SUBJ'
. Notes on 9/8 Agenda
(1) Re: Item 9.B./Appeal of SPRAB Decision -
on signage for Gold Coast Chiropractic,
Dr. Manolakos, applicant, has requested
postponement to 9/22. He didn't realize
he would be scheduled this quickly and
is not able to attend tonight's meeting.
(2 ) On item 9.E. (Morikami Wellfield Agmt) ,
there is a transposition in the Acct.
#447-51~-536-60.11; it should read
#447-5176-536-60.11. This is on the
agenda only; the backup & memo are OK.
(3 ) Attached is a copy of Ord. #32-92 (water
rates) as I've redrafted to address the
LDRs. If you want any changes, please
advise. I'm working on sewer now; it
will be essentially the same thing.
If OK, we'll distribute tonight.
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[IT' DF DELIAY BEAEH \~~
100 N.W. 1st AVENUE . DELRAY BEACH. FLORIDA 33444 407 243.7000
PROCLAMA TION
WHEREAS, Tony Durante, a Trinity Lutheran Church
member, has been appointed as a Volunteer Youth Minister (VYMI by
the Lutheran Church Missouri Synod I and,
WHEREAS, Tony has been assigned to Japan and will be
leaving in September for 2-1/2 years of missionary service I and,
WHEREAS, Tony will be teaching English as a classroom
teacher and serving as a missionary of a Lutheran Church in
Japan I and,
WHEREAS, Tony has been an invaluable member of the
Sister Cities Committee, sharing both his time and ideas to make
this committee a successl and~
WHEREAS, Tony will also be servinq as a good will
ambassador between the citizens of Delray Beach and the citizens
of Japanl and,
WHEREAS, in recognition of Tony Durante and his
commitment to his ministry, a family picnic will be held in his
honor on Saturday, September 12, 1992, at Morikami Park.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recoqnize and commend TORY DURANTB for his commitment and
dedication which are in the hiqhest and best traditions of
outstandinq community and humanitarian service.
IN WI'l'NBSS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 8th day of September, 1992.
MAYOR
THOMAS E. LYNCH
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SEAL
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[ITY DF DELARY HEREM
100 NW. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407243' 000
PROCLAMA TION
WHEREAS, an informed and literate citizenry is vital to
a strong democracY1 and,
WHEREAS, the BOOK ITl National Reading Incentive
Program, sponsored by Pizza Hut, Inc., has for the past seven
years provided teachers with an effective tool for encouraging
the educational development of our most valuable resource, our
youth 1 and,
WHEREAS, the skill of reading provides a key to
understanding people, places and cultures, while helping us to
learn more about ourselves1 and,
WHEREAS, the Library of Congress has designated the
1992 literacy theme to be "Explore New Worlds -- READ 1 " and
First Lady Barbara Bush will serve as the campaign's honorary
chair; and,
WHEREAS, through BOOK ITl, children develop a positive
attitude toward reading, learn the value of goal setting,
teamwork and dependabilitY1 and,
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WHEREAS, thousands of students in and around the City
of Delray Beach will be participating in the BOOK ITl program
from October through February,
NOW, THEREFORE,. I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, in the spirit of this year's literacy
theme, "Explore New Worlds -- READl" , do hereby proclaim
October 1, 1992, as
"BOOK ITl Day"
in the City of Oelray Beach and encourage all elementary school
students to increase their appreciation of reading through
participation in this worthy program.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Oelray Beach, Florida, to
be affixed this 8th day of September, 1992.
MAYOR
THOMAS E. LYNCH
SEAL
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CITY DF DELRAY HEAEN
100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 4.07 :?.13.':C0
PROCLAMA TION
WHEREAS, in the year 1992, the Florida Recreation and
Park Association (FRPAl is celebrating its 50th Anniversary,
marking fifty years of service by FRPA to its members and
citizens utilizing parks and recreation facilities in the City of
Delray Beach1 and,
WHEREAS, the Florida Recreation and Park Association is
a non-profit, public interest professional organization
representing l,900 professionals involved in the field of
recreation and parks1 and,
WHEREAS, FRPA is dedicated to creating and promoting a
standard of excellence, service and leadership through its
membership by recognizing the importance of parks and recreation
to the quality of life1 and,
WHEREAS, FRPA is also committed to education and
training to provide members, support groups and interested
citizens with the ability and resources to be advocates for parks
and recreation services1 and,
WHEREAS, FRPA's vision for the next fifty years is to
strive to be recognized as the leading authority and driving
force for Parks and Recreation in Delray Beach1 and,
WHEREAS, FRPA will sponsor activities throughout the
year and particularly at the State Conference in September, 1992,
to celebrate the "Golden Anniversary.,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the year 1992 as
THE 50TH ANNIVERSARY OF
THE FLORIDA RECREATION AND PARK ASSOCIATION
in the City of Delray Beach and encourage all citizens to support
the dedication of fifty years of service by the Florida
Recreation and Park Association.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 8th day of September, 1992.
MAYOR
THOMAS E. LYNCH
SEAL
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[ITY DF DELAR'" HEREN
100 N.W. 1st AVENUE DELRAY BEACH OLORIDA 33444 407 243. '000
PROCLAMA TION
WHEREAS, the Delray Beach Gold Coast Charter Chapter of
the American Business Women's Association was founded in the
month of February, in the year 1967; and,
WHEREAS, the American Business Women's Day is
nationally recognized on the 22nd day of September; and,
WHEREAS, the American Business Women's Association's
mission is to bring together business women of diverse
backgrounds and to provide opportunities for them to help
themselves and others grow personally and professionally through
leadership, education, networking, support and national
recognitionr and,
WHEREAS, this organization has over lOO,OOO members
active in local chapters throughout the country. These chapters
provide local educational scholarships and join together with
other chapters throughout the United States to provide
educational scholarships totalling over three million dollars per
year.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, together with the City Commission, do
hereby proclaim the 22nd day of September, 1992, as
AMERICAN BUSINESS WOMEN'S DAY
in the City of Delray Beach and encourage all citizens to support
and appreciate the worthwhile efforts of the American Business
Women's Association.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 8th day of September, 1992.
MAY 0 R
THOMAS E. LYNCH
SEAL
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CJTY OF DELAAY BEA[H
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PROCLAJIA no.\
WHEREAS, industry in Palm Beach County is vital to our
community's economic health; and,
WHEREAS, Palm Beach County's existing industries are
the key to a prosperous future; and,
WHEREAS, the expansion of those industries accounts for
the majority of new jobs created; and,
WHEREAS, Palm Beach County's industries help sustain
our quality of life; and,
WHEREAS, business leaders in Palm Beach County provide
significant resources of time and money to community initiatives;
and,
WHEREAS, public knowledge of the contributions made by
industry is essential to maintenance of good community-industry
relationships.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of
September 21-25, 1992, as
INDUSTRY APPRECIATION WEEK
in the City of Delray Beach and urge all residents to salute our
industries and their employees for their contributions to our
community.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 8th day of September, 1992.
MAY 0 R
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER r It
SUBJECT: AGENDA ITEM i <64 - MEETING OF SEPTEMBER 8. 1992
CANCELLATION OF RENTAL REHABILITATION AWARD
DATE: September 4, 1992
At the May 12, 1991 regular meeting the Commission approved the award
of bid in the amount of $212,277 (City's share $99,000) to MJD
Construction Services for rehabilitation of rental property located
at 102-128 S.W. 13th Avenue.
The standard procedure, following award of bid, is to hold a formal
contract signing which includes the submission of the owner's share
of the project cost for deposit into an escrow account set up by the
City. After several attempts, staff has not be able to establish a
time for contract signing with the applicant. The applicant has
stated that because of the length of time it took to complete the
required work write-up his financial commitment had expired.
Staff has provided the applicant with references to other financial
institutions; however, as of August 14th the applicant has not
provided any documentation which shows that he does or does not have
his share of the project costs. Therefore, it is staff's
recommendation that the bid award be cancelled and that the funding
encumbered for this project be released.
Recommend the award of Bid #92-21 to MJD Construction Services in the
amount of $212,27"7 for the rehabilitation of property located at
102-128 S.W. 13th Avenue be cancelled and that the $99,000 encumbered
from the Community Development Rental Rehab (Account No.
118-1975-554-60.23) be released.
f}~& 9/d.;)../9:d-
.
- ~
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: WITHDRAWAL OF BID AWARD 192-21 TO MJD CONSTRUCTION CO.
UNDER THE RENTAL REHABILITATION PROGRAM FOR THE J. REEVE
BRIGHT PROJECT
DATE: AUGUST 18, 1992
ITEM BEFORE THE COMMISSION:
- -
A request from staff to withdraw the Bid Award #92-21 to MJD
Construction Services for the Rental Rehabilitation of property
owned by Reeve Bright, located at 102 - 128 SW 13th Avenue, in
the amount of $212,000.
BACKGROUND:
The owner of the subject rental units began the application
process for participation in the federally -funded Rental
Rehabilitation Program in August, 1991 after being cited by Code
Enforcement for numerous code violations found in the multi-
family dwelling units. The application process included the
submission of a management plan, detailed tenant information,
mortgage verification and other documentation that supported the
financial and physical feasibility for his participation in the
program. The process was completed in December, 1991 and staff
developed the preliminary construction plans. These plans
included various engineering studies, detailed work write-up and
specifications required for bidding the work on the 14 units.
The City Commission approved the bid and contract award to the
low bidder at the regular meeting of May 12, 1992. The contract
price of $212,000 included $99,000 of Rental Rehab program funds
and $113,000 as the owner's share. It is standard procedure to
have the formal contract signing, which includes the submission
of the owner's share of the project cost for deposit into an
escrow account set up by the City, to be scheduled after the
formal action by the Commission.
.
.
. -
Bid #92-21, MJD Construction
City Commission Meeting -
August 25, 1992
Page 2
Staff has been unable to establish a formal time for contract
signing after several attempts with Mr. Bright. He had stated in
a letter dated June 18, 1992 that his financial commitment from
last fall had expired due to the length of time it took to
complete the required work write-up. It is important to note
that he would not disclose where this financial commitment came
from and the fact that this commitment preceeded the
establishment of the project costs. We referred him to other
banks, in particular First Union, who has financed other Rental
Rehab projects. As of August 14th, Mr. Bright has not provided
any documentation of any kind that he does or does not have his
share of the project costs, nor shared any particular problems he
may have encountered in coming up with his share of funds.
RECOMMmIDATION:
Staff is recommending that the City Commission withdraw the award
of Bid #92-21, which will de-obligate $99,000 of Rental Rehab
Program Funds set aside for this specific project. The
withdrawal of the bid award is based on the fact that the owner
has not entered into the required contract nor met the
requirement of depositing his share of the project costs with the
City, pursuant to policies and procedures established under the
Rental Rehabilitation Program.
LB:DQ
LB3
B:Bright.RR
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~B - MEETING OF SEPTEMBER 8. 1992
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD/OPERATING BUDGET
DATE: September 4, 1992
This item is before you to ratify the South Central Regional
Wastewater Treatment and Disposal Board's action of August 26, 1992
approving the Board's Operating Budget for Fiscal Year 1992-93 in the
amount of $3,154,950.
The SCRWTD's Operating Budget represents a $409,825 increase over the
projected expenditures from 1991-92, but is a decrease of $55,000
below the adopted 1991-92 budget. The most significant increases are
in engineering services ($240,000) and operating expenses ($150,00).
Additionally, the proposed Pay Plan is attached as a part of the
operating budget. Ratification of this document is requested as well.
Recommend approval of the South Central Regional Wastewater Treatment
and Disposal Board's Operating Budget for Fiscal Year 1992-93 in the
amount of $3,154,950 and ratification of the proposed Pay Plan.
.
. .
.
AUG 28 'g2 0g:23 SCRWT&DB P.2
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTBWA~ER TREATMENT AWO DISPOSAL BOARD
ACTION OP AUGOST 26, 1992
WHEREAS, the South Central Regional Wastewater Treatment
and Oiapoaal Board did on Augu8t 26, 1992, by a vote of 8-0,
approve the Operating Budget for the Fiscal Year 1992 - 1993
in the amount of $3,154,950.00, attached hereto aa
Exhibit "AU, and the adoption of the Modified Pay Plan, attached
hereto aa Exhibit liB", purluant to the Interlocal Agreement
between the City of Boynton Beach and the City of Delray Beach;
and,
WHEREAS, said approval authorize8 a new Table of
Orqanization, and
WHEREAS, Said'Board action requires ratification by the
City of Boynton aeach and the City of Delray Beach,
NOW, THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray aeach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open s.ssion by the
City of Boynton Beach this day of , 1992,
by a vote.
Witne...sa CITY Of BOYNTON BEACH
Bys
Mayor
Attelt:
City Clerk
(SEAL) Approved aa to form:
City Manager
City Attorney
.
AUG 28 '92 09:24 SCRWT&DB p.3 .
The above action is hereby ratified in open~e8sion by the
City of Oelray Beach thi. day of , 1992, by
a vote.
.
Witne....: CI~Y OF OELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved aa to form:
City Manager
City Attorney
AUG 28 '92 09:24 SCRWT&DB EXHIBIT II PI. " 0,4
. . ,
Page 1
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL nOARD
1990-91 1991-92 1991-92 1992-93
DESCRIPTION ACTUAL BUDGET PROJECTED BUDGET
SUMMARY TOTALS
PERSONAL SERVICES 1,176,339 1,090,000 1,056,625 1,028,950
OPERATING BXPENSES: 1,775,732 1,975,000 1,638,500 1,836,000
SERVICB CONTRACTS
MAINTENANCE ACCTS.
COMMODITIES
CHEMICALS,SUPPLIES
TOTAL PERSONAL SERVICES
, OPERATING EXPENSBS 2,952,071 3,065,000 2,695,125 2,864,950
ENGINEERING 132,867 145,000 50,000 290,000
TO'rAL BUDGET 3,084,938 3,210,000 2,745,125 3,154,950
"'!NAL 8-17-92
.
.
AUG 28 '92 09:24 SCRWT&DB EXHIBIT "BIf P. 5
SOUTH CENTRAL REGIONAL WASTEWATER
PROPOSED PAY PLAN
DRAFT
PAY ANNUAL PAY RANGE
GRADE JOB TITLE CURRENT PROPOSED COUNTY AVERAGE
I 15,896 - 22,360
Laborer 15,891 - 22,360 16,224 - 22,942
II 18,411 - 25,905
Maintenance Worker 17,534 - 24,668
Operator I (Tr.) 17,534 - 24,668 18,470 - 27,934
Clerk/Receptioniat 17,534 - 24,668
III 19,331 - 27,195
Admin. Assistant I New Position 19,406 - 28,100
IV 22,313 - 31,383
Laboratory Tech 20,238 .. 28,47S
Mechanic I 20,238 - 28,475 19,635 - 31,Ol~
Operator II ("C") 20,238 - 28,475
Admin. A.sistant II 20,238 - 28,475
V 24,652 .. 34,696
Electrician 22,360 - 31,470
Mechanic II 22,360 - 31,470 23,545 - 35,380
Operator III ("B") 22,360 - 31,470
VI 27,124 - 38,226
Operator IV ("A") 24,648 - 34,673
Pretroat. Coord./ 26,748 - 39,624
Assist. Lab. Supv. 24,648 - 34,673
VII 29,948 - 42,149
Chief of Maint. 27,164 - 38,230
Chief of Operations 27,164 - 38,230 29,161 - 43,888
Lab Supervisor 27,164 - 38,230
Fiscal Admin. Assist. 27,164 - 38,230
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ:t1.
SUBJECT: AGENDA ITEM # g ~ - MEETING OF SEPTEMBER 8, 1992
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD/CAPITAL EXPENDITURES
DATE: September 4, 1992
This item is before you to ratify the South Central Regional
Wastewater Treatment and Disposal Board's action of August 26, 1992
approving the Board's Capital Expenditures portion of the Operating
Budget for Fiscal Year 1992-93 in the amount of $62,000.
Purchase of the following capital items is proposed for Fiscal year
1992-93:
Computer hardware - $20,000
Computer software - $15,000
Diffuser System Effluent Tank - $27,000
The cost of capital expenditures is assessed 50% to the City of
Boynton Beach and 50% to the City of Delray Beach. The City's share
of expenditures ($31,000) is available in Water and Sewer Fund
Computer Equipment (Account No. 441-5142-536-64.11/$17,500) and Water
and Sewer Fund Equipment Other (Account No.
441-5142-536-64.90/$13,500).
Recommend approval of the South Central Regional Wastewater Treatment
and Disposal Board's Capital Expenditures portion of the Operating
Budget for Fiscal Year 1992-93 in the amount of $62,000.
.
Al,JG 28 . 92 09: 25 SCRi,-JT&DB .-.,=,
RA~IFICA~ION OF SOUTH CEN~RAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGOST 26, 1992
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on August 26, 1992, by a vote of 8-0, approve
the Capital Expend~ti~.a portion of the Operating Budget
for Fiscal Year 1992-1993 in the amount of $62,000.00, attached
hereto as Exhibit "A"; and,
WHEREAS, funding for said expenditures is to be assessed 50%
to the City of Boynton Beach and 50\ to the City of Delray Beach;
and,
WHEREAS, the Board aqtion requires ratification by the City
of Boynton Beach and the City of Delray Beach:
NOW THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board .ac~ion.
independently.
The above action ia hereby ratified in open session by the
City of Boynton Beach this day of .
Witne..es: CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved aa to form:
City Manaqer
CTty Attorney
. '..1
.
HUG 28 "32 Og: 25 SCRWT&DB -
.
Th. above action is hereby ratified in op.n ....ion by the
City of Delray Beach the day of .
Witn......: CITY OF DELRAY BEACH
BY.
Mayor
Att..t.
City Clerk
(SEAL) Approved a. to form:
City Manager
City Attorney
'. , ,
. '. . HUG 28 . 32 09: 263CRWT:?:DB . -
.-
SOUTH CENTRAL REGIONAL WASTEWATER ~REATMEN~ ANP DISPOSAL BOARD
OPERATIONS
CAPITAL ASSETS 1992/93
COMPUTER HARDWARE $20,000.00
In order ~o interconnect OUr existing
P.C. computers additional hardware needs
to be installed. Until such time as we
have an exact accounting of our total
computer and memory needs we are unable
to identify exactly what hardware will
be installed.
COMPUTER SOFTWARE $15,000.00
It is anticipated that a new software
packaqe will be required to develop a
management system which will identify
operational standards, coat controls,
preventative maintenance, purcha~in9,
and replacement items.
DIFFUSER SYSTEM EFFLUENT TANK $27,000.00
FDER require. that the effluent
dissolved oxygen (0.0.) be maintained at
an average value of 5.0 mq/L, and at no
time drop below 4.0 mq/L. Ba.ed on D.O.
measurements taken by our staff effluent
0.0. varies from approximately 2.8 to
5.2 mq/L. In order to meet permit
requirements we intend to install
coar.e bubble diffusers in the effluent
tank with air piping to plant A air
handler.
~O'1'AL $62,000.00
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t971
SUBJECT: AGENDA ITEM # ~l) - MEETING OF SEPTEMBER 8. 1992
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL
BOARD/ORGANIZATIONAL CHART
DATE: September 4, 1992
This item is before you to ratify the South Central Regional
Wastewater Treatment and Disposal Board's action of August 26, 1992
approving the positions stated in the 1992 Organization Chart.
A copy of the chart is attached as backup material for this item.
Recommend approval of the South Central Regional Wastewater Treatment
and Disposal Board's 1992 Organization Chart.
.
.
.'AUG 28 '92 09: 26 SCRWT&DB P.10
- "l'~' I~ .'; I'
" . ,:\\(, . '.
,.,':"1 , \.1",""1 E
PROPOS~D CHART O~ OROANIZATIDN
~bU+~ CE~TRAL REOIONAL WA9TEWAT~n TA~ATMCNT ~ DISPOSAL nOARn
[Ci"Y r.OHI1ISa~ -----.------J
_._... - .-_..... _.._ .:\:0 Lr;:t:jt'~L
BOARD MEMarr::F~S ,,_..._~~~~:.~~~~~~
-- ......---
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- " ,-------..-
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Orr::.:ri IT lIJN!::i ft/'}M 1 N 1 !'iTI ifYr lL;~J
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.
.
AUG 28 '92 09:26 SCRWT&DB p. '3
. . ..
RATIPICA~ION or SOOTH CENTRAL REGIONAL
WAS~EWATER TREATMENT AND DISPOSAL BOARD
ACTION or AUGUST 26, 1992
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on August 26 ,1992, by a vote of 7-1 approved
the positions stated in the 1992 Organizational Chart and subject
to rat.ification by City of Boynton Beach and City of Delray
Beach in independent sessions; and,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORl;-' t.he City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
~he above action il hereby ratified in open session by the
City of Boynton Beach this day of , 1992, by a
vote.
Witnesses: CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action i8 hereby ratified in open session by the
City of Delray Beach this day of , 1992, by a
vote.
Witnesses: CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
( SEAL) Approved as to form:
City Manager
City Attorney
. , ,
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~S - MEETING OF SEPTEMBER 8. 1992
INITIATION OF AN AMENDMENT TO THE FUTURE LAND USE MAP
DATE: September 4, 1992
This item is before you to authorize staff to initiate an amendment to
the Future Land Use Map from Recreation and Open Space to Commercial
Core and to initiate a rezoning petition from CF (Community
Facilities) to CBD (Central Business District) for a 25 foot by 36
foot section of the Veteran's Park parking lot along the east side of
Atlantic Plaza, north of Atlantic Avenue.
Discussions have been held between the owner of Atlantic Plaza and the
City Commission with respect to expansion of Jalapeno's Restaurant
deck into the Veteran's Park parking lot. From these discussions a
consensus to proceed with a license agreement has been reached.
However, prior to proceeding with the licensing agreement the existing
land use and zoning designations must be changed to allow the proposed
use.
An amendment to Senate Bill 1822 allows local governments to choose to
make small-scale amendments exempt from the transmittal and ORC
(Objections, Recommendations, Comments) process by having only an
adopting 'hearing.
As this is an initiation action, Planning and Zoning Board review has
not been accomplished. The Planning and Zoning Board is scheduled to
review this item at their September 21st regular meeting. A detailed
staff report is attached as backup material for this item.
Recommend authorization to initiate an amendment to the Future Land
Use Map and rezoning petition to accommodate a dining deck at
Veteran's Park.
.
.
Of\.
. . 8'rJ)
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~yJ:~~incTOR
~~NT5ING AND ZONING
FROM: PAUL DORLING, P NER II
SUBJECT: MEETING OF SEPTEMBER 8, 1992
INITIATION OF A LAND USE AMENDMENT FROM "RECREATION
AND OPEN SPACE" TO "COMMERCIAL CORE" AND AN ASSOCIATED
REZONING FROM "CF" TO "CBD" FOR A PORTION OF VETERANS
PARK.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of a land use amendment from "Recreation and
Open Space" to "Commercial Core" and an associated rezoning
from "CF" (Community Facility) to "CBD" (Central Business
District) .
The project involves a 25'x 36' section of the Veterans
Park parking lot located along the east side of Atlantic
Plaza north of Atlantic Avenue.
BACKGROUND:
Discussions have been held between the owner 0 f Atlantic Plaza
and the City Commission with respect to expansion of Jalapen'os
Restaurant deck into the Veterans Park parking lot. From these
discussions a consensus to proceed with a license agreement has
been reached. However, prior to proceeding with the licensing
agreement . . the existing land use and zoning designations
must be changed to allow the proposed use. Initiation of these
actions are before you at this time.
LAND USE PLAN AMENDMENT PROCESS:
This Land Use Plan Amendment it being processed as a Small Scale
Development pursuant to Florida Statutes 163.3187 as amended by
Senate Bill 1882, effective April 8, 1992. This statute allows
any local government land use amendment which is related to a
proposed small scale development activity to be approved without
regard to statutory limits on the frequency of amendments (twice
a year), subject to the following conditions:
.
.
City Commission Documentation .
Initiation of a Land Use Amendment from "Recreation" & "Open
Space" to "Commercial Core" & an Associated Rezoning from "CF"
to "CBD" for a Portion of Veterans Park
Page 2
* The amendment does not exceed either 10 acres of
non-residential land or 10 acres of residential land with a
density of 10 units per acre or less;
* The cumulative effect of the amendments processed under
this section shall not exceed 60 acres annually;
* The proposed amendment does not involve the same property
more than once a year; and
* The proposed amendment does not involve the same owner's
property within 200' of property granted a change within a
period of 12 months.
This parcel is approximately 900 sq. ft. or .02 of an acre and is
the second small scale development processed this year (for an
accumulative total of .52) . This property . has not previously
been considered for a Land use Amendment nor has the same
property owner been granted a land use change within 200' or
within the last year.
Further, the Senate Bill 1822 amendment allows the local
governments to choose to make small-scale amendments exempt from
the transmittal and ORC (Objections, Recommendations, Comments)
process by having only an adoption hearing. Until the rule
making for this new provision is completed, the election of this
process must be specified within the adopting ordinance.
PLANNING AND ZONING BOARD CONSIDERATION:
As this is an initiation action,J the Planning and Zoning Board
has not yet considered the proposals. The Planning and Zoning
Board is scheduled to reviewed this item at its regular meeting
of September 21, 1992.
RECOMMENDED ACTION:
By motion, initiate the Land Use Amendment from "Recreation and
Open Space" to "Commercial Core" and the associated rezoning
from "CF" to "CBD".
Attachment:
* Location Map
PD/DECK.DOC
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.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERV?V(
SUBJECT: AGENDA ITEM # 'SF - MEETING OF SEPTEMBER 8. 1992
REOUEST FOR PAYMENT/COMMUNITY REDEVELOPMENT AGENCY
DATE: September 4, 1992
At the May 15th special meeting the Commission agreed to reimburse the
Community Redevelopment Agency for the purchase of the Ocean City
Lumber property located at 51 N.E. 2nd Avenue. We have received an
invoice in the amount of $45,311.10 from the CRA for that transaction.
Funding is available in the second issue of the Decade of Excellence
Bond Issue - Neighborhood Improvement line item; however, there are no
funds in that account. Sufficient funds to honor this request will be
transferred from the Decade of Excellence Bond Issue Interest
Earnings.
Recommend approval of the request for payment in the amount of
$45,311.10 from the Community Redevelopment Agency with funding from
Decade of Excellence Bond Issue - Neighborhood Improvement (Account
No. 225-2712-524-6176).
.
. . .
CD Community
Redevelopment
-a Agency
Delray Beach
August 10, 1992
Mr. Joseph Safford
Director of Finance
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
RE: Invoice for Payment in the Amount of $45,311.10 for the Purchase
of 51 NE 2nd Avenue, Vacant Lot
Dear Joe:
This letter serves as our invoice in the amount of $45,311.10 for the payment of the CRA's
purchase of the vacant lot located at 51 NE 2nd Avenue.
As you may recall, the City Commission, in a special meeting on May 15, 1992, voted to
reimburse the eRA for the purchase of the properties known as Ocean City Lumber which were
auctioned on May 16, 1992. We were successful bidders on the vacant lot and unsuccessful on
the lumber company. Please find enclosed a complete copy of the closing statement.
Please call me if you have any questions or need any additional documentation.
Thank;Jou for your assistance.
I
Sinely yours,
I
dfl1V
i istopher J. Brown
Executive Director
/d
Enclosure
cc: David Harden, City Manager
David Tokes, Assistant City Attorney
Robert Federspiel, CRA Attorney
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 I Fax (407) 276-8558
.
r;n!_ D '-OQq TI TLE IJ.iEST ID:407-368-5720 RUI~ 11 'c:l.2 1'=": J':'. ~ J:' ,
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIrvllLE 407/278-4755
Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: September 4, 1992 1 ~
To: City Commission }I
From: Jeffrey S. Kurtz, City Attorney
Subject: Washout Settlement of Fred Zieglar's Workman's
Compensation Claims
Sergeant Zieglar, formerly of the Delray Beach Police
Department was involved in two Workman's Compensation accidents
while working for City. He is presently on disability
retirement from the Police Department and collecting a full
disability pension. As detailed in the attached memoranda from
the Risk Manager, the payment of $25,057.90 would represent a
complete washout settlement of Sergeant Zieglar' s wage loss
claim. Our office concurs with the opinion of the Risk Manager
and outside counsel that this settlement is in the City's best
interest.
Pursuant to Florida Law, an employer will always be responsible
for any ongoing medical expenses that may be incurred as a
resul t of the injury. It is our strong suspicion that once
this claim is settled, there will be very little, if any,
future medical expenses incurred by Sergeant Zieglar as a
result of this incident. This matter will be placed on your
consent agenda for your approval at your meeting of September
8, 1992.
Should you have any questions concerning this matter, please do
not hesitate to contact our office or the Risk Manager.
JSK:ci
cc David Harden, City Manager
Lee Graham, Risk Manager
Alison MacGregor Harty, City Clerk
cc. j sk
FG
., '.,1
I jUemo CITY OF OEI.RAY BEAC(~..... t3
I
I
I
i Jeffrey S. Kurtz
TO: City Attorney DATE: 09/01/92
FROM: Lee R. Graham, Risk Manager
SUBJ: Frederick Zieglar Settlement
Please note that the tentative settlement of
the Zieglar case is even more favorable than
reported in my 08/27/92 memorandum to you
because the City will pay 50% of attorney
fees and 50% of taxable costs instead of 60%
of each.
The settlement cost to the City will thus be
$25,057.90 instead of $25,969.48 as reported
in m memorandum.
,1 -"
LRG/rc
Attachment
.
-_._-_._~.
-" ~':"'~~.' ~-
..."-"........_.-......
-----ior;-......--,~_::.......
. -.._. -- ~--
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,).
[IT' DF DELIA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
M E M 0 RAN DUM
TO: Jeffrey S. Kurtz, City At~
FROM: Lee R. Graham, Risk Manage .. ~
DATE: August 27, 1992
......~...... SUBJECT: Disability Retired Former Police Sergeant
- Frederick C.Zieglar's Workers' Compensation Claims
-
This memorandum is to advise you of the results of the court-ordered
mediation on the captioned workers' compensation claimant's two claims of
July 22, 1988 and June 7, 1990. Although they were intermingled by the
claimant's attorney, a combined settlement was tentatively reached with
participation by the two insurance carriers, one of which fully insured the
City and the other which represented the City's Self-Insurance Program.
Present at the mediation were the claimant and his attorney, the
I.S.A.C.jFlorida League attorney and claims representative, Mediator General
Master Rosalind Kalinsky, the City's attorney Dan DeMay, the City's claims
representative Jeff O'Connor and myself.
The settlement offer on the table was presented by the claimant's attorney,
Brian Fischer. He demanded $75,504 plus statutory attorney fees and taxable
costs. (The attorney fees amount to approximately $12,000 and the taxable
costs at $1,115.80.)
The best assessment of the claimant's disability was that it would be ruled
to be caused in the ratio of 40\ in the first accident and 60\ in the second
accident (although this is conjecture, it was the opinion of the mediator).
I introduced the substantial fact that the claimant was receiving 75\ of his
wages through the Police and Fire Pension system, and although this cannot be
used to offset any workers' compensation settlement by law, it certainly is a
factor in the total financial picture as regards the claimant. We used this
as a bargaining chip in dropping the counter-offer in our favor.
After several hours of negotiation, we eventually arrived at an agreed figure
of $35,000 to the claimant, $8,000 in attorney fees and $1,115.80 in taxable
fees. Of this amount, the City is to pay a total of $25,969.48. That amount
is figured thusly: 60% of the first $30,000, 50\ of the next $5,000, 60% of
the attorney fees of $8,000 and 60\ of the taxable costs of $1,115.80.
I believe that this settlement amount of $25,969.48, to be paid from the
City's Self-Insurance Fund, is a reasonable settlement in light of the fact
that other similar cases have been settled by the insurance company in the
$50,000 to $55,000 range.
. .-- ------
Jeffrey S. Kurtz, City Attorney
August 27, 1992
page 2
Excellent case work documentation was presented by the City's counsel and
claims representative, both of whom were invaluable in the negotiation
process on the City's behalf.
Please present the settlement agreement to the City Cormnission for their
review and consent. If accepted, the settlement will then be reviewed by the
Workers' Compensation Commissioner who usually agrees with the mediation of
the Grand Master, and accepts the final settlement of the 12-A compensation
wash-out.
~~
~
LRG/rc
cc: David T. Harden, City Manager
Joseph M. Safford, Finance Director
Daniel J. DeMay, Esquire
Jeff O'Connor, Claims Manager, Gallagher Bassett Services
. ---~-
.. -'
( (
ADAMS, COOGLER, WATSON & MERKEL, EA.
LAWYERS
SUITE 1600 NCNB TOWER
MONROE A. COOGLER, .JR. 1555 PALM BEACH LAKES BOULEVARD
ROY R. WATSON WEST PALX BEACH, FLORIDA 33402-2069 SAMUEL H. ADAMS
ROBERT G. MERKEL - (1913-1981)
KEITH R. PALLO -
.JAMES C. BARRY TELEF>HON E (407) 478-4500 LC. SHEPARD. JR.
REED W. KELLNER F'ACSIMILE (407) 684-7346 OF' COUNSEL
-
CATHERINE L. KASTEN - ROBERT D. KEYSER
LOUIS P. PF'EFF'ER PLEASE REPLY TO OF'F'ICE MANAGER
DANIEL .J. DEMAY P.O. BOX 2069 HELLE H. McMIL\..'AN
DAVID M. GASPARI R. N.- PARALEGAL
VICTORIA A. COLEMAN
PATRICIA A. .JUDGE .JUDY G. MORAN
FAITH L. CONNOR PARALEGAL
SCOTT S. WARBURTON VICKI S. COMINSE
W. SCOTT HAMILTON August 28, 1992 LEGAL ASSISTANT
KAREN .J. VALENTE
KEITH M. HANENIAN
E. BARBARA BARIS
GRAY M. CAMFIELD
1-1r . Lee Graham
City of Delray Beach .-
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Frederick Zieglar v. city of Delray Beach
Claim No: 262-29-1846
D/A: 6/7/90
Our File: 91-484
C/SA No: 323-1265-WC-01
Dear Lee:
I have a copy of your 8/27/92 memorandum to Jeffrey Kurtz,
Esg. , regarding the results of the mediation. I wanted to point
out that the tentative agreement is even better for the City than
reported in your memorandum because the City will pay 50% of the
attorneys' fees and 2Ql of the taxable costs, as opposed to 60% of
each.
By the way, thanks for the kind words about the undersiqned
in your memorandum. I
I will keep both you and Jeff O'Connor posted as to the
progress of t:.i"le preparation and approval of the settlement
documents. Should you have any questions in the meantime, please
feel free to call me.
I
I
!
DJD/khb
cc: Jeff O'Connor
SEP C 1 C'':
"..'.,
ADAMS. COOGLER. WATSON 8. MERKEL USES RECYCLED PAF>ER I
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
i
SUBJECT: AGENDA ITEM # "8'fj - MEETING OF SEPTEMBER 8. 1992
WAIVER OF LANDSCAPE REOUIREMENTS/BLUE MAX GERMAN AUTOHAUS
DATE: September 4, 1992
We have received a request for waiver of Section 4.6.16 (H)(3)(d) of
the Land Development Regulations which deals with perimeter landscape
requirements. This section states that a five foot landscape buffer
must be provided around the perimeter of the site, and that hedges and
trees must be installed within the buffer.
The applicant is requesting a waiver to allow the existing site
conditions to remain. There is a section of the subject property
along the south property line with an existing fence and a 2.5 foot
sodded area. Immediately adjacent, on the neighboring property
(Shoney's Restaurant), there is a five foot landscape buffer which
includes a hedge and trees. Therefore, there is a total of 7.5 feet
of landscape area between the two properties.
The Site Plan Review and Appearance Board at their September 2nd
meeting recommended approval of the waiver request, subject to the
condition that an eight foot high opaque wood fence be installed along
the south property line.
Recommend approval of the waiver of LDR Section 4.6.16(H) (3) (d) to
reduce the required five foot wide landscape strip to 2.5 feet and to
omit the required hedge and trees, subject to the condition as
recommended by the Site Plan Review and Appearance Board.
.,/\
. ('
(1'/)
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: cJI~ jZ=AGER
THRU: ID J. KOVACS, DIRECTOR
DEPART E F P ING AND ZONING
FROM: PLANNING TECHNICIAN II
SUBJECT: MEETING OF SEPTEMBER 8, 1992
CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING
REQUIREMENTS [SECTION 4.6.16CH) (3) Cd)] FOR BLUE MAX
GERMAN AUTOHAUS, INC.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting a specific waiver in conjunction with a development
request involving site plan approval.
The development proposal is to establish a full service
vehicle repair facility within the west building (5,700
sq. ft. ) at the old Wallace Nissan dealership. The subject
property is located at the southeast corner of S.E. 9th
Street and S.E. 5th Avenue.
BACKGROUND:
This project involves the use of an existing site and building,
and most of the improvements will remain in their existing
configuration. The applicant has requested a waiver of Section
4.6.16(H) (3) (d) of the LDR's, which deals with perimeter
landscape requirements. This section states that a 5' landscaped
buffer must be provided around the perimeter of the site, and
that hedges and trees must be installed within that buffer.
There is a section of the subject property along the south
property line with an existing fence and a 2.5' sodded area.
Immediately adjacent on the neighboring property (Shoney's
Restaurant), there is a 5' landscape buffer which includes a
hedge and trees, for a total of 7.5' of landscape area between
the two properties. The applicant is asking that the existing
condition be allowed to remain, and that he not be required to
provide the additional 2.5' of buffer on his property.
.
.
City Commission Documentation
Meeting of September 8, 1992
Waiver to Perimeter Landscaping Requirements (Blue Max)
Page 2
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
The area in question is concealed from the Shoney's site by the
existing fence and hedge. It is not immediately visible from any
public right-of-way. The landscape code is being followed
throughout the remainder of the site, including those areas that
will have the most visual impact. A waiver of the requirement
will not create an unsafe situation or diminish the provision of
public facilities, and does not constitute a special privilege.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of September 2, 1992, the Site Plan Review and
Appearance Board recommended (4-0) that a waiver to LDR Section
4.6.16(H)(3)(d) (Perimeter Landscaping) be granted, to reduce the
required 5' wide landscape strip to 2.5' and to omit the required
hedge and trees. The waiver was conditioned upon the
installation of an 8' high opaque wood fence along the south
property line.
RECOMMENDED ACTION:
By motion, grant a waiver to LDR Section 4.6.16(H)(3)(d)
(Perimeter Landscaping) to reduce the required 5' wide landscape
strip to 2.5' and to omit the required hedge and trees based upon
a positive finding with respect to Sections 2.4.7(B)(5)(a) - (d)
and subject to the condition that an 8' high opaque wood fence be
installed along the south property line.
Attachments:
* Letter of Request
* Reduction of Landscape Plan
.
. ~ t 19fWJ' ~ '--
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P'-p;;.,~
DOAK S. CAMPBELL,UU Okc 9htm&.
ATTORNEY AT LAW ~f4
70 S.E, rOURTH AVENUE 9W-
DELRAY BEACH, rLORIDA 33463
TELEPHONE TELECOPIER
(407) 276-1690 (407) 276-5803
August 27, 1992 .
Mr. David J. Kovacs
Planning Director
City of Delray Beach
10C N.W. 1st Avenue
Delray Beach, FL 33444
In Re: Blue Max German Autohaus Site Plan Approval
Dear David:
In reviewing the final process for approval of the Blue Max
Autohaus Site Plan it has come to our attention that a waiver from
city commission will be necessary in order to eliminate the
requirement by city code of an interior landscaping buffer along
the south opaque fence line of the improved property. It is my
understanding that under the current code that property which is
only visible from the interior of the site and will be used for
parking and the temporary placement of autos requires landscaping.
This seems unnecessary in that the fence will be opaque and none of
the parking will be visible from the exterior. Also, all of the
area is currently paved and to tear up the paving and put in the
landscaping buffer would be an unfair and uneconomic adjustment to
the property improvement.
We request that the perimeter landscaping as required by city
code 4.6.16(H) (3)(0) be waived city commission being unnecessary in
this circumstance. Would you please review this matter and
schdeule before the city commission and contact me if there is any
information or documentation required on our part. Thank you for
your courtesy and cooperation.
Sincerely yours,
W-~-
Ooak S. Campbell, III
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM # 8:t:- - MEETING OF SEPTEMBER 8. 1992
WAIVER OF LANDSCAPE REOUIREMENTS/TENNIS CENTER
DATE: September 4, 1992
This item is before you to waive the perimeter landscape requirements
for the proposed expansion of the Tennis Center located at the
northwest corner of Atlantic Avenue and N.W. 1st Avenue.
Section 4.4.21 (H)(l) of the Land Development Regulations requires a
10 foot perimeter landscape strip along N.W. 1st Street. The request
is to waive this requirement completely due to the proposal to close
N.W. 1st Street and to construct improvements in the right-of-way.
These improvements include a landscape buffer of 14 feet (in part)
and 100 feet (in part) between the tennis facility and adjacent
residential properties. However, because some of this landscaping
will be within the public right-of-way, it does not comply with the
literal interpretation of the code.
Further, a 15 foot landscape strip is required along Atlantic Avenue.
A reduction to five feet is requested. As the southern row of
parking will consist of stabilized sod, a 23 foot green area will
exist along Atlantic Avenue.
The Site Plan Review and Appearance Board reviewed the waiver requests
and recommended approval.
Recommend approval of the following waivers to Section 4.4.21(H)(1)
CF District Regulations: ( 1 ) A reduction from 10 ft. to 0 ft.
landscape strip along N.W. 1st Street; and (2 ) A reduction from 15
ft. to 5 ft. landscape strip along Atlantic Avenue.
.
.
.0 0 ~
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
to1~~CTOR
ilARTMENT OF ~LAIlNING AND ZONING
FROM: P~DO~LAIlNER II
SUBJECT: MEETING OF SEPTEMBER 8, 1992
WAIVERS TO PERIMETER LANDSCAPING REQUIREMENTS rSECTION
4.4.21(H)(1)1 ASSOCIATED WITH THE EXPANSION OF THE
MUNICIPAL TENNIS FACILITY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of waivers to the perimeter landscape requirements
of Section 4.4.21(H)(1) (Community Facilities District) .
The waivers are associated with a proposed expansion of the
Municipal Tennis Center.
The subject property is located at the northwest corner of
Atlantic Avenue and N.W. 1st Avenue.
BACKGROUND:
The tennis facility expansion will accommodate the replacement of
the existing 12 tennis courts as well as provide additional
courts required by the Virginia Slims Tournament. Accommodation of
the required number of courts on this limited site restricts the
ability to provide special landscape areas that are required
within the CF district. Given the above, relief from these
requirements as described below is requested.
Section 4.4.21(H)(1) requires a la' perimeter landscape strip
along N.W. 1st Street. A reduction from la' to a' is requested
as closure of N.W. 1st Street and installation of physical
improvements within the right-of-way is contemplated. These
physical improvements will include a landscape buffer of 14'
in part and lOa' in part (including Lot 16) between the tennis
facility and adjacent residential properties. However, because
some of this landscaping will be within the public right-of-way,
it does not comply with the literal interpretation of the code.
Section 4.4.21(H)(1) further requires a IS' landscape strip along
Atlantic Avenue. A reduction from IS' to 5' is requested. The
standard 5' landscape separator between the south parking lot and
Atlantic Avenue is proposed. In addition, the southern row 0 f
parking will consist of stabilized sod, resulting in a total
width in green area of 23' along Atlantic Avenue.
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, '.
City Commission Documentation
Waivers to Perimeter Landscaping Requirements
[Section 4.4.21(H)(1)] Expanison of the Municipal Tennis Facility
Page 2
Given the above, while the "letter of the law" regarding the
special landscape requirement is not being followed the "intent"
is met through the provision of a 23' landscaped area along
Atlantic Avenue, and 14' in-part and 100' in-part along N.W. 1st
Street. Given the above staff is recommending approval of the
following requested waivers:
* A reduction from 10' to 0' along N.W. 1st Street.
* A reduction from 15' to 5' along Atlantic Avenue.
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed the
waiver requests at their meeting of September 2, 1992. The Board
recommended the City Commission grant the waivers on a 4-0 vote.
RECOMMENDED ACTION:
By motion, approve the following waivers to Section 4.4.21(H)(1)
CF District Regulations:
* A reduction from 10' to 0' landscape strip along N.W. 1st
Street; and,
* A reduction from 15' to 5 ' landscape strip along Atlantic
Avenue.
PD/CCTENLAN.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'I1
SUBJECT: AGENDA ITEM # J?:r - MEETING OF SEPTEMBER 8. 1992
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
DATE: September 4, 1992
At the February 11, 1992 regular meeting the Commission approved an
agreement which provided for the establishment of a Countywide
Multi-jurisdictional Roadway Sobriety Checkpoint Task Force until
September 30, 1992. This item is before you to approve a similar
agreement until September 30, 1993, with automatic one year renewal
periods thereafter.
The Task Force will be composed of police officers from Boca Raton,
Delray Beach, Boynton Beach, Greenacres, Lake Worth, Jupiter, West
Palm Beach, Royal Palm Beach, Town of Mangonia Park, Riviera Beach and
the Palm Beach County Sheriff's Office. The purpose of the Task Force
will be to establish checkpoints which are designed to reduce the
number of traffic accidents and fatalities attributable to driving
under the influence of alcohol or other controlled substances. During
the effective period of the agreement, sobriety checkpoints will be
conducted on a monthly basis.
Under the agreement, the City has the responsibility to assign
equipment and personnel to the Task Force. The City shall bear the
costs for loss or damage to any equipment which is furnished and shall
pay expenses incurred in the operation and maintenance of any
equipment . Additionally, the City shall compensate its employees
during the time of rendering such aid to the Task Force, and defray
the actual travel and maintenance expenses of employees while they are
assisting the Task Force, including any amounts paid due for
compensation as a result of personal injury while they are rendering
assistance to the Task Force.
Recommend approval of the Voluntary Cooperation Mutual Aid Agreement.
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1:17)1 OF DElRRY J1E~[H
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MEMORANDUM
TO: City Commissioners
FROM: Eric D. Hightower, Esq., Police Legal Advisor
DATE: August 31, 1992
SUBJECT: D.U.I. Mutual Aid Agreement
===========================================================-====-==
Attached for your consideration is a copy of the proposed D.U.I.
Mutual Aid Agreement. This agreement is between all the
municipalities listed which approve of the agreement as is. In
addition, our City Attorney's Office approves of the agreement as
well.
The purpose of the agreement is to allow all police departments to
assist each other in the enforcement of the D. U. I . laws of the
State of Florida throughout Palm Beach County.
The City's liability will not be affected by this agreement.
Section III, subsection (5) 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.
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:l }} I
cc: David Harden, City Manager
Jeff Kurtz, City Attorney
'.
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COUNTY-WIDE
MULTI-JURISDICTIONAL ROADWAY SAFETY & SOBRIETY
CHECKPOINT TASK FORCE
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
THIS AGREEMENT is entered into between Boca Raton Police
Department, Boynton Beach Police Department, Delray Beach Police
Department, City of Greenacres Department of Public Safety, City of
Lake Worth Police Department, Jupiter Police Department, Palm Beach
County Sheriff's Office, and West Palm Beach Police Department,
Royal Palm Beach Police Department, Town of Mangonia Park
Department of Public Safety and the Riviera Beach Police
Department.
WIT N E SSE T H:
WHEREAS, the parties to this agreement have joined
together in a County-Wide Multi-Jurisdictional Roadway Safety and
Sobriety Checkpoint Task Force designed to reduce the number of
traffic accidents and fatalities attributable to driving under the
influence of alcohol or other controlled substances; and
WHEREAS, the parties to this agreement have agreed to
join together to form a County-Wide Multi-Jurisdictional Roadway
Safety and Sobriety Checkpoint Task Force designed to heighten the
awareness of the dangers of driving while intoxicated throughout
Palm Beach County; and
. WHEREAS, the parties to this agreement have the authori ty
under Part .I of Chapter 23, Fla. Stat. (1991) (as amended 1992
.
session law at 92-165) , entitled the "Florida Mutual Aid Act", to
enter into a voluntary cooperation agreement for assistance of a
routine law enforcement nature that crosses jurisdictional lines
pursuant to Section 23.1225(1), Fla. stat. (1991) (as amended 1992
session law at 92-165);
NOW, THEREFORE, the parties agree as follows:
SECTION I _ PROVISIONS FOR VOLUNTARY COOPERATION:
l. Each of the law enforcement agencies herein
identified as the parties to this agreement hereby approve and
enter into this agreement whereby each of said law enforcement
agencies agree to assign equipment and personnel to the County-Wide
Multi-Jurisdictional Roadway Safety and Sobriety Checkpoint Task
Force.
2 . The parties agree that safety and sobriety
checkpoints will be conducted during the agreement period. Said
checkpoints will be established within the jurisdictional confines
of the law enforcement agencies participating as parties to this
agreement.
3. The members of the County-Wide Multi-Jurisdictional
Roadway Safety and Sobriety Checkpoint Task Force will conduct
safety and sobriety checkpoints in an effort to promote roadway
safety and to raise public awareness relative to driving under the
influence by stopping motor vehicles passing through said
checkpoints to check for vehicle safety and to briefly examine
drivers for signs of intoxication.
2
.
SECTION II. POLICY AND PROCEDURE:
1. The parties to this agreement will assign equipment
and personnel to the County-Wide Multi-Jurisdictional Roadway
Safety and Sobriety Checkpoint Task Force. Each member of the task
force will assist in establishing safety and sobriety checkpoints
within the jurisdictional confines of the law enforcement agencies
participating in this agreement.
2. Safety and sobriety checkpoints will be established
throughout the county from October of 1992 through September 30,
1993.
3. Safety and sobriety checkpoints will be scheduled on
a monthly basis with the location of each checkpoint to be based on
statistical research pinpointing areas in the county where safety
and sobriety checkpoints will be most effective.
4. Safety and sobriety checkpoints will be implemented
in accordance with recognized guidelines regarding planning, site
selection, and with public notice being given prior to
implementation of said safety and sobriety checkpoints.
SECTION III. POWERS, PRIVILEGES, IMMUNITIES AND
COSTS
1. Members of the task force as designated by the
parties to this agreement, when actually engaging in mutual
cooperation and assistance outside of the jurisdictional limits of
their city, under the terms of this agreement, shall, pursuant to
the provisions of Section 23.127(1) Fla. Stat. (1991) (as amended
1992 session law at"92-165), have the same powers, duties, rights,
3
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, .
privileges and immunities as if they were performing their duties
in the political subdivision in which they are normally employed.
2. If, during the course of conducting a safety and
sobriety checkpoint, a member of the task force observes a
violation of Florida statutes other than a D.U.I. related offense,
said member, representing their respective agency, and ln
furtherance of this agreement, shall be empowered to render
enforcement assistance and act in accordance with law.
3. The parties to this agreement who furnish any
equipment pursuant to this agreement shall bear the loss or damage
to such equipment and sha 11 pay any expense incurred in the
operation and maintenance thereof.
4. The parties to this agreement shall compensate its
employees/appointees during the time of the rendering of such aid
and shall defray the actual travel and maintenance expenses of such
employees/appointees while they are rendering such aid, including
any amounts paid or due for compensation due to personal injury or
dea th whi 1 e such empl oyees/ appointees are engaged in rendering such
aid.
5. All the privileges and immunities from liability,
exemption from laws, ordinances and rules, and all pension,
insurance, relief, disability, worker's compensation, salary, death
and other benefits which apply to the activity of such officers,
agents or employees of any such agency when performing their
respective functions, within the territorial limits of their
respective public a~encies, shall apply to them to the same degree,
4
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.
manner and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of
this mutual aid agreement. The provisions of this section apply
with equal effect to paid, volunteer and reserve employees.
SECTION IV. INDEMNIFICATION:
Each party to this agreement engaging in any mutual
cooperation and assistance, pursuant to this agreement, agrees with
respect to any suit or claim for damages resultin9 from any and all
acts, omissions or conduct of such party's own
employees/appointees, occurring while engaging in rendering such
aid pursuant to this agreement, be responsible for its own
negligence and liability and the negligence and liability of its
appointees or employees, subject to provisions of Section 768.28,
Fla. stat. (1991), where applicable. Nothing contained herein shall
be deemed to constitute a waiver of Sovreign Immunity.
SECTION V. LIABILITY INSURANCE:
Each party to this agreement shall provide satisfactory
proof of liability insurance by one or more of the means specified
in Section 768.28(14), Fla. Stat. (1991), 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 to this
agreement 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 or actual knowledge of such change.
S
.
.
SECTION VI. EFFECTIVE DATE:
THIS AGREEMENT shall take effect upon execution and
approval by the hereinafter named agency heads of the parties to
this agreement and shall continue in full force and effect until
September 30, 1993, unless terminated prior thereto by any or all
of the parties therein.
SECTION VII. CANCELLATION:
THIS AGREEMENT may be cancelled by any party upon
delivery of written notice to the other parties to this agreement.
Cancellation will be at the direction of any su~scribing party.
SECTION VIII. ENTIRE AGREEMENT:
THIS AGREEMENT embodies the entire agreement between the
partfes hereto.
SECTION IX. FILING
THIS AGREEMENT shall be fi 1 ed wi th the Florida Department
of Law Enforcement pursuant to Florida Statutes Sec. 23.1225(4) (as
amended 1992 session law at 92-165) by the entity that last
approves the agreement.
THE PARTIES HERETO cause these presents to be signed on
the date specified:
6
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Chief Peter A. Petracco Mayor Arline Weiner
Boca Raton Police Dept. City of Boynton Beach
Boca Raton, Florida Boynton Beaoh, Florida
Date Date
Mayor Thomas Lynch Director John T. Treanor
City of Delray Beach Greenacres Dept. of Public
Delray Beach, Florida Safety
Greenacres City, Florida
Date
Date
Mayor Ronald E. Exline Chief Richard J. Westgate
City of Lake Worth Jupiter Police Department
Lake worth, Florida Jupiter, Florida
Date Date
Sheriff Richard P. Wille Chief B. R. Riggs
Palm Beach County West Palm Beach Police Dept.
West Palm Beach, Florida West Palm Beach, Florida
Date Date
Chief Jeff Waites Chief Joseph von Dembowski
Royal Palm Beach Police Dept. Town of Mangonia Park
Royal Palm Beach, Florida Department of Public Safety
Mangonia Park, Florida
Date
Date
Clara K. Williams
Mayor
City of Riviera Beach, Florida
Date
END OF DOCUMENT
7
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Mayor Thomas Lynch
City of Delray Beach
Delray Beach, Florida
Date
Approved as to form and
Legal Sufficiency:
City Attorney - Delray Beach
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 971)
I
SUBJECT: AGENDA ITEM # ~~ - MEETING OF SEPTEMBER 8, 1992
AUTHORIZATION TO PROCEED/BEACH NOURISHMENT PROJECT
DATE: SEPTEMBER 4, 1992
This item is before you for approval of an authorization to proceed
with pre- and post-construction surveys for the Beach Nourishment
Project. These services are covered in Section 4.1.1.1 of our
contract with Coastal Planning and Engineering, Inc. , in an amount not
to exceed $30,600.
Construction surveys are required before and after fill placement to
provide control and to compute the volume of fill placed by the
contractor. Approximately 25 on-shore and off-shore profiles will be
run for each survey, extending from the back of the dune to a depth of
30 feet in the water.
Recommend that the City Commission authorize and direct the City
Manager to authorize Coastal Planning and Engineering, Inc. to proceed
with pre- and post-construction surveys, in an amount not to exceed
$30,600: with funding from Beach Restoration-Erosion Control (Account
No. 332-4164-572-34.38) .
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CITY COMMISSION DOCUMENTATION
TO: Manager
of Planning and Zoning
FROM: John Walker, project coordinato~vV~
'S~ e Qfj(.
SUBJECT: MEETING OF AYCYST 2S, 1992
AUTHORIZATION TO PROCEED, BEACH NOURISHMENT, PRE- and
POST- CONSTRUCTION SURVEYS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of an authorization to proceed with pre- and post-
construction surveys for the Beach Nourishment Project.
BACKGROUND:
Construction surveys are required before and after fill
placement for the Beach Nourishment Project to provide control
and to compute the volume of fill placed by the contractor.
Twenty-five onshore and offshore profiles will be run for each
survey, extending from the back of the dune to a depth of thirty
feet of water. Fill volumes and pay volumes will be computed.
Monumentation will be located and replaced as needed.
This item is covered in Section 4.1.1.1 (additional services) of
our contract with Coastal Planning and Engineering, Inc.
Funding is available in the Beach Restoration Fund and is
reimbursable from Federal, State and County appropriations.
RECOMMENDED ACTION:
By motion, authorize and direct the City Manager to authorize
Coastal Planning & Engineering, Inc. to proceed with Pre- and
Post- Construction Surveys, in an amount not to exceed $30,600.
as requested in their attached correspondence.
Attachment: * Letter from CPE
T:SURVEY1.DOC
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COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
COASTAL PLANNING & ENGINEERING, INC. BIOLOGICAL STUDIES
GEOTECHNICAL SERVICES
BOCA RATON: 2481 N.W BOCA RATON BOULEVARD, BOCA RATON. FL 33431 (407) 391-8102 TELEFAX: (407) 391-9118-
SARASOTA: 1605 MAIN STREET. SUITE 8DD. SARASOTA. FL 34236 (813) 365-5957 TELEFAX: (8131954-602
.JACKSONVILLE: 1542 KINGSLEY AVENUE. SUITE 142E. ORANGE PARK. FL 32073 (904) 264-5039 TELEFAX: (904) 264-503.
4818.67 ~1ttlEnwIE1U)
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 Consbuction 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.
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Mr. John Walker
August 4, 1992
Page 2
ll. Pre- and Post-Construction Swveys
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-l90 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~v~
Kim E. Beachler, P.E.
Vice President
cc: T. Campbell
B. Gilbert
dbOl:Walker.730
COASTAL PLANNING & ENGINEERING, INC. . BOCA RATON. SARASOTA. ..JACKSONVILLE
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[IT' DF DELHA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
August 27, 1992
Richard E. Walesky, Director
Palm Beach County
Envirnmental Resources Management
3111 S. Dixie Highway
West Palm Beach, Florida 33405
Re: Delray Beach Renourishment Proiect
Pre- and Post-Construction Surveys
Dear Richard:
As you are aware, the contract for our beach renourishment
project has been bid, contractor selection has been made, and we
are anticipating an October commencement date.
During our recent discussion you mentioned that there may be
certain aspects of the project which your office may be able to
accomplish more expediently and at less expense than through our
retained consultants. .One of the special authorizations which
we will be making is that for pre- and post-construction surveys
which will provide controls and basis for computing the volume
of fill. The scope o.f the work includes twenty-five on shore
and off shore profiles for each survey. These will extend from
the back of the dune to a depth of thirty feet of water. Fill
volumes and pay volumes will be computed and monumentation will
be located and replaced as needed. Our consultants are seeking
authorization to proceed with a project cost of $30,600.
Pursuant to our discussion, I am seeking your interest in
performing this task. Of course, we are looking at completing
the task in order to accommodate our mid-October start date and
with a significant cost savings. If you desire to undertake
this please inform me as soon as possible. If I do not hear
from you, the authorization for our consultant to proceed will
be placed before our City Commission at its regular meeting of
september 8th.
Sincerely, -...... "'-';';;-' .--:;-......."
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City Manager ':..- -'.'~. '
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David Kovacs, Director of Planning ~L;\\\~~ \ ~ ~ \ ~ ..,f'''--
John Walker, Project Coordinator
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THE EFFORT ALWAYS MATTERS
~._-------------'-"-"------'----~-'._---_.__._--
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # YL. - MEETING OF SEPTEMBER 8. 1992
RENEWAL OF TENNIS PROFESSIONAL CONTRACT
DATE: September 4, 1992
This item is before you to approve a one year extension of the
contract with Mr. Ed Foster for tennis professional services. The one
year period is from September 30, 1992 to September 30, 1993. All
other provisions are the same as previously approved in the original
agreement and subsequent amendments.
Recommend approval of the one year extension of contract for tennis
professional services with Mr. Ed Foster.
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CITY OF DELRAY BEACH
DELRAY BEACH TENNIS CENTER
TENNIS PROFESSIONAL CONTRACT
THIS CONTRACT, entered into this Ie. , day of5~ 198-'-,
by and between the City of Delray Beach. hereinafter referr d to as "City"
and Edward Foster hereinafeer referred to as "Tennis Professional".
WHEREAS, the City of Delray Beach has provided certain recreation facilities
known as the Delray Beach Tennis Center for the use and benefit of the public
under the administration of the Delray Beach Parks and Recreation Department.
WHEREAS, the City has determined it to be in the public interest to contract
with a Tennis Professional for the purpose of assuring competent management
in order to furnish recreation opportunities to the public of the highest
quality and at a reasonable rate.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
it is agreed by and between the City and the Tennis Professional, that:
1) Terms of Contract
a) The term of this contract shall commence on October let ,
198 6 . and shall end at the close of business on September 30 .
198 8 , unless sooner terminated under the provisions of this
contract.
b) The Tennis Professional may terminate this Agreement by giving
ninety (90) days vritten notice to the City. The City may
terminate thi. agreement only for the ground. .et/forth a.
grounds for discipline or termination in the Per.onnel Policies
and the Civil Service Code of Rules and Regulations of Delray
Beach as those rule. are sub.equently amended. In the event
of termination, the Tenni. Profes.ional shall liquidate hi. pro
shop inventory or remove the inventory at hls cost prior to the
termination date. In the event of termination. all fixture.
and improvements to the pro shop shall become the property of
the CitYi except that the Tennl. Professional may remove any
equipment set forth in the list of equipment required.
c) By execution and acceptance of this agreement and as further
consideration to induce the City to enter into this employment
agreement, the Tennis Professional hereby waive. and forfeits
any rights, if any, he may have had as a classified employee
of ehe City. This agreement contains all the employment prOVi-
sions and conditions of the Tennis Professional's employment
....ith the City.
d) This contract shall be renewed for successive one (1) year
terms if both parties agree in terms for such renewal period
or periods in writing ninety (90) days before the expiration
of the contract.
2) The Contract Premises
a) The Tennis Profe,sienal shall provide a retail tennis pro shop
for the sale of tennis balls, eennis racquets. wrist and head
bands, shoe apparel. tennis clothing and stringing of racquets; .
r~ntals of tennis equipment and any other activity normally )
associated with tennis pro shop operations. The merchandise
offered for sale shall be offered at reasonable rates to yield
the Tennis Professional a reasonable profit and no premium
shall be added for the locational advantage to the Tennis Pro-
fessional as a result of the privilege granted to sell tennis
merchandise on City property. There shall be no sale of mer-
chandise not normally associated with tennis, except on approval
by the City manager. The shop shall be open to the public be-
tween 8:00 a.m. and 9:00 p.m. during the months of October
through March and 8:00 a.m. and 8:00 p.m. during the months of
April through September.
:~:l~~~~~~)~...::3\-~~,""- .-.~. 1;1IlCQ..--
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3) Services co be Provided by the Tennis Professional
a) The Tennis Professional shall be responsible to the Parks and
Recreation Director for the operation and management of the
tennis center. This responsibility shall include, but not be
limited to, accepting reservations for tennis courts as pro-
vided by the rules and regulations of the tennis center,
appropriately scheduling the use of the tennis courts and
policing the use of the tennis courtS by assuring proper start-
ing and finishing times. Further, the Tennis Professional shall
collect the proper fee from the public users of the tennis
courts and require proper identification for determining the
correct fee. -
b) The Tennis Professional shall promote the game of tennis and
actively seek and conduct tennis tournaments. tennis leagues.
tennis clinics. and other tennis programs deemed to be in
the best interest of the City.
c) All tennis equipment, merchandise, supplies. sportswear. etc.
shall be ordered and paid for by the Tennis Professional;
and all sales tax and other taxes that might be due and payable ..--
as part of the pro shop shall be paid in the name of and shall
be the responsibility of the Tennis Professional.
d) Any State. City. professional or other licenses required for
the appropriate operation of the pro shop must be obtained
upon the application and at the expense of the Tennis Professional.
e) The Tennis Professional shall give private tennis instruction
to the public. The fee for tennis instruction shall be a
maximum of $ 15.00 per one-half 0/2) hr. The maximum instruction
rate may be increased by the City Manager upon request by the
Tennis Professional if good cause is shown.
, I
f) The Tennis Professional shall collect all revenue~ from member-
ships, court fees, etc. and shall place such revenues in a
cash register provided by the City that is separate from other
monies collected in the pro shop. These revenues shall be
deposited with the City in a manner prescribed by the Director
of Parks and Recreation.
g) The Tennis Professional shall provide adequate supervision over
the tennis center. including, without limitation, supervision of
City employees assigned to the tennis center. The Tennis Pro-
fessional shall be on the premises of the tennis center at
least 40 hours per week, normally Tuesday through Saturday.
The Tennis Professional may be absent for illness, holidays.
vacation and other activities approved in advance by the
Director of Parks and Recreation.
4) Salary, Compensation, and Payment to the City
a) While this agreement is in force and effect, the Tennis Profes-
sional shall be paid for his services hereunder the sum of
$21,185.86 annually to be paid
in bi-weekly installments. In the second year of the contract.
the Tennis Professional shall receive a salary increase and per-
formance bonus as ~rovided for general employees.
b) The Tennis Professional shall participate in the same manner and
to the same extent aa a classified employee of the City in the
general employee's pension plan and health plan.
.
c) The Tennis Professional shall be entitled to such~ ~e. ho~ys
and sick leave as is currently provided to general employees.
d) The Tennis Professional shall have the exclusive right to teach
private individual or group lessons at the tennis center and
the exclusive right to operate a tennis pro shop and to repair
and re-atring tennis racquets and grips at the tennis center.
Additionslly, the Tennis Professional may deiagnate one tennis
court at the tennis center for teaching private les80ns.
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4) Continued...
d) Continued...
When teaching clinics or group lessons he may designate
cwo (2) courts. The designated courc should be available
to the public when not in use ~f che Tennis Professional.
e) The Tennis Professional agrees co pay che City $75.00 per
month for the priveledge of operating a tennis pro shop,including
the proceeds from vending machines. Such payment will be made by
the 10th of each month. -
f) The Tennis Professional shall provide to the City a copy of
that portion of his federal income tax return which reflects
his revenue, expenses, and net taxable income resulting from
his activities under this agreement. Such copies shall be
delivered no later than April 15th of each year. In addi-
tion, the Tennis Professional permits representatives of the
City Finance Department to make appropriate spot checks of
daily receipts without notice.
g) The Tennis Professional shall su~ply the City with a quarterly
profit-loss statement showing expenses, retail sales, and les-
son revenues and other pertinent information that may be re-
quired.
5) Non Discrimination Clause
a) The Tennis Professional shall ov~rate the pro shop without
discrimination or to sex, race, age, creed, color, or national
origin.
6) UCilities !
a) All costs for gas, water, sewage, electricity, telephone and
crash removal at the pro shop shall be paid for by the City,
b) In no event shall the City be liable for che interruption or
failure to supply utilicies to che pro shop.
c) The Tennis Professional agrees to keep the present security
system and to pay one-half (1/2) for all billing concerning
maintenance and monthly operating costs.
7) Assignments and Subcontracts
a) The Tennis Profesaional agrees not to assign this contract,
in whole or in part, nor subcontract all or any part of
this contract, without written consent of the City Manager.
8) General
a) Upon execution of this agreement, the Tennis Professional shall
furnish to the City Manager a list of equipment, other than
inventory of retetl .ales, which is deemed by the Tennis Pro-
fesaional to be hi. personal property. Any subsequent instal-
lation of equipment myst be approved by the City Manager. Only
the items of equipment listed on the inventory will be subject
to removal by the Tennis Professional on termination of thi'
agreement.
,
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b) The City shall provide the courts, nets and supplies required
for the use of the tennis courts.
c) The City shall supply personnel for the operation and main-
tenance of the tennis center and the number of employees
and their compensation shall be determined by the City.
d) The Tennis Professional shall provide through the United States
Professional Tennis Association liability insurance that in-
clude. $1,500.000 Bodily Injury and/or Property Damage Liability.
e) The Tennis Professional shall carry insurance to cover all
the items sold in the pro shop and other item. belonging
to the Tenni. Professional. The City will assume no responsi-
bility nor insure any items that belong to the Tennis Profes-
sional.
f) The Tennis Professional will afford no one the free use of the
tennis courts except as a courtesy to other United States Pro-
fessional Tennis Association professionals.
g) The City Manager shall be the sole arbitrator of any disputes
of this Agreement and his determination will be final.
CITY OF DELRAY BEACH, FLORIDA
.
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-. ATTEST:
~-'" 1k~"J , /" ) ./'
/ ,
/ ') /
., . /" _.-t .. / . ~.~-'_
. usan H. orn.son, Asst.CityClI:K James Pennington, City Mal1ager_ J.'
~&cZ1 ~"j~
Ed Foster, Tennis Professional
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\_--- l......
ADDENDUM TO TENNIS PROFESSIONAL CONTRACT
This Addendum entered into this oZ 9 ct: day of
sr~ , 1988 between the City of Delray Beach,
Florida ("City") and Edward Foster ( "Tennis Pro"), hereby
renews for a period of one ( 1 ) year, the Tennis Professional
Contract entered into on September 16, 1986 (the original
agreement).
NOW, THEREFORE, in consideration of the mutual
promises contained herein, it is agreed by and between the City
and the Tennis Professional that:
l. The renewal of this contract pursuant to
paragraph--l (d) of the original agreement, shall be for a one
year period commencing on September 30, 1988 and shall end at
the close of business on September 30, 1989.
2. That Section 3(e) of the original contact is
hereby amended to provide that the fee for tennis instruction
shall be eighteen dollars ($18.DO) per half hour.
3. The seventy-five dollar ($75.00) monthly rental
fee referred to in paragraph 4(e) of the original agreement
remains unchanged, but 1.S subject to renegotiation at the
City's request, at such time the City has located its new
Tennis Center at Lake Ida Park.
.
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4. The insurance referred to in paragraph 8(d) of
the original agreement is required as part of this addendwn,
however, the amount required herein shall be one million
dollars ($1,000,000.00).
5. All other terms and conditions of the original
agreement dated September 16, 1986 shall remain unchanged and
in full force and effect.
CITY OF /~RAY
By:
r
ATTEST:
G~4~ Lj~
City lerk
Ed Foster
Tennis Professional
Approved as to Legal Form
and Sufficiency:
~7Mr
2
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,
ADDENDUM TO TENNIS PROFESSIONAL CONTRACT
This addendum entered into this ~/~ day of t?~ '
1989, between the City of Delray Beach, Florida ("CITY" and Edward
Foster ("TENNIS PRO"), hereby renews for a period of one (1) year, the
Tennis Professional Contract entered into on September 16, 1986 (the
original agreement).
NOW, THEREFORE, in consideration of the mutual promises contained
herein, it is agreed by and between the City and the Tennis Professional
that:
1- The renewal of this contract pursuant to paragraph 10 of the
original agreement, shall be for a one year period commencing
on September 30, 1989 and shall end at the close of business on
September 30, 1990.
2. The seventy-five dollar ($75.00) monthly rental fee referred to
in paragraph 4E of the original agreement and paragraph 3 of
the addendum remains unchanged, but is subject to renegotiation
at the City's request, at such time as the City has located its
new Tennis Center.
3. The Tennis Professional shall receive a salary increase and
performance bonus as provided for general employees.
4. All other terms and conditions of the original agreement dated
September 16, 1989 and the addendum entered into June 29, 1988
'~l remain unchanged and in full force and effect.
CITY OF DELRAY BEACH, FLORIDA
,
By: S~ /../'- .-' -? ,,</~
~. . . -.- -,.,.,..---/ .- .". -. . ~
(11 t+- Y 0 r<:.
ATTEST:
.r
~~/7. 4~_ ~~ ~.f~,
City Clerk
Ed Fos er, Tennis Profess1onal
.
, . "
ADDENDUM TO TENNIS PROFESSIONAL CONTRACT
This Addendum entered into this ~, day of
.,trt"#1t~A ), 1990 between the City of Delray Beach, Florida
(" ity") and Edward Foster ("Tennis Pro"), hereby renews for a
period of one (1) year, the Tennis Professional Contract entered
into on September 16, 1986 (the original agreement).
NOW, THEREFORE, in consideration of the mutual promises
contained herein, it is agreed by and between the City and the
Tennis Professional that:
1- The renewal of this contract pursuant to paragraph
1 (d) of the original agreement, shall be for a one year period
commencing on September 30, 1990 and shall end at the close of
business on September 30, 1991-
2. The seventy-five dollar ($75.00) monthly rental fee
referred to in paragraph 4(e) of the original agreement and
paragraph 3 of the addendum remains unchanged, but is subject to
renegotiation at the City's request, at such time the City has
located its new Tennis Center.
3. The Tennis Professional shall receive a salary
increase and performance bonus as provided for general
employees.
4. As a clarification of the current contract, the Tennis
Pro shall pay all expenditures for registration, trophies,
balls, etc. and receive all revenues from the five ( 5) junior
" tennis tournaments held each year. All revenues from other
, tournaments shall be deposited with the City.
5. All other terms and conditions of the original
agreement dated September 16, 1986 and the addendum entered into
June 29, 1988 shall remain unchanged and in full force and
effect.
CITY OF DELRAY BEACH, FLORIDA
By: Ut:(J~
David T. Harden, City Manager
ATTEST:
&:7 - iI / / c
r. .-._. '- / ,,_~ ~,,-...--r---
_ ( {;, 'u on fJ7? (I ....11/( (/ 0" / ( ! "" I j
City Cl-erk I I ~ _ldu~
/
~'
Ed Foster
Tennis Professional
Approved as to Legal Form
and Sufficiency.
_.H'" '" ,.-"., .,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM # 8'1 - MEETING OF SEPTEMBER 8. 1992
RENEWAL OF LEASE AGREEMENT/GELCO SPACE
DATE: September 4, 1992
This item is before you to approve the renewal of a lease agreement
with Gelco Space for two trailer units for the Fire Department. This
is a one year renewal, at a per month cost of $300 per trailer. The
trailers are used as additional office space at the Central Fire
Station. Funding is available in Fire Administration - Rental
Equipment (Account No. 001-2311-522-33.42.
Recommend approval of the renewal of lease, for a period of one year,
with Gelco Space for two trailer units, at a cost of $300 per month,
per trailer, with funding from Fire Administration - Rental Equipment
(Account No. 001-2311-522-33.42).
iemovEJJ feam (bnscnf ht{ m/#.fOt::.-
(~ RS 9.M)
~6-0
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u:ASE AGRE.oM".... i "'0: ~4:2'G'-
" IiEICDSPACE AENEWAl~ LEASE' ~~ . ~
CREDIT APf'AOVAl . 176 U li ,. f .
BRANCH' 404 CtJST'C)MER. 2459
BUSINESS CODE 80.&0 .
.
SAlES CONTACT
=~:~=::r:-=: === ~.:...tM_ ofdellwery'" . SAlES CONTACT PHONE' 4M..3.41-'AU
RElVRN EQUIPMENT TC ~ COMPflEH~WAIVER"-OI~llr Accept
Inlllall"ll IIlocll, aa_ to peel.:' lIonal
I per =- from tile out until tile
d-. :; In 0......... n for tile ...-... on tile
part 0 tile "- ~alned In CondltIOn 5(fl ~
GeloOSp.- ~ - .....
StrMt 200 North 0:lncD:e8a Awn..III UA8lUTY WWEFI ~ 01 Ita ~ llr InIttaIlng Accept
City Delray BelIch Ste,.. Ft. ~ 33445 ~ au;: ~~ :::-.:::::.. date In, In
~1On for tile ....-c on tile I*l 0/
"'- 407.276-9752 tile ~ contained In ConcIItlOn !I(C11 _ XXDecllne
-
GELCO Il'AC" a ........ of ~ h........... ,." ..... a ".~.rtva... ~ ....................10 _ ~u.-" __ ......, ....tIle ~ _
apeolllod ...... 10:
N_ City ~ De.lzay Beecb. Ft. (Fire DIDt.) ."- TaI,407-243-2lW.4 ',0.' 101679
AdlIr.- 100 N. w. F1Dt JM!nJe ClIy n.1 ~ ....... ..... J.l'L ~ 33.U4
"-__ ......,.........~__ ~......-1...dayof Aug. 1...9L. far. ........ ..... of 12 ~1IontaI"""",
Lessee mlY conlinue 10 18_ IIIe equiplMllt ~naled lI_n att. IIIe eKplnl\klft data. under tile _ of Condition ~. r_ Ilde. Written nolice llr the Leuee .s
required 60 days prior 10 llIe return of the equlpmant. L_ ag... to pay l.aeIOiS~ __ and In adVance on tile ftrst day, the Rental C~~Condibon 8(bl
Ind 8(c) rev_ side) indicated for lhe _ lilted equl_1 II lollowtl: S per dIY, S 173.00 per _, S 300 per "Rental
Monln" pluI 'YilY cnarg.. lor Com~'r WliWr and Llabllity WaiWr "~?l-ed 1_. Additional ~ cllargeo .,.; .. .SI.d
Deliyery S . Installation S . Moc:tillcatton S . D_mantll"ll S . Return Delivery S
Otn... ClIlrg.. will be billed in adYanca witlllhe Inlllal Rental ClIarge. Applicable State and local Sale and U" TIX.. and oilier Direct TIX.. (Condilion 2(1) reve...
side) sllail be due and payable 10 the L_ by tIl. ~ .wllen In_. ClIarges due '*-under allaN be ",,"iliaci to tile L_ at Two Bala Plaza. BI'a Cynwyd, PA
1~. unlea ollle"",l.. Indicated on lhe LtII8Or'1 Invoice. The t...o equipment will be located at
AdcnM Fire Statim County FL-099 CIty 1>>1 "'V __--0.. IIaIa P'L OTCode~
(8ubjeat to ConcIItIOn 11 on _ ...
~ _I '06mr any damagelto t~ and wtll pay. minimum cleMlng cIW1Ie lot. IlllK not rwtumacIlft a CIeM___lIon.
Unit No. SaItalNo. S~Only 0 V_ ~ No I_VaIuatlonI 12.500.00
Inatructlonl Credit QX1diticn8a Rlne
"To be billed at c:u:a:et mte at t.imIt of retum. I..- will be l.iable fer a
if unit ia not vhm Leaar ia DOt1fied via wnttea to
requires 1hat . ~ Option be included .. peIl 01 this aar-nant. Lesaot will allow Le_
10 purchua 1II1s equipment 1\ the .xpiratIon 01 tile MInimum Period for S .. fifty '*'*" oItha rent8I paid for tile Mlninun Period .. SIll out above.
Such minimum period alIall not e>aad 2~ mon1lI tann for pulIlOII 0/ application 01 rent8I paid IIgIIirlIl the ~ Option Pr1ca.
No Agent. ampIoyee or represMllIIMt 0/ L.-aor '- eIT'f IUlhor1ty for eIT'f repl_l\lIlIol. or W8tIWlIy ooncaming the Equipment I8IlIId putIUMllll this agrwamant IlIaI'S nol
speeilieaJly included lIeNin. L_ 1Ida-*lgaa 1hat lie Is not. In leasing this Equipftwll. relying upon eIT'f WIITIIlly. promiee. or ..-lion not SIll toM In llIis
agreement. and ...... 10 altha _ III tortIlllaNin .n.a III for\lI in addandllllllldlad lIaraIo. '--'s obIigalIonIlIenlunder slIaI not be IUIlject to I1rf addilionai
proviaion or PfO\IiSiOll(s) I~ willi this ~ 1hat may be oonIIinad in ~'s Pun:Iwa Ordat.
IN WlTN!SS WHEREOf'. lha IlaNeo ".". .llICUIId lIllII A...... euIIIact to lha ..",. and -..... IIINIn ... IarlIt andllaMd on IIolII aldaS 01 IlIls
AgtMlI*IL Sl9Md to ConclItIon 14, _ ....... ...ll.- day of AaqJft t9.21...
., ~, .ml. .,X SIB ATrAaiID RI!I8IAL IE1'TER
Slgnat.... 01 ~ or Aut~ Agent
DELIVERY COMPlEX OR RETURN COMPlEX OR
OVERALL UNIT SIZE -1!!,,~ ...1t.!.....,,~ OVERALL UNIT SIZE _"_ BUILDING SIZE _)(_
Rlgllt Side Rear Cetll"ll Floor Rlglll SIde RMt Cetll"ll Floor
J 4 D I 4 D
0.0 1--1 0.0 1--1
Lett SIde Front Laft SIde Front
~ I Q ~ I Q -
0.0 (Inlklll 0.0 (Inlldel
EquIP"*" QuantIty .. EqUIP"*" Quantity ..
IU.t11 _0 II, BatIl 0
CarpeltnQ _0 CarpeltnQ _0
Deak - 0 Deak 0
File ~ _0 File ~ _0
DrdIng TIIlIa - 0 DrdIng Tallie - 0
Plan Rack - 0 Plan Rack - 0
Keys _0 Keys - 0
S\apI 0 . 0 S,-O' 0
Sr.clc C_ 0 . 0 S_ ClIaItI 0 . 0
INSPECTION REPORT -MARt< CLEARLV ALL DAMAGII'OUND
"." IruIMCI "C"Cut "H" Hole "D" Dent
Cycle .2 CI A8t~~ (N.M@ REMARKS
Special I Iona
L.-ComIllII_ Mo.-L. Day-1-. Y_~ In--' . All Damagee' DeIIclanclea NoNcI Abowe.
SllIeTuCode 7 1G&OO2~ Damage IIMlIoe to I'olIOW v.. No
Code . ""-'"
Data OUt: , I
Mo. Day Vr, GaIco .... Inapector Date 1ft: I , GaIco .... InapectOr
Aeeeptad and Del. By Mo. Day Yr,
F...., V_ ReoaMd '""" .
REMARt<8 In-,*,llr
Slgnal\n of ~ or Agent. Co. _'ed
~ or Ill. agent __lUau NOaIpl of ~ lIatad..,.. eulIIICt to L.- TemlINllon Date I ,
~KIOn 3a Illl_ exoept_ _ _--. Mo. Day Yr.
~":::::1~ r-......=.. ~..tton Cllarvea IuIIIIal toCordtIonIlI/,. Y_ Ho_
. "-
"- or ...
f""C'T""".,t:'r') I"""'ov
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GONE?ITIONS OF LEASE AGREEMENT
1 nus :ransacllon IS a lease and not a sale The parnes condition of said equtOmenl .:>r anv tnereof Nhue In ~n. Lease 8QrfMfTWH'1 ...t~h the tOI"':'Wlng tErmInation :!"'arges:
understand and agree that LeSMe doH not acquit, hereunder, cusaody,poSSElSSlon. or control of Lessee. and (al it the iQ~lprr.enI pro~lljed ...'" j~r 'nls '}45e a jreeme
or by payment of saId rental. any.ngnt. title. or Interest In Of to {e) The failure 01 :eSSM 10 maintain saId equipment as .....as PUrcnas.d new and the Lessee.s ttl. first _$8'. the lll$S.
said eQUIpment or any tnereot. except lhe nght to possess and agreed and provIded nerein. Les$4M lurther agrees, at LessH" may lermll'1ale !f'\I$ 'easa- b';!~ole '!"'e e~;;I;ra.:,-':'" .:r ~~e"'" ~
use $ald eQu.pmenl so long. ana only so lOng. II Le,... Ihd cost and expense 10 procure and i(.eep In full force and effect e~. period but !re -e~a,nLng.. ~r:Oa,a'er:..l; ,:~-,i" ;..." ,.
not De m d.'Jlult 11'1 petfomwan~ hef'eund8f. aunng the entire term of this A9reement a policy or policies ol'TIlrllmum !eaSe period are (l...~ ~"Q ~..)J.C'~ '0r ~:.,,,,: '-...-
2. In addition to payment of rentals as pro...ided on tn. reverse insurance satisfactory to Lessor al to the Il'lIUrw and as \0 the then:
Side, L..... agrees that: . ronn and amounl 01 coverage, .....lln Premiums prepaId thtfeon ibl MInimum Lease PtnOCIIMLP) Ie,. ttwn 1nree n;o,
(a) LeSSM wUI pay t..assor ror any and all sales and use tor the tenn at this Ag,........,e- pro&eCllng Lnsor .a.~t all iOSS :II''''es tnE' 'Neekly Lease C~ar;e 'WLC, '.IL.? :'.cr '''''~t' .
taxes and ottler direct taxel as lollow$; "1ax8I, fees or and damages It may sustam or suffer because of (T{the lOSS 01 to SiX mONnS a :,~es :"'e ',NLC . ~,'lP J'.~' 6 -'Gr:"s ~.; ;"" ,~
assessments impo,Hd by the U.S. O~.rnment, any stal. or damage 10 said eQl.llpmenl. or any mereol, bec~~ Qf lire. 12 I!mes :I"e 'NLC, MLP over one year 14 1J~s !""~ .'IIll:; .
government, or any county. city. or othet taJung autnonty ttleft. hgl'Hnlng, flood. 'MOOI.torm. eitPl04l~ or atly olher eaCh year. or portIon lher~t lor tne 'ema,r",-:] - - ""'II.JT' :1." .
Inclualng Oepartment at Housing for I1roperty. e.Clse and groa ~, lor lul! replacemenl valW 01 me eQlJipmentand j2) the .:anctJleQ, In no case Will !)"Iese It>rfTlJn.allon cn.ar1}8S be In ilXCC~
receipt,. license and registration tMl assessed or asaeuabte Ios8 of Of damage 10 Hid eq~ment. or any thereof because 01 at the Lease cl'large for lne femaulder ollhe C')f"lr3<':: ...:t""';,J
by a taxIng authority and alkxattd by tn. leHOI' on eitner IIn colli$On, and (3l the death of, Injury to. uf damage 10 the 9. Lessee hU ad responsiblhty to secure Gr.'; Jd)' '.;r LesslK
Indlvldl.lal or prorated baSI' for any unrt(s) of equipment baNd property of any third person as a result olIn w"'ole or In pan. lllt account any and allllcenaea. lIun. PerrT1ots. an Qttle' :~"':"CL
on. purcha.. prICe, value, pO.U8Slfon. use. situs. rentals. use or condll1on 01 said equipment or any thareot, while In the as may be reQulrea oy law or Qtr"le-t'Nlse to ~e;)~o;!1:! j !ay,,1
delivery or op,rallon thereof and axdude ar.y Federal or stal, custodV. posseSSion. or contrOl 01 Lessee wllh a comOlned operaoon. po$S8$lK)n or occ<Jpanc\l 01 salU <tq",prren! o::'J'-....
laxes rela_bog to Income. _ Lessee's obligabons as set lorth herein single limit 01 one mIllion dollars 1$1,000.000) tor personallnlury hereunder. Llissee agrees that .lll .:er.,t,":,ites of :llle"
shaU su'l\Ilve ttwI termnatlon at en. AgrMment. IlabHity and property aamage. IllS understood that pro<;urement --eglsrracron dPI1'rCaole ra !he eqUlOmenr lea:ie.J ~er'.:...,-~e' ~~:,
\b) Les8M wtII pay all ootta and expen.. (including ot lnaut~ by lHIM AI hlretn provlQed shaM not, and does reflect LlUOI s o'W08r$l"llp t.....reol.
anomey tees where recovery of same IS not prohlblled by law) not, affect LeISH', covenants. oDhgatlons. and IndemnltleS 10 Leisor reserves fa IISttlf ;he right ~o ;;ldCto: ..;..1\.;11 ,,<t~:1 ;.<::...
Incurred by 1.1ISOr ln~forclng any oflhe terma. pro...~'. under thIS Le.... and the loss. damag8 10, or a.stn.ictton at any at equIpment leased herel.lnQer me ,'!ame 01 ~r-.!' _':;~S0r 1
cOlJenanta., and indemnitilM provided herein. ot the eqwpment 188MS hereunder shlUl nol .ldent. NI Leuor' LeSltll agre88 nollo remove Wid Vword or perm, I "r ....;Mer ar
3 _ LtSMe agrees. allftssee'I'101e cost and expen.., ~ keep lS ~ compensated by Insurance paid for by La,.... relieve other pe~n to ao so.
said eqUIpment al all times dunng tne life of this Agreement tn L.... of any 01 L.....' hablhty hereunder. L..... IS, and 11. l.essee shall nOl 'emove !he (' ,~Ir rlt ',,,,r1"" ...., .' ,
good ~ ana opw8Iing conelllon and free of any and.., liens IhaI r~. a full I,..,rer of the equapmenr. MId L..... I1treOy ded here." Ql.o oJ ~ I.. . ~ - C.1
ana encumbrances anc:t 10 replaCe WlttI new parts any ancI atl re.....s and walVes any and all detenses available to a bailee spec:: ~~I Illy ~UI poor wnn.., approval rrom l~. Less",."
badly wom or broken partI, and Le... ag,.... thai upon by law. A certificate of SUd't Inaurance. namir,g L.ssor u ana no essor ,mmS01dl8lY 01 dny IN, .A ~..: "--
termination of thil Agntemlnt by 'XPIf.uot'l, or 01herwtM. AdditionaIlnautea and Lou Payee. snatl ~ deWefwd 10 lMIOt thereat clnd shall Indemnify Lessor aga,nst 0SS ...' Ja-d':j~
Leu.. will rtU.lm s&io eqyipnWnt to LHeor at L.euor's Idd,.. pliOt 10 ~ to LneM of eqLIlpf'Mf1IlO be IMIed hereunder resulting tnerefrOrTl. Les.sor shall have me r'gt-I 10 .rS08\:l Scl .
hereinabOve Silled, at Le....., colt and e~, in the..",. L..aMee's inawn,,,fica,*- U lei lotth ,......,.. .".. SUI'VIYe ~ equipment trom time 10 bme dun"9 ~ lerm 01 1!"lIS agree~el
condillon and slife- d repair u de.....red 10 lMMe hereunder. -. terminaliOn of Ihia Agreemerc. and If L.ssor belleYll tne same 10 be QvenoaOe<J :Jey~r ,;
ordinary .......r and tear excepted. (I) If L..... hU InttIaJed the cfause headed no~ capac.lty. or mlauMO or aouMd or l'eg,lKllKI. ltl:.sv
NOtwithstanding the receipt of the equtprnent' at the "Comprehensive Warvv. I'8YWM side, and paya rI'fe adCIItionlll may summanty remove ana mpoa"H wla equ'P~"'I. J,~,r.
Lessots tocation u indicated under -0... In- on the I'ft'eIW fee specifted therein. then L.MIOr IilIr... 10 r.-v. Le.... 01 .. live day_ notICt 10 Lessee In WI ,ling..
SIde hereof. eqUipment returned with acceSllOriee. ~n.c:nmenta. liability exc"'*'D $500.00 per UOII of ~ lor loU or 12. In lhe event any act or obl'9-1hOn reqUired Jf '..~s:>...,,"
or OCher m1satno itlfTII, equiplMnt reqwring ,.... at .".,.~ damage under Conclition. 5(b) and 5(C). .xcept when liabtJity hereunder shan nol be performed In t!" manner a~a at lhe 1,!""'~
or requiring restoration 10 original spedic:atiQna and eQufprNnr -' a,... wnen any of the pfOYtsion of CondttioM 3.5(1).13 and 15 or Ilmel reqU/rtCI by thIIi AgrMmenL Lessee :.na~ De clfloJ
condibQn due, 10 a1teratiOnlmodificabOna performed by L..... have bien viOtatK. No ~aQe proYidICt lor coIieion damIIge. DtCOrTII In aetaull uflaer thIS Agreement Lessor Stlcill "'lei. ~... .~ t:
shall r&maln IUMCI h,reunder unal said ~.. repu'l (g) If L'.... I)U IrutJaltCI tne clause hefMiMi -WabcUty nght, WJttloul ~udi<>> 10 any other r'9ht or reme<Jy .v/""cn ~nt:
or rnlDrationll he... oe.n made by Le.... In I manner WaNer-. rw..... tkII. and pays the a~ ,.. spectfled Leuor may have '" reiatJon 10 sum aetlult. ana WII~( r'lCllCl:!
~to!LeMor. In the.,.,.. LMMe chOoMe not 10 l'Mke thetetn, ttw'l LIIIOt -or-- to a IIiI'nnd .... Of L....... or demanO. 10 decl.... ~I unpM .... pa..,.menls Jl.d :i"oJ
ll'1e required ~, r.rs or reItOratk)n teqtMMg tn.tl obIgUon.. specified In COndltJOn 5(.1 up 10 II m&llJmUfll pay'" tamMrttl W1d 10"'" and r8tM\ tne 8quIQtnenl ~ee ,.;1
the Lnsor undIrtakI tne laMII" !'bIigatIonIlhen 1M L..IUOf combined... limit relief 0' '100.000 per OCC:U~ suI:JtICt .. .. ot LaIMe WIb)ut IIty fuMef I~l'" Of oo"9til!on :v
shall d~."'1Imounc due fOf' ~,-NpUa, of tDaSl.OOOdec:lucllbteperelalm., r~ the same 10 LaMe., And W1tt\out. 10 any ..'el\l
restoration 10 be ma and It'Ie ~ wtIt remIIin Ieued The,1.MMe ~ Ir'IOernNfiM LeSlOf', And agrMe 10 r......"9 t.e.... from LeMMa COveNnll. ubhgallons d"";
hereunder wrtnout abatement fA rental until the da.. that the hotd I..8Mor hatmIIIIi aQaIf* aU Iou and damaQM LMIor may rnOlmn'r.; proWic)ed ~, meiudinQ LeSSM.' 00(19aIIO"
atnOW1t(s) due is invoICed. L.e.... upon receipl of invoic:l(., suatatn 01 lUffer in exc... of ~ limited relief _led abOVe. The ror the payment 01 rental. II the Lessor alects to 'e!.l1\'
agreee 10 prompUy pay Lnaor. L.....~,... that there iI no tiabfty waiYw proviU)n is IPICIfIaIly for equlpmInIlMMd by POSMSllOl'l ollheequlQrMtlt and hOld wme fOt Lessee eltner "
representation by lhe LeIlOr wiItt fI9AI'd 10 thia Cond/tkIn of GeIco SpKe (ftXCtud1n9 $tepa) to the L.e.... and don not Leuor'l polMUK)tl Of In putlOC storage oil :ne aAPtln5e ,:
Lease other than tnoH HI 10"" In tNt PIi~ and tt\e .xtend to any ~ or IrtIlCt'Imtntl.ll1CIuding s.,., L.SMI. Le.... ao.. hefItIy Irrevocaoly appolnl Leslior <1$ . ~
cluU'tcatlOnCt) on the invoice ... be baled on the L.eIIOr"t (h)n. ~ prowted under the habMy and agent. and doe, nereby' Il'T8YOCably gr~1 Lessor .ill ;a....er
polic:y. comp~ ...,. ri not utetld 10 trlll'/ePOrt8lion 01 the nece~ry for the retaking of POIS~ ,ncludlflg entrv l.pt;
(ill L.etMe hM iOlPlCWd the IHMd equipment and the IHHd 8Qulomenl. not contents. and Will only extenCI 10 Le..... property or me properly of another Le$$e8 ~tld
equipment is sabstactory and ~ 10 LA.... LellOl has equtpmftnt instal&ed on grOUnd ""... The we"... contamlId funtler Ir~.mr,.ty 8nd r'lOICI t'IlIrfNHe U\8 LAsaor !rom any Claim"
1"lO( made. and shall nol be bOund by. .", -....".,.. herwin may ~ cancetId by Mher ~r'Y upon 10 d8yI prior eu.&I. demanda, or ca.... 01 action by any lnlla J;ldlTy It "'''~''
agreemen., or reprwMntadon not ~ Mil out hefwt. :MdItn notiCe" In the ..,.,.. ttW etther Of bOI'I waN<<t ... retU.. rn. l~ property. Any Such reposseSSion snail
un6ell the same be redUClClIo wnting Ind IigneG by Leuot. cancI6ed U sel, forth above the lesHt WI. pl'OYlde to the conI1iIute a tef'rniMdon of l......., ObltQallon. under
(b) NolWiIhMandIng 3(a), it tNI __ ie lor CUItOm LlIIOt I poltCy or PD'idM of inIuranc:e U Nt lotI't." paragr. AgI""*". un6IIa L.euor naa 10 nobfltO Le55H In #1',:1<".
eqUIpment, wrocn haI".." ordered in lIC:COnIant>> wilh LeaH'. 5 wrINn fen 11 W: daYII of WfIft8f"l nonce. LIMOI' shall runner have tnI ng.... 10 lease or sell :~e t''::;l. c.
Sj)eClfiel.tione _..is not from..~' ~ invenay. fhIl (I} tr iI rUtIher uncMrsIOOQ and egrMCI thai In addttion 10 upon suc:n tll'fN Iind ConGl~ .. LeMOr shall <Jl:!~e.rr.<I1t)
commencement~dII"'-"'" tie._-datIt on'wNd1 the ~.. ~WI'ie PlrIOI'W lr1U'Y and propeny damage specified in the event of ~. the L..... snail oe responsible 'c,r
IflstaUtd and ~ady lOr ocaIPMCY by ttw lMIee. "i........ 5(b) and 5(<::) the LeIMI IgIeM to prOYKil ~ at! coat Involved '" U. aclual act at r.QOuesSlon 'flCludlr.~
'" deteyecllly ....... __ 0I~. _ _ _. __ '-Y _oon_ -9""- _ '"omey'l_.
commence fiv. (5) days after l.nMe II notifiIcI at the' agfMlMtltl, conIIined ner..n. and cemficll* of insurlnCl 13. Leuee shaff not maKe. au"er, Of permtl arl'f' unlawful uSIt
COmpktbOn of the budding. reqt,lRd to tat tumiIhed NNunder sl"lOuld 10 stale. handlll'lg of said le&Hd eQUlpmenl. La,,.. stlall "ot, Nltno...1
(Cl LtJUOfs dluvery Q/ 1tIe~. IUOtICf 10 dltaye (D "!1'" w..~ .. tonn rn 5(1) and 5{il t'IIIrein .,... in. no L.eMOf'I pflOI wnnen consent Iher'le 'Nk' or S4..Jtfar a{'~
in manuf8CtUnng, deiYIty, or 100000don due 10 fi!e, ftood. ev..... ,be binotng upon teuor un.... any 10M. damage. inturY 01 dWlgM. alterabOna. 01 Improverntnll In or $ala ~a!>,,"'-'
WlndSlorm. not. ow ditotIediencI. failUt'll to MCUre .,....,.... daim II reported 10 Lesaor In wlitil"lQ Wlthtn 'Ofty.tl9I'lI (4$) hou..- eQu&pmenl 01 rCKnO.... th.relrom any pans. dC;:&~vr;",s
from the us~ IQUfCI oC suppfy. cia of _ God. Of aI'ly of the oc:aJrr.nce ot any sud'1 event and tl"Ie La.... prOYldel attad'Vnentl. or Ottler eqUipment
OrQJ~ltancel ~ LMaOI'a control which .... pr8YIN .... any documenlllbon requuttd and otherwtM tuIy c:ooptret.. 1~. L.ssee agr... 10 comply WIth. perform and el9Cl.ole .II,
manufacture of produCta or the making 01 defvenee '" the wdI\ the LeMar If"lCIudtng any documentatIOn reqLured by laws. n.ilel. regulabOnl or orders 01 all stat._ 'ederal or .;o;...l'
nonnaI course of Dua;,... It II further undenloOd and agNed lHIOr'l Insurance ~. The minimum documenta government 10 agenciel Whet'! In any way affecl Qr 'e!dte':) '.~'
U\I! Lessee w", t\av. no claim ~ ~ fOf ~ requwed by &ne L.euor WIll be I copy of the Pouce Acc:ldenC Me apphcIbIIo 10 an)l 0' tne equlpm.", or!o m& "S& ~oerar,ol'
lWnaoeaor anyott'llr money daI'rIagea. wNct't may be..........1 Report or Fire Oepartrnenl Report and a LeueI prepertd mauntenance or tlor. t~reof. and to Indemnify 3r,Q -'J":
respoflSfblhty ~ 10 any contract whlCtl L.nMe may have tncident repon. narmtela L.euor or LIIIOf" uaign.. from any ana 311 I~
,ntereo into and the eqUlf)fMnI to be PI'OYided under tNllNM (k) L.nIor Shall nol be liable for any 1011 01 aamage to any lorflltur... seiZures. penalttl. and hablllhts thai 'T1ay ~('se ,. Y'
IOfMf'n8nt IS or may be ~ 1hIreID. propeny left. SlOItd. Ioeded Of tranapOrttd in or upon any any Intnnoement or V10"bOn 01 any such law rUle. regWei.IiOf1
(d) Lessee tl'\II provtde IrMa dear M:CMI for deivIry eqwpmen1 teased herwuncillr; and L..... don hereby order by LesIH or nil emplOyees or by any other ~erson ,~,
and return of tne ~ equipment tJ1 stanaara rnobdllf8nlPClft 'llpreufy walV' at'ly and all darN and ~ for thIS 10.. thai may rnutl from the ule. posse$Slon, ooeratlon or ';or,o,~,or
vehidee. lMMI...... prcMdI firm WId \eYII ground on no more and damI9t, Includll"lQ, bul not ufTUteQ 10. 10M all DIOfU or oII'Ier of.",. ot 1nl1QU1Qment. Less.. 'uffner dgr&tfS (0 r"lde'Tl/"lJr, ~,...j
than a six-inc:h slope from one .. to the 0Iher for.... aUeged conaequenllal ~ 8QP'\II the LeAOt. and 1.8.... sa.,. harmIeU LlIIOf ana LtJssor's a$$>lee trom <in,! clnJ a
lnsWllbon for the IMMci equipmInt. SdI ~ II the IOIe doN further IlQr.. to sa.... and I10Id ha""'-l ~ ~ dawna. her'll. demandS or ltabtllty whatsoever apslr'g !rom jr '.
fMPOI\IlbIIity ol the Laaee Ind Leuor ar\8Il have no any and aM Such ctalms ana den'landl. wont done on. or any matenale suPPited to O( 'n ,~:;rneC:I,;n.'.II~
~spon~ tor nor liability tor de~ the adequacy of any (II Lessee agrMI 10 use any equtpmtnl deltgnated 'or the oper8tton. maintenanc., pass'SAIOn or slorage :,1f any c' .....,
aIt8. or the seI--up of the Ie&Md ~ wner. u. ... or "Slorage only. on the lront IlOI of this agreement solely lor 8QUlOmt01 ana from ~ 10M 01 or damage l~liretO ei.no irum "r ;
IIWlronment lmpoM IbnomW t:OI"dtiona. storage of product. agAinsl ail lOSS. ,jamage. ClaIms, ~enQ.I"~$ ao,.,"..
~. Leuer may at any time 'oIlowing I,. expiration of 1,. (m) The storage of any hazardouS. contalT\lnlled or e.pen.... Including anorn.y' fees no....sve~er drlSI"C;
minimUm term. without pnor nobCI 10 Le..... ~ the radioactive prodUCtS. includino any p.-oduc:lI defined to be SUCh IncUrred because 01 lhe S1oraQt. ,na.nlendf'ce ~ ~e 1'"" '0.:
L.eIMe 10 IlIUm ... InI tquipmenI: to the IOcItJOn dMlgnated by by the Oepartment of TranlQOt1atton of the FeoerW Gcwttnmenl repatr, IOadll"lQ. unloading Qr operallon ;1 jl'e~110 ~:...
tne I..euor 01 ct'\ange any cline raIII tOf the equipmlnl: laued or any prodUCll lhat d sod. ....n. laml, pollute, OItile. mike Qi)lf'atlOn, of any of lhe equ1pmenllMerltln or :r-,erecl'"
lW! ...~ . '-. -'. .~--' fOUI.lnf4M:lbycontaCtOlauoaatlOn:or.xpoeeon.tonlkor 15. LeSS"W1"'ndemnltyandsav'!..essor"arT'T'lessf':~.,,{,
.-----M-----~_.~--~ __'.'___-._".",0.'" '"
..... effects on tn. eqU/Pl'1"Ient will not be consider'l1l oronary weal to any peflOn on accounl 01 ~ny damage ~o ,:erso.... :')r ;WJC,,"",
and 1Mr. If tl"It eqUtpmenllS delemw'\ed to hive been u.-d to aflalllQ aul of any 1~1u,.. 01 L.ssee 10 comply'''' any 'eS~1;C! ...11'
u--. ..... ..... lranaport or S10te MtY IUCh prOduetl, tne LaUM WtIl be reQ1Mred and perform any of ttle requIrements ana prOvISI"r,:;...)'
. . ro purenue the vehldIlII the CUmtnl pubIiIIMcI.... pnce oIlht L.eue.
~ ',"" ~, ."__'.'~ equiprnetlt. 16. Lessee s...all not f'la....lhe ngnt to aSSign '''S _'."'<0'
~-.wr~ "" teue IIsh", bIc:Ome ~ ~~ =1~O:~4~=~:'==: ': :- =. :~~ r-:~ or .:= ~;.:; o;.;:o~, /o'I~~:~:~"~1'(~~~~"'~
only 'When the LI.... has rHJmed aH aucn eqwpmenf to the btgiMII"lQ wII" IhIi ~nI dafe of each l./nIf. assoaatlOn. or corporation Of her !l'1an leSSQr ....11T'0,.... ,_' ;..'
locatIOn dlisq\8ttd hel'h1 and hU paid Leuor aM unpMI Nnq (a) R'ntala ancI charges not r8C8t...ea by tt'le L8S1Or wr1htn wnnen consenl 0' Lessor ther.to
and cnal'Q88 .1oCabIe 10 the returned ~ .ncn haw thirty (30) daye of the 1fW000e dale ana&I accrue IMler.. .. the Lessor "'.. have tne nght to ~S$'9fl tn.s i..ea::.e Q(\<J!l.I' 'f'.
accrued as 01 the lime of relum ot eqwpment. maxImUm rat, pttmfll/lble by II., pet monIh. renllls re..rved hereunder_ In t"e event 01 an '~!>}' ......,-,
(C) NO WARRANTY FOR MEFlCHANTA8~TY. AND (b) AI uHd in thit Leue the I~ "Rental Oay- il a thil l.HM by lAuor. lhe .~n.. sndll In~feoV "Cql.,I~ l
FITNESS: l...... 8grMIlhal there are no warrantiea, .xpteM caJendar day or any potIIOn tnef80'. nghll and remediea posses.secl by or avalJaOle to ....:l~'(jr
or ImPlied. and ajl_ warrantiM of any kind. lnctuding specthedy (C) Aa used in ltUI ....., the term "Rentaa Moncn- IS a four l8IIOI agretiI thIIl the equ~nt leasea t1erel." :,)(1' ...'
any exPfUNd 01 impijed warrarny 01 ~ or 'itneu it) WIM penod 01 rw.nry-.;gnr (28~ ren&aI cMya. be occupied ~ any person than L8.... or ~enlS dl''''pIO'''~';'
for pUrpoH. .,. hereby .xctuded both u 10 IMMd lQuipmenI 7 When the period 01 L.... ..CMdI lOt: montt'll, or Invl'''' or L.....
an~: 10 any muttlf\8OCl or repaar work Plrformed by Leuor notwithl\lndlf'lQ the rTWWnUm period stated htfWn. the renIII 17. Thi. instrumenl conteWl' the enllre agr~eme('ll :';-,'"
on eqUlpmenllellled~. ch*Ol shaH be IUbteCt 10 acltusltnent, baSed upon tl'II All lIema parties penalnlng to the suoJect malter "..:'e'J! \ou J'~.'
5. Le.... hereby' sptCIticaIty indemnlfiH LeMOf', and agreee Consumer Pnce lnaell (CPt) tor AU Urtlan Consumers tPuDiished reprMel1t1llOn. or undetSlandU"lgI nol S08ClljcaUv conla,nl- ~
to hok:r Leuor harmlna. ~ all lOa Ind aam.gee Lauor by the United StaIM au,...u of LaDOt SlablDCa. CPt baM yMf' htfeen shall be binding upon any of :~e oal"l..:5 ~O>'''''-,
maysuslalnorlUHilrbec8UMof __ _ .. _ ,1961.100) caIcuiaIed AI foUollltS: For each cnange of one (1) reduced to wrltlng and $Igned by lne ~d~:es 10 ~ :'\...ol.'
{al The ~ of or damege to NH1 equIPment 0( .". ttwtwOt'" InQeX lXJ<<1t In r". CPt. ttw rental ralli SlId /)I .ojultld by . IhtraOy. The terms. COV"""". and condlllOns T'lO ;11"'.~
becluae of eolllllOn. and . tactOf Gt01, Aquabnen.. shall COrNntnCe .. tne b8QInnlng of provtaIOf1e 01 tnlS AgrHm8nl m.ay neruner De ,;~.:.~~~d
(b) Th~ IOIa of or damagie to MId~. or.,." thIIreoI tnI ....,.. month foIIoIMng the COft'..._~.1i8II. ~ and 'MIl amended. or mOdified omy by an ,nSlrurr:t:!nl ..,": oN' ~,r-{J
. because of fire. ltghtrllng 01 thefI:. and . conbnul .ac:::n s,ill monthl u.....tter. Said adjustment ...... be spectfic:dy purponmg 10 do SO and SIgned by !l'1e ~a~les :0 ~~
(C) The IosI of or.aan.oe 10 laid IqUIpmIlnI bKaI8e all bued on the. rnoaI recenl Index avaUtNII pnor 10 LellOf bound thereby. Arrv amendment modlfical'on:)r 3ddeMum fO
flood. wlndllorm. eXJ**an. Ind invoicing anQ Iha1Illl monlt'll pnor thiI L.... ~ It! tw bmdlnb an LAuer muSI hA SlClne'1
.~.~ (~!~~~of"~,to,or~lO_~,~ofM'ly &. ~""",meyterm,"atetnIIL''''pnotlO~~':' bvaViuPN~lofLMaOr
.'-, ..... ... .. _. _.,.-
.
'. IiEIUaSPACE ~~:::~~
SALES CONTACT
NOT1CI: -".:pr-......r-~ - only lor _.. L.-0lI.... day" ~ - SALES CONTACT PHONE' .a7-2~2AU
_to III . - _or_IIY"", - CCUPlElSlIIWWAIYSl'-OI.......11r ~
Inl1l8l11lO block, 80- 10 pay M Mdltlonal
RETURN EQUIPMENT TO: I 1* :. ...... lIIe ~ out ..... ...
d* ~ In -..... 1 lot ... ~ 011 ... XX
QeIoo ..... =-.=. "- ---.. In ConcIltlon 5IlI DecIne
S.... 200 Nar:tb ~ AveDI8 UAa/TY\W\/IR'-0I.........1Ir.......... ~
....M M5 ~ ..,.. to .., III ___ I
en, De1zay Beecb ..... PI. ZIp ~ per ., "- lIIe ~ out unlll ... ~ In, In
_ 2 IIt.--ft752 _Wde/Mb. lot ... ~ 011 ... pM of -
....... 4v ,- 7~ llIe ~ -.Jned In CondltIon _ _ ^^
IIdI. DecIne
GB.CO ~ . ....... ..1NnIp8It ............. ..... ..... . ..._.1..... c.r,.a.... ............... .. . ""-: .... ......, .... .. .......... .
.......... ...... ..
N_ City of ~ Beech. PI. (F1m DIpt.) .~~__ s:.:m407-243-2844,..o.. 501679
AM 100 If. W.~ ca, ua&DIJ' .... n. ~ ..s.M44
~.........,...................... "-_ ....L.,.. Ala. 1t!L.................... 12................,..
L_ III8Y conllnue to Ie_ ... equlpm.... c:tMlgn8l8d _n 8ft8r .... ....,.ra_ d8te, und8r .... ....... 01 Condllton 4. _ olde. Wrtll8n nOllce ~lha L_ Ia
requil*lllO d8yt Pf1<< 10 .... ,..,m of.... equipment. ~ l1li..-10 .., ~m denWId - In ~,.,. ftrst day, .... R8I1taI.CbIraa/Condlllon 8(b)
and 8(c) _ olde) Indlceleel lor .... below 1_ equlJllMllI .. foIloM: . per d8Y. . per -.. .fUU.-ul1 per "R..tal
Month. p1ua.... per day '()f!'i8e lor Com~mr- - Uablllly Wa_ 1Jl- - Addlllon8l ollAc:heIV8e - . ..
Delivery . N ~1l81_' . Mod/flc8llon . .DIImMll11lll' . Retum DelIYery, . SAId
0_ Chargee will be billed In adV_ wllIl....lnlt... Renl8I C/wvI. ~ SI8le _ IOc8I S8Ie _ u.. T_ __ Direct T..... (Condition 2(a) _a,..
side) shall be due and pay_1O .... L....r by .... ~._ 1_ Chafgee due _nd8r _I be .....Itled 10 .... L_ at Two Bale Piau. BaIa CynWVd. PA
19004. un_ olllerwIM Ind_ on .... ~. _ Tile _ equ~ will be Iocaled at: ....
MIIr- Fhe static:la . County Pr.r-09t CIty DIlDy F .......ft. DTC0d8ZD
(8uIlI8ot \0 CondltIon 11 on _ alcIII
~ ..., be I"" lor MY d8IllIIlI88 to lII8 ~ _ win pay . mllllmum Cl-*'I cIIeI1I8lor . unIl not NIUmed In . ... ooncIIlIon.
UnltNo. 064038 SeNlNo. 36388A ......0nIf OV. ~ '-VIIIu8tIonI 12,500.00
I~ CI:8di~ Olnditu.-l IIone
~ ~.:n 1-' at ~t. J:ate at t:u. of xebII:D. r.- w:lll be 1.t.IIble !lOr an
~ _~ 18 not ned:Y ___ r.-x- 18 ~ via wzitt8D
Th8~. :. r8qUft8". ~ 0plI0lI be 1nc:IucIed. pM 01.. ~ ~ wi118IIow L_
to ~ ..1qUIpmenl8l... 8lqlirIIIIon 01 tile MInmurn Ptrtod lor. '- tIIIy ..... of... ..... . far ... MInmurn PMld. Nt OUllllloW.
Such mnnun 1*IOd.... nol.-.d 24 monIl 111m far IlUlID8 of IPPIk*Ian of..... ....... ~ 0pI0n Prtc8,
No AQ8nt. ~ 01 '.......... 01 ~.. ant 8UlIlortly lor ant .._llIIIol. OI-..y flllllC8fNIg ... EtMINI'Il...........1O .. ~ Ihld is nol
specIftcaIIy Inc:IucIed linin. ~ .aa-'edg88 "* lie . not. In I88IIng .. EquIpmn, rwIytng ~ ant -..y. plOllliM. 01 ,...-,IIdIol, nol Nt Ioflh in tNI
agrMIMlll, 8Ild _ 10 .. tile _ ... IartIl ... .... ... IartIlIn 8ddInd8 IIIIlII:hed .... L.--. ollIIgIIlIan8 ....... .... nol be IUbj8c:lIO any eddition8J
pnl\/iIIon Of provtIion(l) IrlccInlIIaInl will .. ___ tIlIIIlTl8y be c:onlIIIned In ~ ~ Ord8r.
IN WITNUS WHIIII!OI'. .... -*d IN8 ~ ........ to .. __ MIl 00IIdIlIan8 ...... ... .... MIl .... on boIII akt88 of lIlI.
A.--.SIOMd CandIIIont4._.....1N8 21R... ~ 19~
If ....,... I7U.. If X sa 14-~ JBBmL tEl"l'BR
SIQMtIn 01 ~ 01 AulIlottz8cI Agent
DELIVERY . COMUI. . I RETURN COMPI.EllOR
OVEIlALL UNIT SIZE ....1J.!....lC~ .."V~ . ~lC~ OVERALL UNIT SIZE _lC_BUILDING SIZI_,,_
I -- ~ 0 ~.. - I -- ~ 0 ~ "-
oeo : 1--1 oeo 1--1
L8fl SlcI8 Front L8fl SlcI8 F_
J In J In_
· oeo m - . oeo FA ....
Eaul_ 0u8nIIIY" _ 0u8ntlly"
It Ball _ 0 It Ball _ 0
C8/P8lInlI _ 0 C8/P8lInlI _ 0
DI8k _ 0 DI8k _ 0
FIIe~ _ 0 FIIe~ _ 0
0nIIIIng T'" _ 0 0nIIIIng T... _ 0
PWlRD _ 0 PWlRD _ 0
~ _0 ~ _0
SlIp8 . . ---.iiim. ,0" , __ SlIp8 . . _ 0
SI8ck CIl8IrI . . d - SI8ck CIl8IrI . . 0
. JNSPECTlON REPORT -MAAK CLEAALV ALL DAMAGlI'OUND
"S" BnlI..o "C" Cut "H" Hol8 "D" D8nl
Cycle @. Q AIl.('~. (W, M.@:) IlDWIIClI
SperMI In8lnlotIcIM II) <:::PI
~ea.nm._1 Moo ~. 0., -L. V_ ~ '........ a All D8lN088 a D8IlaIenclIe8 NoIed-'--
S_ Ta Cod8 - L 104002~ ll8m8lI8..... to 1'01_ v. No
o.e.Out I I. Cod8. A-.nt
Moo 0., Yr. G8loo __ .....- D8l81n: I I
Aoo8pIed _ll8L If Moo 0., Yr. G8Ioo __ IMII8CIOI'
F....... Vendor ........ '- a
RSWlICa I........'" SloMbn of ~ 01 AgMl a Co. -'eel
~ 011118 .....1IllIa_'llI.ull108lpt Of.................... __........ to ~ .,............ D8l8 I I
CondltIon 38 .... ........... .. noI8lI --. Moo 0., Vr,
· :=""7:::::1 U. =~ :-"CIl8IlI88.......toCclNlllon...... v_ No_
~OI ~
.'
CONDITIONS OF LEASE AGREEMENT ..
~ -- ,
". - "
This Irar'l5aCtJOn. .. a lease and not a $41e. The patties condition of said eQUipment or arry fftItKlf ... in U. L....~ - ...1ol00w':.v ';.~ iJJ/.~.,.; ,
mdersland and ag,.. that LeIMe doee not cquire het'IIIIIier. custody,possesslOn. or controt 01 Lessee. aM (I) It .... ~ ~ under 1NI19UII 19rMfM1""
0' oy payment of saId rental. any Mght, tme, Of' intereSl in or 10 (e) The lallure of I8UM to rT\8int8In satd equipment .. WM pu~ new Ind the ~ IS the fIrIt uMr. the L"'H
;aid CQulpment or any !hereof. e.cept the nghl 10 posseu and agreed and prOVIded herein Le5S8e further agrees. at Lessee's may rltfmlnate lhis Iuse belofe rNt ftx;llrahoro 01 ~I-e - ~l""':"""
Jse said eQuipment so long, and only so long. as Lessee shaM COlt: and expense to procur. and keep In full lore. ana _Heel lelM perIOd but 1M remaining unpaid rental c~a'"Qes 'or '~e
.,ot be In default In pet1ormaoce ~,. dunng ttle entire term 01 thiS Agreement. a poky Of' poMcJee of minimum Ie... penod .... due MId plyable; for o~ :"'an ".w
2 In addition to payment 01 rentals as pn:Mded on tn. reverse InSUnll\Ctt satisfactory 10 Lessor as to the ..". WId . to the "-:
SIde, Lessee agrMS that: form and amount of coverage. 'Mth I)temiurns prepatd tnerean (b) -... ~ _ (MlP) _.- """
I a I L~sse. will pay leasor for any and all sales and use for the term of Ihis Agreement. proteenng Lessor aga..... .. Iou times tM WHkfy L.... CI\Ir'glt (WlCt MLP over !torr
~axes a.nd other dtrect taxIS as followS; tax... f... or and damages II may sustaIn or suffer beCau.. of (1) tr'le Iou of to SiX montns 8 times 1M WLC . MLP over 5 monlhs :0
assessmenls imposed by tI'le U.S. Gov.~. any awe Of Clamlge to said equIpment. or any tMteof. because of lWe. 12 tiTle, the WLC: MLP over one yMt 1" tvrws the W\..... tor
90vemrnenc. or any county. CIty. or other IUWlQ au1honty theft. lightning, flood. WIndstorm. exptosaon or any ott'wtr each ye.. Of POrtion thereOf. for lhe rematntng mlnunum "fT'"
,nclucnng Department 01 HOUSIng for property. elCcise and groee cuuatty. lor full replacement value of tM equipment..-1d (2) the canceled. In no cue .... theM tenntnahOn etwv- be In ..cess
receipts. license and reQtStratlon fees assessed or ........ Iou of or damage 10 saId eQuipment. or any tI'Iereof becauM OIl of !he lMM c:narve for ItMI rwmIiInderof N contract oenocl
by a taxing authority and allocated by the lessor on etther an cotlt8lon. and (3) the dealh of. InjUry to. or d.II'naQlI to the 9. LA.... hu.. ~ to MCUrelnCl pay lor L.naM,
IMlYldual or prorated baSIS for any unit(s) of equipment baled property of any thIrd person as a reSUlt of in wtlole or in part. the- KCOUnt: any and aM I~ tiItee. petmIIIi, an othef cemt;eate1
on purcha_ prICe. value. posseUkW1. UN. situs. renlal8. UN Of' condition of said equip'nent or' 81"1 tIw8Qf, .....iIe in the at I'NIY be ~ try' .... Or otnerwtIII to Less..'s lawful
delivery or operation thereof and exdude any FedenU or state custody. possessIOn. or conlT'ot 01 Lessee WI", . COtTlbtned operaIorl. ~ or occupency or saKI SQu&pment leased
laMeS relating to Income. Lessee's Obligation. IS set fo/'tl'l herein ~~ limN of one milliOn doIlara tS 1.000.000) for peBOna6 l,..,uy _. lMMe .... lhat ail certificates of btte )'
shall survive the termnabon ollhe Agreement. liability and property damage. II II unOera1OOO thai procurement ~ appIk:atJIlt to the ~ IeaHd heret.Inder srall
Ibl ~ .... pay III colli and .._ (-.anv oI'_byL_OI_~_not.__ -~.--_.
~l!omey fees where recovery of same tl not prohibited by law) not. affect L.....s covenants. obliganone. and indemnrdel 10. Leuor resel'YH to rtMtf the nght to ~ upon Hd'l PIeCe
ncurred by Leuor In enforcng any 01 rhe '.rma. proviaiona. under thtI ,L..... and the Iou. damage to. or dutNctton of any of ~ IreMIcI neteunder tI'le name 01 tt'Ie Lesaor ard
covenants. and indemnttie. provIded heretn. of the equipment I..... hefeunder tnalI not extent. tMt lAuOr
J Lessee agrees. at Le......lOte coat and expenee. to kMp jO ecIUeIIy _led by inaurence pel(! Ie< by L_. ..- LNMe .... nbI to remove Mid word or permt or suffer .",y
saId eQuipment at an times dunng the life 01 thiS Agreement In Lessee of any of L....'. liebifily hentunder. L.... ie.. Md other l*"IOI"I10 dO 10.
~ood repAIr and operIting conditIOn and Iree of any and atIliene and _. 0 fuf insu... 01 lhO oquIpnonI. _ '-- hereby 1 1. LeIMe shaff not rernow the equiQment from the JocallC'"
3.nd encumbrances and to replace with new parts any and all rete... and warves any and .. deteMM avallabNl to I bailee ---......._---_...~
badly wom or brok." parts. and Lessee ag..... _ upon by ,_. A cerlille8le of IUd1 il'tlUl'WM>>. na"*'O Leaor .. and shail nollly Leuor ImmeGiatefy of any .evy or salzure
'ermination of ttU Agl'MfMf'llt by .x.,.ratton. or ottwwtM. A_'_1Wll _ ~...,.... _Ile _10 ~ theteof and INlII Indemnify Leuor against IOU or damage
LeSSH will relUm SIIkt equipment to Leuor 81 LnIor'I ~ priot 10 datively 10 L_oI_IOIle__. retuIIng therefrom. Leuor snail have rhe ngr,1 to Insoect salO
here1l'laboYe staled. at Lessee's cost and expense. in the .... L.....' indlirnnfficationl as set fOltti herein IheII MlMYe the 8QUipmInt from time 10 time dunng the tMn 01 trUt aqreernenl .
condition and state 01 repair U ~i~ to lHeH hetwundIir. terminatiOn of thi8 Agreement. MCI if L.... bHeYM the ..me 10 be ovenoaded ~O
ordinary wear and tear .xceplltd. (ij )1 Lo_ - inIIIlIlecl IIla d..... - normlII capecsty, or ~ Of abused or n89tected. Lesser
NO""lhatending ,... receipt 01 ... equ_ at IIla 'C~WaNer'.__.and_,,"-_ may aummanfy IWft"IO';II and repoueu aatd ~. QIVll"'g
lessor's locatiOn as indlcat<<t under '"Oat. In- on the rwYWM lee ~ _. lhOn "-....10 _ ~ "'.. live dlIya nobCe 10 ~ in writing.
SIde hereof. equipment returned witt'l acceSlOl'iel. attachmenta. lialltlity ..-.g S5Q0.00 00< .... 01 _ Ie< _ ot 1 Z. In the eyent atT'f -=t: or oblig.ldon reQUired Or Lessee
0' _ _ ,ooms. __ requoMg..... 01..,-. ""_ under eo.- 5(bl _ 5(e). _ _ I-.y herwunder IhII not be petformId in tI\e "'*"'*' and at It'le hrne
or reQuinng ....storatlOn to originat specibdoM and equipnW'II ._ _ .., 01 lhO ~ 01 Cor-. 3. 5(.), 13 _ 15 ot _ requirecI .." \Nt AQr-. ~ ...... Ile ...0
COndition due. to alferabOnlmodificaliOna pertonned by L.nHe "...__ No-.go~Iot_.-..-. beCOmII in dlIr.ufI under thCI AgrHtNnt. L.SIOf' shall t'lav. tt':e
shall remain leased hereundlIr until said ~ ,..... Ig)lf~""_lhO__~ ngIlI. _ __ 10 .., _ nghl ot ..",..., """" "'.
or rellOra" ~ bMn made by LI.... in a "*"*' WaNer', _ _. and _1Ila __.- ,.~__In_IO____no...
accaptabte to LIUor. In the evtnI' lHIM chooMlI not: to make therein. tMn L.... eor- to . ImIId ,..., of LNMrI .)~. """*'d. to csece.w all ~ -- payments dl.le ana
the reqUIred replacemema. repalr'l 01 rMIOnItiOn ~ Ih8l ~ 01 apeallecl in ~ 5(.) 0Jll 10 . __ pa,-- and 10 - _ - lhO _ - 0'
the Lessor undertllCe IhI LnMe'. obIgaIIc:lN thin _ L8eW- __ aIngIe _ .- 01 1100.000.00< __ aulljecl .. rIlII* aI ~ -- .., furIIler ,......., ot ol>hgallon :0
"'0" oe_ IIla _ dUa lot ~ ...... ot to..SI.OOOdlCMlllllll....dUItI :-"a,; ::r"', ......., ....... ~..~..C~ ~.#JI1d~. to any IlClenl.
reS1oration to be made and _ ................,...... . The ~............ _u.i>r, _ _If ~. - ~.. - -- aM
hereunder W'fnour ebalWmlnt 01 ,.... umtt the dIIte .... __ htIllL--agu."--__~_ .,- ~.......-.......... ~'. """gat,on
amount(s) dUll il Invoiced. L..... upon receiDt of invoice(') SUS8in or IIUt* In .xcea of the IImIred rHef ... abcMt. The . for ... . ~ 01:""'. tf the Leuor ..ta 10 /'1tlalltt
agren to promptty pay LnIor. L..... agrenltlat thIN ia no 1IeMIy_~i.~Ie<__.." _oIlhO_andllOill_Iot~_ n
representation by the Leuor with regaro to thII CondRIon of Gatto ~ (bCIudIng _I 10 lhO Lo_ _ _ nol ~. --. ot In pWK *'-GO at !he _.. c'
lease other than tnote set 'onn in thtI paragraph and the _1O..,_ot_ -.cIng_ ~ L_ - hereby .......,.,. _ L...... U .IS
e'__.) on... _ _ Ile _ on lhO~' (hI The -.go ~ ..- lhO ,.-, and --. _ - hereby orrwocatlIy grant ~ .N power a.
policy. __.... _ ... nol __ 10 ___ 01 lhO ~ "" IIla .-. '" -"'" includng ....... uPC"
(.) LAMN _ _ lhO _ _ _ lhO _ oquIpnonI. "., _ _ ... .,., ._ 10 L_...- ot .. ..- 01 __ Lo_ "'a"
eqUIpment is sall8leclOry and ~ 10 ........ Leeeor hMI _ _ on ground -. The _ _ fur!t*--.nIy___lhO ~t_."., cteom..
not made. and shalf nor be bound by. ".", ......,... _ _ Ile _ by _ peIty __ 10 dlIya prior ... - ot - ai_by .., 1Illnl po.., ,f Luao'
ag__. ot ~ nol ~'.. out_ ....., noIce. In...,.,........ or MI\........~ rerakeI the ..... properly. Ant 1UCh,~ ",.11 not
un_!he......1le _10 ...............IIJ'-. . _ 01 OIl for1h _ lhO ~ ... ~ 10 lhO -..... - '" ~'..~ u"".... ..,.
Ib) No~ 3(.), W Ihlo _ .. "" _ ~. poley ot poOcIu 01 """'*- 01 OIl _In ~ .~- _11M 00 no.1ied ~ ,n W'
eQUipment. wl'IiCh na. been ordered in ItCCORMnCI wiIh l..Iuee'. S_...(10Idllyaol__. ~_",__..ngtlllO'_"'soll"",
specificatJone Md ~ not from ~. cutfWIt, irwenICWy. tt'le (ij " .. tu_ __ _ .- _ In _ 10 -- -- and -- 01 L_ "'." del.,
com_ _ _Ile __ on _..lII-.g.. oompI.......~-.,ry...~~apeciledirt 1hItwrw: aI ,...........l.MMe INII be responSible 'or
Installed and ready for OCCIC*'ICY by _"--- If ~ 5(bt _ !ICj.lhO ~ _ 10 ~ ___ .. -,- In lhO - ... 01 _ 'neluOm9
i. dOlayed by'" ot _ 01 ~ _ __ ~~'-.oIng--'"'-- .1IOmey'.- . .
eom_ five (5).dlIya _ ~ .. _ 01 lhO _ _ _. _ _ aI _ 13. ~_"",_.__.otpenrill..,un""""_ol
como"_ ollila tx-.g. '*lUftdlOlle___oo_ .. lIendIIng 01_ - oqulpmenI. '-- .".11 not. _ul
leI L.-. datively 01.. _.. auIIjecI 10-" (j) The _ OIl _ in 5(11 and 5(gj _ ......,. No:1l'-.~' - - - -, --. ot sufi.. .nv
in menulllCtUring datively, ot _ due 10 h, -. _Ilelllndlng__ ~_..,_ __. ;"juryot' ......... - ot _ ,n '" SOld ,,,-
....-.n. not. __ t_ 10__ -... -"" 10 ~ In wrlIng -1otty.4ighl14l)""" - ot - -- ."., ...... .......",...
~ IIla _ _ 01 auppIf. _ 01 GocI. ot .., 01 lhO __ 01.., _.-..". """..-..- ~.ot_~
CIrcumstance. beyOnd ~. cor'lII'aI wndI ... prwenI .. ""'I _ _ _ _ ur ............. la. l:tuM _ 10 """""" _. pelf6tm .nd ...."'" OIl
mwxrtlICtU.. of _ ot lhO -. 01 _ In ... _ lhO ~ inCludIng .., _ _.." -. rulM, lwgule_ ot _ 01 .. ...... ,_.. '" loca'
no.....COUIMoI--.)I..___.- LNIOI'I I......... ~ ". "**"'" ~ gcwemnwIt to agencteI wnich in II'fy W8Y affect 04" rei.. to. or
"'at L_ WllI _ no ...... ...... ~ lot __ _by lhO ~"'Ile. _ 01.. _ _ ...............IO..,oI.lhO_otlO...u..._..""n
08_ ot ""'1__ ""'-' _ _Ile ~'. ~ ot ..... ~ ~ and . '-- ~ ~ ot *'-GO _. _ 10 I~ .no h("<I
"""""..bllity_IO.,,.,__~__ Inadent rwpoI'l ..".,.... r...or Of lMeor', ....".. from any a"d all line
"_inIOand"'_IOIle~_lllit_ (1<) ~ _ not Ile _,.,.., _ ot,-,,-IO .., ~ IlIiZIne. peMNee Mid ...... that may anN from
ag,...,..."t ie or may be ~..... _.... _ _ ot"---' In ot__.., "", ~ or vto6Ittan d any 1Ud'l1aw. rule. regulation Of
(0) LAMN__ ____Iot~ _ _ -- _ ~ - hereby _ ..,,-~ ot Il1o ~ ot by .ny othor poroon 0'
ond,...mol...__by___ .JlIlIMIIY _ ."., _ .. _ _ _ lot Ihlo _ rhal tray "..,. from .. .... poutUIOI'I. operation or condlflon
veNdee. L-.INI ~ firm Md... gnMftI on no more _ __. -.cling, IluI nol_"" ___ot_ :d .." oI......equiprMnl L..... ful"fl'ler ~,... 10 Indenw'tlfy aM
than a six-.ncn I60pe from one end to .. 0IIw for .... alleged _ --........~. _ ~ ...,. ~ lMIor Md Lluor'l USIQM8 trom any and alt
In....._le<lhO__ !lIlO_.."_ ___IO_and__~""" ..... .... damandI 01 IiIbiWty whatlOeYet lrising Irom llf"lV
_oIlhO~.._~__no .., _ .. -- -- work done on. or any rn---. euPQhed to or In connection wrth
_""".,I-.ylot-.ninlng lhO~oI.., 0) ~ _ 10 .... .., _ ........... lot 1Ila__.-,_"'''''rageof.nyof'''.
lit. Of the _-up of IhI ..... equiprneN .,... the .. or ...~ onIr' on lhO _ _ 01 tNa .- ooItIy lor equiprnenI Mid tram .. 50M 01 or damege lherel) and from af10
IrMronmenI tmpoee IIIbnomW conditione. '_01_. agMwI .. tala. lMrMOI. dUn., penaltIes. 1tabclil'y aM
.. L...... may .. .,., _ loIIOwIng lhO .__ 01 lhO 1m) The -. 01 .., _ _ ot .xpenMII. Induding .rtorneys fM' "'owsoewr arlSlng c r
mtntrnum lerm. 'MIhout priOr notICe to L...... ,..,... the .- _. inCludIng ""'1_ _ 10 Ile_ ancurrwd oeca.e of the MOt.. m8lntenlncl. use. "andl'''-1
L._ 10 ..un .. ... _ 10 ... __ ""-"" by by IIla ~0I T_ 01 lhO F_ <looornnwlI ....... 1o<<Mna. ~ or ooeratton. or allefJed use ':!'
lhO L.ouot ot ..... ""'101 lhO ..... Ie< lhO _ _ 0<.".,__....0'1._.-.__..- operaIIOn. at My olIN eQlJC)fNnI ""ere." or thereon
""_. loul. Infect by corQcI or ueocabOft. or upoM one to ,. or 15. L........ "*"""y and YW Lluor harmless 'rom .1r ~
I.) "... LAMN. _.., """'" _ _ harm of any kind. ia not pMnIIIed in the equipment and the 'oIa. ~ Of........ at wry tort Of' ".Nr.. and lrom any "abllllV
shaH continue 10 poeMeI or oc:c:upy me equ.pment IMIed _onlhO..,_...nollle____ to wry penon on ax:ounI of any damage 10 person or Drooeny
hereunder after the expiraIIon of thls ..... or wry ....... Mid I... II the 8qUIpment 18 ~ to htIve been uMd to ariIing out of IIJy ,..". of leUM to compty In any reaoect WI'"
theNof. Wtth or wtlhOuI the coneent of LMeor. the L-. .... IrONlIOft ot _""'I __ lhO ~ WllIIle_ ancII '*"""' .-,y d "" ,*",remem. and prQVtSIQnS 0' t"e
lhtrlbe_IO....._lhO_on._1O lO_lhO_.lhO_____1Ila LAue.
month ba... IUbjeCI to 1M currenl monthty pubfIIhtId IMItI .... _. f8. leMM.... not have the nght to assign thIS Lease or !o
then in etfect. 8. .......-__cIleI1lU__Ile_1O .... ,.,.. Of ~ hlre out. or part With DOSSeSSIQn of
IbIIlL__"'_.___ ~~ lour (a)_. A __ _in_. .., 01 _ _ 10 .., _. Ii,,", pennets"O.
only when lhOLo___" 1UCll_lOlhO ~_lhO_,.,__,_'_oI__ ueoc:idI:Ift. or COIJlO'dan other tNIn Leuor. wrtnout the pnot
locallOn dftigNIlO<l _ _ _ pel(! ~...-..... (a) _.. and _ nol _by lhO uucir_ __0I~_.
.nd_-lOlhO--_-- !hltly(3O)clOyOoIlhO-----... ~__...ngtlllO_ ...L_.noI",lh.
accrued .. 01 the time of Ntum of equiprMnl mumum ".te petmIaIIlbte by Iew, pM' monIh. ,..... rMlitwd.........,. In the event: of an aSStgnment of
(e) NO WARRANTY FOR IotEIlCHAHTAIIll.lTY NID (b)Aa _ in lllit LAue lhO_ _ o.rlt. ... LMIe. ~ L.eIMw. "- UIignM ."... theteby ACQUire all
FITNESS: ~____ ...no__ -Oe'f"''''''__. <9*_ __byot""_1O Leuo<.
0< i_. and .. __ 01 .., kind. irI08ICIng ...-.., (el Aa_In__. lhO...... __ ...Iour' '" LNaor ....1rWI1he equpment leased hereunder will not
any exprelMd or wnpNd warranty of ~1IIIbiIIly or fIInMa (') _ _ of -.ty...". (211)'-_ lie _.." an, _lhIin LMiM 0< _.. ..",Iay...
to< pu_. ... hereby __ OlIO __ 7 _lhO_oI~_"'_ ot_oI~.
and U 10 ."., mam_ ot ...,.., _ performed by L.ouot nolwilhalandlng lIIO -.. _ ole. _ .. _ 17. TllIt_~ lhOantIfe 119-'''''
on the eQutpmenl flI8Ied hereunder. cnorvo andlle _10""-' _ __ lhO AI_ perUu ~ 10 lhO _ m_r ""_ No a\
5. L._ ""<ally specoflceIIy _~. __ ConoumtrP<ice '-' (CPt) Ie< AI ~c-a 1_ '.....ItaiICll... or ~ nol ~ '- ,<I
to 001<1 ........ "'mMaa. _.. _ _ __ ~ by ... u.- _ _ 01 LtI>or Ste_. CPt __ ,.,..,. .... be binding upon any of tf'te partie. "eteto unless
may SUSI." or ..".., tIeCa&.We of .' 987_' 00l Cllc:fMatld .. foIow8: Fat MCh ctw'9I OIl one (f) reduCICI to wrtang and IIgMCI by the pa"'e, 10 be bOor.d
I.) __of 0<""_10 __ otany_ ,_" -"'" lhO CPI.IIla.- _ _Ile ...-..". -...". T'he '*"-- covenents. and eondihOns. and ottle-
beCauae of COIIiItOn. and I..." 0101. ~ _ __.. IIla IlegInnIng 01 prowiI6onI of IhIa ~ may her.aIt.,. be c'"'atlQed.
(b) The _010<""_10__. ot..,_ ... _ _ -.g ... ....,....._.... _ and ... ~ Of rnocIfIlId fIItit by In Instrument In wntll'1q
. because of Ii,.. ItghIning Of theft. .tnd ....-.. __ ... _ ___. Said _ ... Ile ...-..v ~ 10 do so and sognod by lhO po",.. to ""
(el The _ 01 ot __ 10 _ _ ~ 01 build on .. n.- ,...... lnon avMIDIIt priOr tD L.eIMw bOund 1hINIP/, Anw ~ motIfteatiftn Of adOMdulTl to
flood. wtndIlo"". ..pIoM)n. and . . invoicing end theI.. monIN priOr. .... lateM ~ ra M binI8nn aft lAaIIitW mual IW a1n8d
(<II _ _ 01. injury 10. ot __10 lhO..- 01.., e. The~may_lllit~_IOIIla_ bw . ~ P........ tJI LaMar
,-.... ~",.,...~ ,- , ':0.",. ," _I ,.. ,':"'-'.. ~. ... ...,.. ..... '..... ..... ......."1 "" ,_..~<tjlO "'ro......fi...-4 ............ >:'1b;fIOM II") .'lll ,..cnt1~tions of I'hts
. ..._...~..,",""'"....,,----_..._.._-- rP11"I
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ,AI - MEETING OF SEPTEMBER 8. 1992
CHANGE ORDER NO. l/BOY SCOUT HUT
DATE: September 4, 1992
This is a deduct change order in the amount of $889.22 to the contract
with Asphalt Construction of Palm Beach, Inc. for miscellaneous
revisions to the plans for the Boy Scout Hut and Enfield Road
Improvement project.
The adjustment reflects the revised turnout location to Lake Ida Road
and associated irrigation/landscaping; a curb/sidewalk combination;
and, as-built field measured quantities.
Also included in this change order is a request for a 30 day extension
of the contract completion date. This extension is necessary due to
Florida Power and Light's delay in installing power drops to the
irrigation pump due to Hurricane Andrew.
Recommend approval of Deduct Change Order No. 1 to the contract with
Asphalt Construction of Palm Beach, Inc. for miscellaneous revisions
to the plans for the Boy Scout Hut and Enfield Road Improvement
project.
.
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 91-85 DATE:
.OJECT TITLE: Boy Scout Hut and Enfield Rd Improvements
TO CONTRACTOR: Asphalt Construction of Palm Beach, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add curb/sidewalk combination along front of building (191 If); Construct entrance
turnout per location permitted with Palm Beach County; Rehabilitate existing drainage
structure on Enfield Rd; Make modifications to irrigation/landscaping scope;adjustment of
as-built field measured quantities for item no. 7, 11, 12, 13, 14 and 15. All work to be
in accordance with Schedule "A" attached and add an additional 14 calendar days for this
work. In addition, Florida Power and Light service drop to new irrigation well pump is
delayed for approximately 30 calendar days due to Hurricane Andrew.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $123,328.20
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $123,328.20
'ST OF CONSTRUCTION CHANGES THIS ORDER $ - 889.22
_JJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $122,438.98
PER CENT DECREASE THIS CHANGE ORDER -1 ,
--
TOTAL PER CENT INCREASE/DECREASE TO DATE _-1_____'
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 44 CALENDAR DAYS TO 10/14/92
- -----
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
- // /// ~;/
-L ,;;/:7 "c4~
for Asphalt Construction Jim Reynolds, Chief Design Engineer
of Palm Beach, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 225-4141-572-61.37
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commision
RECOMMEND: By:
William H Greenwood, Dir Thomas E. Lynch, Mayor
of Environmental Svc
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
.
.
Project 91-85 Schedule "A"
Boy Scout Hut/Enfield Rd Improvements
Change Order #1
---------------------------------------------------------------------------------------------------------
ITEM ITEM DESCRIPTION ContractAs-bui l t +/- C. Unit
NO Qty Qty #1 QTY Price TOTAL
---------------------------------------------------------------------------------------------------------
A Plus/Minus As-built Qty Adjustments
Base Contract
7 15" RCP 400 268 -132 l f 16.25 -2145.00
11 Pavement Repair 140 24 -116 ea 14.75 -1711.00
12 Sod/Landscape repair 200 305 105 If 1.75 183.75
13 Air Release Valve Vaults 2 0 -2 ea 4130.00 -8260.00
14 Adjust Valve Box 2 1 -1 ea 110.00 -110.00
15 Lower existing manhole 1 0 -1 ea 385.00 -385.00
Change Order #1 -
1 Curb/sidewalk combination 191 If 16.43 3138.13
2 Change entrance location per County requirement 1 ls 2777.50 2777.50
3 Rehab existing drainage structure on Enfield 1 ls 590.40 590.40
4 Add "Washingtonian Palms" per revised landscaping 7 ea 480.00 3360.00
5 Add RC7C Station Controller per revised irrigation 1 ea 440.00 440.00
6 Add' I depth of irrig well for increased capacity 20 If 61.60 1232.00
----....---
Net total deduct Change Order #1 -889.22
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---------
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1=11: ASPHAL T CONSTRUCTION
of Palm Beach, Inc.
2461 Port West Boulevard
West Palm Beach, Florida 33407
(407) 863-6837
August 31, 1992
City of Delray Beach
Department of Environmental Services
434 South Swinton
Delray Beach, Florida
Attn: Mr. Howard White
Re: Boy Scout Hut and Enfield Road Improvements
Project #91-85
We would like to request an extension of time on the Boy
Scout Hut and Enfield Road Improvements; due to plan changes
and Hurricane Andrew.
Florida Power & Light cannot give us a time to bring power
down to the well pump for they are busy in Dade County trying
to restore their power. Due to this setback we are unable to
receive power for the sprinkler system which will be necessary
to keep the new landscaping alive.
Asphalt Construction of P.B. ,Inc.
O~/~7
David H. Rauner
Estimating Manager
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ffP1
SUBJECT: AGENDA ITEM # ~O - MEETING OF SEPTEMBER 8. 1992
RESOLUTION NO. 97-92
DATE: September 4, 1992
This is a resolution vacating and abandoning the south two feet of an
eight foot utility easement located across the northerly portion of
Lots 7 and 8, Block 2A, Lake View Heights Unit No. 1.
The subject property is located at the northwest corner of N.W. 1st
Avenue and Lake Terrace.
A single family residence and a guest cottage are situated on the
subject property. In May 1971, a fire destroyed the single family
residence; however the guest cottage was not harmed and remains as
originally constructed. This cottage encroaches approximately 1.8
feet into the easement. Additionally, the driveway encroaches
approximately 1.2 feet into the easement.
The property is in the process of being sold and the owner has
submitted a petition for abandonment of two feet of the eight foot
utility easement. All City and utility providers have favorably
responded to the abandonment request.
Recommend approval of Resolution No. 97-92.
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-~._--
RESOLUTION NO. 97-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE SOUTH 2.0 FEET OF THAT CERTAIN
UTILITY EASEMENT, 8.0 FEET IN WIDTH, ACROSS THE
NORTHERLY PORTION OF LOTS 7 AND 8, BLOCK 2A,
LAKE VIEW HEIGHTS UNIT NO.1, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
67, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
WHEREAS, Peggy A. Murphy is the fee-simple owner of
Lots 7 and 8, Block 2A, Lake View Heights Unit No.1, according
to the Plat thereof recorded in Plat Book 4, Page 67, of the
Public Records of Palm Beach County, Florida; and,
WHEREAS, Nanette C. Schofield, as duly authorized
agent, has made application for abandonment of the south 2.0 feet
of that certain utility easement, 8.0 feet in width, across the
northerly portion of Lots 7 and 8, Block 2A, Lake View Heights
Unit No.1; 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 utility easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(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:
The South 2.0 feet of that certain utility
easement, 8.0 feet in width, across the
northerly portion of Lots 7 and 8, Block 2A,
LAKE VIEW HEIGHTS UNIT NO.1, according to the
Plat thereof as recorded in Plat Book 4, Page
67, of the Public Records of Palm Beach County,
Florida.
Containing 267 square feet, more or less.
PASSED AND ADOPTED in regular session on this the 8th
day of September, 1992.
I MAYOR
I
ATTEST:
City Clerk
.
I
I.
.
.
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~I ABANDONMENT
LAKEVIEW HEIGHTS
LOTS 7 ac 8. BLK. 2A
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
~ -\ ~\A,CL-
THRU: DA 10 J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
~- ~ C (.7-"'~ .j\,...,
" ~) ~'--" _ Y"'______
FROM: STEVEN E. TAYLOR
PLANNING TECHNICIAN II
SUBJECT: MEETING OF SEPTEMBER 8, 1992
ABANDONMENT OF UTILITY EASEMENT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of 2' of an 8' utility
easement.
The subject property is a single familiy home located at
the northwest corner of Northwest 1st Avenue and Lake
Terrace.
BACKGROUND:
In May, 1971, a fire destroyed the single family residence
located on Lots 7 and 8 Block 2A, Lakeview Heights. Although
the fire destroyed the main resldence, a guest cottage located
along the northern perimeter of the property was not harmed.
In October, 1971, a new single family residence was constructed
on the subject property. The guest cottage remains as originally
constructed.
In August, 1992, the Planning and Zoning Department received a
petition to abandon a 2 ' portion of an existing 8' utility
easement on this single family lot. The property is being sold,
and the encroachment of the guest cottage structure 1. 8' into
the easement was noted on the survey. Additionally, the
driveway encroaches approximately 1.2' into the easement.
The new owner wants to ensure that he will not be forced to move
the structure or driveway in the future.
All City and utility providers have responded to the abandonment
request and there have been no negative responses given.
.
City Commission Documentation
Utility Easement Abandonment
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for the
abandonment of public easements.
RECOMMENDED ACTION:
By motion, approve the abandonment of the southern 2' of the 8'
utility easement located within Lots 7 and 8 Block 2A Lakeview
Heights through the enactment of Resolution -92.
Attachment:
* Reduced Survey
T:BLK2A.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERm-1
SUBJECT: AGENDA ITEM # 8P - MEETING OF SEPTEMBER 8. 1992
RESOLUTION NO. 96-92
DATE: September 4, 1992
This item is a Resolution assessing costs for abatement action
required to remove nuisances on 30 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. 96-92 assessing costs for abating
nuisances on 30 properties located within the City.
'.
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RESOLUTION NO. 96-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
i WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Cha~ter 100 of the Code of Ordinances desires to assess the
cost of said nu~sance(s) against said property owner(s) ,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
,County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the 8th dav of Slptember, 1992 has levied an
assessment against said property or 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 ;.rty
(30) days from the date of adoption and ::he assessment(s) cc ned
herein shall become due and payable thirty (30) days after the _ing
date of the notice of said assessment(s), after which a lien s;. .1. 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 8th day
of September , 1992.
,
MAYOR I
1
ATTEST: !
City Clerk
I
I - 2 - Res. NO.96-92
I
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
N58 ' OF S312.12' OF E135' OF IVERSON LASTER $ 51.16
BLK 10, TOWN OF DELRAY, PB 1, P.O. BOX 1225 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 (RECORDING)
BEACH COUNTY, FL
(NW 6TH AVENUE)
Sl/2 OF LOTS 1 & 2, PLUMOSA PK CHESTER A. WALKER $ 19.68
SEC A, PB 23, P 68, PUBLIC 1313 NE 2ND AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(1313 NE 2ND AVENUE)
LOT 18, BLK 23, TOWN OF DELRAY, MATILDA JOHNSON $ 51.16
PB 10, P 69, PUBLIC RECORDS, 225 SW 6TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(225 SW 6TH AVENUE)
S50' OF N200' OF E135' OF CATHERINE LEWIS $109.86
BLK 14, TOWN OF DELRAY, PB 1, C/O CYRIL S. LEWIS 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM 1365 ST. NICHOLAS AVE.7R (RECORDING)
BEACH COUNTY, FL NEW YORK, NEW YORK 10033
(SW 6TH AVENUE)
LOTS 23 & 24, BLK 6 VER BERNARD W. EVERETT $ 35.03
TERR, PB 11, P 61, 1 ~C JEAN M. EVERETT 70.00 (ADM COST)
RECORDS, PALM BEACH CuUNTY,FL 309 NW 4TH STREET (RECORDING)
(1011 MIAMI BLVD) OKEECHOBEE, FL 34972
LOT 25, BLK 6, SILVER TERR, BERNARD W. EVERETT $ 26.88
PB 11, P 1, PUBLIC RECORDS, JEAN M. EVERETT 70.00 (ADM COST)
PALM BEACH COUNTY, FL 309 NW 4TH STREET (RECORDING)
(200 SE 10TH STREET) OKEECHOBEE, FL 34972
LOT 16, BLK 4, PRIEST'S ADD TO ROSA L. SCOTT $ 58.90
ATLANTIC TO ATLANTIC PARK 545 AUBURN CIRCLE E #B 70.00 (ADM COST)
GDNS, PB 23, P 70, PUBLIC DELRAY BEACH, FL 33444 (RECORDING)
RECORDS, PALM BEACH COUNTY, FL
(SW 13TH AVENUE)
E41' OF LOT 2, BLK D, RIDGE- MADELINE S. SANTIAGO $ 31.42
WOOD HGTS, DELRAY, PB 14, 1105 1/2 SW 7TH STREET 70.00 (ADM COST)
P 44, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(SW 7TH AVENUE)
El/2 OF LOTS 14 & 15, BLK 2, MARIE CULLERTON, ROBERT $ 27.68
KENMONT, PB 20, P 65, PUBLIC DEANS, & JEAN SCHAEFFER 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL C\O TONNESSEN (RECORDING)
(850 BOND WAY) 700 E. ATLANTIC AVENUE
POMPANO BEACH, FL. 33060
-3- Res. No. 96-92
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LOT 37, BLK 8, TOWN OF DELRAY, J. & LUCILLE HOWARD $ 62.90
PB 14, P 58, PUBLIC RECORDS, 902 NW 1ST STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(SW 7TH AVENUE)
LOT 37, DELRAY MANOR ADD. TO DANIEL MCGILL, JR. $159.86
DELRAY, PB 12, P 59, PUBLIC 2120 ELKRIDGE LANE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL RICHMOND, VA 23223-2046 (RECORDING)
(945 SW 6TH AVENUE)
S100' OF N1040' OF GOV LT 4 E MARLENE CERNY $ 27.68
OF ST RD AlA, SUB OF SEC C/O DAVID B. DICKENSON 70.00 (ADM COST)
21-46-43, PUBLIC RECORDS, PALM 980 N. FEDERAL HIGHWAY (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33431
(1325 S. OCEAN BLVD.)
LOT 39, DELRAY BEACH ESTATES, GERALD J. SOLOMON $860.00
PB 21, P 13, PUBLIC RECORDS, 17096 NORTHWAY CIRCLE 70.00 (ADM COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 33496 (RECORDING)
(2345 N. FEDERAL HIGHWAY)
LOTS 3 & 4, BLK 8, DELL PK, RICHARD A COURT $ 242.78
PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(1012 NE 3RD AVENUE)
LT 1, BLK 9, REPLAT DELRAY STEWART DAVIS $ 51.16
BEACH HEIGHTS EXT, SEC A & B, 1640 STONEHAVEN DR. #2 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33416 (RECORDING)
COUNTY, FL
(SW 12TH AVENUE)
LTS 15 & 16, VISTA DELMAR, SHEILA A. MAHONEY $ 88.44
DELRAY BEACH, PB 13, P 21, 1202 VISTA DEL MAR DRIVE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDING)
COUNTY, FL
(1202 VISTA DEL MAR DRIVE)
LT 13, BLK 39, RESUB. OF Sl/2 SHIRLEY T. WILLIAMS $ 39.42
OF BLK 38 & N1/2 OF BLK 39, O.B. THOMAS 70.00 (ADM COST)
DELRAY BEACH, PB 11, P 34, 816 SW 3RD COURT (RECORDING)
PUBLIC RECORDS, PALM BEACH DEL RAY BEACH, FL 33444
COUNTY, FL
(222 SW 3RD AVENUE)
LTS 30 & 31, BLK 15, TOWN OF MATTHEW JR. & MARTHA $ 62.90
DELRAY, PB 13, P 18, PUBLIC MITCHELL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 324 NW 11TH AVENUE (RECORDING)
(607 SW 3RD STREET) DELRAY BEACH, FL 33444
-4- Res. No. 96-92
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- - -
- --- ------
- -- -,
LT 1, BLK 8, SEACREST PK, WILLIAM HANCOCK $ 88.44
PB 24, P 33, PUBLIC RECORDS, 2119 NORTHRIDGE ROAD 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(2119 NORTHRIDGE ROAD)
S5' OF LOT 1 & N71.5' OF LT 2, SYLVIA SCHUPLER TR $ 86.38
BLK 30, TOWN OF DELRAY, PB 1, 3101 WASHINGTON ROAD 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BEACH WEST PALM BEACH, FL 33405 ( RECORDING)
COUNTY, FL
(109 SW 5TH AVENUE)
LT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH ESTATE $ 39.42
PB 10, P 69, PUBLIC RECORDS, 215 SW 5TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(214 SW 5TH AVENUE)
E 50' OF W175' OF N160' OF BEATRICE GRAHAM $ 27.68
w1/2 OF Sl/2 OF LT 5, SUB OF BOBBY L. GRAHAM 70.00 (ADM COST)
SEC. 8-46-43, PUBLIC RECORDS, 721 NW 4TH STREET (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(714 LAKE IDA ROAD)
LT 12, BLK 4, ODMANN'S :SUB, WILLEAN LLOYD $ 31. 42
PB 4, P 53, PUBLIC RECq~$, 14 SW 13TH AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL - -:-:~. DELRAY BEACH, FL 33444 (RECORDING)
(14 SW 13TH AVENUE)
LT 23, BLK 4, ODMANN'S SUB, LEON I & GAIL R. JENKINS $ 43.16
PB 4, P 53, PUBLIC RECORDS, 16049 RIO DEL SOL 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33446 (RECORDING)
(21 SW 14TH AVENUE)
LTS 23 & 24, BLK 120, BLANK- VIOLA B. HENDERSON $ 88.44
NICHOLS SUB., PB 13, P 28, 300 SE 7TH AVENUE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDING)
COUNTY, FL
(300 SE 7TH AVENUE)
LOT 2, BLK 102, TOWN OF DELRAY, V.C. & A.P. NOCERA TRUST $ 70.44
PB 1, P 3, PUBLIC RECORDS, 626 WEST DRIVE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(103 SE 4TH AVENUE)
-5- Res. No. 96-92
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N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $266.26
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33460 (RECORDING)
(102 SE 2ND AVENUE)
LT 12, BLK 96, LINN'S ADD TO THOMAS S. MCDERMOT $157.34
OSCEOLA PK, DELRAY, PB 1, 347 SE 3RD AVENUE 70.00 (ADM COST)
P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483 (RECORDING)
BEACH COUNTY, FL
(347 SE 3RD AVENUE)
LT 23, BLK 23, TOWN OF DEL RAY , GRACE BARNETT $270.52
PB 10, P 69, PUBLIC RECORDS, 1401 39TH STREET 7C 00 (ADM COST)
PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33407 (REC ~RDING)
(SW 3RD STREET)
LOTS 43 TO 44, INC. , SUNSET PK, ANPE INC. $512.44
DELRAY, PB 12, P 65, PUBLIC P.O. BOX 3215 70.00 (ADM COST).
RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33424 (RECORDING)
(1022 MANGO DRIVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 96-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER mvl
SUBJECT: AGENDA ITEM # 1S'~ - MEETING OF SEPTEMBER 8. 1992
AWARD OF BIDS AND CONTRACTS
DATE: September 4, 1992
This item is before you to approve the award of the following bids and
contracts:
1. Demolition - Tennis Center site - K & K Wrecking
Corporation in the amount of $19,000 with funding from
General Construction Fund - Tennis Center/Stadium (Account
No. 334-4145-572-63.41).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood tnJ~~
Dir. of Environmental Services
FROM: Richard Hasko, P.E. ~
Asst. city Engineer
DATE: August 31, 1992
SUBJECT: Delray Beach Tennis Center Phase I Demolition
Project No. 92-039
Attached is a Notice of Tentative Award along with an agenda
request for award of the subject project. The lowest
responsible responsive bidder is K & K wrecking corporation
with a proposal of $19,000.00 for the work. The funding
account for the project is acct. no. 334-4145-572-63.41.
Attached for your reference is a bid tabulation sheet.
Please sign the Notice of Tentative Award and return to this
department for further processing.
DH : mm
cc: Ted Glas, Purchasing Officer
Joe Weldon, Dir. of Parks & Recreation
File: Project No. 92-039 (D)
DH239901.MRM
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PRJ '92-39; DELRAY BEACH TENNIS CENTRE
BID TABULATION
X " X Wrecking Shaw Trucking Rio-BaIt Corporation
BID ITEM DESCRIPl'ION Corporation Inc.
--------- --------- ------------- ------------- -------------
1_) Bidder will complete the Work
for the following price: $19,000.00 $47,613.00 $68,745.00
-=--._~_a=;;:a. ------ -------
TOTAL BID $19,000.00 $47,613.00 $68,745.00
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtt/1
I
SUBJECT: AGENDA ITEM # 9A - MEETING OF SEPTEMBER 8. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: September 4, 1992
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period August 24,
1992 through September 4, 1992. The following actions were considered
during this reporting period:
Planning and Zoning Board did not hold a regular business meeting
during this reporting period.
Site Plan Review and Appearance Board:
-Approved the master sign program for Ralph Buick.
-Approved the landscape and architectural elevation plans for the
elimination of berms, relocation of landscape materials and
construction of a perimeter fence for Security Self Storage.
-Approved the architectural elevation (awning addition) for
Luna's Ristorante.
-Approved the site, landscape and architectural elevation plans
in conjunction with the construction of the In-line Booster
Master Pump Station.
-Approved the site, landscape and architectural plans for Blue
Max Autohaus, Inc. , and recommended approval of a request for a
reduction in the perimeter landscape strip along the south
property line.
-Approved the site, landscape and architectural elevations plans
for the expansion of the Municipal Tennis Center and Stadium;
approved a reduction of right-of-way for N.W. 1st Avenue and N.W.
3rd Avenue; and, recommended approval of a request for reduction
of . the perimeter landscape strips along N.W. 1st Street and
Atlantic Avenue.
Historic Preservation Board meeting was cancelled due to a lack
of a quorum.
A detailed staff report is attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: QV::JI:'~TY MANAGER
THRU: VID J. KOVACS, DIRECTOR
~RTMENT OF PLANNING AND ZONING
PU~ ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF SEPTEMBER 8, 1992
REPORT OF APPEALABLE LAND USE ITEMS
AUGUST 24, 1992, THRU SEPTEMBER 4, 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 24, 1992, through
September 4, 1992.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must~be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
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City Commission Documentation
Report of Appealable Land Use Items
August 24, 1992 through September 4, 1992
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF
SEPTEMBER 4, 1992: :
1. Approved the master sign program for Ralph Buick, located
at the northeast corner of Federal Highway and Avenue "F"
(Vote 5 to 0).
2 . Approved the landscape plan and architectural elevation
plan in conjunction with the elimination of previously
approved landscape berms, relocation of proposed landscape
materials and construction of a perimeter fence for
Security Self Storage, located at the northeast corner of
SW 4th Avenue and Linton Boulevard (Vote 5 to 0).
3. Approved the architectural elevation (awning addition) for
Luna's Ristorante at Atlantic Plaza, which is located on
the northeast corner of East Atlantic Avenue and NE 7th
Avenue (Vote 5 to 0).
4. Approved the site plan, landscape plan and architectural
elevation plan in conjunction with the construction of the
In-Line Booster Master Pump Station, located at the
southwest corner of NE 3rd Street and NE 4th Avenue (Vote 5
to 0).
5. Approved the site plan, landscape plan and architectural
elevation plan for Blue Max German Autohaus, Inc, a full
service vehicle repair facility. In addition, the Board
recommended to the City Commission a reduction of the
perimeter landscape strip (along the south property) from
5' to 2.5' (Vote 4 to 0).
6. Approved the site plan, landscape plan and architectural
elevation plan for the Delray Municipal Tennis Center and
Stadium. Concurrently, the Board approved a reduction of
the required right-of-way for NW 1st Avenue, and NW 3rd
Avenue from 60' to the existing 50' and 40' respectively.
Also, the Board recommended to the City Commission a
reduction of the perimeter landscape strips from 10' to 0'
for 301 , along NW 1st Street, and from 15' to 5 ' along
Atlantic Avenue (Vote 4 to 0).
No other appealable items were considered by the Board. However,
the following agenda item required Board action:
* Tabled the business sign for Engleman's Kosher Foods in the
Delray Square Shopping Center, located at the northeast
corner of Atlantic Avenue and Military Trail so that the
applicant may readdress the proposed "wording".
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City Commission Documentation
Report of Appealable Land Use Items
August 24, 1992 through September 4, 1992
Page 3
HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 2, 1992 (This
meeting was cancelled due to a lack of a quorum).
PLANNING AND ZONING BOARD (PZB): No Regular Business meeting was
held during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF SEPTEMBER 8. 1992
l-30 CANAL
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LUCI: IDA ItOAD
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~TLAHTIC AVENUE
SW2ST
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LDWSON IOULEVARD
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UNTO" IOUlEVARD ~
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L-II CANAl.
S.P .R.A.B. ITEMS:
1. - RALPH BUICK
2. - SECURITY SELF STORAGE
3. - LUNA"S RISTORANTE
4. - MASTER BOOSTER
PUMP STATION
5. - BLUE MAX GERMAN
N AUTOHAUS INC.
6. - DELRAY BEACH MUNICIPAL
TENNIS CENTER
CITY OF DElRAY BEACH. fLORIDA
PLANNING DEPARTMENT
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.tfL..", MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY ~AGER mv(
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SUBJECT: AGENDA ITEM # 915 - MEETING OF SEPTEMBER 8. 1992
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION
DATE: September 4, 1992
This item is bef~.~u to consider an appeal of a decision made by
the Site Plan Review and,. Appearance Board denying an amendment to the
Master Sign Program..m" allow two flat wall sign for Gold Coast
Chiropractor loca~~at 1000 Linton Boulevard.
;:i'
The applicant requ'ek.d two 35 square foot signs, 20 feet x 22
inches, for the north and west elevations based upon the rationale
that one flat wall sign would not provide exposure from all angles of
the corner store fll;DlJtF~..
The Board had concerns with the double signage. Their discussion
included concerns~t.>>,.r~gard the precedent it would establish for the
shopping center. -'d; 'tlle other corner locations which would be
affected. Bizmart, Target and Circuit City are all major anchor
stores in Delray.rpssing and under the master sign program have
additional flat w~ll signage facing 1-95.
.
Staff recommends ~~!9f the appeal.
Recommend cons ide~n of an appea 1 of a decision made by the Site
Plan Review and Aearance Board denying an amendment to the Master
Sign Program to allow two flat wall signs for Gold Coast Chiropractor
located at 1000 Linton Boulevard.
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT YIfJ
SUBJECT: APPEAL OF SPRAB'S DECISION FOR GOLD COAST CHIROPRACTIC
- --
DATE: SEPTEMBER 1, 1992
ITEM BEFORE THE COMMISSION:
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An appeal to the City Commission of the Site Plan Review and
Appearance Board's (SPRAB) decision regarding a request for an
additional flat wall sign on a corner location in Delray
Cros sing. This action appeals the decision made by the Board at
their regular meeting of August 19, 1992.
BACKGROUND:
The applicant submitted a request to SPRAB to amend the master
sign program to allow for an additional flat wall sign for Gold
Coast Chiropractic Center. The store is on a corner location
within the Delray Crossing Shopping Center with a north elevation
exposure. The applicant requested two (2) 35 sq. ft. signs (20'
x 22") for the north and west elevations.
The Board had concerns with the double signage. Their discussion
included the precedent it would establish for the shopping center
and the other corner locations which would be affected. Bizmart,
Target and Circuit City are all major anchor stores in Delray
Crossing and under the master sign program have additional flat
wall signage facing I-95.
RECOMMENDATION:
Staff is recommending City Commission denial of the appeal to
SPRAB's decision for a second flat wall sign requested by the
owner of Gold Coast Chiropractic Center.
LB:DQ
Attachment - SPRAB minutes
D14
GoldCst.CC
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~I~UTES: Site Plan Review and Appearance 80ard
August 19. 1992
Page 4
Represented by Joshua Robinson. Staff had concerns regarding the tenant
copy. The members were asked for their opinions. Mr. OeOto did not feel
the sign was an enhancement. Mr. Fisher suggested the applicant use the
plaza name and felt the sign appeared clutteredi the plaza is loosing its
identification without the plaze name. Mrs. Oster felt the sign appeared
cluttered and did not enhance the plaza. Mr. LaSalle noted the application
had not changed since the last presentation. Mr. Sowards felt the sign was
very difficult to read. Mr. Marsh stated he agreed with the members.
After discussion, Mr. Fisher moved to deny the request for signage for
Regency Plaza II. Seconded by Mrs. Oster. The applicant replied that the
sign was the desire of the tenants. He was informed he could appeal the
decision of the board. The vote was as follows:
Jess Sowards Yes
Sam DeOto Yes
Debora Oster Yes
Gene Fisher Yes
Tom LaSalle Yes
Mark Marsh Yes .
(sign denied)
C. Gold Coast Chiropractor 92-17771
1000 Linton Boulevard - Suite A-7
Sign Craft. Inc.
Amendment to the Master Sign Program & an Excess Flat Wall Sign
Represented by Dr. Douglas Manolakos. The code allows only one (1) flat
wall sign. The applicant stated he has two (2) store fronts. The members
were asked for their opinions regarding the application. Mr. Sowards was
concerned with the double signage. Mr. LaSalle stated he was in agreement.
Mr. DeOto stated he would not approve two (2) signs. Mr. Marsh felt that
two (2) signs were a problem and would consider one (1) sign. The members
appeared to be in agreement. Mr. Sowards moved to deny the second sign;
the two (2) signs as presented. Seconded by Mr. LaSalle with the vote as
follows:
Jess Sowards Yes
Debora Oster Yes
Tom LaSalle Yes
Gene Fisher yes
Sam DeOto Yes
Mark Marsh Yes
(application denied)
IV. MISCELLA.~EOUS
A. Shining Through
430 East Atlantic Avenue
Shannon Shacy
Color Change for Fascia & Awning of a Retail Store
ReDresented bv Shannon Shacy. The applicant intends to change the color of
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9273 S.W. 8th St.
Boca Raton Florida 33428
August 21, 1992
City Clerk
City of Delray Beach
100 N.S. 1st. Avenue
Delray Beach, Florida 33444
RE: Delray Crossings
Appeal Decision
Gold Coast Chiropractic
Dear City Clerk,
I am requesting an appeal of a board decision made on August
nineteenth 1992 concerning signage for my chiropractic office.
I have a corner office front which requires a sign facing
each dedicated street for adequate exposure. It was ruled that
for aesthetic reasons I could only have one sign. I feel
the decision made was unfair, it seemed the board members
had already made their decision before I had a chance to
present my case.
Being a corner store front, signage on one side would not
provide exposure on all angles as a flat store front would.
For example, a patron standing inside of the shopping center
could not know we were there if we only had a sign facing
Linton Blvd. Conequently, a sign facing within the shopping
center would prevent major exposure to the heavily traveled
Linton Blvd. Furthermore there are three precedents that
allow Bizmart, Target, and Circuit City , which are all in the
same center, to have two signs.
I hope you take another look at our situation and consider
our appeal.
Thankyou for your time.
72r1J~ours,~~
Dr. Dougla~lakOS
Gold Coast Chiropractic Center
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CITY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Sep 04,92 12:25 F' rl~'
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[ITY DF DELRAY BEAEH
CITY AnORNEY'S OFFICE 200 NW hI AVENUE · DEI.RAY BEACH, FLORIDA 31444
FACSIMILE 407/218-4755 Wr~~.~'. D~r.o~ L~n_
(407) 243-7090
MEMORANDUM
Date: september 2, 1992
To: City Commi88ion ~
From: David N. Tolces, Assistant City Attorne
Subject: Cassandra Wells
Our File No. 09-g2.0l2
The Civil Service80ard will be holding a hearing regarding the
demotion ot Cassandra Wells, Communications Specialist. Due to
the fact that the City Attorney'. Office represents the City,
and functions in an adversarlal capacity, the Civil Service Act
requires the appointment of an advi.ory counsel.
It is the City Commission's role, pur8u~nt to our Civil Service
Act, to appoint independent board counsel in these circum-
8tances~Th. City Attorney'. Office has contacted both Robert
Feeler.piel, Esq. , and Trela White, Esq. , as they have
previously indicated a willingness to do this type of work, and
both are available for the hearing scheduled for september 30,
1992 and OCtober 1, 1992. Mr. Federspiel would charge $125/hr.
anc1 Me. White would ~harge $lOO/hr. for their role as board
counsel. 1 have attached copl.. of their resumes.
DNT: ah .
ee: Dav1dHarden, City Manager
Anita Barba, Board Secretary
Cheryl Leverett, Agenda CoordInator
Attachment. fcPEPPlEb
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8pDfJ!lJJlla. DIT'I'~. FIID...PIJIIL . DOWLDf'G -
ATTORNEYS AT LAW
A """TNI:"."'" tMCloUDlNO HtOI'CllIONAl. ....OCIATlON.
.01 <<AS' A~u.HTIC AVCNUE
CELMAY eEACH, FLORIDA 33483
14071 27..Z.00 ,
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00""1.& C. OOWI.IH. (407/ .7......
RO.I:RT W. 'COC,.I~'Cl.. ... A, WESt ~"LN 8EAcH LINe
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February 1', 1992
Jeffrey Kurtz, City AttOtlley
City of Dekay Bc.ch
200 N.W. Pint Aveaue
Dekay Beach, f'L 33444
Ile: Ci vii Service Board Ouwde Couaacl
Dear left:
Thia II to COllfitm that I would be interested ia servial u outside couuel to the Civil Service Board
of the City of Delray Beach fot purposes of haadlill' employee crievallCCl.
_.~ .. _u
~ you.... aWHC. 1 baye had sipificaat experience ia public sector law by reuoa of my curreat
rcpreaeatatlOD"bf.tJle Deltay Beach CommuDity R.edevelopment Aaeacy, the South Ccatral Regioaal
Wutewater Treatment gd Dlapo&al Boarcl. gel the Delray Beach Houial Authority. As well, ia the
put I u'Ie ropreseated the Qty or Boyatoa Beacla. Ia aclclitioD [ repreaellt aumefoUl corporate eel
baaiaell elieata who baye reqbinelauiatuce ill penouel mattera from time to time.
,. . I
~Il the .veat you woolcl require aD, aclditioaal iaformadoD or a tuu resuDu1 pleue clo Ilot hesitate to
ca1l. '
Sillcorelr,
R.OBBRT W. PBDBRSPIBL, PA.
I!<
Robert W. Pedenpiel
RWP:kp
r:C;'l 2 7 \:-,:D
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CITY I=1TTORNEY' S OFFICE TEL No. 407 273 4755 ;:ep 1)4,j2 12: 2,: ::,:J
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JOHN CORam TELIPHOHe ~
TMLA J. WHfTE TILECOPlER ~
.
February 25, 1992
Jeff Kurtz, City Attorney
City of Delray Beach
100 N. W. Firat Avenue
Delray Beach, Fl. 33444
ael Legal aepresentat10n
C1.V~11 ervice
Dear Mr. r
Pl~ advised that the above-named fira is available to
..rve aa Counsel ~o the Civil Service Board on an as needed
basis.
-'''r will be. happy to perform the servJ.ces required at the
hourly rit.t ot $100.~OO per hour. . .
Thank you t~r thi. opportunity to submit myresuae and I
look forward to h..ring trom you in the near future.
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Enclosure
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Irm&@~DW~ fffi/
1~~1 FEe 2 6 ~ III III
CiTY'A~TORNEY'S OFFICE TEL No. 407 278 47S53~p 04.32 12:20 - '-
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RESUME
EDUCATION
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J.D. Nova university School of Law,
Fort Lauderdale, Florida (1980)
Law Review
First Place - Moot Court Compe~itlon
Goodwin Scholar
8.S. Cum Laude - univer.ity of Missouri
Columbla, Mi..ouri (1966)
PROFESSIONAL EXPERIENCE
T
Town Attorney- Town of Lantana 1986-Present
City Attorney - city of Atlantis 1988-Pre.ent
Cod. Enforcement Attorney - City of West Palm
Beach 1987-pre..nt
Special Project Attorney - pala Beach County
Municipal League 1990-.Present
_.... Special pro,ect Attorney , Code
"-B~forcemenY-Attorn.y - Town of Hypoluxo
~ary 199o-Present
C1v1 ServIce Hearings - Special Boards
- Cit.y of Boynton "aoh. Upon Request.
.: October"'1990 -
... j
Present Co~btttt. , White
. May' 1"88 - Trela J. White, Attorney"'At-Law
October 1990
Town Attorney - Town ot Lantana
C~ty Attorney - City ot ~tl.nti.
Code Enforc...nt Attorney ... City of West
Pal. .each' .
Attorney for We.t Pal. aeach Expos
Attorney for PIRMA'- Florida Intergoverrunental
Risk ManaV8m_nt A..oc1ation
<;f~H "M~ "'IIfi:I-..
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CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Sep 04.92 12:27 p' . ~)t:,.
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February 1987 - F. Martin Perry' Associates, P.A.
May 1988 Land Use; Zoning; Real Estate; Governmental
Permitting and Municipal Law
Town Attorney - Town ot Lantana
Code Enforcement Soard Attorney - City ot West .
Palm Beach
City Attorney - City of Atlantis
January 198~ - Gibson and Adams, P.A.
February 1987 Land Use; Governmental Permitting; Real Estate,
Contracts, Closings, Modifications (otfice
handled a large percentage of F1or14a National
Bank'. Loan Closings - both ~.sldential and
Commercial Loans.) Commercial Litigation;
For.closures~ Bank1ng Law and Municipal Law.
Town Attorney - Town of Lantana
Cod. Bnforcement Board Attorney - City of
. Boynton Beach
Rep~e.ented city of West Palm Beach on var10us
Municipal matters, Appeals, Pension. Litigation,
etc.
August 1982 --., A..1stan~'City Attorney - City of West Palm
January ~ Beach
-..;;:
. BoaN Attorney for 'zon1ng Board Of Appeal.,
.
Code Bnforceaent 8oarc:li Con,tractor' a Licensing.
Board, Bu11d1n9 Soard of Adjustments and
.j. Appe"l., Clt.y, Fire anel Pollee Pension Boards;
bandled~ll litigation arIs~ng from the Boards;
Prosecuted Civll Servlce Cases; Workers'
Co~en8ation; AS8isted The CIty Attorney wIth
CIt.y Co.-lealon" matters.
Jun.,,1981 - ~.latant Attorney General - State Department
AU9Ust 1982 of Le,al AffaIrs
Prosecuted and Defended criminal Appellate
matters and behalf of the State of Plorida.
PractIced extensIvely betore the 4th Di.trict
Court ot Appeals.
Septemberl9?8 - Attended Law SchoOl
'December 1980
Reterences Available Upon Request
f{~ ~ "Irk/.
.
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # qD - MEETING OF SEPTEMBER 8. 1992
LETTER OF SUPPORT/PALM BEACH COUNTY COMPREHENSIVE SUB-
STANCE ABUSE PROGRAM
DATE: September 4, 1992
At the September 1, 1992 workshop meeting, t4e Commission reviewed a
request from the Palm Beach County Sheriff's Office which asked that
the City show support for the continuation of the Palm Beach County
Comprehensive Substance Abuse program by submitting a revised letter
to their office. The letter specifically deals with the distribution
of funds in Palm Beach County for the Multi-Agency Narcotics (MAN)
Unit.
Currently, we have two police officers assigned to the MAN Unit.
Under this program, we are reimbursed the salary for one of those
officers.
Recommend approval of the request from the Palm Beach County Sheriff's
Office.
~ 0-0 w/~~~
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'. "..,..\'o~:'" , RICHARD P. WILLE
SHE R IFF ":\~'~";;'''~{' PA~M BEACH COUNTY SHERIFF'S OFFICE
'i.' :, 'f 3228 GUN CLUB ROAD P.O. BOX 24881
~~~ WEST PALM BEACH, FL33406.3001 WEST PALM BEACH, FL 3341&-4681
PALM BEACH COUNTY ((> "'f) (407) 688.3000
,
August 28, 199'2
The Sheriff's Office is again asking your assistance for the
continuation of the Palm Beach County Comprehensive Substance Abuse
Program. We have in our file your compliance letter from this past
May agreeing with the distribution of funds in Palm Beach count~ for
the (MAN) Unit. However, the Bureau of Public Safety Managemen ,
Chief John Lenaerts' office, is requesting a revision to this letter.
Please note that the only change is the addition of the Substance
Abuse Awa,reness Program (SAAP), just below the Multi-Agency Narcotics
(MAN) Unit.
To assist you, a sample letter is attached. Your letter is needed
back in our office no later than September 9 as all ~aperwork must in
Tallahassee by se~tember 15. Please send your compl~ance letter
directly to the a tention of:
Georgette B. Carroll, Director
Bureau of Budget and Planning
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach, Florida 33406-3001
If you have any questions, please contact Lynn Bie1uch at 688-3133.
~y,
. i1J~
Rlchar P. Wille, Sheriff
cc: Vince Bonvento, Deputy County Administrator
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CIVIL
NORTH HEADQUARTERS SOUTH
300 N. Dixie 3188 p.a.A. Blvd. 3228 Gun Club Rd, 3" So. conI'." WEST
365.Z760 828.8000 38840 S.R, 80
365.2761 824."I;M 888.3000 274.107 QOa....y"
***EHI>***
.
,-_ ,_, " r. C:' . ,;. . '_'. H l...' 1'1 ~ r1 . '.,40 I' e ::: ::: -3 f:1 :." ? ,__.28,1992 15: ee P. 2
.
John A. Lenaerts, Chief
Bureau of Public safety Management
Division of Emergenc1 Management
Department of Commun ty Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Dear Mr. Lenaerts:
In compliance with Rule 9G-16.003 (4) (d), the city of
approves the distribution of $699,467 of Fiscal Year 1992 federal
Anti-Drug Abuse funds for the following project within Palm Beach
County:
Subgrantee: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS
project Title: PALM BEACH COUNTY COMPREHENSIVE
SUBSTANCE PROGRAM
Re: MUlti-Agency Narcotics (MAN) Unit
Substance Abuse Awareness Program (SAAP)
Sincerely,
Mayor
-"
--~---- --F------- - -or --
1 . .
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SHERIFF
PALM BEACH COUNTY (407) 688-3000
3el~t'>!1lber 10, 1992
Lt. Richard Senff
BureaLl Commander, OCB
Delray Beach Police Department
:j 0 0 W. Atlantic Avenue
Delray Beach, Florida 33444
D e :.:1 r- Lt. Senff,
~~ 1 . enclosed pages are copies from ~: he 'I. A. \, . l."n it Grant.
lHe
They s ho,..: the budget that '\...;as sllbmitted to :'\nd FI[Jpro\"pd by the
State of Florida.
If there IS anything else I can help yo II :, i t h please call me
at ( 109 ) 688 .J 8 21 .
Sin.cerely,
~~O:-
cc: Capt. Jack ~axwell
Lynn Bieluch
RECEIVED
9/1'1/9::<
CITY CLERK
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CIVIL NORTH HEADQUARTERS SOUTH WEST
300 No. Dixie 3188 P.G.A. Blvd. 3228 Gun Club Rd. 345 So. con,re.. 38840 5.R. 80
355.2780 828-8900 888.3000 274-107 998-1870
355.2781 824-8580 824-8844 471.2000
F 4331
.
F. PROJECT BUDGET SCHEDULE
FEDERAL PROJECT BUDGET CATEGORY
BUDGET CATEGORY SUPPORT MATCH TOTALS
.
1. SALARIES AND BENEFITS $256,104 $173,869 $429,973
-
I
...~
2. CONTRACTUAL SERVICES 0 0 0
3. EXPENSES 0 $ 25,816 $ 25,816
.
4. OPERATING CAPITAL 0 0 0
OUTLAY
.
s. DATA PROCESSING 0 0 0
SERVICES ~_._.--
,. INDIRECT COST 0 0 0
-..-
7. TOTAL PROJECT $256,104 $199,685 $455,789
COSTS
'.
G. PROJECT BUDGET NARRATIVE: THIS SECTION MUST PROVIDE A NARRATIVE
DESCnIPTION OF THE PROJECT BUDGET BY LINE ITEM CATEGORY, DETAILING
THE ITEM AND ANTICIPATED COST. EACH CATEGORY MUST BE SUFFICIENTLY
DETAILED TO SHOW THE COST R~LATIONSHIP TO PROJECT OPERATIONS.
START BELOW AND USE CONTINUATION PAGES AS NECESSARY.
BUDGET CATEGORY FEDERAL LOCAL TOTAL
===========================
1. SALARIES AND BENEFITS I
.>~~
7 Agents - Municipal 202,000 202,000
3 Aients - PBSO 101,070 101,070
1 C vilian Analyst - PBSO 21,564 21,564 .
FICA 15,083 9,382 24,465
S.R. Retirement 23,212 27, 117 50,329
Reg. Retirement .0 3,664 3,664
Health 14, 827 10,000 24,827
Life 800 441 1,241
Disability 182 631 813
Total Salaries and Benefits 256,104 173,869 429,973,
2. CONTRAC'1'UAL SERVICES 0 0 0
.::~::-l.
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3. EXPENSES
Uniforms (10 iackets, 10 caps,
30 ee shirts) 0 680 680
Office Equipment
1 new desk 0 470 470
1 new chair 0 130 130
11 sets of office supplies 0 1,100 1,100
10 pagers, rental $60/year/pager . 600 600
1 year sUP1ly of gasolIne for
10 vehie: es 0 22,836 22,836
Total 'Expenses 0 25,816 25,816
4. OPERATING CAPITAL OUTLAY 0 0 0
5. DATA PROCESSING 0 0 0
6. INDIRECT COSTS 0 0 0
7. TOTAL PROJECT COSTS 256,104 199,685 455,789
PERCENTAGE SHARE 56.19' 43.81'
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PROJECT BUDGET NARRA~IVE - PAGE 2
SALARIES AND BENEFITS: .
The MAN unit Task Force enhancement will be staffed by.
the ten officers who will be continued from the existing
(90-91) grant. The make-up of the continued grant officers
will remain the same as in the existing grant. Seven of the
offie:ers will be selected from the participating municipali-
ties and the remaining three will be selected from the Palm
Beach county Sheriff's Office. It should be noted that in
the existing grant, four of the ten agents chosen, or 40
percent of the grant officers, are from minority representa-
tion. We will attempt to pursue the same standard under the
new grant proposal. In addition, one new civilian analyst
will be employed to collect and collate statistics for the
grant records process. This position is currently being
filled by an agent on limited duty. He is currently under
rehabilitation and will be returnIng to full duty shortly.
The new analyst position, to be chosen from the Sheriff's
Office personnel pool, is therefore needed to fulfill the
record keeping mandated by the performance objectives in
..:\'~~ section D of this grant request. statistical data needed to
comply with the grant requ~rements necessitates the tracking
of every arrest made and then the :tinal disppsition o:t the
court case must be further classified. This process takes
many hours manually searching through files and accessing
computer records.
Salaries:
The grant request is based upon the cu~rent salaries
plus' three percent anticipated cost of living increase.
The grant request for analyst will be, based on the
Sheriff'S Office existing pay grade 113 at $21,564.00.
--
FICA:
Social security contribution is based upon 7.65 percent
of the base pay rate.
Retirement:
Retirement contribution' is based upon Florida State
Retirement rates of 26.00 percent through December 31, 1991
and 2~.83~rcent from January 1, 1992 through September 30,
1992, of t e~ase pay rate. Note that city contrIbution may
differ :trom officer to officer. Exact expenditures will be
reported through payroll registers from each participant.
Retirement contribution :tor the civilian analyst is
based upon 16.99 percent of the base pay rate.
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PROJECT BUDGET NARRA'l'IVE - PAGE 3
Disability: . .
Disability rate contribution is based upon current rate -
of .5 percent of the base pay. Note that city contribution
~.~~~ mal dif:ter from to officer to o~ficer. Exact ex~nditures
wi 1 be reported through payroll register :trom eac partici-
pant.
Health:
Health contribution is based upon an avera~e between
current family and single coverage. The range ~s $125.00
per month for single and $266.00 per mont for family
coverage.. Exact expenditures will be reported through
payroll register for each participant.
Life:
Life insurance contribution is based upon .36 percent
~M." of the base pay rate. Note that city contribution may
..~ differ from officer to officer. Exact expenditures will be
reported through payroll regis,ters :trom each participant.
The ~rant request :tor :tunding :tor the sta:tf positions
is equal 0 59.56 percent, with t e local funding provided
by Sheri:tf's O:tfice Law Enforcement Trust Fund of 40.44
percent, :tor a total request o:t $429,973.00.
CONTRACTUAL SERVICES
.
NO'l' APPLICABLE - NO REQUEST
EXPENSES
The grant request includes only those directly related
expenses necessary for each participant to function as a law
enforcement officer with the MAN UnIt Task Force.
Uniforms:
Each officer will require one raid hat and one raid
jacket, alon1 with three tee shirts which readily identify
the unit dur ng the arrest and search warrant process. An
estimated cost o:t $7.00 per hat, $25.00 per jacket and
$12.00 per tee shirt has been computed, at a total cost of
$68.00 t::r officer. 'l'his cost is - totally fundecf"- througlt--'---- -
local s are match.,
Office Equipment:
Each officer is to be provided with minimal require-
ments to handle administrative paperwork and prosecution
processing.
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PROJECT BUDGET NARRATIVE - PAGE 4
The new analyst will require one new desk and one new
chair. 'l'he cost is estimated at $600.00 which will be
provided through the local share match. -
:-;~~ Office Supplies: I
General office supplies will be provided throu~h local
share match and is figured at $100.00 per off~cer and
$100.00 for the new analyst.
Also needed will be the cost o:t gasoline to fund the
ten officers' ve~icles for the grant year 91-92. 'l'his
figure is computed on an average of 173 gallons per vehicle
per month, at $1.10 per gallon - an estimated cost of
$22,836.00 for the grant year.
Included in this category are ten pagers for the Unit
agents. Cost per pager is $60.00 per year.
'l'otal operating ex~nses are $25,816.00 and will be
provided as part of the ocal share match.
OPERATING CAPITAL OUTLAY
. .
NOT APPLICABLE - NO REQUES'l'
DATA PROCESSING
NOT APPLICABLE - NO REQUES'l' .
INDIRECT COST
~ j NOT APPLICABLE - NO COST
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TOTAL PROJEC'l' COST
The total MAN Unit Task Force funding is $455,789.00.
Federal matchini share is $256,104.00 (56.26') and the local
matching share s $199,685.00 (43.81').
CUrrently (10/01/90 through 03/31/91), $64,727.25 in
grojected earned income has been re~rted and ls eligible to
e used as fart o:t the grant mate required. 'l'hese funds'
are m curreD_t y within the Sheriff's Law Enforce.ent 'l'rust
Fund.
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M E M 0 RAN DUM ~~B~q~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9~ - MEETING OF SEPTEMBER 8, 1992
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/MORlKAMI PARK
WELLFIELD
DATE: SEPTEMBER 4, 1992
This item is before the Commission to approve an inter1oca1 agreement
with Palm Beach County for the development of a we11field at Morikami
Park and to authorize the execution of the agreement.
The agreement provides that the County will grant the City a
ninety-nine (99) year lease to operate and maintain up to twelve (12 )
wells within the boundaries of Morikami Park, along with easements
for connecting well water mains and other appurtenances. The City's
responsibilities include constructing wellheads as specifically
located in the drawings which will be concealed by decorative
structures (subject to architectural approval by the County) ,
landscaping all wellhead sites and revegetating all easements
subsequent to construction. The City agrees to maintain the water
level of existing and proposed scenic lakes in Morikami Park at their
existing design level by interconnection with LWDD Canal E-2 1/2
and/or pumping system as required; however, the County will
interconnect additional scenic lakes at the time of their
construction.
The City agrees to accept the sites "as is," and agrees to hold the
County harmless with respect to any hazardous material or toxic
effects upon human flora or fauna in connection with the extraction
of wellwater from the site, and against any claims, demands, costs or
judgments against the County for any subsurface groundwater
contamination resulting from the normal use of Morikami Park as a
recreational facility. The City shall also contribute $350,000.00
towards the ongoing development of Morikami Park within 60 days from
the date of issuance of a water use permit by South Florida Water
Management District.
Funding for this project will be 1991 Water & Sewer Revenue Bond/
Morikami Wellfield (Acct. #447-5176-536-60.11) , subject to approval
of budget transfer in the amount of $350,000.00 from Interest
Earnings (Acct. #447-0000-361-10.00) .
Recommend approval of the inter local agreement with Palm Beach County
for the development of a wellfield at Morikami Park, authorization to
execute the agreement, and approval of budget transfer in the amount
of $350,000.00 as outlined above.
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: MORIKAMI INTERLOCAL AGREEMENT - DRAFT
DATE: August 31, 1992
Attached for your review and approval is a draft of the
"Interlocal Agreement between Palm Beach County and the City of
Delray Beach".
This item has been scheduled to go on the September 8, 1992
Regular City Commission Meeting.
The funding will be taken from the Interest Earnings account per
Joe Safford upon approval by City Commission. Payment of
$350,000 will not be issued until we receive a permit from the
South Florida Water Management District as stated on page 4
paragraph 5.
The SFWMD permit will not be issued for a minimum of at least six
(6) months per Mr. Tom Tessier of Geraghty & Miller, Inc. That
is a very conservative time frame.
Also attached is the agenda request.
1/!# ~h"~
W1l iam H. Greenwood
WHG: smm
ATTS:
cc: Jeff Kurtz, city Attorney
File: Memos to City Manager
AGENMOR.DOC
.
LAW OFFICES
VANCE & DONEY, P.A.
SUITE 200, BARRISTERS BUILDING -,
1615 FORUM PLACE
WEST PALM BEACH, FLORIDA 33-401
JAMES W. VANCE Telephone
WILLIAM P. DONEY (407) 684-5544
B. DOUGLAS MacGIBBON Facsimile
(407) 684-0833
VIA HAND DELIVERY
September 1, 1992
Hr. Bill Greenwood
Director of Environmental Services
City of Delray Beach
Delray Beach, FL.
Re: Delray Beach Western Wellfield
r10rikami Park
Dear Bill:
Please find enclosed original and one (l) copy of
the proposed Interlocal Agreement between the City of Delray
Beach and Palm Beach County, together with Exhibit 1 wherein
the City would lease a maximum of twelve (12) wellsites for
ninety-nine (99) years for the sum of three hundred fifty
thousand dollars ($3513,131313.1313) , together with an agreement by
the City to maintain the water level of the existing and
proposed scenic lakes located in !1orikami Park at their
design leve l.
I would suggest that a copy of the Agreement,
together with attached Exhibit 1 be furnished to the City
Attorney's office at your earliest convenience for their
review and comment. If I can furnish any additional
information or material, please do not hesitate to contact
me.
Sincerely,
fih ~ y-~
J. W. VANCE, Esquire
JWVjsjw
enc.
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INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND
CITY OF DELRAY BEACH, FLORIDA
THIS AGREEMENT entered into this day of
, 19 -' between the COUNTY OF PALI.1 BEACH, a
political subdivision of the State of Florida, hereinafter
referred to as COUUTY, and the CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation, hereinafter referred to as
CITY.
The authority for this Agreement is Chapter 163,
Florida Statutes, being a joint exercise of power pursuant to
law in a contract or form of an Interlocal Agreement, as well
as other applicable provisions of law.
W I T N E S S E T H:
WHEREAS, COUNTY owns and operates a large regional
park (rlorikami Park) lying to the west of CITY; and
WHEREAS, CITY has determined, pursuant to
engineering studies, that CITY should acquire a western
wellfield for eventual development to provide potable water
for the areas served by CITY; and
WHEREAS, the joint use of facilities by two (2 )
governmental entities typically provides benefits for both
parties provided the proposed use is compatible; and
WHEREAS, CITY in cooperation with COUWfY and South
.
-,
Florida Water i1anagement District and Lake Worth Drainage
District, has performed extensive engineering and
hydrological testing to determine whether or not the location
of a wellfield in ~lorikami Park would be compatible with the
existing COUNTY use; and
WHEREAS, the results of the engineering and
hydrological testing conducted by CITY have been provided to
COUNTY, and indicates that joint use as a park and wellfield
location is compatible, providing that certain mitigating
actions are performed by CITY; and
WHEREAS, CITY will provide such mitigation as is
more specifically outlined in the body of this Agreement, and
will, in addition, assist monetarily in the development of
Morikami Park.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS
HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS:
l. COUNTY agrees to provide CITY with a ninety-
nine (99) year lease to operate and maintain up to twelve
(12) wells within the boundaries of Morikami Park along with
easements for connecting wellwater mains and other
appurtenances as more particularly described in Exhibit 1
attached hereby and by reference made a part hereof. In
addition, COUNTY agrees to provide CITY with a blanket
ingress/egress easement necessary for the operation and
maintenance of the wellfield. CITY, in the course of normal
operation and maintenance of the wellfield, agrees to limit
2
.
its access to the wellfield to suitable routes so designated
by COUNTY in order not to unnecessarily disrupt operation of
COUNTY's facility.
2 . CI'rY agrees that all wellheads constructed in
Horikami Park will be specifically located as shown in
attached Exhibit 1 and will be concealed by decorative
structures subject to architectural approval by COUN'I'Y.
Upon mutual agreement by the parties, the wellsites or
easements are subject to relocation at any time prior to
construction of individual wells. CITY agrees to landscape
all wellhead sites and to revegetate all easements subsequent
to construction of wells and pipelines within easement areas.
3 . CITY.agrees to maintain the water level of
existing and proposed scenic lakes in rtorikami Park at their
existing design level by interconnection with the Lake Worth
Drainage District Canal E-2 1/2 and/or pumping system as
required; provided, however, that COUNTY will interconnect
additional scenic lakes at the time of their construction. In
the event of a long term reduction in the water level of Lake
Worth Drainage District Canal E-2 1/2 below 12.5 feet above
sea level, the parties will mutually cooperate in a program
to maintain esthetic water levels of said decorative lake.
COUNTY grants CITY reasonable access and locations to
install, operate and maintain monitoring wells at such
locations as are reasonably deemed necessary by CITY and any
other governmental agencies having jurisdiction with respect
to such matter in relation to monitoring the groundwater
levels and levels of said scenic lakes. Such monitoring
3
.
.-.
stations are not to be placed in any location which would
unreasonably interfere with the use and enjoyment of the park
facility. CITY agrees to accept the sites lias is, II and
further agrees to hold COUNTY harmless with respect to any
hazardous material or any activity which could have produced
hazardous materials or toxic effects upon human flora or
fauna in connection with the extraction of wellwater from the
site by CITY.
4 . C I 'fY shall indemnify and hold harmless COUNTY
from all liability, loss and damages COUNTY may suffer as a
result of claims, demands, costs, or judgments against COUNTY
for any subsurface groundwater contamination resulting from
the normal use of Morikami Park as a recreational facility.
5. C I 'l'Y shall contribute the sum of three hundred
fifty thousand dollars ($350,000.00) towards the ongoing
development of tior ikami Park within sixty (60) days from the
date of the issuance of a water use permit for the above-
described water wells by the South Florida ~vater tianagemen t
District.
6. This Agreement shall be executed in two ( 2 )
copies, each of which shall be deemed an original and shall
be effective upon execution by both parties. The parties
shall provide a copy of the Resolution or evidence of other
actions authorizing the execution of this Agreement, which
Resolution or other document shall be attached hereto as
Exhibits and made a part hereof.
4
.
.
IN WITNESS WHEREOF, the parties hereto have made
and executed this Agreement on the day and year first above
written.
BOARD OF COUNTY C01mISSIONERS
OF PALM BEACH COUNTY, FLORIDA
(Seal)
By:
Attest: Clerk Chair
Date:
CITY OF DELRAY BEACH, FLORIDA
(Seal)
By:
Attest: City Clerk tlayor
Date:
5
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtt1
SUBJECT: AGENDA ITEM # 9 F - MEETING OF SEPTEMBER 8. 1992
AMENDMENT NO. 1/SERVICE AUTHORIZATION NO. 8/CH2M HILL
DATE: September 4, 1992
This item is before you to approve an amendment to Service
Authorization No. 8, for the contract with CH2M Hill, in the amount of
$10,706 for engineering services necessary to abandon Production Well
Nos. 4 and 7 and design of Production Well No. 4A.
The scope of service for this amendment includes preparation of
contract documents, bidding and construction services.
Additionally, along with this service authorization, staff is
requesting authorization to transfer funds from the Renewal and
Replacement Reserve (Account No. 442-5178-536-90.41) to Renewal and
Replacement Wellfield Rehabilitation Replacement and Upgrade (Account
No. 442-5178-536-61.82).
Recommend approval of request to transfer funds from the Renewal and
Replacement Reserve (Account No. 442-5178-536-90.41) to Renewal and
Replacement Wellfield Rehabilitation Replacement and Upgrade (Account
No. 442-5178-536-61.82); and approval of Amendment No. 1 to Service
Authorization No. 8 in the amount of $10,706 with funding from Renewal
and Replacement Upgrade (Account No. 442-5178-536-61.82).
.
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. ~ - - ~ - ~ - .':"..:.'~ ....:.'.'..'. '...:':'..( ~.._- - - .. -. ,-.. . -.. .. . '. -
City of Delray Beach
Consulting Service Authorization Amendment
DATE: , 1992
AMENDMENT I TO SERVICE AUTHORIZATION NO.8 FOR
CONSULTING SERVICES
-
CITY P_O. NO. CITY EXPENSE CODE
PROJECT NO. ~ (CITY OF DELRAY BEACH) SEF30787.FO (CH2M HILL)
TITLE: Well Field Redevelopment and Rehabilitation and Monitor Well Installation
I. Project Description
The City requires additional services regarding the abandonment and replacement of City
Production Well No.7 (PW-7).
II. Scope of Services
Amend Task 3 - Preparation of Contract Documents and Services During Bidding, to
include:
1. Prepare a letter to the South Florida Water Management District (SFWMD)
!'cga1'din.~ the proposed abAndonI1\t.11t 6f City 1J1uJU....UUII wt:ll:s PW-4 amI PW-7, -
and replacement with a new well location next to former PW-4.
2. Th~ n~w facUity shall consist of ahoveground vtllving, and metering, vertical -
turbine pump, and all below-grade piping necessary to tie into the existing raw
water collection main. Also, 3. new instrumentation and control panel and
eleGtrical service for the pump shall be specified, and will be tied into the existing
RW System. An allowance for the electrical service to be provided by FP&L will
be specified.
3. Delivp.rnhJe.s shall consist of approximately two full size (22.inch x 34-inch) -
drawings. A pplicable specifications shall be included on the drawings. Level of
detail shall be consistent with that which is required to enable the contractor to
construct the wen. The design shall include well construction, mechanical, elec-
trical, instnlmentation and control. and structural elements.
lOOt HC2.r>F8 1
.
- ::........ '.,'::.:.,..\. .:-...-- .. .~: ~ "'t '. _ '1'.. "'.... .. '...
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4. Review an additional set of shop drawings, diagrams, illustrations, catalog data,
schedules and samples. the results of tests and inspections. and other data which
the Contractors are required to submit.
Amend Task 4-Services During Construction, to include:
l. I'l'OV.i-:t~ f1AJ.'t-~IIJ\., ;1I~~livu uudu~ ~UU;)Lt u\,;Liuu uf LIlt: wt:ll i.u rt:vlcw ~untr~ctor's -
progress with the specified work.
2. Review, recommend modifications as appropriate, and submit to the City for
payment the monthly payment requests.
3. Conduct an additional substantial completion review of the construction, and
observe start-up testing and operation.
III. As.gum ptiftft! -
1. City will provide flow and head requirements, and specifications for the new -
Tl1lmp No analy~i~ of the exiwting raw witer gyatom will b, conducted. -
2. No change in electrical service voltage or capacity is anticipated.
3. Permitting of a replacement production well will only require a construction
permit, and will be performed by the Contractor.
4. The proposed procedure for obtaining approval from the SFWMD for replacement
of the production well PW - 7 is based on telephone conversation with
Mr. Walter Ward of the SFWMD.
IV. Budget Estimate of Services
Compensation for profe~!\ional commlting servic.es as specified in Task 3, Service
Authorization NO.8 shall be modified as follows:
Task 3-Preparation of Contract Documents and Services During Bidding: Add $6,957
Compensation for professional consulting services as specified in Task 4, Service
Authorization No. 8 shall be modified as follows:
Task 4-Services During Construction: add $3,748
l00114C2.0FB . 2
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., - -,,oj 1 -, ',1! ~pnM rp:'M HIll 11'-, I 4 C "' ,', l :' 1'1 ''I " 1'1 P 1-""'4
;, '" -',' - - / 1" II r I" ~ I,~. !' I I ~ -t ..' ! !.' (I",' ~ '.' 1,.1
.' - \,.) ~ ... __ ;.. I .. .. .. .. .'... .. ...l..._ .....
V. Completion Date
Add 6 weeks to the schedule specified in Service Authorization 8 for items not yet
completed.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of ,19_ By:
Gregory T. McIntyre, P. E.
Vice President and
Regional Manager
CITY OF DELRAY BEACH. BEFORE MEt the foregoing instrument,
l.hi8 _ dd; of , 19 _, was
a municipal corporation of the State of acknowle ~ed by Gregory T. McIntyre,
Florida Vice Presi ent and Regional Man~er, a
dU1b authorized officer of CH2M ILL
By: SO WEAST, INC., on behalf of the
Corporation and said person executed the
Thomas E. Lyncht Mayor same freely and voluntarily for the
purpose therein expressed.
ATTEST: A TIEST:
By: WITNESS m~ hand and seal in the
City Clerk County and tate aforesaid this _ day of
_._,_ . 19_.
APPROVED AS TO FORM: Notary Public
State of Florida
By: My Commission Expires:
City Attorney (Seal)
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CI12M HILL I'ROn:CT COST BSTn"SATE -
-
CLIENT: CITY OF DEL.RAY BEACH
PROJECT NAME; WloL.L.FIEL.D ReoeVElOPMENT AND I=lEHABILliATlON AND MONITOI=l WELl.INSTAL.LATION
PROJECT NUMBER: AMENDMENT NO.1 TO seRVice AUTHORIZATION a
L"'60Fl COtH Pel' AIL.
. .: .:
T ASt( 3 TASK"
RAW CONTRACT 3EAVICE8
HOURL.Y DOCUMENTS AND DURINa TOTAL DIRECT MUL'l'1
CATEGORV (NAME) RATE BIDDING CONSTRUOT HOURS LASOA LASOR
8 VP/SENIOR CONSUL T .4NT $33.30 0 $0 $0
7 seNIOR MGR/SENIOR CONSULTANT $33,30 0 $0 $0
e PAOGAAM. DEPT, OR OIV MGR/l'FGH nONt:llll T $::1.1 1(1 ~ 1 () 0100 :11$00 -
5 SENIOR PROJECT MGR/TECH CONSULT $32.80 2 2 $65 $liO
4 PROJECT MGRISFl PROJEct PROFESSIONAL $28,10 ,e 8 24 $1114 $2,023
3 SA, PROJECT PROFeSSIoNAL $28.00 0 0 to $0
2 PROJECT PRO~ESSIONAl. II 52' .55 24 32 50 $' ,a07 $3.820
1 PROJECT PROFESSIONAL. I $18.75 0 $0 SO
5 LEAD ieCHNICIAN/SUPERVISOR II 522.&0 0 $0 $n
4 SENIOR TECHNICIAN 518,95 1. 4 20 $91; tt.'~"
3 r.FRTIFIFn TFCiHNIr.IaN $17.7i II $0 ,,~ -
2 'l'eCHNICIAN $14.55 0 $0 $0
1 JUNIOR TECHNICIAN $12.75 38 36 $459 $, ,377
o TECHNICAL AIDE $1120 0 $0 $0
OFFICE SUPPORT $11,50 8 8 le $184 $552
'04 53 167 I
I $1,963 $',118 $~,Oe8 $9.205 ,
OIFle:CT COST DeTAil.
ACTUAL MUlTI
ITEM OSSCRI~TION T 4GK 1 TASK 4 DIRECT OIAeC"f
COMPurER/AUTOCADD $800 $'00 $000 $iOO
, ~FlINTlNG, REPROeFlAF'Hloe. AND GRAPHIOS :$100 $50 $150 $150
i WORD PROOESSING $50 $50 $100 S100
I SURVEYING SO $0
SOILS $0 ~o
AIR FARE $0 $0
AUTO MILEAGE 50 $0
TELEPHONE $SO $&0 $100 $100
POSTAGE/FREIGHT $SO $50 $100 S100
SUPPLIES $50 $1oe $150 $150
$1,100 $400 $' ,SOO 51,500
I ., ,., ..... .." $3,053: . $10'70SI
I TOTAl-LABOR AND DIRECT SERVIOES :$1,5'8 . $4.568
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9(; - MEETING OF SEPTEMBER 8. 1992
CHANGE ORDER NO. l/MEREDITH CORPORATION
DATE: September 4, 1992
This is a change order to the contract with Meredith Corporation in
the amount of $75,368 and which extends the contract completion date
by 30 days, for construction services to abandon Well No. 7, located
at the Municipal Tennis Center and construct a replacement well at
N.W. 3rd Street and N.W. 2nd Avenue. This change order also upgrades
the flowmeters at the 20-Series wellfield from 304 stainless steel to
316 stainless steel.
Abandoning Well No. 7 will eliminate conflicts with the Tennis Center.
The change in stainless steel material will minimize long term
maintenance costs on flow meters and alleviate problems with
corrosion. Funding is available in Renewal and Replacement - Well
Rehabilitation Replacement and Upgrade (Account No.
442-5178-536-61.82).
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~ CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 90-55 DATE: AUQust 26. 1992
PROJECT TITLE: Well Field Rehabilitation. Abandonment. Flowmeter and Monitor Well Installation
TO CONTRACTOR: Meridith Corooration
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY. SUBJECT TO ALL
CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Please furnish and install one III replacement water supply well as outlined in the attachad bid schedule. Also.
furnish and install six (6) f10wmetars on the City's 20-Saries Well Field constructed of 316 stainlass steel. as opposed to 304 stainless
steel originally specified by the City.
Daduct costs associated with rehabilitating water supply well PW-7 lTask III of GENERAL REQUIREMENTS) and instead abandon the
well in accordance with unit pricas spacified in Task IV of the GENERAL REQUIREMENTS. A summary of the change in contrect
amount is provided below with a mora datailad braakdown of tha deducts and additional costs attached. Abandonment of PW-7 will
be completed by September 25, 1992.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $198,383
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $0
COST OF CONSTRUCTION CHANGES THIS ORDER $75,368
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE $273,751
PERCENT INCREASE/DECREASE THIS CHANGE ORDER 38%
TOT AL PERCENT INCREASE/DECREASE TO DATE 38%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 30 CALENDAR DAYS TO Januarv 22,
1993
CERTIFYING STATEMENT: I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the prices Quoted are fair and reasonable and in
proper ratio to the cost of the original work contracted for under benefit
competitive bidding.
CONTRACTOR SIGNA TURE CONSULTING ARCHITECT OR
ENGINEER
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
442-5178-536-61.82
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FL
By its City Commission
RECOMMENDED: By:
PROJECT MANAGER MA YOR
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CITY OF DELRAY BEACH
WELL FIELD REHABILITATION, ABANDONMENT, FLOWMETER AND
MONITOR WELL INSTALLATION
PROJECT NO.90-55
SUMMARY OF ESTIMATED CONTRACTOR CHANGE ORDER COSTS
ITEM NO. ITEM DESCRIPTION ITEM COST CONTRACT
COST
0 original contract amount $198,383 $198,383
1 Change vertical flowmeters $2,988 $201,371
on 20-Series Well Field from
304 stainless steel to 316
stainless steel
2 Delete rehabilitation of PW7 ($6,350) $195,021
J Add abandonment of PW7 $2,750 $197,771
4 Add replacement of PW4 with $75,980 $273,751
a new well, pump, motor,
piping, valves and other
appurtenances (includes
allowance for electrical,
instrumentation and control
panel and FPL).
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MERIDITH CORPORATION 40729S2646 P.02
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MERIDITH CORPORATION ; I
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WATER SUPPLY CONTRACTORS , !
MUHIOIAL .INDUS111AL WELl DIUWNG' , I
TUUINI!. SUIMMSII&I tuIM DISTRJIU10U ;, I
~
2911 W. WASHINGTON ~
OaANoo. R.OIID~ 32IQ5
- .tQ7/295-2641
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ACL.gu.-o..t. 26, 1992
CH2M tU..U
iOO F~v~~ O~v~
S~4. 350
O~~~~ a~~, FL 33441
ATTENTION: T.un .s~p
,
RE: V~ FLoW Muu. . I
Addu. P-'IA.ce. ~ 04 c.ha.n.g.ua.g 'J&,om
304 Su..u..tQ.4.6 *'0 316 S.tQ...l.n..te.-u C OM.t.w..~On.
D Q4.I&. T.un,
H 0 pQ.. .t.h.A..4 me.c..t.6 W 01.Vl. Jt,e..qu...iA.eme..n.t..6 -4 a.n.y ,~ W o..IUJIa..U.on. .u.
-1.e.qu..Vr.e4 t p!.e.Q..u.. c.a..U .
Aad~ ~O~ VF S!-CC 3" SS
F tOIAl Me..t~ .(..n. .tQ.LI.. 0" , 0 .. .$ S
6 FtolAl Me..t~ a.t. $ 4 98. 00 e.a.eh. . . . . . . $1,988.0D
. , ')
.'
V~y ~y UO~.
/~~
8 u..t.cJa.. M
P.S.
We h.a,.U& a..L4o be.e.n. cwke.ct .to 4u.n..n.L4h.. c..o-4..t.. a.n4 ~va..U.4.ouu./I 04
QJ1. a" c fLeck V a..t v e. , 0",.. (1) MUALt4JC. t" L e.v IA uuJ. WUg h..t F.ta.n.,..
cuc.h. va.t.ue. US.f.b f:.t.a.n..ge.,.tM. Lwnp Sum U $992. 00:.... - ~w-'1 .
-
ThAA I1UVe. ~ a.va..U4..b.tt. .tn. OJl..ta.n.do.
I .
. 407~952646 .,---- '08-':'-26:'9:2'11: 4'7'AM ..- ....... ,....
PD~? iiil
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REQUEST FOR QUOTATION NO. 2
DRILL AND CONSTRUCT REPLACEMENT WATER SUPPLY WELL
CITY OF DELRAY BEACH
UNIT PRICE BID SCHEDULE (1)
NO BID ITEM DESCRIPTION NUMBER UNIT UNIT TOTAL
OF PRICE PRICE
UNITS
1 Mobilization and 1 LS $6,000
Demobilization
2 Drill 4-in diameter 160 Feet $15 $2,400
pilot hole
3 Ream 24-in diameter 100 Feet $27 $2,700
borehole
4 Furnish and install 18- 100 Feet $58 $5,800
inch diameter mild
carbon steel surface
casing (1/2-inch wall
thickness)
5 Drill 18-inch borehole 50 Feet $23 $1,150
6 Furnish and install 12- 110 Feet $27 $2,970
inch diameter mild
carbon steel well casing
7 Furnish and install 12- 50 Feet $95 $4,750
inch diameter stainless
steel, continuous wire-
wrapped well screen
(slot size to be
determined following
grain-size analysis)
8 Furnish and install 250 Cubic $8 $2,000
gravel-pack material feet
(size to be determined
following grain-size
analysis)
9 Develop well using air- 72 Hours $125 $9,000
lift methods
10 Set up and conduct 16 Hours $250 $4,000
pumping test
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11 Furnish and install 1 LS $12,710
approximately 500 gpm,
a-inch diameter vertical
turbine pump, GO-feet
setting, and 25-HP motor
(to be sized final
following pumping test)
12 Furnish and install 1 LS $3,500
appropriate check and
air-release valves and
other associated piping
and appurtenances
14 Disinfect well and 1 LS $1,500
piping, conduct startup
testing, make final
adjustments, and place
well into service
13 Allowance to furnish and $15,000
install above-ground
instrumentation and
control panel (including
RTUs)
15 Allowance for FPL $2,500
electrical connection
Total $75,980
( 1) The number of units may be less following final design or
because of changes in field conditions, but unit costs will remain
the same.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ff1
SUBJECT: AGENDA ITEM # 9H - MEETING OF SEPTEMBER 8. 1992
CHANGE ORDER NO. 7/ELKINS CONSTRUCTORS, INC.
DATE: September 4, 1992
This item is before you to approve a change order in the amount of
$31,500 to the contract with Elkins Constructors, Inc. to incorporate
all the signals for remote facilities into the panel board and
computer system. The proposed instrumentation and control system is
designed to automatically operate and control the entire Water
Treatment Plant system and associated water wells and storage
facilities. The extra work was anticipated and was included in the
contingency for this project.
Recommend approval of Change Order No. 7 to the contract with Elkins
Constructors, Inc. in the amount of $31,500 with funding from 1991
Water and Sewer Revenue Bond Capital Outlay - Buildings (Account No.
447-5164-536-60.31).
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: PROPOSED CHANGE ORDER FOR LIME SOFTENING -
WATER TREATMENT PLANT
DATE: September 3, 1992
Request authorization to implement Change Order No. 7 to Elkins
Constructors, Inc. in the amount of $31,500. Funding will be
from #447-5164-536-60.31.
This extra work was anticipated and was included in the
contingency for this project.
The proposed instrumentation and control system is designed to
automatically operate and control the entire Water Treatment
Plant and associated water wells and storage facilities.
During the last year, we have been converting and rehabilitating
all remote facilities to the DFS telemetry system including the
following:
. Eastern Wellfield
. Owens Baker Repump Station and 1.0 million gallon
storage tank
. South 2.5 million gallon storage tank and Booster
station
The design of the preceding facilities was not completed when the
Water Treatment Plant Project was bid.
This change order is necessary to incorporate all the signals
from remote facilities which have been installed recently into
the panel board and computer system. This will enable the
computer to operate the entire WTP system.
~ Major changes to the automated computer system are as follows:
o Nineteen (19) new input-output points from Owens Baker
Repump station. These signals were initially handled
through telephone lines but were recently converted to
radio frequency. Redundant controls are needed to
provide backup to the radio system.
o six (6) new single pen recorders are needed as a result
of rehabilitation work at the South Reservoir (signals:
N&S transfer flows), Owens Baker (signals: levels,
pumps on and off), Germantown repump station (signals:
flow) and S.W. quadrant including City of Delray Beach
Community Hospital (signals: flow). The recorders will
also give the panel a more professional appearance than
two different types of recorders.
o Twenty (20) new switches to replace the pin matrix
boards.
o Four (4) new totalizers to accompany the recorders.
Total negotiated price: $31,500.
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William H. Greenwood
WHG: smm
ATTS: .
File: Memos to City Manager .
Project No. 91-22
C09122.DOC
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CITY OF DELRA V BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 7 PROJECT NO. BA-22 DATE: SeotembGr 3, 1992
PROJECT TIRE: Water Treatment Plant ImprOV9msnts
TO CONTRACTOR: Elkins Constructors
YOU ARE HEREBY REQUESTED TO MAKE lliE FOLLOWING CHANGES IN THE PLANS AND SPECIFICA TlONS
FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTJ<ACT
STIPULATIONS AND COVENANTS~
JUSnFICATION:
Increase number of single pin recorders from 12 to 18. Add Input/output points In attachments.
Replace all 7 totalizers In control ponol. Add 20 selectol'5 switch/light tor pumps controlled by
matrices. Provide aesthetIc modificatIons to the centrol monitoring panel. Including new face panel.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $3.985.0c0.00
COST OF CONSTRUCTION CHANGES PREYlOUSL Y ORDERED 200.373.70
ADJUSTED CONTRACT AMOUNT PRIOR TO n..lIs CHANGE ORDER 4.185,373.70
COST OF CONSTRUCTION CHANGES THIS ORDER 31 ,500.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 4.216.873.70
PERCENT INCREASE/DECREASE THIS CHANGE ORDER 0.8%
TOTAL PERCENT INCREASE/DECREASE TO DATE 5.8%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT ~ CALENDAR DAYS TO February 9,1993
CERnFYI~G STATEMENT: I nereby certify that the supporting cost data Included Is. In my
considered opinion, accurate; that the prices quoted are fair and
, reasonable and In proper ratio to the cost of the original woO<
contracted for under benefit competitive bidding.
c~
CONTRACTOR SI NG ARCHITE OJ< ENGINEER
(SEAL)
TO BI FILLED OUT BV DEPARTMENT INrrlATING CHANGE ORDER
DEPARTMENT FUNDS BUDGETED cobe CERTIFIED BY
DELRAY BEACH, FL
By Its City Commission
RECOMMENDED: By:
PROJECT MANAGER MAYOR
A TrEST:
APPROVED: By:
CIlY ArrORNEY CITY CLERK
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".' .,
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h(J~~ ( 2 ), 'T' -
A, TYPE=DO....:: I
, ,;.' ::Hlgh Serv:. #1 .St_atu~'>. OFl<~/~\UNNING, KEY=PUHP (e')c, S"H~)
.... '..1iI """,,-.,
'.~" PT 3, "~;t.arter Fa~l #1", NORMAL/FAILED, .JALARH:7FAILED'
tt:~.:PT 4, "Current Trip tfT" ~ NORMAL/FAr LED, ALARt1:: FAI LED
i:,r'PT 5, "Hiflh Serv.' U2 Sta.tue", OfF/RUNNING, KEY=Put1P ( C J 1'N'-J
"'/ -!-'t1.~""C11lF.]f".\ta'1 Vl....r8:rr ft2"'" HORB.A L"'F^J LED ..../1 LA HH FAr L8.... .
". . . ,. I I: 1 t' 1 11 110
;/ PT 7, "Sta.rter Fall U2", NORMAL/FAILED, ALARH=FAILED . .
f.;> PT 8, "Current Trip #2", NORMAL/FA.! LED, ALA.RH=FAILED
~y~nJlIJ:n!J~)j'Jil~;'''{J~f''~ ~."...ttJ""Ct'iit\10"-;"'OFF/nUNNHlG, KEY PUMl-): .
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~ MD B, TYPE=C4
.;( PT., 1, . "HIgh Serv. Pump # 1", OFF/ON c.t:1t 1J'i" ~ J
";::PT:2, "High Servo Pump ttz", OFF/ON Ct:Y'J'T>>"-)
.', ~'F ~1,~~h,'RI)1};1i.S€N'.!nN,"f:",.,a"',c' GFP/mr'''' l'.
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'~.....,{..w~l!}.. -'y'a'l ~~Fai y. ".t" ; , NORt1AL;:V'c1 ~ LED~. t1L.A.~::~.. vAl LED
, ~~.sr...,...1A;)'I....J.L..~r.;;:Fat-l..tf <1'" ~~t10Rt1;1T.~/F,Yr r;ED-:--A [;J\re1":--!l ; l:..ED
':-i'~~.......:.05.~.!~t-TrTi5'''#4'' ;.. :mR!fAl;>'F[\~ LED,~u'A~Aful. -;:;, I UT,
,'PT g, "Nor'mal Power", FAILEP/(lN, ^LAR!'~-:?'AlLE[J (~~tS1'~'H"")
.PT 10, "Generator Power", OFF/ON, ALAR!'J::ON (4:'"~f$'j")"(r-J
/'" PT 11, "Transfer Switch ", FPL/GEN" ALARM=GEN.
jT'12; "Erner. Gene~atcr". NORMAL/FAlLErl, ALARl'1=ii'AILED
IIWJ- C ~ TYPE=C4 . .:: .
~::ilt ....H,ish Se~v.~l?ulnpe", LOCAL/REMOTI;,.-.
; PT,:;2~ ..!'~Altitude.Va'rve':', CLOSED/OPEN . ~"K , $'T'~0
~.l;j z"p~"'r;~g'i'~()eY\t"""''''F^TLED "NOnt1^ L"''''''''' L^m'ilF^ILED ' ,
. ~.. ,..-;'",. . . . ,: . ~ 4. I . I .I .. ~ .. J &.. . ,I ...
: PT .6,. "Intr'uaion" ,OPEN/CLOSED
PT 7" ."Low DischarSe Pres.", NORMAL/FAILED, ALARM=FAILED
PT 8, . "High/Low Res. CL2 ". NORMAIJ/FA I LED, ALARl1=FAI LED
PT 9, ,"Storage Tank. Level", HIGH/NORMAL, ALARM=HIGH C~\Sll"'V-J
PT 10, "Storage Tank Level", NORMAL/LOW, ATJAIlli=LC.lW (J;;"x, s -n .,c-)
PT 11, "Altitude 'Valve", OFF/OPEN C.t"lfl.1 $1'~
PT'12, "Altitude Valve", OFF/CLOSED C~IS'J\"'C...-J.
MD "D, TYPE=C4<"'::'f~'~.:.:". '.' " ',..~::,
. ..PT';5,"FuelLe~k ~'J.~rm"; OFF/ON; :ALARM=ON . ,\..:.~. <.
pr 9, "Chlorine,.;' .Lf;!~' Alarm" " OFF/ON, ALARM=ON. .:. J'\{'" i . " .'
PT 10, !'!H/L C.l1ro:i:"..!c )nj. Vac."., NORMAL/FA I LED, ALARM=F'AIL~~ . -:. ;'~!'f:" .,' .'.
:: I'.). - '~i': 'f'~' :"'''' =~=t~~~: ~'^~:~~~' ~', .~; . ...,.
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,89P:,:~~~f:V!'~1. prfve Suite 350 I \ ~ _ ,'.
D~~:~,~j~~~.d' ,q~Ch. FL 33441 C~\J / ~ e~ I
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,.S'~'(i(l~~t' POl' Quotation No. 22 .
'::, ,E)~kln~,.'~ha.n~e Order Proposal No. 11
',' ,I,"".! '
Dea~ ,Ma:.', C.h'oey:
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. Tp.~:.;.~QY~.t~f~:rfenced RFQ requ~al;~, that Elk.ins prepare a proposal to make
lII;Q4'~,~~~'t~~,~~, to the exisUp.i contr~l room CMP. Based on their understanding
.~f;''',~~~~ '~~;':i>~,f:Delr_y Beach's ,desired result) our instrumentation
,B];l~P,o,~~r.,~9~~F 'tl.~~.. proposed tw~ options for making. the CMP modiUcatio'l'1s. The
.e*<:~O;$e;<<.:,J~~~et' WJ.th attacbIllex;tt8 explains the optlons. The following are tbe
t'~~~r Cir~~,',~:~o~ the two modification options:
; Coat Time Extension
" , '2-1,12-'3
" . O;p.~i~u!,l:. $28J073.00 7 days
:" ov~lqn' 2: $40.~18.00 14 days 311SOtP r\ '11<.:."n..1:O
. !
Pl,ep.Si:n.Qt-e. f:h~t the above total costs include time for an electt1.cian to
',. I,. Ir,," 11,1 I '.
.a.~,~;t~~ '.~~~:~~~Btl'ulnentation su~co'Q.tr$cto'r, indirect job costa associated with
tJi~~,i1,"~q:~J~e~Lt~me elttenSions and, app.ropriate fees. Because this additional
w~r~:ila:t~:!~;r~c't impact on our ability to complete required control design
d,?:~~~lW~,,'~.1~, ~li imperative. that we. receive an executed contra~t change order
.t~::,~~<-ff~~'l!1i:1Wf.t~ thiS additional work by Septe1l1ber i. 1992 (~ee enclosed
l~t.t,\f~'J'.'; ,
I
.S~p~l~ ~~~ \~~v~ any questions conc.~ning this matter, please call me.
I'
sinc~rely ~ : -.-..
~t~l~S ~~~~~RUCTORSt INC. I /. l f'?
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF SEPTEMBER 8, 1992
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: SEPTEMBER 4, 1992
Richard Mouw was recently appointed to the Site Plan Review and
Appearance Board and subsequently resigned from his position on the
Delray Beach Housing Authority. His resignation creates a vacancy for
a term ending July 14, 1994.
Per Florida statute, "No commissioner of an authority may be an officer
or employee of the city for which the authority is created."
Furthermore, at least one member must be a resident of the housing
project. Presently, there is a member/resident on the Housing
Authority. The new appointee need not be a resident of Delray Beach.
Following is a list of individuals who have applied for the position:
Robin Bird Nadine Hart
Richard Brautigan Lawrence A. Hunt
J. Pierre-Paul Cadet Lenard Chris Johnson (currently
Bonnie Cipriani serving on Kids and Cops)
Joel Christopher Richard P. LiCastri
Thomas J. Duggan Rosaline Murray
Herbert F. Freese Sam Schwimer
Jay Slavin
According to Florida Statutes, members are appointed by the Mayor and
ratified by the Commission. However, at the City Commission workshop
of June 5, 1991, a consensus was reached wherein each Commissioner
would, on an informal basis and according to the rotation schedule,
make a recommendation to the Mayor as to Housing Authority appointees.
In this instance, the recommendation is to be made by Vice-Mayor
Alperin (Seat #2), for acceptance by Mayor Lynch.
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to our records, J.
Pierre-Paul Cadet has two nuisance abatements recorded against his
property (see Res. #63-91 in the amount of $152.00 and Res. #86-89 in
the amount of $96.49, attached) . Also, Ms. Cipriani was issued a
violation notice (Case #G231-92), attached. Mr. Duggan was issued a
nuisance abatement (Case #NA-92-6772), attached.
Recommend appointment of a member to the Delray Beach Housing Housing
Authority to fill an unexpired term ending July 14, 1994.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERP?1
SUBJECT: AGENDA ITEM # 9'.:r - MEETING OF SEPTEMBER 8. 1992
REQUEST TO PLACE SIGNS IN CITY'S RIGHT-OF-WAY
DATE: September 4, 1992
We have received a request from the Coast to Coast Cat Fanciers to
place signs in the right-of-way on the north and south ends of Federal
Highway. These signs will be used to advertise the first
inter-American Cat Show being held at the Atlantic High School
Gymnasium on September 26 and 27, 1992.
These signs will be approximately 4 feet square and sturdily
constructed. They will be placed in the right-of-way two weeks prior
to the show, and removed on September 27th.
Section 4.6.7 (D)(3)(j) of the Land Development Regulations regulates
special event signage. In accordance with that section Signs are
allowed one week prior to the event and must be removed by the second
day after the event.
Recommend consideration of a request by Coast to Coast Cat Fanciers to
place signs in the right-of-way two weeks prior to an event being held
September 26 and 27, 1992.
~CW/~
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Memo CITY OF OURAY BEAC~ t3 '
TO: /fle ;z./~ DATE: 9k;f...;2...
FROM: Ro~0~
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RECEiVED
August 30, 1992 SfP 1 1992
Mr. David Hardin, City Manager CITY MANAGER'S OFFICE
City Hall
Delray Beach, Florida
Dear Mr. Hardin,
My name is Karen Bailey. I live in Delray Beach at 3240
Jasmine Drive, and am president of The Coast to Coast Cat
Fanciers, an organization headquartered within Delray Beach
and affiliated with The American Cat Fanciers Association.
This coming September 26th and 27th our club is having its
first inter-American cat show at the Atlantic High School
gymnasium. We expect show-cat entries from many different
states as well as local cats. Several hundred entries are
expected, and many business exhibitors offering products
for cat lovers will be displaying at the show.
We would like to have permission to place two signs in the
Federal Highway median in Delray Beach, one at the north end
of the city and one at the south.
These signs will be approximately 4-feet square. They will
be sturdily constructed and will be professionally painted.
The signs will announce location, dates and times for the
show.
The signs would be placed two weeks prior to the show, and
removed on Sunday evening, August 27th, after the show.
We hope to make this show an annual event in Delray. We
have asked Mayor Lynch to offer a welcoming message at the
show on Saturday morning. Many of our local animal-related
businesses will be participating sponsors of the show.
Hopefully this show will turn into another popular event
that is making Delray Beach the delightful community we are
all working for.
Sincerely,
.
I(CUL-n/ ~
Karen L. Bailey
3240 Jasmine Drive, Delray Beach, Fl. 33483
Phone 272-4224
,
.
MEMORANDUM ~:Y
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ ~lf
SUBJECT :, AGENDA ITEM # 9 t:: - MEETING OF SEPTEMBER 8. 1992
RESOLUTION NO. 92-92
DATE: September 4, 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 ~
~ities.
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 tne 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
to the Commission before Tuesday evenings meeting to replace the
attached draft.
Recommend approval of Resolution No. 92-92.
~ (j-O
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.
.
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 8. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO CORRECT:
E. . ..with funding from 1991 Water and Sewer Revenue Bond Issue
(Account No. 447-51~-536-60.11).
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
L. AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF THE ARMY:
Approve a Local Cooperation Agreement with the Department of the
Army in conjunction with the Beach Renourishment project.
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CITY COMMISSION DOCUMENTATION
TO: /David Harden, City Manager
,/ "
~~~
VIA: i cs, 1rector of Planning and Zoning
FROM: John Walker, Project coordinat~ t{J~
DATE: September 8. 1992
SUBJECT: MEETING OF SEPTEMBER 8,1992
LOCAL COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF
THE ARMY AND THE CITY OF DELRAY BEACH FOR
CONSTRUCTION OF THE BEACH NOURISHMENT PROJECT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of the final draft of the Local Cooperation Agreement (LCA)
between the Department of the Army and the City of Delray
Beach for construction of the Beach Nourishment Project.
BACKGROUND:
Federal funding for the Beach Nourishment Project has been
appropriated by Congress. The LCA is the vehicle by which the
terms of cost sharing by the federal government for the Beach
Nourishment Project are established. This agreement must be
executed prior to commencement of construction for the Beach
Nourishment Project.
The final draft of the LCA was received via Fax on Friday,
September 4, 1992 at 4 PM. This item has been placed on the
agenda as an addendum in order to avoid any delay to the start
of construction.
RECOMMENDED ACTION:
By motion, approve the final draft of the Local Cooperation
Agreement between the Department of the Army and the City of
Delray Beach and authorize the Mayor to execute the agreement on
behalf of the City.
Attachment:
* Draft Local Cooperation Agreement
T:LCA3.DOC
9L
'.
.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: Susan A. Ruby, Assistant City Attorney
FROM: John Walker, Project coordinato~ ~~
DATE: September 8, 1992 ../
SUBJECT: LOCAL COOPERATION AGREEMENT
Attached for your review is the final draft of the Local
Cooperation Agreement with the Army Corps of Engineers. An
earlier draft was the subject of your memo of August 11, 1992
(attached) .
The final draft was received via Fax late Friday afternoon.
This item has been placed on the City Commission agenda as an
addendum for tonight. The reason for the rush is that the LCA
must be executed prior to the execution of the construction
contract for the Beach Nourishment Project.
Please have any comments you may have for the City Commission
meeting tonight or, if possible, let me know prior to the
meeting.
c: David Harden
David Kovacs
T:LCA2.DOC
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COMMAND NAME TaEPHONE AUTHOFlIZEO REl.EASEfI'S
OfFICE SYMBOl NUMSCR SIGNATURE
FROM; USIJc/E ":RLd/\ M.~lllfW ~
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LOCAL COOPERATION AGREEMENT
BETWEEN
THR OEPARTMENT OF THE ARMY
AND
THE CITY OF DELRAY BEACH, FLORIDA
FOR CONSTRUCTION OF THE
DELRAY BEACH SEGMENT
OF THE
PALM BEACH COUNTY, FLORIDA
SHORE PROTECTION PROJECT
THIS AGREEMENT is entered into this day of ,
1992, by and between the DEPARTMENT OF THE ARMY, (hereinafter
referred to as the "Government"), acting by and through the
Assistant Secretary of the Army (Civil Works), and the CITY OF
DELRAY BEACH, FLORIDA (hereinafter referred to as the "Local
Sponsor"), acting by and through its City council.
WITNESSETH THAT:
WHEREAS, construction of the shore protection project for
Palm Beach County, Florida from Martin County line to Lake Worth
Inlet and from South Lake Worth Inlet to Broward County Line
(hereinafter referred to as the "Authorized Project") was
authorized by Section 101 of the River and Harbor Act of October
23, 1962 (Public Law 87-874) in accordance with the
recommendations of the Chief of Engineers as set forth in House
Document No. 164, 87th Congress; and
WHEREAS, construction of the Delray Beach Segment of the
Authorized project was completed in 1973 by Palm Beach County,
Florida as authorized by section 102 of the River and Harbor Act
,.;. of 1962 (Public Law 87-814); and
,
~ WHEREAS, Section 156 of Public Law 94-587, as amended by
section 934 of Public Law 99-662, authorizes the Government to
extend participation in shore protection projects for a period
not to exceed fifty years from the date of initial construction;
and
WHEREAS, the Local Sponsor desires to enter into this
Agreement providing for extended Government participation in the
Delray Beach Segment of the Authorized Project from 15 years to
50 years; and
WHEREAS, on March 1, 1991 the Assistant Secretary of the
Army (Civil Works) authorized the extension of Government
participation in the Delray Beach Segment of the Authorized
Project (hereinafter referred to as the "project") from 15 years
to 50 years in accordance with Section 934 of Public Law 99-662;
Page 1
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and
WHEREAS, the Project is generally described in the General
Design Memorandum entitled "Palm Beach County, Florida, From
Martin County Line to Lake Worth Inlet and From South Lake Worth
Inlet to Broward county Line, General Design Memorandum Addendum
for Third Periodic Nourishment at Delray Beach, with
Environmental Assessment" (hereinafter referred to as the "GDMlt),
approved by the Assistant secretary of the Army {Civil Works} on
; and
WHEREAS, section 103(c)(5) of the Water Resources
Development Act of 1986, PUblic Law 99-662, as amended, specifies
the cost-sharing requirements applicable to construction of the
Project; and
WHEREAS, Section 221 of the Flood Control Act of 1970,
PUblic Law 91-611, as amended, provides that the construction of
any water resources project shall not be commenced until the non-
federal interest has entered into a written agreement to furnish
its required cooperation for the Project; and
WHEREAS, the Local Sponsor has the authority and capability
to furnish the cooperation hereinafter set forth and is willing
to participate in cost-sharing and financing in accordance with
the terms of this Agreement;
NOW THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement:
a. The term "Project" shall mean the periodic beach
nourishment of the Delray. Beach segment of the Authorized project
to maintain a general width of 100 feet with a berm elevation of
plus 9.0 feet NGVD for the 2.65 miles of beach that lies within r-
the corporate limts of the City of Delray Beach.
b. The term "total project costs" shall mean all costs
incurred by the Local Sponsor and the Government directly related
to construction of the Project. Such costs shall include, but
not necessarily be limited to, continuing planning and
engineering costs incurred after October 1, 1985; costs of
applicable engineering and design; costs of environmental
investigations for hazardous substances; costs of periodic
nourishment; surveillance costs incurred after the date of
execution of this Agreement; supervision and administration
costs; costs of contract disputes settlements or awards; and the
value of lands, easements, rights-of-way, utility and facility
alterations or relocations, and dredged material disposal areas
provided for the Project by the Local Sponsor, but shall not
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include any costs for betterments, operation, repair,
maintenance, replacement, or rehabilitation.
c. The term "surveillancell shall mean monitoring of the
beach to determine when future nourishment must be accomplished
to maintain the project. Surveillance includes performing beach
profile surveys, aerial photography, sediment sampling,
hydrographic surveys, tidal data, environmental data, analysis
and preparation of a report, if needed, as generally described in
the GDM.
d. The term "periodic nourishment" shall mean the placement
of suitable beachfill material along the Project beach during the
authorized periodic nourishment period. Periodic nourishment
will be based on an average annual placement of approximately
100,000 cubic yards as generally described in the Reevaluation
study, Delray Beach Segment, dated May 1990 and approved March 1,
1991, unless the Government, in cooperation with the Local
Sponsor, determines that such periodic nourishment is either not
technically necessary or economically justified at that time.
e. The term "authorized periodic nourishment periodll shall
mean the extended 35 year period of Federal participation in the
Project.
f. The term "Contracting Officer" shall mean the District
Engineer for the Jacksonville District, U.S. Army Corps of
Engineers, or his designee.
g. The term "highway" shall mean any highway, thoroughfare,
roadway, street, or other public road or way.
h. The term "relocations" shall mean the preparation of
plans and specifications for, and the accomplishment of all
alterations, rnodificatiQns, lowering or raising in place, and/or
new construction related to, but not limited to, existing:
railroads, highways, bridges, railroad bridges and approaches
thereto, pipelines, public utilities (such as municipal water and r-
sanitary sewer lines, telephone lines, and storm drains), aerial
utilities, cemeteries, and other public facilities, structures,
and improvements determined by the Government to be necessary for
the construction, operation, maintenance, repair, replacement,
and rehabilitation of the Project.
i. The term llfiscal year" shall mean one fiscal year of the
United States Government, unless otherwise specifically
indicated. The Government fiscal year begins October 1st and
ends on September 30th.
j. The term "involuntary acquisitionll shall nean the
acquisition of lands, easements, and rightS-Of-way by eminent
domain.
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k. The term "functional portion of the Project" shall mean
a completed portion of the project as determined by the
contracting Officer, in writing, to be suitable for operation and
maintenance by the Local Sponsor. In making this determination,
the contracting Officer must conclude that the completed portion
of the project can function independently and for a useful
purpose although the balance of the project may be incomplete.
l. The term "betterments" shall mean construction of any
additional features desired by the Local Sponsor which are not
authorized as part of the Federal project. The construction cost
of such items and their operation, maintenance, repair,
replacement, and rehabilitation costs shall not be considered a
cost of the Project and shall be borne entirely by the Local
Sponsor.
Article II - OBLIGATIONS OF THE PARTIES
a. The Local Sponsor shall perform all Project work
pursuant to engineering and design plans which have received
prior Government approval. The Local Sponsor shall submit the
solicitation package to the Government for review and comment
prior to the award of any contract.
b. The Local Sponsor shall provide, as further specified in
Article III of this Agreement, all lands, easements, and rights-
of-way, including suitable borrow and dredged material disposal
areas, and perform all relocations as determined by the
Government to be necessary for the Project.
c. The Local Sponsor shall perform all Project
surveillance.
d. The Local Sponsor shall assure continued conditions of
public ownership and pU01ic use of the shore upon which the
amount of Federal participation is based during the economic life
of the project.
,...
e. The Local Sponsor shall provide and maintain necessary
access roads, parking areas and other pUblic use facilities, open
and available to all on equal terms.
f. The Local Sponsor shall participate in and comply with
applicable Federal flood plain management and flood insurance
programs.
g. The Local Sponsor shall publicize floodp~ain information
in the area concerned and shall provide this information to
zoning and other regulatory agencies for their guidance and
leadership in preventing unwise future development in the flood,
plain and in adopting such regulations as may be necessary to
prevent unwise future development and to ensure compatibility
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with protection levels provided by the Project.
h. The Local Sponsor shall bear all costs incurred for the
establishment of an erosion control line in the project area and
all costs for placement of material on property not open to the
public. All lands, easements, rights-of-way, relocations, and
dredged material disposal areas needed for placement of material
on property not open to the public shall be a 100 percent Local
Sponsor cost for which no credit will be given.
i. The Local Sponsor shall, without expense to the
Government, bear all costs associated with beach berm reshaping,
maintenance of storm drainage outfalls, and performance of any
other work described in the operation and maintenance manual for
the Project, which will be prepared by the Local Sponsor and
approved by the Government.
j. Not less than once each year the Local Sponsor shall
inform affected interests of the limitations of the protection
afforded by the Project.
k. No Federal funds may be used to meet the Local Sponsor's
share of Project costs u~der this Agreement unless the
expenditure of such funds is expressly authorized by statute as
verified in writing by the Federal granting agency.
1. The Government shall review all engineering and design
plans submitted by the Local Sponsor, and inspect all work which
is accomplished by the Local Sponsor, to ensure that such plans
and work are in accordance with the project design criteria.
m. The Government shall reimburse the Local Sponsor for the
Federal share of total project costs as further provided in
Article VI and Article VII
of this Agreement. ~
ARTICLE III - LANDS, FACILITIES AND PUBLIC LAW 91-646 RELOCATION
ASSISTANCE -
a. The Local Sponsor shall provide all lands, easements,
and rights-of-way, including suitable borrow and dredged material
disposal areas, as may be determined by the Government to be
necessary for the Project. The necessary lands, easements, and
rights-of-way, including suitable borrow and dredged material
disposal areas, may be provided incrementally, but all lands,
easements, and rights-of-way determined by the Government to be
necessary for work to be performed for the Project must be
furnished prior to the advertisement of any contract for that
work.
b. The Local Sponsor shall provide all retaining dikes,
wasteweirs, bulkheads, and embankments, including all monitoring
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features and stilling basins that may be required at any dredged
material disposal areas necessary for the Project.
c. The Local Sponsor shall accomplish or arrange for
accomplishment of all relocations determined by the Government to
be necessary for construction of the Project.
d. The Local Sponsor shall comply with the applicable
provisions of the Uniform Relocations Assistance and Real
Property Acquisition Policies Act of 1970, Public Law 91-646, as
amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17), and the
Uniform Regulations contained in 49 CFR Part 24, in acquiring
lands, easements, and rights-of-way, including suitable borrow
and dredged material disposal areas, for the Project, and inform
all affected persons of applicable benefits, policies and
procedures in connection with said Act. The Local Sponsor shall
provide such documentation as the Contracting Officer requires to
demonstrate compliance.
ARTICLE IV - VALUE OF LANDS AND FACILITIES
a. No credit shall be given for lands, easements, rights-
of-way, including suitable borrow and dredged material disposal
areas provided to the Goverment prior to March 1, 1991. The
Local Sponsor shall receive a credit for the value of any lands,
easements, and rights-of-way, including suitable borrow and
dredged material disposal areas, provided for the Project. Such
credit shall be applied towards the Local Sponsor's share of
total project costs in accordance with the following procedures:
1. If the lands, easements, or rights-of-way are owned
by the Local Sponsor as of the date the first contract for the
project is awarded, the credit shall be the fair market value of
the interest at the time ~f such award. The fair market value
shall be determined by an appraisal, to be obtained by the Local
Sponsor, which has been prepared by a qualified appraiser who is
acceptable to both the Local Sponsor and the Government. The ...
appraisal shall be reviewed and approved by the Government.
2. If the lands, easements, or rights-of-way are to be
acquired by the Local Sponsor after the date of award of the
first contract for the Project, the credit shall be the fair
market value of the interest at the time such interest is
acquired. The fair market value shall be determined as specified
in Article IV.a.l of this Agreement. If the Local Sponsor pays
an amount in excess of the appraised fair market value, it may be
entitled to a credit for the excess if the Local Sponsor has
secured prior written approval from the Government of its offer
to purchase such interest.
3 . If the Local Sponsor acquires more lands,
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SEP- 4-92 FRI 16:14
easements, or rights-of-way than are necessary for Project
purposes, as determined by the Government, then only the value of
such portions of those acquisitions as are necessary for the
Project shall be included in total project costs and credited to
the Local Sponsor's share.
4. Allowable credit for lands, easements, and rights-
of-way in the case of involuntary acquisitions which occur within
a one-year period preceding the date this Agreement is signed or
which occur after the date this Agreement is signed will be based
on court awards, or on stipulated settlements that have received
prior Government approval.
5. Credit for lands, easements, or rights-of-way
acquired by the Local Sponsor within a five-year period preceding
the date this Agreement is signed, or any time after this
Agreement is signed, will also include the actual incidental
costs of acquiring the interest, e.g., closing and title costs,
appraisal costs, survey costs, attorney's fees, plat maps, and
mapping costs, as well as the actual amounts expended for payment
of any Public Law 91-646 relocation assistance benefits provided
in accordance with the obligations under this Agreement.
b. The cost of relocations which will be included in total
project costs and credited towards the Local Sponsor's share of
total project costs shall be that portion of the actual costs as
set forth below and approved by the Government:
1. Highways and Highway Bridges: only that portion of
the cost as would be necessary to construct substitute bridges
and highways to the design standard that the State of Florida
would use in constructing a new bridge or highway under similar
conditions of geography and traffic loads.
2. utilities-and Facilities (Including railroads):
Actual relocation costs, less depreciation, less salvage value,
plus the cost of removal, less the cost of betterments. With
respect to betterments, new materials shall not be used in any -
alterations or relocation if materials of value and usability
equal to those in the existing facility are available or can be
obtained as salvage from the existing facility or otherwise,
unless the provision of new material is more economical. If,
despite the availability of used material, new material is used,
where the use of such new material represents an additional cost,
such cost will not be included in total project costs.
ARTICLE V - PROJECT COORDINATION
a. To provide for consistent and effective communication,
the Local Sponsor shall appoint a point of contact to coordinate
with the Government on scheduling, plans, specifications,
modifications, contract costs, and other matters relating to the
Page 7
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Project.
b. The point of contact shall meet with the Government when
deemed necessary, and shall make such recommendations as are
considered appropriate to the Government.
c. The Government shall consider the recommendations of the
point of contact. However, the Government has complete
discretion to accept, reject, or modify any recommendation.
ARTICLE VI - BASIS OF REIMBURSEMENT
a. The Local Sponsor shall provide invoices and any
necessary suporting documents to the Government for all completed
Project work for which reimbursement is requested.
b. After receipt of the above information and subject to
the limitations described in Article VII, the Government shall
reimburse the Local Sponsor for the Federal share of total
project costs which are reasonable, necessary, auditable, and
allocable. The Federal share is presently estimated at 56.33
percent of total project costs based on current conditions of
shore ownership and use. This percentage is sUbject to
adjustment based upon conditions of shore ownership and use at
time of award of each contract for periodic nourishment.
ARTICLE VII - LIMITATIONS ON REIMBURSEMENT
a. Reimbursement for the work performed by the Local
Sponsor is subject to the availability of appropriations for this
project.
b. No reimbursement shall be made until the Contracting
Officer has certified that the Project work subject to
reimbursement has been completed and performed in accordance with
applicable approved engineering and design plans.
c. The amount of reimbursement to the Local Sponsor is not -
subject to adjustment for interest charges, nor is it subject to
adjustment to reflect changes in price levels between the dates
of completion and reimbursement.
d. The Government shall have the right to conduct an audit
of Local Sponsor's records for the Project to ascertain
reasonable, necessary, and allocable Project costs. In
determining costs eligible for reimbursement, the Government
shall use Office of Management and Budget circular No. A-a7,
IICost Principles of State and Local Governments". '
ARTICLE VIII - DISPUTES
Before any party .to this Agreement may bring suit in any
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court concerning an issue relating to this Agreement, such party
must first seek in good faith to resolve the issue through
negotiation or other forms of nonbinding alternative dispute
resolution mutually acceptable to the parties.
ARTICLE IX - OPERATION, MAINTENANCE, AND REHABILITATION
a. The Local Sponsor shall operate, maintain, repair,
replace, and rehabilitate the Project, or functional portion of
the Project at no cost to the Government, in accordance with
regulations or directions prescribed by the Government.
b. The Local Sponsor hereby gives the Government a right to
enter, at reasonable times and in a reasonable and lawful manner,
upon land which the Local Sponsor owns or controls for the
purpose of inspection of the project to determine whether the
project has been constructed in accordance with the engineering
design and plans, and is being operated and maintained in
accordance with regulations or directions prescribed by the
Government.
c. If an inspection shows that the Local Sponsor for any
reason is failing to fulfill its obligations under this Agreement
without receiving prior written approval from the Government, the
Government will send a written notice to the Local Sponsor. If
the Local Sponsor persists in such failure for 30 calendar days
after receipt of the notice, then the Government shall have a
right to enter, at reasonable times and in a reasonable manner,
upon lands the Local Sponsor owns or controls for the purpose of
fulfilling the Local Sponsor's duties under this agreement. No
action by the Government shall relieve the Local Sponsor of its
obligations under this Agreement, or preclude the Government from
pursuing any other remedy at law or equity to assure faithful
performance pursuant to this Agreement.
I .
ARTICLE X - RELEASE OF CLAIMS
The Local Sponsor shall hold and save the Government free
from all damages related to the Project, except for damages due -
to the fault or negligence of the Government or its contractors.
ARTICLE XI - MAINTENANCE OF RECORDS
The Government and Local Sponsor shall keep books, records,
documents, and other evidence pertaining to costs and expenses
incurred pursuant to this Agreement to the extent and in such
detail as will properly reflect total project costs for the term
of this Agreement. The Government and the Local 'Sponsor shall
make such books, records, documents, and other evidence available
at their offices for inspection and audit by authorized
representatives of the parties to this Agreement.
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ARTICLE XII - FEDERAL AND STATE LAWS
In acting under its rights and obligations hereunder, the
Local Sponsor agrees to comply with all applicable Federal and
state laws and regulations, including but not limited to, the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (Public Law 91-646), Section 601 of Title VI
of the civil Rights Act of 1964 (Public Law 88-352) and
Department of Defense Directive 5500.11 issued pursuant thereto
and published in part 300 of Title 32, Code of Federal
Regulations, as well as Army Regulation 600-7 entitled
"Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army."
In addition, the Local Sponsor agrees to apply and include
provisions consistent with the following statutes in all
construction contracts:
a. Buy American, 41 U.S.C. Section lOa;
b. Clean Air Act, 41 V.S.C. Section 7606; t
c. Clean Water Act, 33 U.S.C. Section 1368;
d. Contract Work Hours, 40 V.S.C. Section 327 et. seg. ; ,
e. Convict Labor, 18 U.S.C. Section 4082;
f. Copeland Anti-Kickback, 40 V.S.C. Section 276c;
g. Davis Bacon Act, 40 V.S.C. Section 276, et. seg.;
h. Equal Opportunity, 42 V.S.C. Section 2000d;
;:
i. Jones Act, 46 U.S.C. Section 292;
\
4 . .~
j. Rehabilitation Act (1973), 29 V.S.C. Section 794; ,
k. Shipping Act, 46 U.S.C. Section 883; .-
1. utilization of Small Business, 15 V.S.C. Section 631,
644;
m. Vietnam Veterans, 38 U.S.C. Section 2012;
n. Walsh-Healey, 41 V.S.C. Section 35, et. seg.
ARTICLE XIII - Relationship of Parties.
The parties to this Agreement act in an independent capacity
in the performance of their respective functions under this
Agreement, and neither party is to be considered the officer,
agent, or employee of'the other.
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ARTICLE XIV - OFFICIALS NOT TO BENEFIT
No member of or any delegate to Congress, or Resident
commissioner, shall be admitted to any share or part of this
Agreement, or to any benefit that may arise therefrom.
ARTICLE XV - COVENANT AGAINST CONTINGENT FEES
The Local Sponsor warrants that no person or selling agency
has been employed or retained to solicit or secure this Agreement
upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained
by the Local Sponsor for the purpose of securing business. For
breach or violation of this warranty, the Government shall have
the right to annul this Agreement without liability, or, in its
discretion, to subtract from the reimbursement price the full
amount of such commission, percentage, brokerage, or contingent
fee.
ARTICLE XVI - NOTICES
a. All notices, requests, demands, and other communications
required or permitted to be given under this Agreement shall be
deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first-class
(postage-prepaid), registered, or certified mail, as follows:
If to the Local Sponsor: City Council
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
If to the Government: District Engineer
. U.S. Army Corps of Engineers
Jacksonville District
P.O. Box 4970
Jacksonville, Florida 32232-0019 ~
b. A party may change the address to which such
communications are to be directed by giving written notice to the
other in the manner provided in this Article.
c. Any notice, request, demand, or other communication made
pursuant to this Article shall be deemed to have been received by
the addressee at such time as it is personally delivered or seven
calendar days after it is mailed, as the case maybe.
ARTICLE XVII - CONFIDENTIALITY
To the extent permitted by the laws governing each party,
the parties agree to maintain the confidentiality of exchanged
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information when requested to do so by the providing party.
ARTICLE XVIII - HAZARDOUS SUBSTANCES
a. After execution of this Agreement and upon direction by
the Contracting Officer, the Local Sponsor shall perform, or
cause to be performed, such environmental investigations as are
determined necessary by the Government or the Local Sponsor to
identify the existence and extent of any hazardous substances
regulated under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 42 USC 9601-9675, on
lands, easements, rights-of-way, inClUding suitable borrow and
dredged material disposal areas necessary for the Project. All
actual costs incurred by the Local Sponsor which are properly
allowable and allocable to performance of any such environmental
investigations shall be included in total project costs and cost
shared as a construction cost in accordance with Section
103(c) (5) of Public Law 99-662.
b. In the event it is discovered through an environmental
investigation or other means that any lands, easements, rights-
of-way, including suitable borrow and dredged material disposal
areas to be acquired or provided for the project contain any
hazardous substances regulated under CERCLA, the Local Sponsor
and the Government shall provide prompt notice to each other, and
the Local Sponsor shall not proceed with the acquisition of
lands, easements, rights-of-way, or disposal areas until mutually
agreed.
c. The Government and the Local Sponsor shall determine
whether to initiate construction of the Project, or if already in
construction, to continue with construction of the Project, or to
terminate construction of the Project for the convenience of the
Government in any case where hazardous substances regulated under
CERCLA are found to exist on any lands necessary for the Project.
Should the Government and the Local Sponsor determine to proceed
or continue with construction after considering any liability
that may arise under CERCLA, as between the Government and the
Local Sponsor, the Local Sponsor shall be responsible for any and -
all necessary clean up and response costs, to include the costs
of any studies and investigations necessary to determine an
appropriate response to the contamination. Such costs shall not
be considered a part of total project costs as defined in this
Agreement. In the event the Local Sponsor fails to provide any
funds necessary to pay for clean up and response costs or to
otherwise discharge its responsibilities under th~s paragraph
upon direction by the Government, the Government may either
terminate or suspend work on the Project or proceed with further
work.
d. The Local Sponsor and the Government shall consult with
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each other under the Construction Phasing and Management Article
of this Agreement to assure that responsible parties bear any
necessary cleanup and response costs as defined in CERCLA. Any
decision made pursuant to paragraph c of this Article shall not
relieve any party from any liability that may arise under CERCLA.
e. The Local Sponsor shall operate, maintain, repair,
replace, and rehabilitate the Project in a manner so that
liability will not arise under CERCLA.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
THE DEPARTMENT OF THE ARMY DELRAY BEACH, FLORIDA
BY: BY: j
Nancy P. Dorn
Assistant Secretary Mayor I
of the Army (Civil Wo!ks) For the city Council
DATE: DATE:
~ .
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,
CERTIFICATION REGARDING LOBBYING
The undersigned certifiQs, to the best of his or her knowledge
and belief that:
(1) No Federal appropriated funds have been paid or will be
paid by or on behalf of the undersigned to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member ot Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement and the extension, continuation,
renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee'of Congress or an
employee of a Member of Congress in connection with this Federal
contract, grant, loan or' cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to
Report LObbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and i
contracts under grants, loans and cooperative agreements) and
that all sUbrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. SUbmission of this certification is a prerequisite
for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the .-
required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such
failure.
Mayor
City Council
Delray Beach, Florida
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CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge
and belief that:
(1) No Federal appropriated funds have been paid or will be
aid by or on behalf of the undersigned to any person for
~nflUencing or attempting to influence a~ officer or employee of
any agency, a Member of congress, an offlcer or e~ployee of,
Congress, or an employee of a Member of congress l~ connectlon
with the awarding of any Federal contract, the makIng of any
Federal grant, the making of any Federal lo~n, the entering into
of any cooperative agreement and the extension, continuation,
renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with this Federal
contract, grant, loan or. cooperative agreement, the undersigned
shall complete and submit standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and
contracts under grants, loans and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
Th~s cert~fication is a material representation of fact upon
WhlCh rellance was placed when this transaction was made or
entered,into. SUbm~ssi~n of t~is certifi7ation is a prerequisite
for mak~ng or enterlng lnto thlS transactlon imposed by Section ~
1352, Tltle 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not
le~s than $10,000 and not more than $100,000 for each such
fallure.
~
.
~.' 4-"9_ ~ . "- -" ~ -- - ~ . ~1 _
.
CERTIFICATE OF AUTHORITY
I, , do hereby certify that I am the
Principal Legal Officer of the City of Delray Beach, Florida and
that the City of Delray Beach, Florida is a legally constituted
pUblic body with full authority and legal capability to perform
the terms of the Agreement between The Department of the Army and
the City of Delray Beach, Florida in connection with the Project
and to pay damages, if necessary, in the event of the failure to
perform in accordance with section 221 of Public Law 91-611 and
that the person who has executed the Agreement on behalf of the
City of Delray Beach, Florida has acted within his statutory
authority.
IN WITNESS WHEREOF, I have made and executed this
Certificate this day of 199___.
City Attorney
Delray Beach, Florida
~
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CERTIFICATION OF LEGAL REVIEW
The draft Local Cooperation Agreement for the Delray Beach
Segment of the 1962 Palm Beach County, Florida Shore Protection
Project has been fully reviewed by the Office of Counsel, USAED
Jacksonville.
0) A(Jy
~r1ct Counsel
.. ,
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;}f- @J.t"- /---
/'
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my OF DElRAY BEA[H \,
.,,~
CITY ATTORNEY'S OFFICE :' "\' ! q A'. i ',': . 1') 1 ' 'I: 1" ',.() 1. I 1 () H I!l ,\ ~:1 ~ '. ,\
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Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: August 11, 1992
TO: John Walker, Project Coordinator
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Local Cooperation Agreement Between the Department of
the Army and the City for Construction of the Delray
Beach Segment of the Palm Beach County Florida Shore
Protection Proiect - Beach Renourishment
I have reviewed the Agreement you submitted. My major concern
lies in the fact that the City's Agreement with Palm Beach
County expires September 30, 1992 wherein they, in the past,
have assumed the responsibility of providing funds as to the
non-federal share. The Local Cooperation Agreement with the
Army, requires the City to be the local sponsor and assume the
responsibility for payment of the non-federal share.
The construction of the project is to commence in October
wherein thereafter the costs of construction will become due
and owing. The costs which are incurred after the date of
expiration of the agreement with Palm Beach County will not
have a source of funding. If the City enters into this local
'cooperation agreement without a sure source of funds from the
~
, County, the City will be in violation of the City's Charter and
" general law. The City's Charter and general law requires that
the City shall, in its budget for the fiscal year, make
appropriations not to exceed the amount to be received from
taxation or other revenue sources. The Charter requires that
the budget contained estimates of all proposed expenditures.
If the County fails to fund the non-share portion, then we have
entered into contract wherein sufficient revenues have not been
budgeted for the project.
Other than this concern, the Agreement is sufficient as to
legal sufficiency and form.
Please contact me if you have any questions regarding this
m~
SAR. i L If" :1':',7" f'" il'\71E II))
'.- , ... ,\ .' \:1 rl
I> II I':':'" ",. -~
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1'''"''
-'
cc David Harden, City Manager I\tI'.; 12 1992
Jeffrey S. Kurtz, City Attorney
walker.sar PLANNING & ZONING
'. '..1
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8Jv1
SUBJECT: AGENDA ITEM #/011 - MEETING OF SEPTEMBER 8, 1992
SIGN CODE WAIVER REQUEST/DELRAY MAZDA
DATE: SEPTEMBER 3, 1992
Attached is a letter from Scott A. Elk, representing Delray
Mazda, requesting that the waiver request be WITHDRAWN from the
agenda. The applicants met with staff on August 28, 1992, and it
was collectively determined that the appropriate course of action
at this time would be to submit the Delray Mazda signage for
further review under the master sign program.
Inasmuch as the waiver request was previously advertised for
public hearing on August 11, 1992, and was continued at that
meeting to September 8th, the item appears on the agenda simply
as a procedural matter to ensure public notification of the
petition's withdrawal.
.
1D=407 368 5651 P.02
09-02-92 14:45 SCOTT A ELK P.A.
"1 .
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SCOTT A. ELK, P. A.
ATTOPNSy AT LAW
SANCTUARY C(;NTRE: . SUITE: lOse (407) -'368 - B 800
4800 NORTH ~ EDERAL rilGHWAY BRQWARD (::..05) 7/6 -1[)O6
BOCA RA'TON. I"LC>RIDA 3;;1431 TELE.FAX (407) 368-565;
september 2, 1992
VIA FACSIMILE TRANSFER
ANQ FIRST CLASS MAIL
Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Delray Mazda/City of Delray sign Waiver Request
DeAr Ms. Harty:
On August 28, 1992, Lula Butler, Joyce Desmoreaux, David Tolces,
Esquire, Lea stracher, and myself met regarding the Delray Mazda
Sign Code Waiver Request which is presently scheduled to be
heard before the regular meeting of the Delray Beach City
Commission on September 8, 1992. Upon further review of the
present status of the signs at Delray Mazda, it was determined
collectively that the appropriate course of action at this time,
would be to submit the Oelray Mazda signage to the Master Sign
Program, instead of proceeding directly to the sign Waiver
Request.
Based upon the foregoing, and recommendations of staff, I hereby
request you to withdraw the Delray Mazda Sign Code Waiver
Request, so that Delray Mazda may pursue this matter through the
Master Sign Program. Delray Mazda reserves the right to refile
this Sign Waiver Request, and take any and all actions as
provided for pursuant to the codes and ordinances of the City of
Delray Beach, Florida, in the event the same is determined
appropriate at a later date.
Thank you for your continuing courtesies and cooperation with
regard to this matter. In the event you are not able to withdraw
the Delray Beach Sign Waiver Request, and remove the same from
09-02-92 14:45 SCOTT A ELK P.A. 1D=407 368 5651 P.03
.
Page 2 of 2
September 2; 1992
the agenda of the September 8, 1992 Delray Beach City Commission
Meeting, or in the event you should have any further questions
with regard to the foregoing, please do not hesitate to contact
me.
~relY'
,,- ~'#t.t..
.. SCOTT A. ELK
SAB/kBm/C~IlIr/DBLRAt/BARTY
cc: Lula Butler, Director of Community Improvement
Joyce Desormeau, Signs/License Administrator
David Tolces, Assistant City Attorney
Les Stracher, Esquire (via facsimile transfer)
.
.
CITY OF DElRAY BEA[H
-, . - - -:-:..... .
September 3, 1992
VIA FACSIMILE TRANSFER
AND FIRST CLASS MAIL
Scott A. Elk, Esquire
Sanctuary Centre - Suite 105E
4800 North Federal Highway
Boca Raton, FL 33431
Re: Delray Mazda/Sign Code Waiver Request
Dear Mr. Elk:
Thank you for your correspondence of September 2, 1992,
requesting the above referenced matter be withdrawn from the City
Commission's regular meeting agenda of September 8, 1992.
Inasmuch as the waiver request was advertised for public hearing
on August 11, 1992, and was continued at that meeting to the date
certain of September 8, 1992, the item will remain on the agenda
as a procedural matter to ensure public notification of the
petition's withdrawal.
Should you have any questions, please do not hesitate to contact
me at 407/243-7050.
Sincerely,
Olwon i1)u}(>>p JladA1
Alison MacGregor Harty
City Clerk
AMH/m
cc: Lula Butler, Director of Community Improvement
Joyce Desormeau, Signs/License Administrator
David Tolces, Assistant City Attorney
Les Stracher, Esquire
-
THE EFFORT A LViJA '( SMA TTERS
'.
lq:44 SGOTT A ELK P.A. 1D"'407 368 5651 P,01
09-02-!:'l2
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SCOTT A. ELK, P. A.
ATTORNEY AT l-AW
SANCTUA.RY CEN'T~E . SUITE lOSE (A07) ~f;\e - 8aOO
.<1600 NO~TH -EDERAl- I,IIOIIWAY EFoOWARO (305) 776, 'CQb
ElOCA l'IATON. F'LORIClA 334:)1 TELE,AX ("'07) 3ee. ~651
FACSIMILE TRANSMITTAL
RECIPIENT'S FACSIMILE NUMBER: (407) 243-3774
DATE: September 2, 1992
TO: MS. ALISON MACGREGOR HARTY
FROM: SCOTT A. ELK, P.A.
7
PAGES: 0
RE: DELRAY MAZDA/CITY OF DELRAY SIGN OF WAIVER
COMMENTS:
Enclosed herewith, please find my correspondence dated September 2,
1992, relative to the above referenced matter.
Please contact me upon your review.
'1'BIB MB88ND 18 Ill'tlaIDiID OIlLY J'Oi' 'l'HK USB ~ 'l'Ibt I1IIHVI1.lUAL OR Klfl'r.l'Y 'l'O WRIClt IT lS A!:>Di'J!Bffi:;.T, AAC ~ OJR'J>.. "
1~,* 'rIIM 18 l'lUV1LBmm, carPlDUTIAL MtI KmVT YIQIl DISCWSmii v'JIDKRwi:ICAW.E LAW~-ITrn.: ~cF'ffiU
MESSAGE IS ll'OT THE IN'l'ISNDEIl HCU'IINT Oil TliIl: BMPLO'iEE OR AGBNT lIE6P01UlIBLE FoR IlELn"li:JUNG TKE K.....S}.~ m -au.
IR'l13Ntlltl llECIPIlilNT. 'too AIlS Hm\El>Y l'lO'I'IFIED T1lA'I' ANY DleSBM!1iAT~ON, PISTRIl'lU'I'ION OR C;:;"YlNGl Oi! TIHS C.:;t1M:J!HCA!l']i'<
IS STIIICTLY PROHIBITED. IF YOU lUVi MCEIVED THIS CCl>!MUNJCA'1'ICf\' IN <>ROOR, ":'EAEE ftjUl""i ,", n-Y.E.DIAJ."'KLt EL
'l'ELEPilON'l, 1lND lIB'l'Ul\N '1'HE OlUGlNAL MEssAl;li: 'I'O US AT TO ABOVE ADDRESS ViA THE U,S, POsTAL St;RV:":'!l:,
I
SCOTT A. ELK, P. A.
ATTORNEY AT LAW
SANCTUARY CENTRE' SUITE lOSE (407) 368-8800
4800 NORTH FEDERAL HIGHWAY BROWARD (30S) 776-1006
BOCA RATON. FLORIDA 33431 TELEFAX (407) 368 - S6S1
August 7, 1992
VIA FACSIMILE TRANSFER
AND FIRST CLASS MAIL
Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Delray Mazda/City of Delray Siqn Waiver Request
Dear Ms. Harty:
This correspondence shall inform you that this law firm is co-
counsel with Stracher & Harmon, P.A. relative to the above
referenced matter.
Thank you for your assistance in continuing the Delray Sign Waiver
request from the City Commission Meeting scheduled for August 11,
1992 until the September 8, 1992 City Commission Meeting Agenda.
This correspondence shall serve as formal request for you to re-
schedule the Delray Mazda Sign Waiver Request for the September 8,
1992 City Commission Meeting.
Thank you for "'n"..... contiml.!.!lg court,ElS ies and cooperation with
.i;" ---
regard to this matter. Should there by any problems in re-
scheduling this matter for the September 8, 1992 City Commission
Agenda, or in the event there is any further information or items
which you may need from me, please do not hesitate to contact me.
~ >itil;A
SCOTT A. ELK
SAE/kem/CLIENT/DELRAY/HARTY RECE'VED
cc: Les Stracher, Esquire ~II()!C;;;'
CnY CLERK
'. p"
CITY OF DElRAY BEA[H
,
August 10, 1992
Scott A. Elk, Esquire
Sanctuary Centre - Suite lOSE
4800 North Federal Highway
Boca Raton, FL 33431
Re: Delray Mazda/Sign Code Waiver Request
Dear Mr. Elk:
I am in receipt of your fax transmittal of August 7, 1992, with
respect to continuing the Delray Mazda sign code waiver request
from the Delray Beach City Commission of August 11, 1992, to the
regular meeting of September 8, 1992.
Inasmuch as the waiver request was advertised for public hearing
at the August 11, 1992, Commission meeting, the item will remain
on the agenda. In light of your request, however, staff is
recommending that the public hearing be opened on August 11th and
then continued to the date certain of September 8, 1992. The
public hearing segment of City Commission meetings is scheduled
for 7:00 P.M.
If you have any questions, please do not hesitate to contact me.
Sincerely,
{2{~Y!lkl~ 1Ia;:t;-
Alison MacGregor Harty
City Clerk
AMH/m
cc: Lula Butler, Director of Community Improvement
Susan A. Ruby, Assistant City Attorney
Les Stracher, Esquire
THE EFFORT ALWAYS MATTERS
.
.
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,.
SCOTT A. ELK, P.A.
AT."!"!_.~.~r''''' ,. r . .A,y..'
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FACSIMILE TRANSMITTA1
RJ:;CTPlt:NT'S FACSIMILE NUMBER: (407) 243-3774
PA'T't: Auqll8t I , IG92
, . ALISON Ml\C"GRF;GOR HARTY
I"'n,-~ . ~~ (" ('1"'" A.. ELK, P.A.
, A. t;s: ~
~..-
~ ALrSON MACGRF.GOR HARTY
.It.f!>f t "JTS
t. n,. l~j <= .... j t cn~....'.. t hi pled~~ find my correspondence relative to t "tEl
,) t'C,ve n' fen-need transaction.
Please contact me upon your review.
TlH8 IlIJi:S8IIill': IS lllPnOO)lID ONLY POR TBIl U8Il OF 'mI IIIDIVIDUAJ.. OR DI'!TY T\,; NUICB IT ra A1JllRRB8Kll, .\lIP MAl COIr1AJJ
i~Tmi~'l' (8-PRJV1~iED:~CCWFIDKJliTiA1A1fD ElQMT ~1)J~VRE UMDBIlAPI'Lff.AHL1l '0W' J'..m-~7"~ m.;s
"l..-,;",., 15 N,Y, :'.E INTENT..,.) !'(EC'IPlIi:NT OR THE 1lMP!.oYEi ('!p Ml:iNT IilE3POfoIeTll:.B l'(;~ "lOL1"'!!.ll.. ~..- ~.9."'.il'l~ "M..
~no"f;::'\f'; ;P~In<";, 'QU^JlF H!':F,Jo:l!f NOTIFIi:O THA~ ANY nSSI;ll'l;Mo\'IluN. "UTP:llt":'!"11'1'q "CI'YING :.P ,'ll'~ .'<,,...."1'.,"1 OJ
~ ':.7'Ftjir.'f FAI'H~[I! ,1" " V:'l' dA\.... PP:CFj,lIllD I'815 ::;~!CI\null !Pi JmWlFl. r..v.I.F \f(--rt'y _8 ~~~': A:'lr. \ at
r 1.7' -li-"-,, .^N ~,~""'-"_;;;!\Ii :F P.Ct""" 'Ill5"....m;; TO'S AT ':1Ili AllOVE ,uLUS5 V:.A 'tl!Jl "q <".'>STA! ..~\' =:i!
"'J"d }{'13: 'J .I..I.O:JS 88:01 ~6-1.0-S0
10"d 1585 S8E: 1.0t>=ul
AUG-05-1 '392. 16: 1;4 FROM STRACHER & HAF.'r'1OtJ F'. A . TO 14072433774 F'. [11
I..4W OFFIC.ES
STRACHER & HAR1\10N, P.A.
7900 PETERS ROAD
SUITE ~100
PlANTATION. I=LOFl:O^ 33324
LES STRACHER TELEPHONE.
K;UflT S, HARMON 13(6) 476-U22
K~~ A .AGNUSON
fl:l.~fAX
(306) 476-8224
'1'ELEPU
DA'l'E: Augus;t 5, 1902
NO. OF PAGES TO FOLLOW: 1
TO: Alison MacGregor Harty, City Clerk
City of Delray Beach
CL:ENT: Delray Mazda v. City of Delray/Sign waiver Requ~st
TELEF1\Y. NO.; 407-243-3774
Ui<;SCR I PT 1 ON: Transmitting August 5, 1992 correspondence.
. 1 FOR YOUR APPROVAL
, J PLEAS!:; CONTACT UPON RECEIPT
, J AS YOU REQUESTED
~
I J PER OUR DISCUSSION
l
r J OTHER:
,
This message i.s intended only for the use of the H:div':'dual ur
entity to which it is addressed, end mey cor.tain information
Lhat is pr~vileged, confidential and/or otherwise exempt fro~
disclosure. If you have received this tulefax trdn!:im.ittc':' in
e5-T01~ th~~~lea8e immeditttely notify the undel."signeo..
B~~;~~_~~~~~ ___
\FAX\DELRAY
"
I ~ /0 /Ju.1I~
. " " CCt:U.,5fJ1
i\i'.(.i!.IVED
LAW-OFFICES FEe 2 1199)/
STRACHER & HARMON, P.A.
CITY MANAGER'S OFFICE
7900 PETERS ROAD
SUITE 6-100
PLANTATION, FLORIDA 33324
lES STRACHER February 18, 1992 TElEPHONE:
KURT S. HARMON (306) 476-8222
KRISTINE A. MAGNUSON
TElEFAX:
Mr. David Harden /306) 476-8224
City Manager
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Delrav Mazda, 2001 S. Federal Hiqhwav - Siqn Waiver Request
Dear Mr. Harden:
This letter will serve to confirm our recent telephone conversation
wherein you advised me that Delray Mazda's sign waiver request has
been placed upon the City Commission's agenda for consideration on
February 25, 1992.
As you are aware, the law firm of Stracher & Harmon, P.A. repre-
sents Delray Mazda as general counsel, and will represent Delray
Mazda before the City Commission upon its consideration of the sign
waiver request. Unfortunately, the undersigned has a conflict the
evening of February 25, 1992, and will be unable to be present at
the City Commission meeting. Accordingly, I would appreciate your
assistance in postponing this matter to a later date.
Additionally, it is my understanding that the City's sign ordinance
is presently under review by City staff, for further discussion and
modification by the City Commission. Accordingly, Delray Mazda
respectfully requests to postpone the City' Commission's
consideration of its sign waiver request for ninety (90) days to
allow the City to complete its review and modification of the sign
ordinance, as same may have a direct impact upon Delray Mazda's
sign waiver request.
Thank you for your consideration of this matter. I look forward to
hearing from you.
~elY'
m
ri tine ~agnuson
KAM/lsg
cc: Lula Butler, qa ~tf' \ C\ }-
Director of Community Improvement wR 6 ~ .6 \'1 '" -;'fl1lJ- "
T. J. Merrimen
Carole Simone
1DM3/HARDEN.LTR ~\ d- ~ c;V, eb
rt~ (\1~Pf?1V
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,
LAW OFFICES
STRACHER & HARMON, P.A.
7900 PETERS ROAD
SUITE 8-100
PLANTATION, FLORIDA 33324
LES STRACHER TELEPHONE:
KURT S. HARMON (306) 478.8222
Ofc-.L' TELEFAX:
KRISTINE A. MAGNUSON (306) 478-8224
February 6, 1992 RECEIVEIJ
FEB? 199V
Mr. David Harden CITY MANAGER'S OFFICE
City Manager
City of Delray Beach
200 N. W. 1st Avenue
Delray Beach, FL 33444
RE: Delray Mazda. 2001 s. Federal Highway-Sign Waiver Request
Dear Mr. Harden:
As you are aware, Delray Mazda has submitted a written request for
a waiver of the requirements of Delray Beach Code Section
4.6.7.(e)(7), a copy of which is attached hereto for your
reference. Although it is my understanding that Delray Mazda's
sign waiver request must go before the City Commission for
consideration, I am uncertain as to whether this matter has been
set on the Commission's agenda, or whether it is still under review
by City Staff.
Accordingly, I would appreciate your assistance in contacting me
upon your receipt of this correspondence so that we may discuss the
status of Delray Mazda's sign waiver request, and whether the City
of Delray Beach needs any additional information from Delray Mazda
in processing same.
Thank you for your assistance and cooperation regarding this
matter. I look forward to hearing from you.
Respectfully,
K~~~
KAM/rs
cc: T. J. Merrimen
Sandy Wilson
M. Mark Marsh
DI121HARDEN.LTR
. . '.. ..:. V
r
LAW OFFICES
STRACHER & HARMON, P.A.
7900 PETERS ROAD
SUITE 8-100
PLANTATION. FLORIDA 33324
lES STRACHER TELEPHONE:
KURT S. HARMON (306) 476-8222
Ofc-t/: TELEFAX:
KRISTINE A. MAGNUSON (306) 476-8224
MITCHEll S. KRAFT
December 24, 1991
Mr. David Harden
City Manager
City of Delray Beach
100 Northwest 1st Street
Delray Beach, Florida 33444
RE: Delray Mazda. 2001 S. Federal Hiqhway-Sign Waiver Request
Dear Mr. Harden:
On behalf of the owner of the above business, the undersigned
hereby requests a waiver of the requirements of Delray Beach Code
section 4.6.7 ( e) (7) . In particular, Delray Mazda is seeking a
waiver on the number and size of signs located along Federal
Highway.
The owner purchased two pieces of property, a tract in the Del
Raton Subdivision and a tract in the Gateway Shopping Centre
Subdivision, both having separate legal descriptions and, hence,
property control numbers. The use of these properties has always
been automotive, with new car sales on one parcel and used car
sales on the other. The signage in question has remained the same
since the original construction of the facilities. In addition,
the current signage on the used car facility which is located on
the Del Raton Subdivision parcel r existed when the property in
question was annexed into the city of Delray Beach.
When the present owner converted the property from a Toyota
Dealership to a Mazda Dealership, he instructed a sign company to
solely change the lenses on the existing sign panels. The changes
did not affect physical size or number of the existing signs.
Therefore, it was Delray Mazda's position that since the number and
size of the existing signs were not altered, the current ordinances
were met. Indeed, the initial enforcement efforts by the City were
not directed at Delray Mazda, but rather at the sign company for
its failure, unbeknownst to Delray Mazda, to obtain permit(s} to
replace the existing panel faces with new panel faces. Only at
that point, concurrently with the citation, did Staff review the
number and size of signs along Federal Highway thereby first
placing Delray Mazda on notice of that it might be in violation of
the aforementioned City Code Section.
"
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December 24, 1991
Page 2
It would create an undue hardship on the property owner to have to
alter and/or remove the signage along Federal Highway, which
signage was in place and existed prior, to the purchase of the
property by the current owner. 1
..
As part of Delray Mazda's good faith effort to resolve this issue,
meetings have taken place with Staff and the City Attorney's
office. . The City's present position would appear to require the
owner to remove one sign and reduce one sign from 66 square feet to
50 square feet along Federal Highway based on the fact that the
Delray Mazda operation encompasses both new and used car sales.
Staff has further advised Delray Mazda that it must look to the
Commission for relief from this code section, and it is therefore
most respectfully requested for the reasons set forth herein that
a waiver from the provisions of City of Delray Code Section
4.6.7(e)(7) be granted to Delray Mazda.
Should you have any questions regarding the foregoing, please do
not hesitate to contact this office.
Respectfully,
A!v'~pct
Les er
LS/lsg
cc: T.J. Merriman
Sandy Wilson
M. Mark Marsh
HSlt/SIGN.LTR
1 As has been pointed out, the signage on the parcel for the
used motor vehicles has been used continuously and predates the
annexation of the parcel by the City of Delray.
.
,.
. . .
MEMORANDUM
-
TO: MAYOR AND CITY COMMISSIONERS I
FROM: CITY MANAGER t'J11
,
SUBJECT: AGENDA ITEM i 105 - MEETING OF SEPTEMBER 8. 1992
RESOLUTION NO. 98-92
DATE: September 4, 1992
This is a resolution tentatively levying a tax on all properties
within the City of Delray Beach for maintenance and operation; and
levying a tax for the payment of principal and interest on bonded
indebtedness.
Recommend approval of Resolution No. 98-92.
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,
"
- "
RESOLUTION NO. 98-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO
TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated
for the General Fund operations of the City revenue derived from the
tax of $6.3300 per one thousand dollars ($1,000.00) of assessed
valuation which is hereby tentatively levied on all taxable property
within the City of Delray Beach for the fiscal year commencing October
1, 1992, and terminating September 30, 1993, the assessed valuation on
all taxable property for operating purposes within the City of Delray
Beach being $2,506,918,853 for operating and for maintenance expenses
of the General Fund, and also in addition, all revenues derived by
said City during said fiscal year from all other sources other than
the tax levy for current bond service and that part of collection of
delinquent taxes levied for bond service. The tentative operating
millage rate of $6.3300 per one thousand dollars ($1,000.00) is less
than roll back rate of $6.3590 per one thousand dollars ($1,000.00) by
$0.02900 per one thousand dollars ($1,000.00) which is 0.4561% of the
rolled back rate.
Section 2. That the amount of money necessary to be raised
for interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is
$2,250,295 and that there is hereby appropriated for the payment
thereof, all revenues derived from the tentative tax levy of $0.9500
per one thousand dollars ($1,000.00) of assessed valuation, which is
hereby levied for that purpose for the fiscal year commencing October
1, 1992, and terminating September 30, 1993, upon the taxable property
of the City of Delray Beach, the assessed valuation being
$2,506,918,853.
Section 3. That the above tentative millage rates are
adopted subject to adjustment in accordance with Section 200.065(5) of
the Florida Statutes which provides that each affected taxing
authority may adjust its adopted millage rate if the taxable value
within the jurisdiction of the taxing authority as certified pursuant
to Section 200.065(1) is at variance by more than one percent (1%)
with the taxable value shown on the roll to be extended.
I Section 4. That a public hearing was held on the proposed
budget on September 8, 1992.
d PASSED AND ADOPTED in regular session on this the 8th day of
September, 1992.
MAYOR
ATTEST:
City Clerk
,
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PROPOSAL TO BALANCE FY93 BUDGET AT 7.15 MILS
Reduce millage to 7.15 $309,000
Reinstate lobbyist position 52,700
$361,700
Change general employees pension assumption from
entry age normal cost to aggregate cost method $100,000
Increase revenue from surplus property sales 15,000
Correct error in transfers to General Fund 36,110
Reduce budget for merit increases from 4% to 3% 77,000
Freeze one Code Enforcement Officer upon retirement 29,340
Reduction in SWA assessments 5,440
Increase revenue from local option gas tax 19,410
Additional line item budget cuts 79,400
$361,700
'.
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'/1
SUBJECT: AGENDA ITEM * 10 c.--- - MEETING OF SEPTEMBER 8. 1992
RESOLUTION NO. 99-92
DATE: September 4, 1992
This is a resolution making tentative appropriations of sums of money
for all necessary expenditures of the City of Delray Beach for the
period from October I, 1992 to September 30, 1993.
Recommend approval of Resolution No. 99-92.
~ 6-0
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,
----- - - --- ---~
-- -- ~---_._------
---------..
RESOLUTION NO. 99-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY
EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1992, TO
THE 30TH DAY OF SEPTEMBER, 1993; TO PRESCRIBE THE
TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE
ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO
REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN
CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND
ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached
hereto and marked Exhibit "A", be, and the same are hereby tentatively
appropriated upon the terms, conditions and provisions hereinabove and
hereinafter set forth.
Section 2. That all monies hereinbefore appropriated are
appropriated upon the terms, conditions and provisions hereinbefore
and hereinafter set forth.
Section 3. That subject to the qualifications contained in
this resolution, all appropriations made out of the General Fund are
declared to be maximum, conditional and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1992, and terminating the
30th day of September, 1993, for which the appropriations are made,
are sufficient to pay all the appropriations in full; otherwise, the
said appropriations shall be deemed to be payable in such proportion
as the total sum of realized revenue of the General Fund is to the
total amount of revenues estimated by the City Commission to be
available in the period commencing the 1st day of October, 1992, and
terminating the 30th day of September, 1993.
Section 4. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1992, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be
made in any appropriation for the fiscal year commencing the 1st day
of October, 1992, provided, however, nothing in this section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any fund
created by the setting up of special revenue, but such balances shall
be used in financing the proposed expenditures of these funds for the
fiscal year commencing the 1st day of October, 1992.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such
department, bureau, agency or individual shall exceed the amount of
its appropriation without such consent and approval of the City
Commission, the administrative officer or individual, in the
discretion of the City Commission, may be deemed guilty of neglect of
official duty and may be subject to removal thereof.
.
'.
,
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-_.._-- -.~- -- ---------- -------
Section 6. That nothing in this resolution shall be
construed as authorizing any reduction to be made in the amounts
appropriated in this resolution for the payment of interest on, or
retirement of, the debt of the City of Delray Beach, Florida.
Section 7. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other fund of the city shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Treasurer and/or Finance Director to report
known violations of this section to the City Manager.
Section 8. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
promptly into the City treasury.
Section 9. That the foregoing budget be, and hereby is,
tentatively adopted as the official budget of the City of Delray
3each, Florida, for the aforesaid period. Provided, however, that the
restrictions with respect to the expenditures/expenses of the funds
appropriated shall apply only to the lump sum amounts for classes of
expenditures/expenses which have been included in this resolution.
Section 10. That this resolution shall be effective on
October 1, 1992.
PASSED AND ADOPTED in regular session on this the 8th day of
September, 1992.
MAYOR
ATTEST:
City Clerk
.
- 2 - Res. No. 99-92
,
. "
EXHIBIT "A"
BUDGET SUMMARY
CITY OF DELRA Y BEACH - FISCAL YEAR 1992-93
SPECIAL
GENERAL ENTERPRISE REVENUE
FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 70,235 1,845,109 196,120 2,111,464
ESTIMA TED REVENUES:
TAXES: Millages
Ad Valorem Taxes 6,33 15,075,356 15,075,356
Ad Valorem Taxes 0,95 2,262,494 2,262,494
Ad Valorem - DDA 29.080 29,080
Ad Valorem - Delinquent Pen. & Int. 190,000 190,000
Sales and Use Taxes 910,500 910,500
Franchise Taxes 2,624,100 2,624,100
Utility Taxes 4,110,000 4,110,000
Licenses and Permits 1,394,710 1,394,710
Intergovernmental Revenue 4,088,110 77,000 1,161,500 5,326,610
Charges For Services 814,205 21,451,180 22,265,385
Fines and Forfeitures 397.700 135,000 532,700
Miscellaneous Revenues 1,999,160 419,805 21,500 2,440,465
Other Financing Sources 2,283.930 50,000 625,000 2,958,930
Total Revenues and
Other Financing Sources 36,179,345 21,997,985 1,943,000 60,120.330
11.I<dl Estimated Revenues
and Balances 36,249,580 23,843,094 2,139,120 62,231,794
EXPENDITURES/EXPENSES:
General Government Services 4,711,825 4,711,825
Public Safety 19,806,050 215,340 20,021,390
Physical Environment 306,175 13,609,424 1,306,045 15,221,644
Transportation 1,193,205 1,193,205
Economic Environment 477,970 477,970
Human Services 103,040 103,040
Culture & Recreation 4,575,990 1,597,955 308,930 6,482,875
Debt Service 2,495,315 4,519,625 7,014,940
Internal Services
Other Financing Uses 2,580,010 3,411,830 300,350 6,292,190
Total Expenditures/Expenses 36,249,580 23,138,834 2,130,665 61,519,079
Reserves 0 704,260 8,455 712,715
Total Appropriated Expenditures
and Reserves 36,249,580 23,843,094 2,139,120 62,231,794
THE TENTATIVE.. AOOP'TED ANOIOR ANAL BUOOETS ARE ON ALE IN THE OFACE OF THE ASOVE MENTIONED
TAXING AlIOiORflY AS A PUBUC RECORO.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 10 b - MEETING OF SEPTEMBER 8. 1992
RESOLUTION NO. 100-92
DATE: September 4, 1992
This is a resolution establishing a budget for the Stormwater Utility
System; establishing rates for Stormwater Management Assessments for
each parcel within the benefited area, other than non-assessed
property; providing for a public hearing; and providing for the
certification and adoption of the Stormwater Management Assessment
Roll.
This resolution is necessary to assess those properties annexed into
the City during this fiscal year.
The Stormwater Management Assessment Roll will be at the dais for
review prior to Tuesday evenings meeting.
Recommend approval of Resolution No. 100-92.
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-. -- ~---- -,'---
._~_.,.~,--- --
-- -_.,-- - ----~~- ---....---.-- .'--'---~_._--- ~.- --,,---.--- -----.--.----
RESOLUTION NO. 100-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR
THE STORMWATER UTILITY SYSTEM: ESTABLISHING RATES
FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH
PARCEL WITHIN THE BENEFITED AREA, OTHER THAN
. . NON-ASSESSED PROPERTY: PROVIDING FOR A PUBLIC
HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO.
21-90, 49-90 AND 8-91 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT
STATUTORY AUTHORITY: PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORMWATER
MANAGEMENT ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of De1ray
Beach, Florida, did, on July 6, 1990, adopt Ordinance No. 21-90,
which provides for the creation and establishment of a City-wide
Stormwater Management System: .and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, did, on October 23, 1990, adopt Ordinance No.
49-90 which enacted a new Section 8.4.16, entitled "Stormwater
Management Assessments", amending the Land Development
Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, which provided for the method of establishing and
collecting Stormwater Management Assessments: and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, did, on February 26, 1991, adopt amending
Ordinance No. 8-91, which amends certain definitions and the
rates to provide for certain discounts and adjustments: and,
WHEREAS, the statutory authority for the creation and
implementation of Ordinance No. 21-90, Ordinance No. 49-90 and
Ordinance No. 8-91 is predicated on Article VIII, Section 2(b) of
the Florida Constitution: Chapter 166, Florida Statutes, as
amended and supplemented: Section 403.0893, Florida Statutes, as
amended and supplemented: Chapter 197, Florida Statutes, as
amended and supplemented: the City Charter of the City of Delray
Beach, Florida: and other applicable provisions of law: and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, has found that owners, tenants and occupants of
property within the geographical boundaries of the City will
derive a special benefit from the effective management of
stormwater and other surface water and from the operation,
maintenance and expansion of the stormwater management system:
and,
WHEREAS, Ordinance No. 21-90, as amended by Ordinance
No. 8-91, establishes that the rate for Stormwater Management
Assessments for each parcel within the benefited area, other than
with respect to non-assessed property, shall be established each
year by resolution of the City Commission: and,
WHEREAS, Ordinance No. 21-90, as amended by Ordinance
No. 49-90 and Ordinance No. 8-91, provides that such rate
resolution shall not be adopted prior to the establishment of an
operational budget for the system or prior to conducting a rate
hearing as required by applicable law: and,
.
"
- --~--_. -- -- --- ---~_._._.------- --.-- - - ----------
- ------ --~----- -- _._-- -_._----~----
-_.~- ---- ~- -----------------------+-
-~, -.-- -, -- '
WHEREAS, Ordinance No. 21-90 provides that such budget
shall include, but not be limi ted to a capital element, a debt
service element and an 0 and M element and further requires that
the rate hearings and rate resolution shall clearly establish
what portion of the Stormwater Management Assessment reflects the
capital element, the debt service element, if any, and the 0 and
M element; and,
WHEREAS, Ordinance No. 21-90 provides that the initial
stormwater budget shall also include, but not be limited to, all
costs of creating the system, including legal fees and expenses
and the, fees and expenses of the Consulting Engineer, the
reimbursement of the City's general fund for any monies (other
than the proceeds from voter-approved debt) appropriated to pay
the cost of making additions, extensions and improvements to the
existing system; and,
WHEREAS, a budget of operation for the year ending
September 30, 1993, is set forth herein in Exhibit A and is
established in conformity with the requirements of Ordinance No.
21-90, Ordinance No. 49-90 and Ordinance No. 8-91; and,
WHEREAS, billing and collection of the Stormwater
Management Assessment shall be accomplished utilizing the uniform
method of collection; and,
WHEREAS, a rate for Stormwater Management Assessments
for the various classes of property (other than non-assessed
property) within the bene fi ted area shall be calculated as
provided in Ordinance No. 21-90, as amended by Ordinance No.
49-90 and Ordinance No. 8-91, and as further set forth in Exhibit
B to this resolution; and,
WHEREAS, a public hearing on this resolution setting
the rates and adopting the budget and for the purposes of
adopting and certifying a stormwater assessment role was duly
noticed; and,
WHEREAS, the City, upon adoption of the budget and
rates, shall review the stormwater assessment roll to determine
its conformity with the proposed rate resolution and if upon the
completion of such review the City shall be satisfied that the
Stormwater Management Assessment Roll has been prepared in
conformity with the proposed rate resolution, it shall adopt said
resolution and ratify and confirm the Stormwater Management
Assessment Roll and certify that the Stormwater Management
Assessment Roll is correct and proper and is to be used in
collecting the Stormwater Management Assessments. Thereafter,
the City Commission, if no objections are made by persons
affected by the assessment roll at the public hearing or if
objections having been made are deemed insufficient by the City
Commission, shall thereupon adopt the assessments as shown by the
Assessment Roll; and,
WHEREAS, the owner of each parcel within the benefited
area for which a stormwater assessment is levied shall thereafter
be responsible for payment thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, does hereby adopt the aforementioned
preamble in its entirety.
.
- 2 - RES. NO. 100-92
-..-.-...-,,-.-,.....-
.
.------- ~~-_._~--~---
-- ---------~-- -------_._--
Section 2. That the City COllUTlission of the City of
Delray Beach, Florida, does hereby adopt, after public hearing,
the budget as established in Exhibit A hereto which is
incorporated herein.
Section 3. That the City COllUTlission of the City of
Delray Beach, Florida, does hereby adopt, after public hearing,
the rates as set forth in Exhibit B which is incorporated herein.
Section 4. That the City Corrunission of the City of
Delray Beach, Florida, hereby adopts and certifies the Stormwater
Management Assessment Roll.
PASSED AND ADOPTED in regular session on this the 8th
day of September, 1992.
MAY 0 R
ATTEST:
City Clerk
.
- 3 - RES. NO. 100-92
'.
EXHIBIT A
STORMWATER UTILITY BUDGET
FOR FISCAL YEAR 1993
STORM WATER UTILITY FUND
STORM HATER UTILITY
ADMINISTRATION
12-10 RBGULAR SALARIBS/WAGBS 21685 62-11 N W DRAIHAGB ARBA PROJBCT ~OOOOO
13-10 PARlTIMI 0 62-12 STOIOOfAtBR KASTBR PLAM Itl 0
B.10 OVERTIMI 0 62-15 GERMANTOWN 100000
21-10 EKPLOYiR PICA 1660 62-16 DRAINAGB PIASB I 50000
22-10 GKN'L iMP RBTIRBKBNT 1380 63-31 HOKBMOOD DRAINAGB 30000
23-10 LIFi INSURAHCB 110 64-90 omR KACB/BQUIPKBHT 0
23-20 DISABILITY INSURANCB 230 ---------
. CAPITAl. OUTLAY 580000
23-30 BHALTI INSURANCB 2220
91-01 TRANSFER TO GBHWL EUIlD 30000
24-10 IOWRS' COMPBllSATIOM 100
---------
25-10 UNRMPLOYllBNT COMPEMSATIOR 60 . HOH-OPBRATING 30000
.
--------- ---------
. PBRSONAL SBRVICBS 27H5 787620
31-30 ENGINEERING/ARCHITECT 15000
31-90 OTHBR PROlBSS SBRYICBS 35250
34-90 OTBBR CONTRACTUAL SBRVICB 39750
40-10 TRAViL & TRAINING 800
\
41-10 TELEPBOHB BXPBRSB ZOO
U-lO POSTIGB 0
45-10 GENERAL LIABILITY B8S0
48-90 OTJIBI ACTIYITIIS COST 0
49-10 LlGAL ADS 375
49-22 SHARI 0' ADMIN lIP 43950
51-90 OTHBR OEPICI SUPPLIBS 0
52-20 GBN't OPBR SUPPLIBS 0
--..------
* OPBRATING BXPENSIS 150175
STRUT SWBIPING
12-10 REGULAR SALARIES/IAGES 93480 51-10 STATIOHIRt/PAPIR/lORKS 200
Ii-l0 OVlRTIHB 1500 51-90 OTBIR OllICI SUPPLIES 100
15-40 INCENTIVE PAr 0 52-10 lUlL/LUBI VEBICLBS 1550
21-10 BMPLO!!R lICA 7265 52-11 lUlL/ OIL orBIR 875
22-10 GIK'L IMP RlTIREKBHT 5960 52-20 G!N'L OPBR SUPPLIIS 7180
23-10 LIll INSURANCI 530 52-22 UNIfORMS/LININ SIIVICI 1360
23-20 DISABILITY INSURANCI 1010 52-2. BUILDING MATERIALS 2300
23-30 BlALTI INS\lRAHCI 8880 52-27 IQUIPMINT < S500 1300
U-I0 JOWRS' COMPIllSAnOH 7390 53-20 RIPAIRS - DRAIMAGE 24900
25-10 UNlMPLOmarr COMPIMSATIOH 2to 5i-20 HBHBIRSIIPS iO
--------- 5i-30 TRAIHIMG/IDUCAnOH COSTS 400
I PERSONAL SERVICIS 126255
---------
31-20 MBDICAL 0 I OPIUnHG IXPIHSIS 8n50
34-70 PIOTO/MICROfILM SBRVICIS 100 64-25 HEAVY !QUIPMINT 20000
3.-90 omR corrRACTlJAL SIIVICI 8000 6i-9O OTIIR MACI/EQUIPKINT 5800
iO-l0 TRAVIL & TRAJIUIfG 1070 . -----.---
I CAPITAL OUTLAY 25800
iI-IS PORTAlLI PBONB/BIBPIR 150
---------
U.3O BgUIPIID'1' ioo II STRB!T SmPING 236805
ii-iS VlIICLI RlNTAL-GARAGI 8925 ---------
tll STORK lAm UTILITY 102.425
.5-10 GillRAL LIABILITY 0
Ittt STORM lAm UTILITY PUND 1024425
.6-20 IQUIPKBNT HAINTlHAKCI 700
---------
.6-30 VlIICLB HAINT-GARAGI 12000 1024425
.6-90 om! RlPAIR/HAINT COST 13200
.
EXHIBIT B
Total 12 Month
Property Description Rate structure Assessment
..
Single Family
Resident.ial ($2.Z5/Mo./ERU>(lZ Mo.)(lERU) $ 1.7.00
Condominium ($2.25/Mo./ERU)(12 Mo.)[Condo Factor $ 27.00 X CF*
(ERU/Unit))
single Owner Multi-
Family Residential ($2.25/Mo./ERU)(12 Mo~) $ 27.00/ERU
Non-Residential
Developed ($2.25/Mo./ERU)(12 Mo.) $ 27.00/ERU
Undeveloped ($2.2S/Mo./ERU)(12 MO.)(1.20 ERU/AC) $ 32.40/AC
All properties within the Lake Worth Drainage District, as indicated by tha
Palm Beach County name-address-leg41 file (NAL) shall receive a
diacount.
All properties for which the City does not provide tor the maintenance of
street drainage systems shall receive a 25\ discount.
'!\' A specific condo factor (0.0 - 1.0) has been determined for each
condominium development. A list of those factors is attached.
,
EXHIBIT B
City of Delray Beach
Envi~onmental Services Department
Stormwater Utility Division
February 19, 1991
Condominium Factors
.___.._____Ba.e~~~e______..._.._.......~.
Condominium Property 1.0. ERU/Unit
&________._._...__ _.._...~*____b *'-~~~~~
1 Admiral Apts. 1243461648 0.10
2 Anchorage 1243461663 0.36
-
3 Balmoral 1243462119 0.57
4 Banyan House 1243462118 0.52
S Banyan Tree ViII. 1243462130 0.96
6 BaT:' Harbour 1243461636 0.39
7 Barr Terrace 1243461644 0.38
8 Barr-ton Apts. 1243462122 0.46
9 Beach Cabanas 1243461667 0.64
10 Beekman 1243460941 0.70
11 Bermuda High 1243462814 Loa
12 Bermuda High S. 1243462815 0.94
13 Bermuda High W. 1243462841 1.00
14 Brooks Lan. 1243462129 1.00
15 CambridS8 1243462823 1.00
16 Captains Walk 1243463333 0.86
17 Calla Del Mar 1243462US 0.49
18 Chevy Chase 1243460940 0.70
19 Churchill 1243462132 0.60
20 Coastal House 1243462825 0.41
'.
c.;ondOJll.lJllWJI raC~OrlO
.___._a&8_____.....----...cSG==~.e=~~.=~~~~~
Condoroiniwu Property 1.0. ERU/Unit
~______.______. ___.__....~_B_ a_.~I:.--.
-_._,_.._.
~1 Commodore Apts. 1243461649 0.70
22 Coral Cove 1243461654 0.70
23 Costa Del Rey 1243462835 0.63
24 Costa Del Rey N. 1243462846 0.77
25 Court of Delray 1243462829 0.40
26 Crest 1243461657 0.79
27 Del Hal'bour 1243462824 0.32
2.8 Del Haven 1243462121 0.74
29 Delray Deh Club 1243462834 0.47
30 Delray Estates 1243461910 0.55
1243461913
1243461915
1243461926
;1 Delray Harbour Cl. 1243462142 0.44
32 Delray Oa)ts 1243463002 0.95
33 Delray Oaks W. 1243463014 0.95
34 DeIray SWlIDlt 1243461633 0.41
35 Domaine Delray 1243462143 0.91
36 DOV8l" House 1243461678 0.48
37 Bast Haven 1243461637 0.70
1243461638
38 Eastview V111. Sq. 1243462845 1. 00
39 Eastwinds 1243463019 0.69
40 800 Ocean Pl. 1243460942 1.00
41 Environment I 1243463017 0.93
42 Fairway 1243461911 1.00
43 Fall R1dS8 1243462036 1.00
.
Condominiwn Property 1. D. ERU/Unit
~=...__=._=__...._ ~~~_~=_.s~sa.= =:=s..sss..
44 First Encounter 1243461818 0.70
45 Goltvlew Culony 1243401929 1.00
46 Gressnsward ViII. 1242462403 0.91
47 Grove 1243461659 0.99
48 Hamilton House 1243462127 0.77
49 Harbour Villas 1243462839 0.56
50 Harbourside I-III 1243462126 0.67
51 Hiah Point 1242461310 0.76
1242461311
1242461312
1242461313
1243461807
1243461808
1243461809
1243461810
52 Imperial Manor 1243461631 0.70
53 Imperial Villas 1243461914 0.96
54 Inlet Cove 1243460960 1.00
55 Inner Circle 1243461652 0.72
56 Jardin Delmal" 12/13461658 0.83
57 Lago Del Rey 1243461918 0.86
124:3lt61932
1243461935
1243461937
58 Lakeview Greens 1242462405 0.90
59 Landings of D.D. 1243460954 0.63
60 Lavers Racquet C1. 1243462916 0.99
1243462921
61 Linton Ridge 1243462040 ' 0.39
62 Linton Woods 124346213~ 1. 00
63 Manor House 12434616AS 0.67
64 Martel Arms 1243460950 1. 00
'.
Condominium Factors
=______..__..._=~~__.__s.s.___=~__._5..=~S..
Condominiwu Property I.D. ElW/Un i t
-- ---__~~d~_. ~~~~8_________ ;:;:=:e...a.5=;'-
65 New Monmouth 1243461632 0.10
66 Ocean Aire 1243461642 0.70
1243461643
67 Ocean East 1243461650 0.70
68 Ocean Place 1243461674 1.00
69 Ocean Terrace 1243461634 0.70
70 Outrigger 1243462812 1.00
1243462813
71 Palm Square 1243461651 0.70
72 Palm Trail 1243460944 0.70
1243460945
73 Palm Villas 1243461927 1. 00
74 Park View Manor 1243461640 0.55
75 Penthouse Delray 1243462816 0.41
76 Pines of Delray 1243461916 0.72
77 Pines of Delray W. 1243461928 0.75
78 Plum 1243461664 1. 00
79Sabal.Pine 1243463001 0.85
60 Sabal Pine ~ast 1243463006 0.93
81 Sabal Pine South 1243463004 0.87
82 Seagate Manor 1243461639 0.51
83 Seagate Towers 1243461645 0.49
84 S8astone Apts. 1243460961 0.34
85 South Ocean 1243462836 1.00
86 South Shore Club 1243462137 1.00
87 Southridge 1243462046 1. 00
88 Southr1dge Village 1243462039 0.90
Condominium Factors
............___d..............____..........
Condominiwn Property 1. D. ERU/Unit
-- ~-..---_. ------------.. ..----
-
89 Southwinds 1243463022 0.69
90 Spanish River 1243461671 0.34
91 Span1sh Trail 1243462832 0.59
92 Spanish Wells 1242462503 0.72
1242462504
93 Talbot House III 1243461682 0.70
94 Town & Country 1243462913 0.57
9S T~opic Bay 1-17 1243462826 0.61
96 Tropic View 1243462859 1.00
97 Valhalla 1243460948 1.00
98 Waterv1ew Apts. 1243462120 0.67 .
99 Waterway North 1243460955 0.92
tOo WedgBwood 1243461641 0.70
J01 Williamsburg Inn 1243461656 0.70
102 Windemere House 1243461655 0.63
103 Winston 1243461670 0.56
104 Woodbrooke 1243461931 0.66
105 Country Hanors 1242461204 1.00
106 Coach Gate 1243461668 0.97
107 Tahiti Cove 1243461672 0.79
/08 Be~kshire I 1243462133 0.79
109 Pines of OeIray N. 1243460705 0.99
110 Serena Vhta 1243463310 1.00
III Pelican POinte 1243463234 1.00
..
Condominium Factors
.-==.....5~.~~=d_._..__.____..=~_._.._._~~e.
Condominium Property 1.0. ERU/Unit
.~~--.-.~. =------------- =:11..--
112 Tropic Harbor 124.3462811 0.49
1243462818
1243462819
1243462820
1243462822
1243462827
1243462828
113 Delray Prof. 1243460726 1.00
Il4 Marly 1243460949 0.58
115 Delray Colfview 1243461922 0.57
116 Rerkeshire II 1243461673 1.00
tl7 Waterway East 1243461662 1.00
t18 Vacation Beach 12'3461677 0.70
.19 Miramar Gardens 1243461681 1.00
120 Tropic Isle 1243462842 0.70
121 Fed Savings 1243460956 0.70
122 99 Seabreeze 12434616A6 0.69
123 Cove Apts 12434616A7 0.70
124 One ten Apt8 1243461681 0.70
125 Hadden Delray 12434616B2 0.70
126 1002 Ingraham 1243461653 0.70
127 1000 Ocean Terr. 1243461660 0.70
128 Vacant 1 1243"61665 0.70
129 1&2 Apts. 1243461666 0.50
130 210 SE 1 Ave 1243461669 0.70
131 355 .BIdS' 1243461674 1.00
132 336 Venetian 1243461676 0.70
133 303 Gleason 1243461679 0.70
. " .
Condominium Factors
_=-#~......m~=_d.._.__F.._....s~--_.._..~_e.
CondominiWD Property 1.0. ERu/Unit
_____~~___-.8G~ ...--------... a~......__
1
134 Vacant 2 1243461686 0.70
1243461687
1243461688
135 160 S.E. 6th 1243461689 1.00
136 Storall 1243461838 0.70
137 Vacant 3 1243461940 0.70
138 876 17th Ave. 1243461943 0.70
139 Gwenzell 1243462051 0.70
140 900 S.W. 15th 1243462054 0.70
141 16244 S. Milit.ary 1242462512 0.70
142 900 S. Ocean 1243462123 0.70
143 1705 Del Harbor 1243462136 0.70
144 1020 Casuarina 1243462148 0.70
145 Vacant 4 1243462149 0.70
146 505 S.E. 6th 1243462156 0.70
147 1040 Oel Harbor 1243462157 0.70
148 1708 S. Ocean 1243462837 0.70
149 The Points 1243463223 0.69
12434632 31
;~.~-----------~~.------_._~~~~-.---g---.
,
.,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i loE.. - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 28-92
DATE: September 4, 1992
This is the second reading and public hearing of an ordinance
adopting Comprehensive Plan Amendment 92-1 pursuant to the provisions
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 on 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 reyised approach to the 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,
which includes additional information with regard to the Leon Weekes
Preserve project and addresses the comments raised by Mr. Krause at
the August 25th regular meeting. It should be noted that the Planning
and Zoning Board recommended to change the ~and use to Low-Density
Residential.
Recommend approval of Ordinance No. 28-92 on second and final reading.
f~ 5~o
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-._- --~-- ~~--_.- --~_._-_._-_._-------------- ---- --- - -~-~ --...=:=:::-~.:....-_---
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 docwnent 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 with 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 intent 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
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"
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:~~D HARDEN, CITY MANAGER
FROM: AVI~~AC~~~
DEPARTMENT OF PLANNING AND ZONING
DATE: AUGUST 28, 1992
SUBJECT: 5-YEAR SCHEDULE - LEON WEEKES PRESERVE
I have received some more input regarding the desire to have the
construction of the Leon Weeks Preserve accelerateQ in the Five
Year Schedule of the Comprehensive Plan. Based upon that, I
suggest the following:
1. Do not advance the . entire project to FY 92/93 through
Amendment 92-1.
2. Proceed with the next level of plan preparation i.e.
costing and timeframe for Steps 1 through 7 of the
Master Plan; costs for Step 8 (including parking area); and
program for Steps 9 and 10. This project should be funded
through operating funds but can be funded with Parks and
Recreation Impact Fees. If fees are to be used, I suggest
that Joe Weldon provide a cost estimate by September 8th
and that it be placed in the FY 92/93 funding column i.e.
amendment to Amendment 92-1.
- . 3. Ascertain the costs by January I, 1993:
,
.
(a) if implementation costs are less than $100,000, the
project can proceed in FY 92/93. A "local" amendment
would be acted upon concurrent with the formal
determination to proceed with implementation.
(b) if implementation costs are greater than $100,000,
acceleration can be considered in Amendment 93-1. A
local decision would be made in March (transmittal
hearing) and (if approved) activity can commence so
that the project is ready to commence implementation
in October, 1993.
I believe that the above suggestion provides integrity for our
system, allows us to avoid addressing priorities among tennis
center funding, southwest park funding, and the preserve
funding (at this time) ; and provides the policy direction to
consider accelerating the implementation of the Weekes Preserve
Project.
DJK/cm
c: Joe Weldon, Director of Parks
.Joe Safford, Finance Director
John Walker, Advanpeg Plonn1nQ, Project Coordination
Leon ~f. \\'ee!-.es [rnironlllClllal Preservc Page 39
l. MANAGEMENT
I A. l\fAINTENANCE OF NATURAL CONDITION
To maintain natural conditions on the site Ihe trash Ihal has accumulaled over the
past years must be removed, the endangered species must be managed, and the exotic
organisms must be removed and managed. For some of Ihese items, controlled burning
seems to be the only solution. The following discussion address some of the specific
points of maintenance in more detail.
As dcscribed in the Interlocal Agreement. the following discussion assumes that
before any development is begun. steps will be takcllto maintain the site in a natural
condition. According to the data that we have gathered. such maintenance must begin with
a prescribed bum.
t B. SUGGESTED SEQUENCE OF EVENTS
Based on all the data that we have gathered. we feel that the following seqlience
would best serve the needs of all situations on Ihe sile.
STEP I. RE~IOVE TRASH.
STEP 2. RECHECK AND PROVIDE fOR ACTIVE TORTOISE BURROWS IN
WESTER,\j FIRE LA,'E.
STEP 3. CLEAR FIRE LANE.
STEP 4. Eoue.\, TE RESIDEI\;TS ON ~EED FOR BL:IC\IJ\G.
STEP 5. REI\IO\'E EXOTICS.
STEP 6. BURN THE SCRUB.
STEP 7. FENCE THE PARCEL AND PUT CP "No TRESPASSING" SIGNS.
STEP 8. ESTABLISH TRAILS AND E:--''TRA:-'CE KIOSK.
STEP 9. BEGIN TO PREPARE SITE-SPECIFIC EDL:CATIONAL MATERIALS FOR
TRAILS.
STEP 10. COORDINATE WITH LOCAL SCHOOLS FOR ENVIRONMENTAL
EDUCATION USAGE.
"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
~. ill~~
ID J. KOVACS, D CTOR
DEPARTMENT OF PLANNING AND ZONING
- ~ ~~~"~
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FROM: STAN WEEDON, PLANNER III
SUBJECT: MEETING OF SEPTEMBER 8, 1992
KRAUSE PROPERTY, FUTURE LAND USE MAP'AMENDMENT ITEM #3
OF COMPREHENSIVE PLAN AMENDMENT 92-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is the
consideration of a request from, Mr. Krause, regarding two
lots which he owns on N. Lake Avenue.
Amendment 92-1 proposes that the Future Land Use Map
designation on his property be changed from mixed use to
low density residential. There is no associated rezoning
consideration.
Mr. Krause desires that his land be given a land use
designation of General Commercial and that it then be
rezoned to General Commercial.
BACKGROUND/CHRONOLOGY:
A summary of actions and issues relative to the subject property
(Lots 4 & 5, Block C, La Hacienda Subdivision; 707 and 709 Lake
Avenue North) is attached. A synopsis of relevant aspects of
that history is also attached.
ANALYSIS:
The subject property is currently zoned RL (Low Density
Residential, 0 - 5 du/acre) with a Future Land Use Map
Designation of Mixed Use (Open Space, Medium Density Residential
and Transitional). Future Land Use Map Amendment Item #3 of
Amendment 92-1 proposes to amend the Future Land Use Map
designation from Mixed use to Low Density residential which is
consistent with the existing zoning. There is no change
proposed to the existing zoning.
.,
city Commission Documentation
Krause Property, Future Land Use Map Amendment Item #3
Page 2
Implications: Lots 4 & 5 are each 50' x 144' (7,200 sq. ft. ) .
Under present zoning a single family home is allowed on each. A
single family home exists on each. Under present zoning, the
lots can be combined and a duplex structure accommodated.
If commercial zoning is accommodated, the existing uses will
become non-conforming. Conversion to commercial use would
require provision of on-site parking and buffering between the
commercial lot and adjacent residential lots.
Consistency: While the change to a commercial zoning and land
use designation can be accommodated, it would generally be
inconsistent with direction in the Plan and the purpose of the
changes proposed in 92-1.
* General direction is that commercial use shoulq not
encroach into residential areas. Substantial municipal
investment has just been made to stabilize the residential
character of N. Lake Avenue. Mr. Krause's property does not
take access directly from Federal Highway.
* The change in 92-1 is to go from the Mixed Use concept to
purely residential in order to accommodate residential
stabilization which, in part, will be assisted by The
Anchorage.
Standards for Rezoning: Section 2.4.5(0)(2) of the LDR's lists
three valid reasons for approving a change in zoning:
1) That the zoning had previously been changed, or was
originally established, in error;
2) That there has been a change in circumstances which
makes the current zoning inappropriate; and
3) 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 only reason which would provide a justification for
consideration of a commercial land use designation for the
Krause property is that an "error" was made. Another option
wouid be to go to the land use designation of "Transitional"
would allow consideration of a Neighborhood Commercial rezoning
petition.
Section 3.3.2 of the LDR's provides four standards for rezoning
actions. Standards A, B and C are not applicable to this
consideration. Standard 0 applies to this consideration.
'.
City Commission Documentation
Krause Property, Future Land Use Map Amendment Item #3
Page 3
(D) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incomputability may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the
new use.
If (when) a rezoning petition comes forward, such a finding must
be made.
SUMMARY:
Both of the subject Lots are occupied by single family
residences. While Lot 4 was commercially designated and zoned
in the County and commercially zoned upon annexation to the
City, Lot 5 has always been residential. The acquisition of Lot
5 by Mr. Krause and his request for zoning to allow a duplex
structure on Lots 4 & 5 was consistent with the Comprehensive
Plan and was accommodated by the City. The request for
commercial zoning and land use on both Lots 4 & 5 is
inconsistent with the Comprehensive Plan, would expand the
encroachment of commercial activities into a stabilizing
residential neighborhood which has been supported by substantial
public investment. An alternative approach would be to alter the
designation in 92-1 to "Transitional". This would allow
consideration of a subsequent rezoning to NC or other
designations which are consistent with a Transitional Land Use
designation.
ALTERNATIVE ACTIONS:
The alternative actions available to the City Commission are:
1) To make no change to amendment 92-1 relative to Mr.
Krause's request, thereby affirming the designation of
Low Density Residential and the existing zoning of RL,
2) To accommodate Mr. Krause's request in its totality,
it would first be appropriate to enact 92-1 as
presented; then direct (concurrent action) that a
change from Low Density to General Commercial, with a
concurrent rezoning from RL to GC, be processed as a
part of Plan Amendment 93-1.
3) Delete Lots 4 and 5 from Plan Amendment 92-1 with
direction that they be designated as "Transitional"
(residual portion of the "mixed use" designation);
and, either:
a) take no further action, thus leaving the zoning
as it is and allowing Mr. Krause to petition for
rezoning to NC or any other consistent zone
designation; or,
"
City Commission Documentation
Krause Property, Future Land Use Map Amendment Item #3
Page 4
b) direct that the City, at its expense, process a
rezoning petition on behalf of Mr. Krause (from
RL to NC on both lots).
RECOMMENDED ACTION:
By motion, Delete Lots 4 and 5 from Plan Amendment 92-1 with
direction that they be designated as "Transitional" (residual
portion of the "mixed use" designation) and with further
direction that, if or when Mr. Krause would like to pursue a
rezoning to NC (or other consistent designation) that he do so
at his own expense.
Attachment:
* summary of actions/considerations pertaining to these lots.
* synopsis of relevant aspects of the history
. ~ -.-'-<'"".
.
SUMMARY OF ACTIONS AND ISSUES RELATIVE TO
KRAUSE PROPERTY AT 707 AND 709 N. LAKE AVENUE
There are two parcels involved, Lots 4 & 5 of La Hacienda
subdivision, Block C (Property Control Numbers
12-43-46-09-11-003-0040 and 12-43-46-09-11-003-0050). These two
properties were annexed to the City as part of Enclave 24.
THE ANNEXATION OF ENCLAVE 24
LOT 4 : The initial staff report to the Planning and Zoning
Board for the annexation of Enclave 24 recommended that Lot 4 be
annexed and zoned GC (General Commercial) as the then current
County Zoning was CG (General Commercial). The City Land Use
Plan designated Lot 4 as C (Commercial). Owner - Krause
LOT 5: The initial staff report recommended that Lot 5 be
annexed and zoned R1-A. The then current County Zoning for Lot
5 was MFR (Multiple Family Residential) and the City Land Use
Plan designation was SF (Single Family) . The R1-A zoning was
recommended given the existing single family use on Lot 5 and
the lack of any multiple family uses in the immediate proximity.
Owner - Ross, acquired by Krause 7/88.
BALANCE OF ENCLAVE 24: As there were few multiple family
dwellings in Enclave 24, the existing single family and duplex
residences were recommended for R1-A single family zoning as
this zoning was consistent with the City's Comprehensive Land
Use Plan designation of SF (Single Family and the majority of
the existing uses.
PUBLIC HEARING FOR ANNEXATION OF ENCLAVE 24: At the Planning &
Zoning Board public hearing on October 24, 1988, Mr. Krause
represented that he now owned both Lots 4 & 5. Lot 5 having
been purchased in July 1988. Mr. Krause testified that he would
like to build a duplex on his lots and would like a zoning which
would allow a duplex use of the property. Mr. Krause was
advised that he could construct a single duplex if the property
were rezoned to R-1A-C or RM-6.
At the Planning and zoning Board hearing, it was realized that
portions of the proposed annexation should be reexamined. To
save time and facilitate the initial annexation of Enclave 24 the
recommendation of the Planning and Zoning Board was to annex the
enclave and begin the reexamination immediately. The City
Commission held 1st reading of the annexation ordinance
(Ordinance 145-88) on November 8, 1988 with 2nd reading and
public hearing occurred on December 13, 1988.
1
It was noted in the Enclave 24 Rezoning staff report that as the
City developed its comprehensive plan, the relationship of
commercial uses on North Federal Highway would be examined as it
related to the existing single family development east of
Federal Highway and the possible need for a transitional zoning
between these uses would also be addressed. This became part of
the reexamination of the North Federal Highway area as well as
requests from owners that were received at the October 24th
hearing and subsequently via mail to the Planning Department.
Subsequent to the adoption of Ordinance 145-88 staff began a
reexamination of the zoning of certain areas of Enclave 24. This
examination resulted in a staff report prepared for a Planning
and Zoning Board public hearing on January 23, 1989.
Consideration of Mr. Krause's request led to a recommendation
that Lot 4 be rezoned from GC to RM-6 and Lot 5 from R1-A to RM-6
thereby allowing the construction of a duplex as requested by Mr.
Krause at the October 24, 1988 public hearing.
Subsequent to the Enclave 24 Annexation public hearings, Mr.
Krause also spoke with Mr. Weedon on a few occasions and was
made aware of the rezoning recommendation for Lots 4 & 5.
The rezoning to RM-6 was approved by the City Commission at 2nd
reading/public hearing on February 28, 1990 subsequent to a 1st
reading on February 14, 1990.
On June 27, 1990: Mr. Krause applied for and received a home
occupational license for "Dogpatch Enterprises", a business
office with an address of 707 N. Lake. Avenue (Lot 4). This Lot
had been zoned GC upon annexation but was rezoned based upon the
applicant's request and testimony to RM-6.
OCTOBER, 1990: Adoption of LDR's and rezoning of subject
parcels, Lots 4 & 5, to RL.
There are lots both north and south of Lots 4 & 5 which are zoned
commercial (either initially or in the subsequent rezoning)
because of existing commercial uses or licenses which exist for
the properties. (See attached Map)
NOVEMBER 1990 - Correspondence between DJK and attorney for Mr.
Krause.
FEBRUARY 1992: Certificate of Occupancy granted for 709 (Lot
5) , interior alterations, plumbing and electrical to a
residential structure.
TRANSMITTAL OF AMENDMENT 92-1, 1992: The changes to Mr.
Krause's property per Amendment 92-1 are that the Future Land
Use Map designation f or both Lots 4 & 5 would be changed from
Mixed Use to Low Density Residential. The current zoning of
both parcels is RL (Low Density Residential 0-5 du/a), which is
consistent with the existing and proposed land use designations.
A duplex is allowed as of 10/88.
.,
At the P&Z Board hearing for the Future Land Use Map Amendment
to the North Federal Highway area, Mr. Krause testified that he
has repeatedly asked for commercial zoning on Lot's 4 & 5 and
requests that the Board designate and rezone both of his lots to
Commercial.
Mr. Weedon subsequently met with Mr. Krause and reviewed the
record with him. Mr. Krause was given copies of the staff
reports and minutes of the P&Z meeting (annexation) and it was
suggested he review these materials and get back with Mr. Weedon
regarding his desires/reaction.
ADOPTION OF AMENDMENT 92-1: Mr. Krause appeared before the City
Commission at the first reading of the adoption ordinance for
Amendment 92-1 (August 25, 1992) and repeated his request and
history of asking for commercial zoning on Lots 4 & 5.
Krauses.doc
,.
SYNOPSIS
SITUATION LOT 4 LOT 5
Land Use Designation, City C SF
(Prior to 11/89)
Zoning, pre-annexation (County) CG MFR
Proposed and adopted initial City GC R-1-A
zoning upon annexation of Enclave 24
(10/88 - 12/88)
Land Use Designation, Future Land Use Mixed Use
Map adopted with Comp Plan (6/89 - 11/89)
Enclave 24 rezoning., accommodation of RM-6 RM-6
request by Mr. Krause as presented at
the annexation public hearing
(12/88 - 2/90)
July, 1990, Home Occupation License H.O. -----
issued for 707 N. Lake (Lot 4) License
(has since expired)
LDR City-wide Rezoning action RL RL
[9/90 Krause stated a mistake was being made.
He met with staff and then did not provide
testimony at public hearing. Kovacs letter
to his Attorney (12/90) relayed the above info.]
February, 1991, interior improvements --- C.O.
to residence at 709 N. Lake (Lot 5)
Plan Amendment 92-1 from Mixed Use to
* comments by Krause at P&Z Hearing Low Density (0-5)
in March, 1992
* met w/Stan again and reviewed record
* special letter (2nd) sent for
CC adoption hearing in July
* comments by Krause at August 25th mtg.
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"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~
THRU: DA 10 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 92-1. 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
l6, 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 aRC Report" includes the objections,
recommendations, and comments transmitted to the City in the aRC
Report. In addition, the non-aRC Report comments and objections
raised by the review agencies, and not included by DCA as a part
of the aRC 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 aRC 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.11).
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-1, 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 I-II, 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, CRA/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-II, p. 52) . Replaced by FIND MSA 650.
3. Modifications to the future land use
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 and pedestrian accident
locations, and recommendations of mitigation methods.
(Item XII-2, p. 23)
5. Reestablishment of the Automobile dealers locational
policy, etc. (Item VII-I, 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 (LDR) 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.OO6(3)(b)S.; 9J-S.012(3)(b)6.; 9J-S.012(3)(c)7.;
and 9J-l1.006(3), F.A.C.
Recommendation: Retain the current land use designation
(LDR) or change the land use designation to a use which has
a density which is equal to or less than the current land
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.OO6(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 (LDR'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 .urn.
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)I.;
9J-5.007(3)(c)I.; 9J-5.0l5(3)(b)3.; 9J-5.057(7) and
9J-ll.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 92-1.
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-5.021,
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.
City 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.l (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-5.021,
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
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RESPONSE TO O.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 ONR and TCRPC regarding the potential impacts of the
modifications of Policies C-7.1 and C - 8 . I 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.
Ci ty Response: In consideration of the comments from ONR 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. 'lKete lltKal1 kSe
n0 t0nllttt~ttl0n ealltt 0t tKe et0lltI0n t0ntt01 lIne 0tKet tKan t0t
Ilte~~at~ t0wetllt 0t attelltllt tatIlltlelltl 0yet ~~ne 0t Ye~etatlYe
t0~~nItIelltl to tKe kSeatK. (b3)
Policy C-7.1: The highest priority for shoreline use in the
Ci ty of Oelray Beach shall be for beach purposes which shall
include recreation and conservation. There shall be no
commercial development nor water-dependent development (except
the beach) or water-related uses along the shoreline which abuts
the beach. Residential development shall not exceed a height
greater than 48' from the elevation of the crown of Highway
A-I-A and shall be constructed welltt 0t tKe t0allttal t0nllttt~ttl0n
tIne in accordance with the City's Shore Protection Ordinance.
(c8) [LOR Section 4.5.5(0)]
Policy C-8.1: The City shall continue to administer its adopted
requlations which prohibit non-beach related (see Ob;ective 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). Allt a patt 0t tKe lan~
~llte te~~latI0nllt to kSe a~0pte~ wItKIn 0ne teat 0t tKe llt~kSmIlltlltl0n
0t tKe Planl tKe tItt lltKal1 a~0pt ate~~latl0nllt wKItK pt0KIkSIt
t0nllttt~ttl0n llteawatll1 0t tKe t0allttal t0nllttt~ttl0n t0ntt01 tIne
anll1 tKe lt0lltI0n t0ntt01 tIne (kS0tK allt ellttakSlllltKe~ kSt tKe
0epattment 0t Kat~tal Rellt0~ttelltl. (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
Ob1ection: 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 I -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.
Ci ty 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(D)).
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 Emerqency Management
Obiection: 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.
5. Palm Beach County
No objections or adverse comments.
8
.0
6. Treasure Coast Regional 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.l 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(D)) .
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 1991 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 1~93.
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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tr.r1.
SUBJECT: AGENDA ITEM I ~ - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 36-92
DATE: September 4, 1992
This is the second reading of an ordinance rezoning and placing land
presently zoned R-1A (Single Family Residential) district in CF
(Community Facilities) districtj 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 second and final
reading.
P\1.A. CA, ~ on ~ at ~ ~t!
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-
--
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 :rHE
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 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
i 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
I declared by a court of competent jurisdiction to be invalid, such
I decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid.
I
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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
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.j -2- Ord. No. 36-92
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C I T Y COM MIS S ION DOC U MEN TAT ION -~
TO: ~D T. HARDEN, CITY MANAGER
THRU: I~J~~
~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 CF.
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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 Street from 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-1A (Single Family Residential) to CF
(Community Facilities).
Attachment:
* P&Z Staff Report
PD/CCTENRZ.DOC
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PLANNING & ZONING BOARD
CITY 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 Conjunction with the Expansion of the Municipal Tennis Center
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GENERAL DATA:
Owners........................City of Delray Beach, Florida; Mose and
Lizzie Bonds; Marie Duncan; A. M. and Ro1ene
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 NW 1st
Street; and the northwest corner of NW 2nd
Avenue and NW 1st Street.
Property Size.................l.63 Acres
City Land Use Plan............Redevelopment Area '1 and Residential - Low
Density (0-5 d.u./acre)
Existing zoninq...............R-1A (Single Family Residential)
Proposed Zoninq...............CF (Community Facilities)
Adjacent Zoning........North: R-1A
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
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I T E M S E FOR E THE S 0 A R 0:
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 N.W. 2nd Avenue.
SAC K G R 0 UNO:
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 -1A 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-lA 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 T o ESe RIP T ION:
The rezoning request involves approximately 1. 395 acres (Lots
l-6) and .238 acre (Lot l6) 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 l6 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 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 requested zoning change is from Rl-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-I 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 4.4.2l(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 oelray 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 ~s 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.)
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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' within 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 the
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 tor Rezoning Actions) along
with required findings in Section 2.4.5(0) (5) (Rezoning
Findings) shall be the basis upon which a findinq of overall
consistency is to be made. Other objectives and policies tound
in the adopted Comprehensive Plan may be used in the making ot 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 tollows:
A) That rezoning to other than CF within 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 it an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adver.e impacts from the new u...
.
P&Z staff Report
Tennis Center - Rezoning
Lots 1-6, of Block 44 & Lot 16 of Block 43 of Town of Oe1ray Plat
Page 5
The subject properties are currently zoned RI-A (Single
Family Residential). To the north and west is property
zoned Rl-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 la' 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.
LOR 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. Tha t the zoning had previously been changed, or was
originally established, in error;
b. Tha t 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 Ci ty to meet the recreational needs of its
residents. Further, the CF district is deemed compatible with
the Future Land Use Map designations.
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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 applicable
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,
enhancinq 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 Aqency:
The Communi ty 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".
ALTERNATIVE 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.S(D){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).
STAFF R B COM M B N 0 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
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5-0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtrr1
SUBJECT: AGENDA ITEM i /0. F. , - MEETING OF SEPTEMBER 8. 1992
CONDITIONAL USE REOUEST/TENNIS STADIUM
DATE: September 4, 1992
This item is before you to approve a request for conditional use
approval to establish a Tennis Stadium as a part of the Municipal
Tennis facilities.
The proposed expansion will result in an increase from 12 to 19
tennis courts. The stadium will contain approximately 1,284 permanent
box seats and 1,789 permanent grandstand seats. During the 10 day
Virginia Slims Tournament, approximately 5,200 temporary bleacher
seats will be erected abutting the east and west grandstand seating.
The tennis courts within the stadium will be at existing grade. The
box seats will rise to an elevation of 11 feet, the grandstand seats
22 feet. Under the north end of the grandstand seating, two permanent
bathrooms with twelve fixtures each are proposed. Maintenance,
storage and mechanical rooms are proposed under the south end of the
grandstand seating.
The stadium will be lit to Television Broadcast standards, 125 candle
power" positioned on 65 feet high poles.
The Planning and Zoning Board at their August 20th meeting held a
public hearing on the conditional use request. During the public
hearing two members from the public spoke. One person objected to the
City's considering of a conditional use request for property that it
does not own. The other person voiced concern with regard to the
potential noise, lighting and traffic associated with the Tennis
Stadium. The Board then recommended approval of the conditional use
request.
The Board of Adjustments at their August 20th special meeting
considered variances to open space, offsite parking, setbacks, fence
heights, and lighting intensities. Variances were granted for
setbacks, fence heights, and lighting intensities; while the variances
for open space and offsite parking were denied. The open space
requirement has been met through a redefinition of the site. The
off site parking issue will be accommodated by an LDR amendment. An
additional amendment may be required to accommodate the lighting on
the northwest corner of the site.
The Site Plan Review and Appearance Board recommends approval. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request for conditional use approval for the
expansion of the Municipal Tennis Center.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: GVro T. HARDEN, CITY MANAGER
THRU: ~~-ioVk~TOR
D~ARTMENT PF. PLANNING AND ZONING
~~
FROM: PAUL DORLING PLANNER II
SUBJECT: MEETING OF SEPTEMBER 8, 1992
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A TENNIS STADIUM AS PART OF THE MUNICIPAL TENNIS
FACILITY LOCATED AT THE NORTHWEST CORNER OF N.W. 1ST
AVENUE AND ATLANTIC AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a "Tennis
Stadium" as part of the Municipal Tennis Facilities.
The project is located at the northwest corner of N.W. 1st
Avenue and Atlantic Avenue.
BACKGROUND:
The Conditional Use request is to establish a "Tennis Stadium"
which will be part of the proposed expansion of the existing City
Tennis Center. The expansion will result in an increase from 12
courts (10 clay and 2 hard courts) to 19 courts (13 clay and 6
hard courts). Two of the hard courts will be built to
championship specifications, Court 1 and the Stadium Court.
The stadium will contain approximately 1,284 permanent box seats
and 1,789 permanent grandstand seats (bleachers with backs) .
During the 10 days of the Virginia Slims Tournament, 5,200
temporary bleacher seats will be erected abutting the east and
west grandstand seating. The temporary seating will extend over
two tennis courts to the west and into a green area and
parking/service area to the east.
The tenni s court within the stadium will be at existing grade.
The box seats will rise to an elevation of 11', grandstand seats
will reach an elevation of 22' . Under the north end of the
grandstand seating, two permanent bathrooms with twelve fixtures
each are proposed. Maintenance storage and mechanical rooms are
proposed under the south end of the grandstand seating.
..
City Commission Documentation
Conditional Use Request of to Establish a Tennis Stadium as Part
of the Municipal Tennis Facility
Page 2
The Tennis Stadium will be lighted to television broadcast
standards, requiring lights of 125 candle power positioned on 64'
high poles at each corner of the stadium. The stadium will also
be equipped with a P.A. System for use at events.
The Conditional Use request also involves the closure of N.W. 1st
Street. Physical improvements are proposed within N.W. 1st
Street which include a portion of Courts 1-4, associated
perimeter fencing, temporary bleachers and landscaping. The
encroachment of physical improvements in the public right-of-way
will require approval by the City Engineer.
A private garage for a single family home located on Lot 8, Block
43 (north side of N.W. 1st Street) takes access from N. W . 1st
Street. Provisions for an alternative access from N.W. 3rd
Avenue to the alley east of the lot is provided on the site plan.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of August 20, 1992, the Planning and Zoning Board
held a public hearing in conjunction with the request. During
the public hearing two members of the public spoke: Michael
Brown, attorney for the owners of Lots 1-6, Block 44 who objected
to the City considering a Conditional Use request on property it
does not own; and Nadiene Hart of 205 N.W. 2nd Street who was
concerned about potential noise, lighting and traffic associated
with the Tennis Stadium. After public testimony the Board
recommended approval of the Conditional Use request on a
unanimous 6 to 0 vote (Currie absent).
RELATED ACTIONS:
The Board of Adjustment considered variances to open space,
offsite parking, setbacks, fence heights, and lighting
intensities at a special meeting on August 20, 1992. Variances
were granted for setbacks, fence heights, and lighting
intensities while variances were denied for open space and
offsite parking. The open space requirement has been met through
a redefinition of the site while the offsite parking will be
accommodated through a LDR amendment which is before the City
Commission as a separate item. An additional LDR amendment may
be required to accommodate lighting of 100 candles on Courts 2-4
at the northwest corner of the site.
The Site Plan Review and Appearance Board reviewed and approved
the Site plan for the Municipal Tennis Facility on September 2,
1992.
,.
City Commission Documentation
Conditional Use Request of to Establish a Tennis Stadium as Part
of the Municipal Tennis Facility
Page 3
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish a
tennis stadium as part of the municipal tennis facility and
approve the associated closure of N.W. 1st Street based upon
findings as made by the Planning and Zoning Board subject to
Submittal and approval of an acceptable parking program
prior to utilization of the stadium for special events other
than Virginia Slims Tournament.
Attachment:
* P&Z Conditional Use Staff Report
PD/CCTENCU.DOC
'.
PLANNiNG & LUl\JU~\.i bUAhu
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: Au~ust 20, 1992
AGENDA ITEM: I1.B.
ITEM: Conditional Use Request for Sitin~ of a Tennis Stadium
Upon City Owned Land, Existing Municipal Tennis Complex
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GENERAL DATA:
Owner......... ........ .... ....City of Delray Beach, Florida
Location........ ..............Northwest corner of NW 1st Avenue
and Atlantic Avenue.
Property Size................. 8.23 Acres
City Land Use Plan............Community Facilities,
Redevelopment Area .1 and
Residential - Low Density (0-5
d.u./acre) .
Existing Zoning...............R-IA (Single Family Residential)
and CF (Community Facilities)
Proposed Zoning...............CF
Adjacent Zoning........North: R-1A and CF
East: OS SHAD
South: CF
West: R-1A and GC (General Commercial)
Existing Land Use.............Existing Tennis Center, vacant
properties, NW 1st Street, and
three Single Family Residences.
Proposed Improvements.........Co~~unity Tennis Center.
Water Service............... ..Existing 2" water main In NW Jrd
Avenue, existing 2" 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 site, and an
existing 8" sanitary sewer II.B.
maIn In W" 1st Street.
I T E M B ! FOR ! THE BOA R 0:
The action before the Board is that of making a recommendation
on a Conditional Use request to establish a "Tennis Stadium" as
a part of the Municipal Tennis Facilities.
The property is bounded by Atlantic Avenue to the south, N.W.
1st Avenue to the east, N.W. 3rd Avenue to the west and
generally by N.W. 1st street on the north.
A sketch plan is accompanying the request and is attached as
Exhibit "A" for your reference. A full site plan has been
submitted for review by the Site Plan Review and Appearance
Board (SPRAB). The scheduled review date is ~eptember 2, 1992.
B A C K G R 0 UNO:
The tennis stadium will be located on the existing City Tennis
Center site. A portion of the site (Lots 7-16 Block 44 was
acquired by the City from A.J. McGrew via a tax default (tax
years 1927-1936). Block 52 and the south 1/2 of Block 51 were
acquired at approximately the same time. In August, 1935 a
field house, tennis courts, playground, playing field and
bleachers were constructed by the Works Project Administration
on a portion of the property. The field house was demolished to
make way for the current Community Center and additional tennis
courts in 1960. The underlying streets N.W. 2nd Avenue and N.W.
1st Street, were abandoned by Resolution No. 1225 on February
22, 1960.
Additional property, Lots 1-6, Block 44, and Lot 16, Block 43,
are currently in the process of being acquired by the City.
PRO J E C T DES C RIP T ION:
The Conditional Use request is to establish a "Tennis Stadium"
which will be part of the proposed expansion of the existing
Ci ty Tennis Center. The expansion will result in an increase
from 12 courts (10 clay and 2 hard courts) to 19 courts (13 clay
and 6 hard courts). Two of the hard courts will be built to
championship specifications, Court One and the Stadium Court.
The stadium will contain approximately 1,200 permanent box
seats and 1,800 permanent Grandstand seats (bleachers with
backs) . During the 10 days of the Virginia Slims Tournament,
5,200 temporary bleacher seats will be erected abutting the east
and west grandstand seating. The temporary seating will extend
over two tennis courts to the west and into a green area and
parking/service area to the east.
The tennis court within the stadium will be at existing grade.
The box seats will rise to an elevation of 11', grandstand seats
will reach an elevation of 22'. During the 10 days of the
tournament the west temporary bleachers will have a maximum
'.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 2
elevation of 36' and east temporary bleachers a maximum
elevation of 23'. Under the north end of the grandstand
seating, two permanent bathrooms with twelve fixtures each are
proposed. Maintenance storage and mechanical rooms are proposed
under the south end of the grandstand seating.
The Tennis Stadium will be lighted to Television Broadcast
standards, requiring lights of 125 candle power positioned on
65' high poles at each corner of the stadium. The stadium will
also be equipped with a P.A. system for use at events.
The stadium will be utilized for the Virginia Slims Tournament
during the last week of February, first week of March of each
year. In 1993, the ten day event will open with qualifying
matches on the weekend prior to the tournament (Feb 26-28). The
regular tournament play will run the following week, Monday
through Sunday (March 1-7). The facility will open at 10:00
A.M., with first matches to start at 11: 00 A.M. and will
continue to approximately 5:00 P.M. The stadium would then be
cleared for the evening matches which will begin at 6:00 P.M.
The weekend hours will be from 2:00 P.M. to 6:00 P.M. The
daytime matches are anticipated to have a 50% attendance rate,
while the evening and weekend matches are anticipated to have
100% attendance.
During the balance of the year, the Stadium will be utilized for
special events, the junior high tennis circuit, etc.
CON D I T ION A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The current Land Use Designation for the entire Tennis
Facility is Redevelopment Area #1, eF, and Low Density
Residential, 0-5 units per acre for Lot 16.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 3
The Future Land Use Map designation for the portion along
N.W. 3rd Avenue and Atlantic Avenue is Redevelopment Area
11- This redevelopment area is a corridor along Atlantic
Avenue eastward of 1-95 to Swinton Avenue. The land uses
are comprised of a mix of single family homes, duplexes,
mini-parks, scattered vacant parcels and commercial uses
along Atlantic Avenue and N.W. 5th Avenue. The Future Land
Use Element states the following regarding proposals for
properties located in redevelopment areas:
If a private development proposal is made within a
redevelopment area, one of the following options shall
be pursued:
. Acceleration of the redevelopment plan and
deferral of the land use request until the plan
is completed; or,
. Consideration of the use request on its own
merits with the existing zoning and policies of
the Comprehensive Plan guiding the disposition of
the request.
This is a request to establish a tennis stadium in
conjunction with the Municipal Tennis center expansion.
There is currently no redevelopment plan underway for this
area, and it would not be practical to defer action on this
request until such a plan has been prepared.
In a separate action, the entirety of the facility is being
rezoned to the CF designation. Pursuant to the purpose
statement for CF zoning [Section 4.4.2l(A)], it is deemed
compatible with all land use designations shown on the
Future Land Use Map.
The purpose statement of the CF zone district states that
CF zoning is a special purpose zone district primarily
intended for facilities which serve public and semi public
purposes. Within the CF zone district, tennis stadiums are
allowed as Conditional Uses.
Given the above, it is appropriate to consider this request on
its own merits, under the proposed zoning.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. Thes. facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
'.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 4
Streets and Traffic:
Pursuant to the Palm Beach County Traffic Performance Ordinance,
the Virginia Slims Women's Tennis Tournament is classified as a
special event and is not subject to the Traffic Performance
Standards. However, reoccurring events are not exempt.
Therefore, Traffic Performance Standards need to be met using
the following formula:
A determination of the anticipated number of week-day
events per year and the anticipated size of the crowds
would be ascertained. The total weekly attendance per year
would be divided by 260 week days per year to determine the
average daily trips generated.
Thus, prior to use of the stadium for activities other than a
"special event", approval under the CTPO (County Traffic
Performance Ordinance) will be required. Such an approval
cannot be pursued until a use program is established.
While Traffic Performance Standards are not an issue with the
tournament, the potential traffic impact of the stadium events
is a concern. A traffic engineering consultant has been hired
to assist in creating a traffic/parking program. Without an
organized traffic program, the traffic impact is anticipated to
be 900 vehicles (3,000 seat permanent stadium) coming to and
from an event. The existing four lane Atlantic Avenue can
support a demand of only 900 additional inbound vehicles during
a weekday daytime, and 750 inbound vehicles on a weekday evening
without a noticeable reduction in level of service. It is
estimated that during the weekday daytime, Atlantic Avenue can
support 350 additional vehicles in the outbound direction. In
the evening, the available capacity will be increased to l,350
outbound vehicles. Based on projected traffic demands, the
anticipated areas of congestion would include:
. 1-95 interchange
. Atlantic Avenue (Swinton Avenue to 1-95)
. N.W. 1st Avenue, adjacent to the site
. Atlantic Avenue and N. W. 1st Avenue intersection
. Swinton Avenue (North 1st Street to South 1st Street)
The preliminary traffic report for the stadium has recommended
the following improvements to maintain a reasonable level of
service with respect to traffic operations under a scenario of
major event parking being primarily in the CBD. These
improvements will not remove congestion, but will assist in
managing it.
. 1-95 ramp signal on Atlantic Avenue - needs police
control.
. Atlantic Avenue third lane eastbound and westbound
this will require special signing during tournament
demand times.
P&Z staff Report
Tennis Stadium - Conditional Use
Page 5
* Atlantic Avenue and N.W. 1st Avenue - police
controlled.
* Atlantic Avenue and Swinton Avenue - police
controlled.
* Swinton Avenue and South 1st Street - police
controlled.
* Atlantic Avenue - eastbound closure of first block
east of Swinton Avenue, this will force traffic to
utilize the one-way pairs and allow for orderly
distribution to available parking lots.
* Swinton Avenue and North 1st Street - police
controlled
Other approaches to traffic and parking are available with
respect to a major event such as the Virginia Slims Tournament.
Traffic impacts may be further reduced depending upon the
specific parking solution which is selected, i.e. potential
off-site shuttle components (see discussion under Parking).
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 property. The tennis stadium will increase
potable water consumption demands associated with events in the
3,000 permanent seated stadium, as well as the anticipated 8,200
Virginia Slims attendees. However, this demand with respect to
water system concurrency is not a concern.
Sewer: An 8" sewer mains exist within N.W. 3rd Avenue and N.W.
1st Street, and internal to the existing tennis center site.
The associated tennis stadium with 3,000 permanent seats will
have permanent bathrooms with 12 fixtures each. During the
Virginia Slims tournament event additional, portable facilities
will be provided. Anticipated sewage flows will not impact
levels of sewer service.
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: A increase of solid waste material is anticipated
with the operation of the tennis stadium. This increase would
be compounded during the annual Virginia Slims Tournament.
Solutions for handling the solid waste will require additional
manpower to collect and process material similar to the manner
in which other special events are handled, i.e. Delray Affair.
.,
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 6
Drainage: The tennis stadium will be part of the overall
drainage system for the tennis center which 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.
After consideration of several alternatives, 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 is ideal as the natural elevations are
lower than the surrounding area.
Consistency: Compliance with the performance standards set
forth in Section 2.4.5(1)(5) (Conditional Use Findings) shall be
the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of
overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
Open Space and Recreation Element - Objective A-2: Park
and recreation facilities shall be adequately and
efficiently provided through implementation of the
following policies: (b3)
Open Space and Recreation Element - Policy A-2.l: 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. (cS)
Open Space and Recreation Element - 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, enhancinq existinq
facilities, and adding specialized items such as "tot lots"
to existing facilities.
Future Land Use Element - Policy C-2.4: The eastern
portion of the Atlantic Avenue redevelopment area shall
focus upon governmental and institutional uses thus
building upon the current investments in the County
Courthouse and City Hall expansion programs.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 7
The creation of a tennis stadium and refurbishing of the
existing tennis center will create a first class tennis facility
which meets the policies and objectives expressed above. In
addition, the refurbishing of the tennis center has been a
long planned improvement which will benefit all residents of the
City.
Section 2.4.5(E)(5) (Standards tor Conditional Us. Actions):
Pursuant to Section 2.4.5(E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establi8hing the Conditional Us. will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by R-lA zoned properties to the west and
north, OSSHAD to the east, and Community Facility to the south.
The existing land uses to the west and north are single family
homes, to the east commercial and residential uses and to the
south Community Facilities (Palm Beach County Court House) and
commercial uses.
Compatibility concerns with the tennis stadium revolve around
the following issues:
Noise:
The tennis stadium will have a permanent public address system.
This P.A. system is anticipated to generate decibel levels of
between 90 and 100 at adjacent property lines. Pursuant to
Section 99.05 of the City Code of Ordinances, the maximum
allowable decibel level is 60 exterior and 45 interior daytime
levels, and 55 exterior and 45 interior evening levels.
The P.A. system is a necessary component of the proposed tennis
tournament activities. Mitigation of the associated noise
impact is difficult. Landscape material provided to the
perimeter of the site, i.e. trees and hedging, will have limited
buffering qualities. To reduce concerns over the noise levels,
it is recommended that the number of events which require
amplification over the maximums allowed by Section 99.05 be
limited.
Pursuant to Section 99.30, the City Manager has the authority to
grant special variances to noise restrictions for events not
exceeding 10 calendar days on a once-a-year specific event
basis. This special variance provision will be utilized to
accommodate the Virginia Slims Tournament. Other events which
exceed the decibel maximums will require special variances from
the Board of Adjustment or the City Manager.
'.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 8
Liqhting:
Lighting intensity is also a concern, as the tennis stadium will
be lighted to television standards of 125 candle power during
the Virginia Slims Tournament Event. Lighting alternatives are
being considered which would allow selection of less intense
lighting during normal operating hours versus special events.
Pursuant to LOR Section 4.6.8(A)(3), light intensities of up to
100 candles are allowed in display and storage areas, and 40
candles in all other areas. A variance from the Board of
Adjustment has been requested. All attempts will be made the
rest of the year to maintain lighting at the minimum levels
necessary to accommodate specific uses (see further discussion
under LDR Compliance). Perimeter hedging to be maintained at
6, , as well as trees 25' on center will be provided to mitigate
the spillover of lighting onto adjacent residential areas.
Parking:
Pursuant to Section 4.6.9(E)(2) all required off street parking
mus t be provided. on the same lot as the uses for which it is
required. Given the unique nature of the facility, parking for
3,000 permanent seats (900 spaces) or 8,200 permanent and
temporary seats (2,460 parking spaces) cannot be provided on
site.
There is a potential for vehicles to park wherever possible
around the site. Additional police enforcement will be
necessary to minimize illegal parking during events utilizing
the stadium. Several parking solutions are being developed and
all factors including minimization of negative impacts on
adjacent properties will be considered when selecting the
acceptable parking solution (see further discussion under LDR
Compliance) .
Aesthetic Impacts:
The permanent stadium (1,200 box seats and 1,800 grandstand
seats) will have an elevation of approximately 22'. All events,
with the exception of the Virginia Slims Tournament, are
anticipated to utilize this permanent structure. Specific for
the tournament (10 days per year), temporary bleachers will be
erected on the east and west sides of the permanent stadium.
These bleachers are expected to reach an elevation of 36' on the
west side of the stadium, and 23' on the east side of the
stadium. Aesthetic impacts may be experienced with the stadium
and these temporary structures.
For the 50 weeks per year in which utilization of the permanent
stadium is anticipated, the perimeter buffering consisting of
12' high windscreened fencing, 6 ' hedging and trees 25' on
center should be adequate. However, during the Virginia Slims
Tournament bleachers having an elevation of 36' will be 15' from
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 9
~
the west property.line. To reduce the adverse aesthetic impact
'the temporary. bleachers will produce, additional vertical
elements of substantial height should be provided immediately
adjacent to the west temporary seating. In addition, soft
colors should be considered for the bleacher structures.
Compliance with Land Development Regulations:
Lighting Intensity: The tennis stadium will be lit to
television standards of 125 candle power. Pursuant to Section
4.6.8.{A){3), light intensities of up to 100 candles are allowed
in display and storage areas, and 40 candles in all other areas.
A Board of Adjustment variance is being sought to accommodate
the increase in lighting intensity to 125 candles for special
events such as the tournament. To minimize the impacts of the
lighting on adjacent property, lights which provide two levels
intensity are being explored for the tennis stadium. One level
would provide normal operating intensities of approximately 40
candles, and the second an intensity of 125 candles required for
television viewing associated with the Virginia Slims
Tournament. All attempts will be made during the normal
operation of this facility throughout the remainder of the year
to maintain lighting at minimum levels.
Parking: Pursuant to Section 4.6.9{E){2) all required off
street parking must be provided on the same lot as the uses for
which it is required. Section 4.6.9(C)(6)(a) requires .3
parking spaces per seat or 1 parking space per 50 sq. ft. total
floor area, whichever is greater. This equates to a requirement
of 900 spaces on a permanent basis and up to 2,640 spaces during
the tournament and other special events (8,200 seats) . Given
the unique nature of the facility with varying levels of demand,
it is not practical to provide all this parking on site on a
permanent basis. A variance to this section has been requested
from the Board of Adjustment based upon the unique nature of the
use.
Contractually, the City's obligation for the Virginia Slims
Tournament is to provide 750 parking spaces within 1,500' of the
site to accommodate the following: 75 spaces for VIP, 75 for
media personnel, 500 for box seat holders, and 100 spaces for
volunteers. An additional 2,250 spaces are required for general
use by normal ticket holders. Provision of adequate parking is
currently under review and four potential solutions have been
identified. It is noted the logistics of each scenario requires
fine tuning which has not been completed at this stage of the
review process. The solutions are as follows:
GENERAL PARKING (2,250 SPACES):
General parking will be provided under one of the scenarios
listed below:
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P&Z Staff Report
Tennis Stadium - Conditional Use
Page 10
1) Mass Parking:
Under this alternative, the general public would not be
directed to any specific parking area but would be allowed
to park in the surrounding areas as space allows. It is
anticipated that this approach would result in patrons
filling in available parking areas within a 6-10 block area
from the site. Large areas such as designated downtown
public parking lots, Veterans Park, Atlantic Plaza, the old
FPL building, old Winn Dixie Site, Rose Auto Parts, Sun
Bank, and the FEC Railroad reserve area and other parking
areas could be used in a manner similar to that which
occurs at the Delray Affair. This alternative provides the
downtown area with the greatest exposure and will allow
patrons a chance to experience downtown.
2) Satellite Parking:
This option would provide general parking at one or two
satellite lots. The patrons would then be bused to the
event from the satellite lots. Possible satellite lot
locations include the Delray Mall, County Administrative
Complex, Delray Park of Commerce, Oelray Square, and
Congress Park. Oelray Mall and Congress Park appear to be
the most suitable.
The advantage of this approach is that traffic congestion
in the vicinity of the tournament is reduced. However,
under this scenario exposure to the downtown area, which is
a goa I of having the tournament at the downtown location,
is minimal.
3) Multiple Satellite Parking:
Under this scenario multiple satellite parking areas (four
or five) will be identified and used to disperse patrons.
The same areas as identi f ied under the limited satellite
scenario could be utilized. The advantages include the
ability to use smaller lots, the movement of traffic off
Atlantic Avenue onto alternative routes, and the
possibility of designating a parking area for each
different seat location at the tournament.
The disadvantages are that this solution is manpower
intensive requiring additional personnel to direct traffic.
It would also involve an increased number of buses and
shuttles, and additional signage to direct people to the
correct locations. The remote locations would also limit
exposure of the downtown area.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 11
4) Downtown parking with Shuttle Relief:
General purpose parking would be provided throughout the
downtown area similar to the mass parking scenario, with
relief parking to be provided at a single satellite
location (Congress Park) . Bus service would be provided
from the satellite location. The advantages include good
exposure for downtown, the majority of the parking close to
the event, and opportunities to organize nighttime
activities in the downtown area.
The above scenarios will continued to be II Fine Tuned" and the
best solution will be selected as the review process continues.
REQUIRED 750 PARKING SPACES WITHIN 1,500':
With each of the four potential parking arrangements, provision
of the 750 parking spaces required within 1,500' will be the
same. The VIP and box holder spaces will be comprised of the
new parking area which is to be provided along Atlantic Avenue
(53 spaces in Phase I and 76 spaces with Phase II), the existing
Community Center parking, the parking spaces north of City Hall,
and parking lots for Mt. Olive Missionary Baptist Church, and
the Seventh Day Adventist Church. The media will park at the
old police station south of Atlantic Avenue, while the volunteer
parking is proposed at the public lot of Block 92 (north of
Atlantic Avenue at the FEC Railroad). Again, as with the other
scenarios, this option is subject to fine tuning and
adjustments.
o THE R:
Street Closure:
To accommodate the Tennis Stadium and the supporting number of
tennis courts, additional site area is required. This
additional site area is gained through the closure of N.W. 1st
Street for the encroachment of physical improvements. These
improvements include a portion of Courts 1-4, associated
perimeter fencing, temporary bleachers and landscaping. The
encroachment of physical improvements in the public right-of-way
will require approval by the City Engineer.
A garage located on Lot 8, Block 43 takes access from N.W. 1st.
Avenue and provisions for a driveway access are provided on the
site plan. In addition, it is noted that a minimum of l4' of
landscaping is maintained within the right-of-way to buffer Lot
8.
.,
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 12
REV I E W B Y o THE R S:
This is in a geographic area requiring review by the CRA
(Community Redevelopment Agency). In addition a courtesy review
by the DDA (Downtown Development Authority) was conducted.
If the Conditional Use request is approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board. The site plan is to be generally consistent with the
sketch plan and conditions of Conditional Use approval.
Community Redevelopment Aqency:
The CRA reviewed the Conditional Use request at its meeting of
August 5, 1992. The CRA recommended approval of the Conditional
Use request to establish a tennis stadium and the associated
overall expansion of the tennis center.
Downtown Development Aqency:
The DDA reviewed the Conditional Use request, rezoning request
and the site plan for the tennis center expansion at its August
10, 1992 meeting. The DDA endorsed the expansion and expressed
a desire to maximize exposure of the downtown area during the
Virginia Slims Tournament. To this end, the DDA supported the
mass parking scenario and desires a trolley system running along
Atlantic Avenue from downtown parking areas to the tournament
site.
Neiqhborhood 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 several interested parties from surrounding
homeowner associations.
ASS E SSM E N T AND CON C L U S ION S:
From a compatibility point of view there are concerns with the
impact of parking, noise, lighting and aesthetics of the
stadium. However, these factors are related to special events
which may occur sporadically throughout the year and not on a
day to day basis. The visual impact of the permanent stadium
(elevation of 22' ) will be mitigated via perimeter buffering.
Aesthetic concerns are noted with the introduction of temporary
bleachers during the Virginia Slims Tournament. These temporary
bleachers will have elevations of 36' and will be placed 15'
from the property line. Additional vertical elements should be
provided west of the bleachers and a color scheme which would
soften the visual impact should be selected.
P&Z Staff Report
Tennis Stadium - Conditional Use
Page 13
A L T ERN A T I V E C 0 U R S E S o F ACT I 0 If S:
A. Continue with direction.
8. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to conditions.
c. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S TAr r R E COM MEN 0 A T ION:
Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(0)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to the following
conditions: .
1. That the site plan be consistent with the attached
sketch plan and accommodate the following items:
A. Additional vertical elements immediately adjacent
the west elevation of the west temporary seating.
B. That the rear of the west stadium seating be
painted or be of a color which will soften the
aesthetic impact on the adjacent residential
uses.
2. Provision of an acceptable parking program for stadium
events.
PO/TI.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttJv1
SUBJECT: AGENDA ITEM # /0 ~ - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 29-92
DATE: September 41 1992
This is the second 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 Streetl 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
92-1. 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 second and final
reading.
fQJY:ulfL 6-0
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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
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 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 1-95 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 1-95.
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 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
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I LAND USE AWENDMENT
92-1
ITEM 1120-A
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: C:S~JN)[~=
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: STAN WEEDON, PLANNER II rh
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.
ta,A +hru G-
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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 1-95, 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 of 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]
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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 1-95, and north of 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. 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 33-92]
Item 29: A .12 acre parcel, located west of s. w. 15th
Avenue, east of 1-95, and north 0 f 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]
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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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ /0 1/ - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 30-92
DATE: September 4, 1992
This is the second 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 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-l. 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 second and final
reading.
p~ 6-0
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ORDINANCE NO. 30-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY 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 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 (AC)
Automotive Commercial) District as defined in Chapter Four of the Land
Development Regulations of Delray 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 1-95,
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 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
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92-1
ITEM *20-8
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT :' AGENDA ITEM i /0 r - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 31-92
DATE: September 4, 1992
This is the second 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.
Recommend approval of Ordinance No. 31-92 on second and final
reading.
Po t)bf ~ 6-0
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.
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) DISTRICT7 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
HEREIN7 AND AMENDING "ZONING DISTRICT MAP, DELRAY
BEACH, FLORIDA, 1990"7 PROVIDING A GENERAL REPEALER
CLAUSE 7 PROVIDING A SAVING CLAUSE 7 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 5490 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 r-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 .
MAYOR
ATTEST:
.
City Clerk
First Readinq
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 10 0" - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 34-92
DATE: September 4, 1992
This is'the second 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 second and final
reading.
p~ 5-0
'.
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-- - .-.-- ..-
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, 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-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 I-95 Rlw,
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.
PASSED AND ADOPTED in regular session on this the day of
, 1992.
M A YO R
ATTEST:
City Clerk
First Reading
, Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
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SUBJECT: AGENDA ITEM i loK - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 35-92
DATE: September 4, 1992
This is the second 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 92-1.
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 second and final
reading.
Po..oo,& 5-0
'.
- -.
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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 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 MIC (Mixed
Industrial and Commercial) District as defined in Chapter Four of the
Land Development Regulations of Delray 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.
MAY 0 R
ATTEST:
City Clerk
, First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10 L - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 37-92
DATE: September 4, 1992
This is the second 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
Veteran1s 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 second and final
reading.
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5-0
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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 TSE 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 N8So 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
S8So49'54"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
I Beach, Florida.
i
The above-described parcel contains 0.26 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.
I
'.
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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
.
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M1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: QID T. HARDEN. CITY MANAGER
THRU: DAVID J. KOVACS, DIRECTO
DEPARTMENT OF PLANNING AND ZONING
~.[ ---rrtuW
FROM: J 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 stan<:!ard 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
.--."..
.
PLANNING & ZONING BOARD
CITY OF DELRA Y BI-ACH --- S.AFF REPORT' ---
I ~TING DATE: Au~ust 17, 1992
AGENDA ITEM: nLB.4.
ITEM: Rezonin~ from CBD to CF for Master Booster Station Site,
Southwest Corner of N.E. 4th Avenue & N.E. 3rd Street
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;NERAL DATA:
Owner.........................City of Delray Beach, Florida
Agent.........................William H. Greenwood
Director, Environmental Services
Location......................Southwest corner of NE 4th Street
and NE 3rd Avenue.
Property Size.................O.26 Acres
City Land Use Plan............Commercial Core
Existing Zoning...............CBD (Central Business District)
Proposed Zoning...............CF (Community Facilities)
Adjacent Zoning........North: CBO
East: CBO
South: CBO
West: CBO
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 NE
3rd Street and an existing 2" line
along NE 4th Avenue.
Sewer Service.................Exlsting 36" and 24" sanitary IILB.4.
sewer force mains along NE 3rd
S':!'eet.
"
I '1' E M B E FOR E '1' H E BOARD:
The item before the Board is that of making a recommendation on a I
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.
B A C K G R 0 U N D :
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 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 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 z~ning district must be consistent with
the land use designation.
The subject property is currently zoned CBO. 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: Facilitie. which are provided by, or through the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilitie. shall
be provided pursuant to level. 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 standard. set forth
in Section 3.3.2, along with the required finding. in Section
2.4.5, shall be the basi. upon which a finding of overall
consistency is to be made. Other objective. 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 Rezoning Actions: The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
B) Performance Standard 3.3.2(0) states. That the rezone shall
result in allowing land use. which are deemed compatible
with adjacent and nearby land u.e both exi.ting and
propo.ed. or that if an incompatibility may occur, that
sufficient regulation. exi.t to properly mitigate adverse
impact. from the new us..
The surrounding zoning (north, south east and west) is CBD.
Directly west of the site is the FEe 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-1.3 The CJty 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:
Objective 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: Pureuant to Section 2.4.5 (0)(1), a
juatification etatement providing the reaaon for which the change
is being sought mu.t accompany all rezoningrequeata. The code
further identifiee certain valid reaaon. for approving the change
being aought. Theee reaeone include the following:
1. That the zonlng had previoualy been changed, or was
origlnally eatabliahed, in error;
2. That there ha. been a change in circumetance which
makee the current zoning inappropriate,
3. That the requeeted zoning i. of eimllar intenel ty a.
allowed under the Future Land U.e Map and that it ie
more approprlate for the property baeed upon
circumetancee particular to the elte and/or
neighborhood.
.
P&Z Staff Report
Master Lift Statil...
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.
REV I E W B Y o THE R S :
Community Redevelopment Agency:
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 CBD (Central Business
District) to CF (Community Facilities).
Neighborhood Notice:
Formal public notice has been provided to property owners within a
500 ft. radius of the subject property.
ASS E SSM E R T A R D COR C L U S lOR 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.
ALTERlfATIVE ACT lOR S :
A. Continue with direction.
B. 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 D A T ION :
By Motion, recommend that the city Commission approve the
rezoning from CBD (Central Business District) to CF (Community
Facilities).
Attachment:
* Location Map
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # J 0 M - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 38-92
DATE: September 4, 1992
This is the second 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 "CII .
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
Commerc ial) . PC zoning is not consistent with the Transitional land
use designation; therefore, the RM zoning designation is proposed
for 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 second and final
reading.
~ 1-/-0
'.
, ..1'
"
, .
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 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 RM
(Multi-Family Residential) District as defined in Chapter Four of the
Land Development Regulations of Delray Beach, Florida, to-wit:
The East lOO 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.
I
! Section 4. That should any section or provision of this
I
I ordinance or any portion thereof, any paragraph, sentence or word be
I declared by a court of competent jurisdiction to be invalid, such
i 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
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: , ~ T. HARDEN. CITY MANAGER
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THRU: ~- D J. KOV C , DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING. PLANJIIER II ~ ~"'jM
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: Au~ust 17. 1992
AGENDA ITEM: III. B.!.
ITEM: Rezoning from PC to RM for a Portion of the Oelray Plaza
(i.e. the Vacant Lot to the Rear Located on the West Side
of Florida Boulevard)
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GENERAL DATA:
Owner........................ . Robert Wiebelt, TR.
Location......................On the west side of Florida
Boulevard, between Dogwood Drive
and Avenue "C."
Property Size.................0.69 acres
City Land Use Plan............Transitional
Existing Zoning...............PC (Planned Commercial)
Proposed zoninq...............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.................Existing 8" sanitary sewer line
along west side of Florida III. B.l.
Boulevard.
'.
.
I T E M B E FOR E THE BOA R 0:
The action before the Board is that of making a recommendation
on a 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 Oel:.ray .:,Pla;a. _ ~t t~e~ ~o~tn.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-15 (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-15 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.
c.. _ ., .
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 findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The Future Land Use Map designation for the property is
"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
- PRD 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
"Transitional". 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(0)(.5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used 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 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) Additional 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 usee
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 Residential), 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 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(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 . addi tion, as access to this
property, is limited ~to a residential street (Florida
Boulevard) development of even limited commercial uses
which are consistent with "Transitional" (I.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 single
family uses and policies against further development of
strip commercial property.
A review of the objectives and policies of the adopted
Comprehensive Plan 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 0 f 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:~ -.-
! . I?' . j I!: ., . :-: ! -! : : : : : ::.- ---- I i J ..!
-- --
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 with 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 2.4.5(E)(5).
S T A F r 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/PLAZAI.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 10 N - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 39-92
DATE: September 4, 1992
This is the second 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 Density 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 meeting
recommended approval of the rezoning. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 39-92 on second and final
reading.
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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-1AA
(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 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
i whole or part thereof other than the part declared to be invalid.
I
I
; Section 5. That this ordinance shall become effective
I immediately upon passage on second and final reading.
!
PASSED AND ADOPTED in regular session on this the day of
, 1992.
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MAY 0 R
ATTEST:
I City Clerk
First Reading
Second Reading
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C I T Y C 0 M'M I S S ION DOC U MEN TAT ION
TO: eID T. HARDEN. CITY MANAGER
I \Pi>U~
THRU: -- UD J. K ACS, C. ~ECTOR
DEPARTMENT OF PLANNING AND ZONING
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FROM: PAUL DORLING. PLANNER II 1fi4 iv'1ht.jJrl
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-1AA (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 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. The Board recommended approval of
the rezoning on a 5 to 0 vote (2 members absent).
,
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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-1AA.
Attachment:
* P&Z Staff Report
T:BROOKS2
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PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: August 19, 1992
AGENDA ITEM: IILB.2.
ITEM: Rezoning from RM to R-1AA for the South Ocean Park Subdivision,
Loca ted a t the S W Corner of Brooks Lane & A-1-A
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GENERAL DATA:
Owners........................William Seach; Edward and Hazel
Caputo; and Antonio Lucivero and
Earnest Yungllng.
Locatlon......................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-1AA (Single-Family Residential)
Adjacent Zoning........North: R.~
East: R.'f
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.................Existing 8" sanitary sewer line
in Brooks Lane and an existing 12" IILB.2.
sanitary sewer line in Ocean
- . . _ _ J
I T E MB E FOR B T H B BOARD:
The action before the Board is that of making a recommendation
on a rezoning from RM (Residential Medium) to R-1AA (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.
B A C 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 reque~t
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.
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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 TOE 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 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, Thes. 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 b. conaistent
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-I 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-lAA allows the existing three single family
homes as permitted uses.
Concurrencyz 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-1AA 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) along
with required findings in Section 2.4.5(D)(5) (Rezoning
Findings) shall be the basi. 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 .
finding of overall consistency.
section 3.3.2 (Standards for Rezoninq Actions)z The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within 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 requlations 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-lAA (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(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(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-lAA 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 required 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).
.
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 these lots but all new
structures must meet the R-1AA setback requirements.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Housing Elements 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-1AA (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 infil1 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.
REV I I 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) .
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P&Z Staff Report
Lots 1, 2 & 3 of south Ocean Park Plat - Rezoning
Page 6
Neiqhborhood 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.
ALTERNATIVE 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 r R E COM MEN 0 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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt"'(
SUBJECT: AGENDA ITEM i 10 0 - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 40-92
DATE: September 4, 1992
This is the second 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 I-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 second and final
reading.
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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
I-95 AND CONGRESS AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"1 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 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 I-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.
i 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.
MAYOR
ATTEST:
,
City Clerk
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ T. HARDEN, CITY MANAGER
THRU. ~~~~
DEPARTMENT OF PLANNING" AND' ZONING
. /
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FROM: ~~T MEEKS,. PLANNER II
SUBJECT: MEETING OF AUGUST 25, 1992
,- -
REZONING OF TWO PARCELS OF LAND FROM GC
(GENB~' COMMERCIAL) TO MIC (MIXED INDUSTRIAL AND
COMMERCIAL)
ACTION REQUESTED..OF THE- COMMISSION:'
The action ~reque8ted of the City Commission is that of
approval of" ,rezoning two parcels of land from GC (General
Commercial) to MIC (Mixed Industrial and Commercial).
The properties are located along the north and south sides of
Atlantic Avenue, west of 1-95 and CSX railroad, east of
Congress Avenue.
BACKGROUND:
In September 1991, t.he Advance Planning Division cOI;1ducted 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 rezoningP!:'oposed fs 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) .
'.
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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 DA TE: Au~ust 17, 1992
AGENDA ITEM: IILB.3.
nnEM: RezoninR from GC to MIC for Parcels of Lands Located Q~~he North & South sides of
West Atlantic Avenue, West of the CSX Railroad .'
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Owner................South Parcel: Rinker Materials Corporation
North Parcel: Road Right-of-way .
Location...........................On the south and north sides
of Atlantic ~venue between
1-95 and Congress Avenue;
property 51ze........South Parcel: 0.562 acres
_ North Parcel: 0.557 acres
City Land Use Plan............... ...-CQ'll--.cM
Existing Zoning......... ...Ja~ ~..., . . . . GC (General Commercial)"
Proposed. Zoning....................MIC (Mixed Industrial and
Commercial)
Adjacent zoning...........; ." .North: MIe and GC
East: 1-95
South: MIC and CD (Conservation
District)
West: )JI'C and GC
Existing Land U8e.~..South Parcel: Office building for a
concrete manufacturer.
North Parcel: Road Right-of-way.
Proposed Land Use..................None .., ,_ ._..
Wat.r Servic.......................Ex18tlng 12" wat.r main in
. Atlantic Avenu. and existing
10' water main in- Old A~lantic
Avenue. .&,.. -" - ,...-
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Sew.r Serv).c....~. .,...,. ....._. ...._..... ..Ne-e4H'v~e~to the nt.-. Wearest
_.~ ... - - service is a 20" fore. main in
COI"\Q!,~SS ,lI_'!e!".'.1~.
I T E M B E FOR E THE BOA R D :
The item before the Board is that of making a recommendation on a
City initiated 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 MIC (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 17
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 current zoning for both parcels is GC (General Commercial),
which is not consistent with the Commerce Land Use designation.
Pursuant to section 4.4.19(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: 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.
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 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 comprehensive Plan may be used in making a finding of
overall consistency.
section 3.3.2 , Standards for Rezoning Actions: There are four
standards for evaluating rezoning request. These four standards
are:
1. That a rezoning to other than cr within stable
residential area shall be denied,
2. Affordable housing for moderate and middle income
families, particularly first time home buyers, may be
achieved through increases in density when ...,
3. Additional strip commercial zoning on vacant properties
shall be avoided.." and,
4. That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed, or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
P&Z Staff Report
Rezoning of Item 17
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 (O){l), 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. 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 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 (Ge) 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 MIe (Mixed Industrial and
Commercial).
C. Deny the rezoning with reasons stated.
RECOMMBNDAT I ON :
By Motion, recommend that the City Commission approve the rezoning
from GC (General Commercial) to MIe (Mixed Industrial and
Commercial).
Attachment:
* Location Map
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MEMORANDUM
TO: MAYOR Am CITY COMMISSIONERS
FROM: CITY MA~~AGERL71'1
SUBJECT: AGENDA ITEM # /t:J P - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 41-92
DATE: September 4, 1992
This is the second 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 wi thin five feet of a rear or
side yard, when sl.ch 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 amendmen: was initiated at the request of the developers of
the Clearbrook residential community, who are seeking additional
flexibility in tht, placement of swimming pools on lots which are
adjacent to a Lak3 Worth Drainage District canal. Currently the
LDRs allow screen enclosures for swimming pools to have a zero
setback when the p~operty 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
affected. 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 second and final
reading.
PG.oo~ 4 "'0
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"
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ORDINANCE NO. 4l-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,
WHIRLPOOLS, 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
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; 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
4.6.15, "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 t~at//0t//si~~
property line, ~0t/t10s~t/t~a~/f!ft~~~/f~~t/Al~'1/t0/a~1/stteet
tit/j~tf0ffwal' , 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) , swimminq 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
ATTEST:
City Clerk
First Reading
Second Reading
,
'.
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CYID T. HARDEN. CITY MANAGER
THRU: -~v~~'fd"roR
DEPARTMENT OF PLANNING AND ZONING
FROM: DIAIlE DOMINGUEZ. PLANNER III~~')liV'
SUBJECT: MEETING OF AUGUST 25, 1992
PROPOSED LDR TEXT AMENDMENT" SECTION
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 LDRs 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
AGENDA ITEM: V.A. Proposed LOR 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 4.6.15(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.
\L t\.
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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 15 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 4.6.15(G) regarding swimming pool
setbacks be approved.
Attachments:
* Proposed amendment
* Letter from g amendment
Report prepared by:
Reviewed by DJK on:
'.
. ' .
LOR 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 (10' ) to any teat tj,t Itlllle
property line, ~tj,t tZtj,ltet tKa~ tlttee~ teet (1111 ttj, a~f Ittteet
tlgKtftj,tfwafJ , 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').
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 I/O 6l - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 42-92
DATE: September 4, 1992
This is the second reading of an ordinance amending the Land
Development Regulations by repealing Subparagraph 4.6.9 (E) (4) "0ff
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
II 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. 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. Th us, there is a need to update and correct this section.
Recommend approval of Ordinance No. 42-92 on second and final
reading.
fQ.1lfu.lfL 5 - 0
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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 DEL RAY 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 (i.e. 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 s~ch parking
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
"
. OK.
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
FROM: I~\t~itbR
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-LOR 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
"
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PROPOSED AMENDMENT TO LDR SECTION 4.6.9(E)(4)
(E) Location of Parking Spaces:
(4 ) Off-site Z1I\1SZef1f1f Parking: In instances where
~~~Irie~~e~ Z0tate~ Iri 0t~et t~an te~l~entIaZ t0ne ~1~ttItt~ uses
do not have sufficient space to accommodate customer and
employee parking demands, 0tt/~lte parking requirements may be
provided off-site in accordance with the followinq.
ffi Normal Operations: Parkinq for day-to-day
operation may be provided on other property
within three hundred feet (300' ) provided that
both properties are 0 f the same general type of
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 etrpZ0fee parking
I~ may be granted t0rit~tterit wItH by the
body which has approval authority of a the
related site and development plan;
(iii) A tet0t~e~ An agreement providing an
easement for such use is prepared pursuant
to t~e t0Z10W!ri~ a~ Subsection (E)(S) and is
pt0i!~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;
1Bl Special Events/Facilities: In instances where
uses and/or facilities have larqe 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 pro v ided off-site in accordance with the
followinq.
i.!l Approval of such off-site parkinq may be
qranted by the body which has approval
authority of the related conditional use.
'.
. . . .
(ii) A parkinq 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, aqreernents, or other appropriate
leqal documents which assure continued
availability of such parkinq shall be
required as a part of the parkinq and
transportation plan.
END OF PROPOSED AMENDMENT:
DJK/8/21/92
DJK/LDR469E4.DOC
- 3 -
,.
REGULAR CITY COMMISSION MEETING DATED SEPTEMBER 8, 1992.
CITY MANAGER'S RESPONSE TO PRIOR PUBLIC COMMENTS AND
INQUIRIES:
l1.A.1. The City Manager stated, at the last meeting,
there was an inquiry regarding the City's earnings from the
Municipal Golf Course. The projected net earnings for this
FY is $120,000. The projected net earnings in the next
year's budget is $130,000.
11.A.2. The City Manager responded to an inquiry
concerning the status of the Lakeview Golf Course. The
appraisal has been completed and a proposal has been
received to complete an economic analysis of the course
operation. It will be necessary to complete this analysis
before a decision can be made as to whether or not the City
should pursue acquisition of the course.
11.A.3. The City Manager commented, in response to the
query about the status of the deed for the Tennis Center
from the original owners, that deed to the City is the
subject of a quiet title suit that will be heard in
November.
11.A.4. The City Manager stated, in response to an inquiry
regarding the status of the Gelco property, that
'.
"
was discussed earlier in the meeting.
.
11.5. The City Manager stated there was also an inquiry
about the Hardaway property. The Community Improvement
Director has written the Hardaway Company and explained to
them that they either need to install certain specified
screening according to their original proposal to the
Commission, or the City will initiate proceedings to
withdraw their Conditional Use permit for the use of the
property.
11. B. FROM THE PUBLIC:
l1.B.1. Lillian Feldman, Pines of Delray, stated one of
the residents brought several robbery-related items to the
attention of the members that have occurred on Flame Vine
Avenue since March of this year. They consist of stolen
vehicles, stolen license plates, a pistol whipping, a purse
stolen and five stolen bicycles. She requested some help,
preferable in the form of Police Patrols.
11.B.2. Ms. Nan Hill, The Guardians, stated she is
speaking on behalf of John Kirkland, Public Officer of the
Palm Beach Guardians, by reading a printed flyer that was
distributed to the Commission in opposition to sexual and
racial discrimination that remains alive in Delray Beach.
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'.
, 216 N.W. 1st Street, stated she is
11.B.3. Lisa Barnes
one of the ousted homeowners as a result of the proposed
Tennis Center. After twenty years, she is leaving the area
and has located another place to live. She is hoping that
the City will be fair with her and provide enough money to
allow her to relocate in another place.
11.B.4. Alfred Straqhn, 26 S.W. 5th Avenue, commented that
he was formerly promised that, with regard to those
homeowners on 3rd Avenue, a representative from the City
would explain what they needed to do and provide some avenue
to assist them with relocating. To his knowledge, this has
not happened to date. Most of these residents are debt-free
and he feels it is unfair to place them in a position where
they will again be required to make a mortgage payment,
especially at their age. Mayor Lynch assured him that staff
has met with these homeowners.
11.B.5. Mr. Straghn stated that he, too, opposes the
firing of Verna Cook and that she should be given a fair
chance to represent herself.
11.B.6. Debbie Best, requested that the Commission
reconsider the amount of the dockage increase of 10% imposed
by the City. Most of the residents living at the marina are
working people and they have realized no 10% increase in
wages. The City Manager stated the last increase was in
1990 and the City Marina charges less than most of the
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'.
surrounding municipalities. He also stated it was not
formally voted on; it was discussed at a work session with
the general consensus being in favor of the increase and it
is part of the budget process. Mayor Lynch stated it will be
before the Commission two weeks from tonight at the final
budget hearing.
11.B.7. Darlene Thomas, 235 S.W. 10th Avenue, speaking for
the residents of Allamanda Gardens, requested that the City
keep their promise made in 1989 to install sidewalks and
put the final topping on the road and that this be completed
by the end of September, 1992.
11.B.8. Reno Wells, Chairman, Palm Beach County Guardians
Legal Committee, spoke in support of Verna Cook.
11.B.9. William Whigham, 2656 Dorson Way, stated he is
speaking to the Commission in support of Verna Cook and not
as the Vice-President of the local NAACP branch.
11.B.10. William North, Vice-President of County Law
Enforcement Organization (CLEO) , spoke in support of Verna
Cook.
1l.B.ll. John Francis, representing the Haitian community,
spoke in support of Verna Cook and the manner in which she
has befriended their people and assisted in their
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well-being.
The City Manager stated the press reports on Officer
Cook's situation, with one exception, have not given a total
picture. One important point he would like to clarify is
that Officer Cook being out of her district is a violation
of the rules, but that is a minor offense. The serious
offense that she is charged with is lying under oath in an
internal investigation. There is a hearing scheduled this
week and, upon a determination that he needs to rule against
her, she has a right to arbitration.
Mayor Lynch commented that the City Commission has only
two employees, the City Manager and the City Attorney, and
the Commission does not get involved in the day-to-day
hiring or firing of employees.
Virginia Snyder, resident, stated she feels there has
not been a complete investigation regarding the truthfulness
of the situation. She feels the members of the church
should also be questioned.
13. Comments and Inquiries on Non-Agenda Items.
13 .A. 1. Mr. Randolph stated some time ago he requested
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'.
that Dennis Murray be commended for work that was done in
refurbishing the Pompey Park Pool and he has received no
answer to date.
13 .A. 2. Mr. Randolph commented that he has also requested
information on naming something in the area where Marian
MacLeod lives in honor of her contributions to the City.
13 .A. 3. Mr. Randolph expressed the opinion that the Verna
Cook issue is lithe lull before the storm" and serious
consideration should be given before certain action is
taken.
There were no comments from Dr. Alperin.
13 .A. 4. Mr. Mouw requested that staff check into what
happened to the five lots the City was going to donate to
the Habitat for Humanity.
13 .A. 5. Mr. Mouw commented that Andrews Avenue still shows
the remains of the litter caused by Hurrican Andrew and
questioned why this has not been removed. The City Manager
stated that, at one point, the Solid Waste Authority had
stopped accepting materials of that type because it was
being trucked here from Dade and Broward County. He advised
that he would have this investigated and have an answer for
him.
-6-
'.
13 .A. 6. Mr. Mouw stated that a letter or memo was written
by David Kovacs, Planning Director, regarding Leon Weeks
Park and the manner in which he proposed having this placed
on the agenda. He questioned the status of this memo. The
City Manager stated there is a conflict between the plan and
the budget. The action taken tonight would move it ahead in
accordance with Mr. Kovac s ' memo. Mr. Mouw requested that
this be made a priority before it is too late.
13 .A. 7. Mayor Lynch questioned if an orientation program
.
is still in effect now that the new Boards have been
appointed.
13.A.8. Mayor Lynch commented that, at the time the
Planning and Site Board was separated, he felt the goal
would be that the Site Plan Review would be geared to the
actual properties and issues that arose on individual
properties to the review of the plans and the Planning Board
would be handling the larger items in addition to looking to
long term planning. He feels that the 10th Street issue
should have been considered by the Planning Board and feels
they should take more initiative before they are presented
to the City Commission. He requested that Mr. Kovacs submit
to him a two sentence statement of the Goals and Objectives
of the new Planning Board.
13.B.1. The City Attorney stated, with respect to the
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. . .
item referred to by Commissioner Mouw, there is a title
problem with the Hazel Saunders property that the City
attempted to convey to the Habitat for Humanity. It is
currently being reviewed and, hopefully, this will be
resolved by the next Regular Commission meeting.
13.B.2. The City Attorney advised that a forfeiture
proceeding was concluded and $23,000 was received today that
will go into the Law Enforcement Trust Fund.
13.B.3. The City Attorney advised that the Supreme Court
ruled on Dimmitt Chevrolet vs Southeastern Fidelity
insurance case, the case addressing the pollution exclusion
clause under Florida law which has very material impact on
the City's ongoing litigation with the insurance companies
with the Aero-Dri situation. The Florida Supreme Court
decided that the sudden and accidental language was
ambiguous and should be interpreted in favor of the insured
and not the insurers.
13.C. The City Manager had no comments or inquiries.
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NAIIONAL BLACK POLICE ASSOC. PALM BEACH GUARDIANS "-
PRESS RELEASE
**************
SEXUAL AJD RACIAL DISCRIMINATION ARE STILL ALIVE IN DELRAY BEACH POLICE
DEPART.1ENT. RECENT EXAMPLES ARE:
Item I:A Jewish Lieutenant was reportedly saluted "NAZI" style by an officer
whO clic~ed his heel~ and said, Sieg heil.
I:ern 2:A black female 3upervisor was de~oted.
Item 3:Hara3sment of white disabled fe~ale.
Item 4:Forced resignation of Haitian Police Officer.
Iteffi 5:Tel1ured black female who received zeros on her evaluation.
Item 5:Expressions of racial, sexual, and ethnic prejudice continue.
Iteo' 6:{ve Qu~stion the disproportionate nuober of traffic tickets issued
in the West Atlantic Ave. area to Black kids on bi~es and to Black
motorists.
Item7 Assignment to sUDerviso~ of reportedly an unqualified white fe~ale
who is being trained by the qualified tenured Hispanic and Black
fenales who also applied -for the position.
Iten 8:Recommended termination of black f~male officer.
****************************************************************************.
Commis3ioners, Mayo~ City Manager, we are looking for JUSTICE. tole urge you
to oe fair and to get all of the information, because the press, the public.
and you are being spoon-fed what the police dept. wants you to know. You ar~
being given mi~~&format~~ and half truthD. In the interest of faiLness,
," ..'-.. ,~~ '.
you have a res,onIJ1!J:11~tp;to get the whole picture.
WE ARE RELYING ON YOU OUR ELECTED OFFICIALS TO DO TH& RIGHT THING. ,-
STRAIGHTEN OUT THE POLICE DEPARTMENT, NOT BY ELIMINATING WOMEN AND MINORIIIE
OR BY SPENDING OUR HARD EARNED TAX DOLLARS TO ~UY OUt EMPLOYEES.
THANK YOU,
... Public Information Office~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i jOZfi - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 32-92
DATE: September 4, 1992
This is a first reading of an ordinance amending Chapter 52 of the
Code of Ordinances to provide for a decrease in the customer capacity
charges for water, for both residential and nonresidential customers,
both inside and outside the City; and to increase the charges per
1,000 gallons of consumption for water.
Recommend approval of Ordinance No. 32-92 on first reading.
.
Isf~
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ORDINANCE NO. 32-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 52, "WATER", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES",
SECTION 52.34, "WATER RATES", SUBSECTION (B),
"MONTHLY RATES", TO PROVIDE FOR A DECREASE IN THE
CUSTOMER AND CAPACITY CHARGES, FOR BOTH
RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH
INSIDE AND OUTSIDE THE CITy, AND TO INCREASE THE
COMMODITY CHARGE PER 1,000 GALLONS OF WATER
CONSUMPTION; BY AMENDING SECTION 2.4.3(K) (5),
"USER FEES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITy OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 2.4.3(K) (5) (a) IN ITS ENTIRETy, AND
ENACTING A NEW SUBSECTION 2.4.3(K) (5) (a) TO
PROVIDE FOR THE CORRECT CODE REFERENCE 7 PROVIDING
A SAVING CLAUSE 7 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 Title V, "Public Works", Chapter 52,
"Water", Subheading "Rates, Charges, and Fees", Section 52.34,
"Water Rates", Subsection (B), "Monthly Rates", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(B) Monthly rates. The monthly rates (except for fire
hydrants as set forth in Sec. 52.03) for water furnished by the
water facilities or plant of the city to customers within and
outside the corporate limits of the city, which unless otherwise
indicated shall include the appropriate customer charges,
capacity charges, and commodity charges for all customers, are
fixed as shown in the following schedule:
Inside Outside
Type of Customer City City
Residential
Customer charge
(per meter) '/Ii11 $ 1.55 '//2i21 $ 1.93
Capacity charge
(charged to all
:1 customers, per
residential
:i dwelling unit) SiU 7.62 UiU 9.53
Commodity charge
(per 1,000 gallons) i" 1.09 IiI' 1.36
Nonresidential and Vegetation
Customer charge
(per meter) '/%i11 $ 1.55 '//2i2% $ 1.93
Capacity charge
(based upon
meter size):
'.
-
3/4-inch meter 8t13 7.62 1.0J16 9.53
I-inch meter 13JJ8 12.73 16J'8 15.91
1-l/2-inch meter 21JU 25.38 UJU 31.73
2-inch meter 43JH '40':'63 Ht20 50.78
3-inch meter 'HJU 88.95 U8JU 111.19
4-inch meter X10JU l60.07 2UJH 200.08
6-inch meter 'JHJU 355.73 'HJSS 444.66
Commodity charge
(per 1,000 gallons) JU 1. 09 lJU 1. 36
NOTE: Whenever both residential and nonresidential users are on the
same meter, the capacity charge is to be computed as if each
nonresidential user on the meter was a residential dwelling unit, or
all the users shall be charged based on the nonresidential capacity
charge rate, whichever is the greater.
Section 2. That Section 2.4.3(K) (5), "User Fees" ,
Subsection (a) , "Water System User Fees", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Subsection (a) , "Water System
User Fees", is hereby enacted to read as follows:
M Water System User Fees: See Chapter 52 of the
Code of Ordinances of the City of Delray Beach,
Florida.
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
in conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading, and
that the rates shall become effective with the water bills
prepared after October 1, 1992.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 32-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 1~6 - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 33-92
DATE: September 4, 1992
This is a first reading of an ordinance amending Chapter 54 of the
Code of Ordinances to provide for changes in sewer service rates and
charges for residential dwelling units and nonresidential/commerical
units, both inside and outside the City; to increase the capacity
charge and charge per 1,000 gallons; and to decrease both residential
and nonresidential/commercial customer charges.
Recommend approval of Ordinance No. 33-92.
f~ 5-0
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,.
ORDINANCE NO. 33-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS" , SUBHEADING "RATES AND
CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32,
"SERVICE RATES AND CHARGES" , SUBSECTION (B) , TO
PROVIDE FOR AN INCREASE IN THE CAPACITY AND
COMMODITY CHARGES, FOR BOTH RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL CUSTOMERS, BOTH INSIDE AND
OUTSIDE THE CITY, AND TO DECREASE SAID RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL CUSTOMER CHARGE; BY
AMENDING SECTION 2.4.3(K) (5), "USER FEES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEALING SUBSECTION
2.4.3(K) (5) (c) IN ITS ENTIRETY, AND ENACTING A NEW
SUBSECTION 2.4.3(K) (5) (c) TO PROVIDE FOR THE CORRECT
CODE REFERENCE; 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS: .
Section 1. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges" , Section 54.32, "Service
Rates and Charges", Subsection (B), of the Code of Ordinances of
the City of De1ray Beach, Florida, is hereby amended to read as
follows:
(B) The following rates and charges shall be collected
from the users of the city sewerage system:
(1 ) Residential dwelling units. A monthly sanitary
sewerage service charge is imposed upon each residential dwelling
unit, as more specifically set forth hereinafter, to which sanitary
sewerage service is available through the facilities afforded by
! the municipally-owned sewerage system, according to the following
schedule:
I
I
! Residential Inside City Outside City
I
(a) Capacity charge
I (per residential
I dwelling unit) Ui10 $ 9.27 UXiaS $11.58
i (b) Commodity charge
i (based on metered water
with maximum of 12,000
gallons) :
City (per 1,000
gallons) iU 1. 08 XJ0X 1. 35
(c) Customer charge Xi1S 1. 55 un 1. 93
(d) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) .71 .88
Note: Where no water service is provided, there
shall be a monthly customer charge of $5.00 per residential
dwelling unit, and the commodity charge shall be based on the
, maximum of 12,000 gallons.
,
.
11 I
(2) Nonresidential/commercial units. A monthly
j, sanitary sewer service charge is imposed upon each commercial and
!
'I nonresidential unit to which sanitary sewage service is available
through the facilities afforded by the municipally-owned sewerage
system, according to the following schedule:
II Nonresidential/Commercial Inside City Outside City
II (a) Capacity charge
(per meter) :
:1 3/4-inch meter '$/ /'JJ1.0 $ 9.27 '$/1.1.13S $ 11. 58
II I-inch meter UJU 15.48 UJU 19.35
1-1/2 inch meter ~0J~0 30.86 nJSS 38.58
I 2-inch meter ISJU 49.40 UJU 61.74
I 3-inch meter U"J17 108.15 U2J1I 135.19
4-inch meter IUJ0tJ 194.61 HSJU 243.27
I 6-inch meter l:u.J60 432.51 U0J1S 540.63
\
i
I (b) Commodity charge:
h City (per 1,000
gallons) JSl 1. 08 IJ01. 1. 35
:1 (c) Customer charge: IJ1S 1.55 2JH 1. 93
:i (d) South Central
:i Regional Wastewater
il Treatment and
I Disposal Board
i (per 1,000 gallons) .71 .88
I
i Note: For those nonresidential/commercial units where
i
I water service is not available, the capacity and commodity charges
shall be determined by unit classification standards for water
I usage.
(3) When effective. The initial rates for charges
shall be effective the first day of the month following the date
when the system is constructed, certified for use by the
consulting engineer, and accepted by the city.
Section 2. That Section 2.4.3(K) (5), "User Fees",
Subsection (c) , "Sewer System User Fees", of the Land Development
Regulations of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Subsection (c), "Sewer System
User Fees", is hereby enacted to read as follows:
ill Sewer System User Fees: See Chapter 54 of the Code
of Ordinances of the City of Delray Beach, Florida.
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 in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon its passage on second and final reading, and that
the rates shall become effective with the water bills prepared
after October 1, 1992.
,
.
, .
II PASSED AND ADOPTED in regular session on second and final
i!
II reading on this the day of , 1992 .
.,
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11
'j
I[ MAY 0 R
I,
il ATTEST:
il
'I
I, City Clerk
il
II First Reading
Second Reading
I
i
I
i
I
i
I
I
I
, - 2 - Ord. No. 33-92
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tr?1,
SUBJECT: AGENDA ITEM i I ~ c....- - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 43-92
DATE: September 4, 1992
This is a first reading of an ordinance amending Chapter 51 of the
Code of Ordinances to provide for increased garage and trash service
charges and fees for residential service and commercial service; to
provide for an increase in the fee for residential customer recycling
serivcej and to provide for fees for separate vegetation collection
service.
Recommend approval of Ordinance No. 43-92.
p~ ,S" ~
3.J.o.;t
(Ano~ ~ ~f+nex;u:>H
cirssEn71 nCf )
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~..'Y OF DELAAY BEA[H
100 N.W, 1st AVENUE , DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: Joseph Safford, DireCtor of Finance
FROM: Jan Williams, Utility Billing Manager
DATE: August 20, 1992
SUBJECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES
I am recommending that the City Commission approve increasing the
service fees for garbage and trash pursuant to the following:
1) 'The Solid Waste Authority will continue to assess
commercial parcels on a split basis. The tipping
fee will increase from $37.00 to $43.00 per ton
for commercial customers. The full cost for dis-
posal will be $77.69 per ton. Residential customers
will continue to be fully assessed for disposal but
at a lower rate.
2) The contract with Waste Management provides for an
increase in the collection portion of billings based
on the change in the Consumer Price Index for the
previous year. This year's CPI increase is 2.7%.
3) Funding for the continuous bulk trash pick-up program
has been proportionally adjusted to incorporate the
above.
4) The residential, curb-side recycling charge will be
increased to $2.04 per unit. This rate is a component
of the residential garbage rate.
5) Waste Management bills for commercial and multi-family
recycling customers. These rates have been adjusted by
the CPI index.
6) A separate vegetative collection route has been added
effective October 1, 1992, for all residential curbside
customers. The unit rate is $.85 per month and is included
in the residential garbage rate. State law requires that
vegetative waste not be co-mingled with garbage and trash.
A copy of the ordinance with the new rates indicated is attached and
should be forwarded to the City Clerk's office for placement on the
Agenda. Back-up schedules are also attached for your review.
THE EFFORT ALWAYS MATTERS
.
.
,E
ORDINANCE NO. 43-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, AMENDING TITLE V. "PUBLIC
WORKS". CHAPTER 51. "GARBAGE AND TRASH". OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH. FLORIDA, BY
AMENDING "RATES AND CHARGES". SECTION 51. 70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE;
TO PRonDE FOR INCREASED GARBAGE AND TRASH SERVICE
CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR
AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR
RECYCLING SERVICE; TO PROVIDE FOR FEES FOR SEPARATE
VEGETATION COLLECTION SERVICE; 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 Title V. "Public Works", Chapter 51, "Garbage
and Trash", "Rates and Charges", Section 51.70, "Regular Charges Levied".
of the Code of Ordinances of the City of Delray Beach. Florida. be. and the
same is hereby amended to read as follows:
I Sec. 51. 70 RE~ CHARGES LEVIED
The following service charges or fees are levied for garbage and
trash service:
(A) Charged for the below-described garbage and trash pick-up
service shall be as follows and shall cODDllence when a
certificate of occupancy is issued for any residential or
commercial units. and shall continue monthly thereafter
unless service is discontinued in accordance with Section
51-72:
(1) For those customer receiving Type A. roll-out cart
service, the service charge shall be '%2173 $13.97 per
month for garbage and trash pickup. However, the levy
for "Tropic Palms and Palms of Delray" (known as Type
F) shall be 1%0/0% $11.17 per month for garbage and
trash pickup.
(2) For those customers receiving Type B. rear-door/side-
door service, the service charge shall be '10/7' $11.93
per month for garbage and trash pickup. However. the
levy for the area bordered by N.W. 22nd Street on the
north. Old Dixie Highway on the east. Lake Ida Road on
the south and N.E. 2nd Avenue on the west (known as
Type G) shall be '13/'7 $14.73 per month for garbage
and trash pickup.
(3) For those customers receiving Type C, curbside, garbage
and household trash in disposable containers service.
the service charge shall be "/.. $5.47 per month for
garbage and trash pickup.
(4) For those customers receiving Type D. curbSide in
owner's container (or for those customers who, by
reason of disability. as certified by a doctor and
previously approved by the city. are unable to place
refuse containers on the street. and whose collection
by the city or its contractor is thus pursuant to the
Type B. rear-door/side-door service). the service
charge shall be './.7 $9.70 per month for garbage and
,
ORD. NO. 43-92
.
,
II trash pickup. And the levy for the area bordered by
il S.W. 10th Street on the north, Federal Highway on the
east, Linton Boulevard on the south and 1-95 on the
west (known as Type H) shall be '11130 $12.51 per month
it for garbage and trash pickup.
NOTES: (a) Residential customers shall be assessed a
I' ndi $2:04 unit charge for recycling service
Ii per
I (included in rates set forth above). tVi_llettUtti.
4.t.ltetltf;_I/~/.../tf;_/I~/t.t_./.tll/I~_IJ.ft..tflll1
i U9li (b) Residential customers shall be assessed a
! $.85 per unit charge for separate vegetation collection
services for all curbside residential dwelling units.
(included in rates set forth above). The effective
date for this service is October 1, 1992.
(B) Mechanical containers and cOlDlllercial refuse container
service.
(1) For customers receiving Type E, mechanical containers
and cOlDlllercial refuse container service, the service
charge shall be based upon the following for such
garbage and trash services:
COlDlllercial
Residential Monthly
Monthly Container
Container Container Charge
Size Charge (Collection
(Square Pickups (Collection and Disposal
Yard) Per Week Charge Onlyl Chargel
2 1 1/30 $ 31 I/U $ 50
3 1 #.X 42 u 7T
1 4 1 '0 51 II~ 90
I 6 1 70 TI H0 130
8 1 U 88 IU 166
2 2 J9 60 92 99
3 2 III 83 U1. 142
4 2 100 103 1611 ill
6 2 U9 142 U0 260
8 2 171 ill 306 ill
2 3 II' 9T U9 14'9
3 3 IU 125 U. m
4 3 UI 154 UI TIT
I 6 3 1.09 214 360 389
8 3 U7 263 U9 498
2 4 HII TIT IU 199
3 4 IU 166 1.U 284
4 4 1.0t 205 33' 362
6 4 1.711 285 ue ill
8 4 3U ill U1. 663
2 5 U7 ill UI 249
3 5 1.03 208 31.9 ill
4 5 UI 257 #.X 9 452
6 5 3U 356 60e 649
8 5 U9 439 761 829
2 6 177 ill 1.7. 298
3 6 1.U 250 3U 425
4 6 30t 308 '03 543
6 6 #.X. rn 71.0 m
8 6 US 526 'It' 995
(2) Multiple-family dwelling units containing five units or
more shall use containers emptied by mechanical means.
except as otherwise approved by the city because of
lack of suitable space for a mechanical container or
, other good reason.
ORD. NO. 43-92
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(3) Commercial customers shall use mechanical containers
and commercial refuse container service (Type E).
Commercial customers shall include, but not be limited
to. all office buildings. stores. filling stations,
service establishments, light industry, schools,
churches, clubs, lodges. motels, laundries, hotels,
public buildings, food service, and lodging
establishments. Commercial customers may use any of
the following containers for accumulation of refuse:
(a) Commercial refuse containers. The city shall
require any commercial customer needing more than
six refuse containers to use mechanical containers,
if feasible.
(b) Mechanical container,.
(4) The owners/operators of commercial establishments, and
other commercial customers shall accumulate such refuse
in those locations mutually agreed upon by the owner/
operator and the city of its contractors. and which are
convenient for collection by the city or its
contractors.
(5) Containers emptied by mechanical means shall be
provided by the city or its contractors. These
containers shall be emptied on a schedule mutually
agreed upon by the customer and the city or its
contractors, but not less than one day a week nor more
than six days a week. Maintenance of that container
shall be as set forth in thie chapter; however. the
city's contractore shall not impose any separate or
additional charges to customers or to the city for the
rental or routine/regular maintenance of such i
containers that may be performed by the city's
contractors.
(6) Commercial customers needing less than six refuse
containers, and those approved for this type of service
by the city in advance because they lack a suitable
location for a mechanical container shall also be
serviced at least once per week. All garbage and
commercial trash shall be collected from such refuse I
containers at locations agreed to between the city or '
its contractors and the customer.
(C) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and size
designated by the city or provided by the city's contractors i
shall be used. Where more than one user is serviced by one '
container, the monthly charge. shall be levied to each
customer by dividing the total monthly cost by the number of
customers using that container; however. in no event shall
the monthly service charge be less than 'J' $31 for
residential dumpster service and ". $50 for commercial I
dumpster service. The tara "CUSTOMER" as employed herein is I
any person using the service or to whom the service is
available. Even if the customer is different from the person
who is actually billed for or pay. for the service. the
minimum monthly charge referred to above shall be calculated
as to each customer.
(D) C~rcial Rates for Recycling
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OiD. NO. 43-92
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Container Size Pick ups per Recycling Monthly
(square yard) week Billing Rates
96 gal 1 fill $ 17.45
2 1 U 42.10
3 1 U 55.45
4 1 7~ 75.99
6 1 'II 100.64
8 1 lZJ 126.32
96 gal 2 Z, 26.70
2 2 62 63.67
3 2 II 83.18
4 2 IU 1 T8.1O
6 2 UI 165.34
8 2 2e. TIT:S6
96 gal 3 J~ 34.91
2 3 It 84.21
3 3 te7 109.88
4 3 U7 161. 23
6 3 UJ 239.29
8 3 2" 297.83 !
96 gal 4 U 44.16
2 4 teJ 105.78 i
3 4 IH 137.61
4 4 t'll 203.34
6 4 286 29D2
8 4 J7J ffi'":07
96 gal 5 U 53.40
2 5 lZ~ 1 IT:34
3 5 U' TIi4:TI
4 5 ue 246':'48
6 5 J~' -m:39
8 5 U. 468.31
96 gal 6 6l 62.64
2 6 US 148.91
3 6 %8' 191. 02
4 6 Zit 289.61
6 6 U. 421. 07
8 6 U, 553.55
(E) Multi-Family Rates for Recycling:
Multi-family units which do not receive curbside recycling
service shall be assessed a monthly charge of Hi,e $1.64
per unit which shall be billed by the contractor.
Section 2. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
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 this ordinance shall become effective immedi-
ately upon its passage on second and final reading. and the changes set
forth herein shall be applicable to all bills rendered on or after October
1. 1992.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of . 1992.
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MAYOR
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ORD. NO. 43-92
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ATTEST:
City Clerk
First Reading
Second Reading
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ORD. NO. 43-92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM tt I :Z'>> - MEETING OF SEPTEMBER 8. 1992
ORDINANCE NO. 44-92
DATE: September 4, 1992
This is a first reading of an ordinance amending Chapter 50 of the
Code of Ordinances to prov ide for an increase in the public service
tax on the purchase of electricity from 8.5% to 9.5%; and providing
for an exemption to residential users only in the amount of 90
kilowatt hours.
For each residential dwelling unit, the first 90 kilowatt hours of
electricity used shall be exempt from the tax levied by this
subsection.
Recommend approval of Ordinance No. 44-92 on first reading.
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ORDINANCE NO. 44-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50,
"UTILITIES GENERALLY; PUBLIC SERVICE TAX",
SECTION 50.15, "LEVY OF TAX", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
TO PROVIDE FOR AN INCREASE IN THE PUBLIC SERVICE
TAX ON THE PURCHASE OF ELECTRICITY FROM 8.5% TO
9.5%; PROVIDING FOR AN EXEMPTION TO RESIDENTIAL
USERS ONLY IN THE AMOUNT OF 90 KILOWATT HOURS;
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 Title V, "Public Works", Chapter 50,
"Utilities Generally; Public Service Tax", Subheading "Public
Service Tax", Section 50.15, "Levy of Tax", Subsection (A) ,
"Electricity and Gas", subparagraph (1), be, and the same is
hereby amended to read as follows:
(A) Electricity and Gas.
(1 ) (a) The city hereby levies a tax on the
purchase of electricity and metered or bottled gas
(natural liquefied petroleum gas or manufactured) . The
tax shall be levied only upon purchases within the city
an6/$~aZZ//ri0t/~*t~~d in the amount of 8.5% of the
payments received by the seller of the taxable item
from the purchaser for the purchase of $nt~//$etwit~
metered or bottled gas (natural liquefied petroleum gas
or manufactured), and in the amount of 9.5% of the
payments received by the seller of the taxable item
from the purchaser for the purchase of electricity.
(b) For each residential dwelling unit, the
first 90 kilowatt hours of electricity purchased each
month for residential use shall be exempt from the tax
levied by this subsection.
(c) ~"tJl This tax shall not be applied against
any fuel adjustment charge, and such charge shall be
separately stated on each bill. The term "FUEL
ADJUSTMENT CHARGE" means all increases in the cost of
utility services to the ultimate consumer resulting
from an increase in the cost of fuel to the utility
subsequent to October 1, 1973.
(d) Ul This tax shall in every case be paid by
the purchaser, for the use of the city, to the seller
of such electricity or gas at the time of paying the
charges therefor to the seller thereof, but not less
often than monthly.
Section 2. That should any section or prov~s~on 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 effect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
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Section 4. That this ordinance shall become effective
on October 1, 1992.
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. 44-92