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10-27-92 Regular . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 27. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter wi thin the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be 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 10/27/92 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. en ~oe. A6::fdl r 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. (k~ Action: Motion to approve. S. Approval of Regular Meeting minutes of~e~ober 13, 1992. t.J~ 6. Proclamations: None. . . 0/ e.ommffil>/flj Nefteo, onE- pR-'iSffrTfJ-710,v - RES;#: Jaa-9~ ({~IH:U(l~,u.. f}11~ - 7, Presentations: 8. Consent Agenda: City Manager recommends approval. ~ ~ ~ A. AMENDMENT NO. 3 TO THE UDAG GRANT AGREEMENT/AUBURN TRACE: Approve an amendment to the UDAG Grant Agreement with Auburn ~0 Trace Joint Venture which changes the debt service amortization ~\~ C~ schedule to 50 years and invokes a penalty clause for late 'ol..\ payment. r\ WAIVER OF COMMUNITY DEVELOPMENT BLOCK GRANT POLICIES AND t-/---O ~~ ~ PROCEDURES: Waive Paragraph C2 of the CDBG Policies and ~g~~~~ Procedures to permit a resident outside of the CDBG Target area to receive emergency assistance. C. PROPOSED POLICY AND PROCEDURES/EMPLOYEE DEVELOPMENT AND TRAINING PROGRAM: Approve a proposed administrative policy which provides for tuition reimbursement under certain conditions for general employees. D. PROPOSED POLICY/NEIGHBORHOOD TRAFFIC ISSUES: Approve a proposed policy which provides a system to address neighborhood traffic issues. -2- . City Commission Regular Meeting 10/27/92 /QV SUNSHINE AND CONTINENTAL CUP TENNIS TOURNAMENT: Consider a ~"'O request to place flags, welcome and directional signs in the ~ City's rights-of-way at Linton Boulevard and Lindell and Dotterel C\~ Road,s; for Police coverage; and for funding in the amount of $10,000, in conjunction with the Sunshine and Continental Tennis Tournament being held December 13 through 20, 1992. ~l ~ J(f). FINAL PLAT APPROVAL: Approve the final plat for a replat of f fl)P q~ Tract R, Delray Park of Commerce; subject to the conditions I.{....O recommended by the Planning and Zoning Board. /G. ADDENDUM NO. 1 TO SERVICE AUTHORIZATION 2/MICHAEL B. SCHORAH AND ASSOCIATES: Approve an addendum to Service Authorization No. 2 for the North, Central and South Beach Sanitary Sewer Reconstruction Project; and deleting Phases IV (bidding/negotiation) and V, (construction phase) services at a net savings of $3,415; with funding from Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178-536-61.84). .;H . EMERGENCY REPAIR: Approve the award of bid to Ocean Bay Company, in the amount of $36,250 for the emergency repair of the. sewer and manhole located on White Cedar Circle in the Del Aire Country Club; with funding from Renewal and Replacement Sewer Systems/Mains and Lines (Account No. 442-5178-536-60.66). /1. RETENTION OF OUTSIDE COUNSEL: Authorize staff to retain Fred Gelston to represent the City in Michael Grabow v. City of Delray Beach. ~~. REOUEST TO PALM BEACH COUNTY: Authorize staff to request ~..-O ~~ hat Palm Beach County initiate changes to the County Future Land C\ Use Map for City/County consistency. JK. MUTUAL AID AGREEMENT/TOWN OF GULFSTREAM: Approve a mutual aid agreement with the Town of Gulfstream which provides for the rendering of assistance in law enforcement emergencies which cross jurisdictional lines. J'L. RESOLUTION NO. 120-92: A resolution initiating the Site Plan Review and Appearance Board Award program.1 v'M. RESOLUTION NO. 121-92: A resolution creating the Parking Management Task Team for the purpose of implementing the Master Parking plan; providing for a membership composition and appointment process; providing for the applicability of Section 2.2.1 of the Land Development Regulations; and providing for the initial scope of reponsibility of the said Parking Management Team. ..,IN. RESOLUTION NO. 119-92: A resolution authorizing the acquisition of property on S.W. 7th Avenue. -3- . City Commission Regular Meeting 10/27/92 - /0. RESOLUTION NO. 117-92: A resolution ~ssessing the costs for abatement action necessary to remove nuisances on 30 properties located within the City. /P. AWARD OF BIDS AND CONTRACTS: 1. Emergency Demolition - Tennis Center/Stadium - K & K Wrecking Corporation in the amount of $14 , 700 with funding from General Construction Fund - Tennis Center/Stadium (Account No. 334-4145-572-63.41). 2. Rehabilitation of Lift Stations 19A, 20A, 23 and 32 - Environmental Services - Widell Associates, Inc. in the amount of $335,000 with funding from Renewal and Replacement Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 3 . Bus Rental Service - Parks and Recreation - Quality Transportation Services, Inc. in the estimated annual amount of $33,000 with funding from various Parks and Recreation Accounts - Day Camp (55-10), Other Rental (44-90) and Other Insurance (45-90). 4. One (1) Toro Reelmaster Mower - Golf Course - Hector Turf in the amount of $19,639.44 with funding from Municipal Golf Course - Equipment Other (Account No. 445-4761-572-64.90). 5. Parking Area - Cason Cottage - All-Rite Paving Contractors in the amount of $38,980 with funding from 1987 Utility Tax - Cason Cottage Parking Expansion (Account No. 333-6111-541-61.97), Funding to be transfered from interest earnings from 1987 Utility Tax (Account No. 333-0000-361-10.00) and Decade of Excellence Bond Issue (Account No. 225-0000-361-10.00). 9. Regular Agenda: JA. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS L\/O BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 12, 1992 through October 23, 1992. h. REVIEW OF VETERAN'S PARK PLAYGROUND PLANS: Parks and Recreation Department Director to make a presentation with regard to proposed playground equipment at Veteran's Park. Qon5EnS~ -~D- ~- I vlC. ORDINANCE NO~ (Public hearing held and closed on October 20, 1992. r inance rezoning a portion of the Linton International Plaza property in conjunction with the 3... { establishment of a Checkers Restaurant from PC (Planned Commercial) to GC (General Commercial) . Planning and Zoning ~ Bo.ard recommends approval ( 6 -1 vote). ~ -4- . City Commission Regular Meeting 10/27/92 AJ. ORDINANCE NO. 36-92: Public hearing held and closed on September 8, 1992. An ordinance rezoning and placing land "l) presently zoned R-1A (Single Family Residential) district in CF ~ (Community Facilities) district; said land be ing 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: cons,id~r a conditional use 4;0 request to establish a Tennis Stadium as a part of the Municipal Tennis facilities. ~~~. PARKING PROGRAM/VIRGINIA SLIMS TENNIS TOURNAMENT: Approve ~(\ the Parking Program for the Virginia Slims Tennis Tournament., . IfrI Planning and Zoning Board recommends approval. Onl;r vx.:.. ~ t' oJ WS d/e'd!1101), . ~ lo.M. /N-II!nk(!.; F. SETTLEMENT OFFER: Consider a settlement in the Delta 3...0 Petroleum and Shell Oil Company v. the City of Delray Beach. City Attorney recommends approval. G. LAKE IDA 11TH STREET PARCEL: Authorize staff to meet with County representatives to discuss the terms of the agreement 4....0 which conveys the Lake Ida 11 th Street Parcel to the City for park purposes. City Manager recommends approval. H. ADDENDUM NO. 3 TO SERVICE AUTHORIZATION NO. 5/CH2M HILL: Approve an addendum to Service Authorization No. 5 in an amount not to exceed $10,450 for consulting services necessary for the y/O start up of the Lime Softening Conversion project; with funding from Water Treatment Plant Conversion - Engineering Services (Account No. 447-5164-536-33.11). City Manager recommends approval. ..@ SERVICE AUTHORIZATION NO. I/METRIC ENGINEERING. INC.: prove a service authorization in the amount of $10,282.41 with ~ (\\olftP a contingency amount of $578.87 for engineering services necessary to extend sanitary sewer service to commercial parcels ~0' at the northwest corner of West Atlantic Avenue and Barwick Road; M~ with funding from Water and Sewer - Sewer Mains (Account No. 441-5161-536-63.51). City Manager recommends approval. / ({J1fC M~O~=~~i ~~ A C;OMM~SSIQIll IlEIl~SI!.. :I'll :I'Hl:: 1l~:I'RQPllL1TAIll 3~ N AT N: Appo~nt a Comm~ss~on member to serve on ~ rn CJ.{ the Metropolitan Planning Organization. ~n ~. APPOINTMENT OF AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD: Appoint a layperson to serve as the second alternate ~ember to a term ending January 14, 1993. DAViD HEnnlnG-~ t-JO~ L. k Add.WufY) - C5B - 80B F~ELL 10. Public Hearings: JA. ORDINANCE NO. 53-92: An ordinance amending Ordinance No. 70-89 to provide that no dwelling unit used or developed on that rAILED. portion of the Fontaine Fox Historic Site which lies east of ~ful - (~frfJrxxPH I c1/5597r8J) -5- , "it " City Commission Regular Meeting 10/27/92 State Road A-1-A shall contain more than 3,250 square feet of gross floor area. Historic Preservation Board recommends approval (5-2 vote). ~. ORDINANCE NO. 52-92: An ordinance amending the Code of ~.D Ordinances to provide that an annual medical report shall be submitted by a disability retiree if requested by the Police and Fire Board of Trustees. vf. ORDINANCE NO. 14-92: An ordinance amending the Code of l-\""'O Ordinances to modify the percentage of monies which can be invested in equities by the Police and Fire Pension Board of Trustees. {ol ~ j ORDINANCE NO. 51-92: An ordinance amending the Land 3 JI evelopment Regulations with regard to flea markets and similar L~O' uses. Planning and Zoning Board recommend~ approval. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. J~. City Manager's response to prior public comments and inquiries; JB. From the Public. 12. First Readings: vA. 'ORDINANCE NO. 54-92: An ordinance rezoning property located west of Congress Avenue on the south side of Linton Boulevard o (Abbey Delray South property) from PRD (Planned Residential I~{ Development) zone district to CF (Community Facilities) zone district. Planning and Zoning Board recommends approval. If passed public hearing November 17th. vB. ORDINANCE NO. 55-92: An ordinance rezoning the North Ocean Boulevard parking lot property located on the west side of Ocean 3~ Boulevard, north of Atlantic Avenue from CF (Community Facili ties) zone district to OS (Open Space) zone district. Planning and Zoning Board recommends approval. If passed public hearing November 17th. JC. ORDINANCE NO. 56-92: An ordinance rezoning the Sandoway Park property located on the northwest corner of Ocean Boulevard, 4/0 south of Atlantic Avenue from CF (Community Facilities) zone district to OS (Open Space) zone district. Planning and Zoning Board recommends approval. If passed public hearing November 17th. vb. ORDINANCE NO. 57-92: An ordinance rezoning the Ingraham Park property located on the northwest corner of Ocean Boulevard, U. U south of Atlantic Avenue from CF (Community Facilities) zone ~ district to OS (Open Space) zone district. Planning and Zoning -6- '. "II", "' . City Commission Regular Meeting 10/27/92 Board recommends approval. If passed public hearing November 17th. E. ORDINANCE NO. 58-92: An ordinance rezoning the Anchor Park )0 property located on the west side of Ocean Boulevard, north of ~ Casuarina Road from CF (Community Facilities) zone district to OS (Open Space) zone district. Planning and Zoning Board recommends approval. If passed public hearing November 17th. F. ORDINANCE NO. 59-92: An ordinance rezoning the Atlantic Dunes Park property located on the east side of Ocean Boulevard, 4 0 north of Linton Boulevard from CF (Community Facilities) zone r district to OS (Open Space) zone district. Planning and Zoning Board recommends approval. If passed public hearing November 17th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - J -7- " ""1' . . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 27. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE PROCEDURAL AGENDA IS AMENDED TO CORRECT: 5. Approval of Regular minutes of - None. THE REGULAR AGENDA IS AMENDED TO INCLUDE: L. APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE BOARD: Appoint an alternate member to the Civil Service Board to fill the vacancy created by the resignation of Helen Bartholomew; to a term ending July 1, 1994. '. "'II MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERC;~ SUBJECT: AGENDA ITEM it rA - MEETING OF OCTOBER 27. 1992 AMENDMENT NO. 3 TO THE UDAG GRANT AGREEMENT/AUBURN TRACE DATE: OCTOBER 23, 1992 At the time the agenda was complete, the City Attorney's office was still preparing this document. It is anticipated that there will be several other agreement forms which will require Commission approval. All documentation will be provided prior to Tuesday evenings meeting. W~&t em - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER eN SUBJECT: AGENDA ITEM i 8'13 - MEETING OF OCTOBER 27. 1992 WAIVER OF COMMUNITY DEVELOPMENT BLOCK GRANT POLICIES AND PROCEDURES DATE: OCTOBER 23, 1992 This item is before you to waive Paragraph C2 of the CDBG Policies and Procedures to permit a resident outside of the CDBG Target area to receive emergency assistance. The CDBG Target area is bounded on the north by Lake Ida Road, on the south by Linton Boulevard, on the west by 1-95 and on the east by Federal Highway. The subject property is located at 225 N.E. 16th Street. The property owner has requested assistance, through the City's Emergency Repair program, to re-wire the house's electrical system which is in a dangerous condition. The Emergency Repair program provides assistance up to $3,000 to address dangerous or unsafe substandard housing conditions. Recommend waiver of Paragraph C2 of the CDBG Policies and Procedures to permit the property owner at 225 N.W. 16th Street to receive emergency repair assistance. KemooW ~m Co n JEr>/ By m~. 'RA-nooLPH HEA-fCO A~ riwl q. AfH}AH. ~ '-1-0 ! . . - , I . Agenda Item No.: .AGENDA REQUEST Date: 10/21/92 Request to be placed on:' Regular Agenda Special Agenda Workshop Agenda x Consent Agenda khen: 10/27/92 Description of agenda item (who, what, where, how much): Reauest to waive Policies and Procedures which limit the provision of Housing Assistance to the Community Development Target Area. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend the CDBG Policies and Procedures be waived. Department Head Signature: ~~- ~- L Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: (9/ No8;vj Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . " - . r M E M 0 RAN DUM TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development, coordinator~ f THRU: Lula Butler, Director Community Improvement~ DATE: October 21, 1992 SUBJECT: Request for Commission Approval to Provide Emergency Repair Services Outside the CDBG Target Area ITEM BEFORE THE COMMISSION Request the waiver of CDBG Policies and Procedures which limit the provision of housing assistance to structures within the CDBG Target Area. BACKGROUND The CDBG Program Statement of Policies and Procedures at paragraph C2 states that "only those properties located within the boundaries of the CDBG designated target area are eligible for housing assistance." (The target area is that area bounded on the North by Lake Ida Road, on the South by Linton Blvd., on the West by 1-95 and the East by Federal Highway). The owner of property located at 225 NE 16th Street has requested emergency assistance to rewire the electrical system in her home as it is in a dangerous condition. In her application for assistance the homeowner states that she cannot afford this expense and has no other means of doing so. If we are permitted to assist this applicant, we will determine through our eligibility process if she meets the income criteria for participation. The Emergency Repair program will provide assistance of up to $3000 to address dangerous or unsafe substandard housing conditions. This applicants request is appropriate for this program. RECOMMENDATION It is recommended that the CDBG policy governing the Target Area be waived to allow the provision of Emergency Repair services outside of the area. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!.!ff/1 SUBJECT: AGENDA ITEM it ?c. - MEETING OF OCTOBER 27. 1992 ADMINISTRATIVE POLICY/EMPLOYEE DEVELOPMENT AND TRAINING PROGRAM DATE: OCTOBER 23, 1992 This item is before you to approve a proposed administrative policy for employee development and training. This policy provides for in-service training and establishes an Education Assistance Program which provides tuition reimbursement for general employees who meet certain eligibility requirements. Recommend approval of the Administrative Policy for Employee Development and Training. , . , I Agenda Item No.: AGENDA REQUEST Date: October 20, 1992 Request to be placed on: XXX Regular Agenda CONSENT Special Agenda Workshop Agenda When: October 27. 1992 Description of item (who, what, where, how much): Request City Commission -apprpv~J to establish an Administrative Policy that will promote education and skill develooment for eligible City employees. (Example: ,Request from Atlantic High School for $ 2.,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: City Man~ger recommends approval (Example: Recommend approval with funding from Special Events Account No, 001-3333-555-44.55). Department Head Signature: N/A City Attorney Review/ Recommendation (if applicable): N/A , " Budget Director Review ( required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: t1v1 Approved for agenda: S/ NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , " , , / C/ -'.c (\......... /ff7 10 1;;< 7 MEMORANDUM TO: David T.Harden F1 E :.:; t: i \/ :: City Manager FR: Doug Randolph O~, OCT , 3 1992 Grants/Training Coordinator CITY MMW;l:q'S OFFICE Edward J. Gusty t'{;t:> - THRU: Human Resources Director DATE: October 12, 1992 SUBJECT: ADMINISTRATIVE POLICY - EMPLOYEE DEVELOPMENT AND TRAINING Last Spring you approved the original format of this policy and returned it to me with a copy of a similar policy from Winter Park for my consideration. I found the Winter Park's section on Education Assistance to be more suitable for our needs and have revised this particular section to be more in line with Winter Park's policy. Upon your review and approval I will prepare an agenda request for City Commission approval on October 27, 1992. DGR/APP " " . MEMORANDUM TO: The City Commission FROM: David T. Harden tJ;!i, City Manager DATE: October 20, 1992 SUBJECT: ADMINISTRATIVE POLICY - EMPLOYEE DEVELOPMENT AND TRAINING I submit to you for your consideration an Administrative Policy that promotes education and skill development for our employees which will favorably impact productivity and the level of our services to the public. This Policy addresses our In-Service Training Program and our position relative to outside seminars and workshops. In addition, this Policy establishes an Education Assistance Program which will provide tuition reimbursement for eligible employees. This Program will support the employees efforts to further their education as applied to their current job as well as prepare them for future promotional opportunities. Policies on tuition reimbursement for our Police and Fire Departments were negotiated by the Police and Fire unions prior to my becoming City Manager. This new Administrative Policy allows similar benefits to be provided for our other employees. The Educational Assistance Program has been formulated with eligibility criteria and conditions to allow proper control and is subject to the availability of funds. DTH/dgr/edt . . City of ADMINISTRATIVE SUBJECT: GENERAL ADMINISTRATION POLICIES AND PROCEDURES EMPLOYEE DEVELOPMENT AND Defray MANUAL TRAINING Beach NUMBER REVISIONS EFFECTIVE DATE: PAGE 1 GA-39 -0- October I, 1992 OF 2 ~@ SUPERSEDES APPROVED BY: N/A DAVID HARDEN. City Manager T. GA 39.0 Policy: In an effort to continually improve the level of service rendered to the public, it shall be the City's Policy to foster and promote education and skill development for employees through various In-Service as well as other training opportunities and programs. GA 39.1 Policy and Procedures: . A) In-Service Training The City has established an In-Service Training Program which serves to identify, develop and provide relevant training programs on a regular basis throughout the year for its employees. These Training Programs are primarily held in City facilities; however, due to program content, they may be held off-site, i. e. , South Technical Educational Center. Every attempt is made to have these In-Service Programs conducted during the employee's REGULAR WORKING HOURS. While employees are encouraged to take advantage of these offerings, attendance is VOLUNTARY. These In-Service Programs are offered during regular working hours, permission for attendance needs to be secured from the employee's Supervisor and/or Department Head. B) Outside Seminars/Workshops While every effort is made to provide a variety of relevant In-Service Training to meet the needs of the City's employees, at times, due to specific job related requirements or specific content of the training, outside programs need to be attended. Attendance to such programs mayor may not be during the regular working hours and would be dependent upon justification of need and budgetary considerations. Department Head approval needs to be secured prior to registration or attendance. C) Education Assistance Program The City of Delray Beach encourages full-time eligible employees to continue developing and improving their skills for their current job and to prepare for promotional opportunities. The Education Assistance Program is established and designed to fill the City's need for a balanced program providing assistance to employees who are pursuing graduate, undergraduate or associate degrees at college level, GED's or diplomas, or certificates of completion. To qualify for this program the course work must be provided by an ACCREDITED educational facility and - be recognized by the State of Florida Department of Education. . . . . SUBJECT: GENERAL ADMINISTRATION EMPLOYEE DEVELOPMENT AND TRAINING PROGRAM Page 2 C) Education Assistance Program - Con't. This program will be administered by the Human Resources Department and is for non-probationary employees whose most current performance evaluation reflects an overall satisfactory or above rating. Any deviation from these criteria will be reviewed by the Human Resources Director. To participate in this program the employee must complete an Application for Reimbursement Form. This application must be approved by his/her Department Head and then submitted to the Human Resources Department no later then thirty (30) calendar days prior to the course beginning date. Employees will be notified in writing of approval prior to the start of class, Course work will be 1007. reimbursed for completion with grades of C or above except for graduate level college work where grades of B or above must be attained. Also 1007. reimbursable are Certificates of Completion or passing in Pass/Fail courses. Reimbursement shall ~e limited to two (2) courses per semester or four (4) per calendar year and is subject to availability of funds and the number of requests received at any given time. In no case shall reimbursement to any one employee under this program exceed $700 per calendar year. Reimbursement can be applied to tuition, books, educational supplies and lab fees. Travel costs are NOT covered. Reimbursement will NOT be allowed for those employees whose educational expenses are paid for thru other programs, organizations, individuals or agencies. Classes will be attended on the employee's OWN TIME and ALL employees receiving reimbursement under this program will be obligated to remain employed with the City for a minimum of one (1) full year after the completion of the last class attended in which they were reimbursed. Those employees resigning or terminating employment, for whatever reason, prior to the expiration of the required period, shall repay the City 1007. of the monies received under this program. Repayment shall be made to the City prior to the employee receiving their last paycheck. Employees wishing to be reimbursed must submit an Educational Assistance Reimbursement Request Form to the Director of Human Resources within thirty (30) calendar days from the receipt of grades or certification. Attached to this form shall be a copy of the employee's final grade and expense receipts for tuition, lab fees, books, and associated supplies. DGR/POLICY - . III' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,5/11 SUBJECT: AGENDA ITEM i <6 J) - MEETING OF OCTOBER 27. 1992 PROPOSED POLICY/NEIGHBORHOOD TRAFFIC ISSUES DATE: OCTOBER 23, 1992 This item was before the Commission at the May 26, 1992 regular meeting, at which time it was remanded to staff for further clarification. Concerns were expressed regarding the lengthy process and the lack of an appeals process. The policy has bE?en revised to address those concerns and is now ready for Commission action. The Planning and Zoning Board at their May 11th meeting forwarded the proposed policy with a recommendation of approval. Recommend approval of the proposed policy with regard to Neighborhood Traffic Issues. .. '.'1' . L'I\ !1c/~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER \ ~\~~~UG~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 27, 1992 POLICY FOR HANDLING TRAFFIC RELATED AFFECTING NEIGHBORHOODS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of a policy which provides direction on how to handle certain traffic related matters which impact neighborhoods. BACKGROUND: This item was before the City Commission previously at which time it was remanded to staff for some clarification. While there was support for the policy, a concern was raised that it would lead to unnecessary bureaucracy i.e. having every traffic related item referred to DSMG and the Planning and Zoning Board. While oral explanations were provided, the Commission directed that there be written changes to the policy. STEP 2 of the policy has been altered to specifically list the types of items which are subject to it. These include: Street closures, or partial closures; and the changing of traffic flow direction (i.e. change from two-way to one-way, etc. ) . PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of May 11, 1992, and forwarded it with a recommendation of approval. RECOMMENDED ACTION: By motion, accept the proposed policy and direct its implementation by the Administration Attachment: * Revised policy statement DJK/T:CCTRF . " DRAFT POLICY CITY OF DELRAY BEACH, FLORIDA November 1992 ADDRESSING NEIGHBORHOOD RESIDENTIAL TRAFFIC CONTROL ISSUES STEP 1 Issue raised (complaint received) in writing. - One page complaint form to be developed - Coordinate complaint definition with Homeowners Association (if applicable). STEP 2 Issue reviewed by Traffic Engineer to determine if it needs neighborhood input/analysis. Issues to be addressed through this policy are: Road closure requests Partial road closure requests Change road from one-way to two-way Change road from two-way to one-way All other issues are to be addressed by the Traffic Engineer administratively. STEP 3 Issue evaluated and presented to DSMG -> P&Z (Administration) (Planning and Zoning Board) with recommendations for addressing issue, definable study objectives, and resources necessary. STEP 4 DSMG and P&Z makes recommendations - Neighborhood input to be sought thru P&Z and by notification of residents and/or Homeowners Association. STEP 5 Recommendation(s) analyzed and revised (if necessary) by Traffic Engineer. STEP 6 Recommendation(s) taken to P&Z for discussions and authorization of primary recommended action. (Appealable by City Commission). STEP 7 Recommendation designed and installed/implemented using temporary materials. - Final/permanent plans and renderings prepared. -. 1.\1' STEP 8 Study (after) input gathered thru Traffic Engineer and P&Z (3 - 12 months). STEP 9 Evaluation of temporary/initial actions/improvement(s). STEP 10 Evaluation report prepared - Did project obtain objectives? - Input received following implementation. - Recommendations: - other alternatives - further analysis - make permanent STEP 11 Evaluation report to DSMG (Administration) and P&Z (Planning and Zoning Board). STEP 12 Adoption of recommendation(s) - make it permanent OR - implement new alternative and begin study period. T:\ADVANCED\RESIDENT . "'11 , PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR OF PLANNING AND ZONING DEPARTMENT FROM: GREG LUTTRELL TRAFFIC ENGINEER RE: RESIDENTIAL/NEIGHBORHOOD TRAFFIC CONTROL RECOMMENDED POLICY DRAFT DATE: APRIL 22, 1992 As the Traffic Engineering function in the City becomes more established, we are receiving an increasing number of residential/ neighborhood traffic control requests. Many of these requests deal with purely technical (missing signs) or enforcement issues. These requests are being addressed through existing processes. We are however, seeing many of the traditional neighborhood traffic issues being raised that can't be fully addressed using existing processes. Neighborhood traffic controls not only must meet technical requirements, but need to address social, environmental, and safety issues. The technical items are relatively straight forward. The other issues should be dealt with through both the City Administration (DSMG, City Manager, City Commission) and the Neighborhood (Citizen Advisory Board, Homeowners Association). It was recommended at the DSMG meeting that the Planning and Zoning Board act as the Citizen Advisory Board (CAB). The solutions or actions involved to address neighborhood traffic issues are numerous, must be part of an comprehensive approach, and can be controversial. Attached is a draft policy providing a structure for addressing non-technical neighborhood traffic issues. This draft outlines a series of steps required to address these issues. It provides for input from the residents, administration and final approval by the Commission. It also recommends evaluation steps, a two stage implementation (temporary, permanent) process, and continuing public approvals during the whole process. The Neighborhood Task Team report identified traffic control issues in almost all neighborhoods. Additionally, we have recently received two complaints of speeding through two separate neighborhoods, and are addressing the Palm Square closure question. I would like to use the process outlined in the attached draft policy in addressing neighborhood traffic issues. Please review and comment on the attached draft policy,which has been revised following the discussion at DSMG. Please provide direction on what actions will be necessary to have it officially adopted. Attachment GL\A:i3\RESIDENT - HI; " , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~j FROM: CITY MANAGER '{ SUBJECT: AGENDA ITEM ~ gl: - MEETING OF OCTOBER 27. 1992 SUNSHINE AND CONTINENTAL CUP TENNIS TOURNAMENT DATE: OCTOBER 23, 1992 We have, received a request from the Chairman of the Sunshine and Continental Cup Tennis Tournament for authorization to erect flags, welcome and directional signs in the City's rights-of way at Linton Boulevard, Lindell Boulevard and Dotterel Road in conjunction with the tennis tournament being held December 13 through 20, 1992. The Chairman proposes to erect the signs no later than November 16th. Section 4.6.7 (D) (3) (j) (ii) of the LDRs provides that event signs may be placed one week prior to an event. Staff recommends that this provision be waived and that a compromise date of November 30th be approved. There is also a request for police coverage during the event. Last year police overtime assistance was prov ided a t no charge. Over 150 man-hours was expended for this event at a cost of over $2,200. Given budget constraints, staff feels that it is appropriate to charge a fee for these services this year. Additionally, the Chairman has requested that the City release the $10,000 in funding budgeted for this event. Recommend waiver of LDR Section 4.6.7 (D){3){j){ii) to permit flags, welcome and directional signs to be erected on November 30, 1992 and authorize the release of the $10,000 in funding budgeted for this event. ifl wd !d vWjuiL1A curuf.tL Qfl/ 9. /III. . " " h / I 1-- ,h}~.. r I [IT' DF DELIA' BEA[H 100 N'w. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 MEMORANDUM TO: David T. Harden, City Manager FROM: fJ:I.> Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: AGENDA ITEM =# CITY COMMISSION MEETING, Oct. 27, 1992 SUNSHINE CUP/CONTINENTAL CUP TENNIS TOURNAMENT DATE: October 21, 1992 ACTION City Commission is requested to approve the request from the Sunshine Cup/Continental Cup Tournament Chairman for City assistance and to approve the release of funds as budgeted. BACKGROUND We have received a request from Mr. Claudio Colucci to provide City assistance for the Sunshine Cup/Continental Cup Tennis Tournament to be held December 13th through the 20th at the Delray Racquet Club. In addition, Mr. Colucci is requesting release of the $10,000 budgeted for this event. Assistance is requested for installing international flags, welcome signs and directional signs, and in providing additional police coverage. Police overtime assistance was provided last year at no charge. Over 150 man-hours of overtime was expended for this event at a cost of over $2,200. Due to budget constraints, staff does not feel that this event can be absorbed through the departmental budget. RECOMMENDATION Recommend approval of the request, changing the date for the installation of the flags to November 30th and the welcome and directional signs to December 4th, waiving the LDR's section 4.6.7 (D)(3)(j)(ii) one week requirement for the installation of signs, charge the event for Police overtime costs, and authorize release of $10,000 budgeted for this event. RAB:kwg AGENDA:RMOCT23 THE EFFORT ALWAYS MATTERS . j1\SfrN U^f AT DELRAY RACQUET CLUB "A TENNIS COMMUNITY" DELRAY BEACH 407-272-1688 750 EGRET CIRCLE. DELRA Y BEACH. FL 33444 NA T'L 1 .800.336-6925 / Kfi\ITY INC. FAX 407-272-0139 October 14, 1992 REC~E;\.l l=L.t Mr. David Harden OCT 1 6 1992 City Manager, Delray Beach CITY ,V;.4i",:n;::R"" ", "'" 100 N.W. 1st Avenue Delray Beach, FL 33444 .. 'f, t .'~ L;:~ i :t:t Re: Sunshine Cup and Continental Cup Tennis Tournament, December 13-20 ~ , Dear Mr. Harden, Once again, it is time to set the wheels in motion. Accordingly, \tIe would sincerely appreciate your assistance in the following manner: ( 1 ) International Flags: Request the flags installed along Linton Blvd. no later than November 16th. The flags are presently with the Chamber of Commerce; the contact there is Kathy Shabotynsky - 278-0424. ( 2 ) Welcome and Directional Signs: Prepare, put up and remove ;y welcome and directional signs at Lindell and Dotterel roads. This we would appreciate being accomplished by November 16th also. . ( 3 ) Police Coverage: On opening day, December 13th and throughout the tournament, additional police coverage of the general area. I will gladly answer any questions you may have. You may telephone me at any time. Thank you for your help and support. You helped make the 1991 Tournament a huge success. I look forward to seeing you on Opening Day. , ~ ~C!-LL- lucci t Chairman CC/gf/bp cc: _ K?thy Shabotynsky, Chamber of Commerce file / . . r Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444.3695 RICHARD G. OVERMAN (407) 243.7888 Fax (407) 243.7816 Chief of Police AS OCT 2 1 '992 MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager FROM: Richard M. Lincoln, Maj or f~ Field Operations Bureau THRU: Richard G. Overman, Chief of Police DATE: October 21, 1992 SUBJECT: SUNSHINE CUP TENNIS TOURNAMENT Per your request, I have researched the amount of police manpower committed to last year's Sunshine Cup Tennis Tournament. In reviewing our staffing assignment (attached) , it would seem that a total of 150 police man-hours were spent during this one week event. This represents a combination of on duty, assigned officers and officers on overtime. A total of 81 overtime man-hours were committed to this project representing $2,268.00 ($28.00 per hour, top out police officer's overtime rate) in order to accomplish staffing needs. This is a significant commitment of both on duty man-hours as well as overtime dollars; and given budget considerations, I would strongly urge that funding for the anticipated overtime be collected. RMLjppt Attachments COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfi<1 SUBJECT: AGENDA ITEM ~ g;: - MEETING OF OCTOBER 27. 1992 FINAL PLAT APPROVAL/TRACT R DELRAY PARK OF COMMERCE DATE: OCTOBER 23, 1992 This item is before you to approve the final plat for Tract R Delray Park of Commerce located at the northeast corner of Congress Avenue and Lake Ida Road. At the April 23, 1991 regular meeting the Commission approved a modification to the Master Development Plan for the Delray Park of Commerce. The modification involved a change in the land use for Tract R from office to retail and industrial. As a condition of that approval replatting was required. That replat action was to provide cross access and to preserve a group of slash pines located within the Tract. The plat before the Commission is a minor subdivision plat which subdivides Tract R into two parcels. All other conditions of approval have been complied with except the preserve area note and the plat is ready for Commission. The Planning and Zoning Board at their September 21st meeting recommended approval of the final plat subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for Tract R Delray Park of Commerce subject to the conditions as recommended by the Planning and Zoning Board. m OO'eQ -1-0 ~ Q6J 9. {Ifff}-. ~ ~ ~ ~~- t/-o " 'I c"~ i'fA\, C I T Y COM MIS S ION DOC U MEN TAT ION TO: CITY MANAGER THRU: ZONING FROM: SUBJECT: MEETING OF OCTOBER 27, 1992 FINAL PLAT FOR DELRAY PARK OF COMMERCE TRACT "R" **REGULAR AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for Tract "R" within the Delray Park of Commerce. The project is located at the northeast corner of Congress Avenue and Lake Ida Road. BACKGROUND: On April 23, 1991 the City Commission approved a modification to the Master Development Plan for the Delray Park of Commerce. The modification involved a change in the land uses for Tract "R", from office to retail and industrial. As a condition of that approval the subsequent rep1at was to deal with the issues of cross access and the preservation of a group of slash pines located within the tract. The plat petition was received in January, 1992, with action scheduled to take place at the March 16, 1992 Planning and Zoning Board meeting. However, just prior to the meeting date the applicant requested to substantially change required information concerning the preserve area note. Once the applicant was informed of staff's recommendation not to change the preserve area note, a request was received from the applicant to postpone the meeting date in order to resolve the preserve area issue. On September 11, 1992 a project representative met with staff. As a result of that meeting, the applicant stated his intent to comply with staff's recommendations and his intent to change the orientation of the plat from a 3 lot replat to a 2 lot replat. By changing the orientation of the plat the applicant feels that the preserve area will no longer create the same hardship due to the increased area of the lot. For more detailed analysis see the attached Planning and zoning Board staff report. . City Commission Documentation Delray Park of Commerce - Tract "R" Page 2 PLANNING AND ZONING BOARD CONSIDERATION: Prior to the action taken by the Planning and Zoning Board at its September 21, 1992 meeting, the applicant submitted a request to alter the language within the preserve area note. The Planning and Zoning Board did not accept the requested change and recommended approval subject to the following conditions: 1. That the preserve area be delineated on the plat and that the preserve area note read as follows, "The preserve area shown on Lot R2 delineates a stand of existing slash pines. Pursuant to initial approval of the Delray Park of Commerce Master Plan, the developers of Tract "R" are to be sensitive to this existing stand of Slash Pines, and that every effort be made to preserve and protect this important stand of trees to the maximum extent possible." 2. That the cross access easement shall be for Lots Rl and R2 and that the dedication statement for the cross access easement read as follows, "The cross access easement as shown hereon, is hereby dedicated as an access easement for the benefit of Rl over and through R2 in order to access Park of Commerce Boulevard, and that the right of construction, maintenance, and access is reserved to the developing tract." 3. That R2 and R3 be combined to form a new R2. 4. That documents supporting the ownership of R2 and the delegation of authority for the Resort at Indian Springs, Inc. be provided. ANALYSIS The applicant has requested to change the phrase "and that every effort be made to preserve and protect this important stand of trees to the maximum extent possible" to "and that efforts be made to preserve and protect this important stand of trees." It is staff's opinion that the change in language that has been requested is not a substantial change and would not change the intent of the condition. All other conditions of approval have been complied with except the preserve area note and the plat is ready for Commission approval. . City Commission Documentation Delray Park of Commerce - Tract "R" Page 3 RECOMMENDED ACTION: By motion, approve the replat of Tract "R" within the Delray Park of Commerce with the language for the preserve area as outlined within the applicant's September 14, 1992 letter. Attachment: * P&Z Staff Report and applicant's September 14, 1992 letter T:TRACTRCC.DOC . ",---- ~~~t:1 ~ ~ e:..~~ w lw --. ,., ~: 0,,, 10" '- U ~ ~ = G~ ~~~_~ .." 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Iai~~ 8 ~~ ~ ~ rii. g: K1~~ 41;::) C ~ ~o.C~ ~ In ---~ I /' I I ' ~ I '\ ! , , , I P & Z Board Staff aport Tract "R" Final Plat Page 4 (G) In order to provide for more balanced demographic mix, the development of "large scale adult orientated communities" on the remaining vacant land is discouraged. Does not apply. 3.3.4(B') Standard for Specific Areas/Environmentally Sensitive Areas: That any significant flora or fauna communities which are identified pursuant to a biological survey and habitat analysis required by Conservation Element Policy B-2.1 are being appropriately treated as if they were environmentally sensitive areas listed in Objective B-1 of the Conservation Element. See item (F) above. TEe H N I C A L I T EMS . . While the Board may take action on this replat petition, the following technical items must be complied with before this petition can be scheduled for city Commission action: 1) As a condition of approval for the Master Development Plan Change (4-23-91) the delineation of the preserve area and the explanation regarding its preservation are required as they pertain to Lot R2. Compliance Nith this condition of approve I is not provided. 2) The cross-access provisions for Lots R2 and Lot R1 is not provided. Also, with the revised submittal 'of August 28, 1992 the ownership for Lot R2 has changed. Therefore, a copy of the last recorded warranty deed for Lot R2, authorization from the new owner, and a clarification of the delegation of agency are required. ASS E S MEN T : Although on the surface it seems that this plat only subdivides interest of Tract "R", there are previously identified issues that need to be dealt with. The revised submittal of August 28, 1992 does not adequately address the issues of the slash pine preservation or the cross access between R1 and R2. Before any approval can be given these issues must be accomplished. A L T ERN A T I V E C 0 U R S E S o F ACT ION : A. Continue with direction. B. Approve the preliminary plat and certify the final plat as being consistent with the preliminary plat. C. Deny the request with basis stated. . P & Z Board Staff aport Tract "R" Final Plat Page 5 R E COM MEN D E D ACT ION : By separate motions, 1. Approve the preliminary plat, subject to the following conditions: A. That the preserve area be delineated on the plat and that the preserve area note read as followd, "The preserve area shown on Lot R2 delineates a stand of existing slash pines. Pursuant to initial approval of the Delray Park of Commerce Master Plan, the developers of Tract R are to be sensitive to this existing stand of Slash Pines, and that every effort be made to preserve and protect this important stand of trees to the maximum extent possible." B. That the cross access easement shall be for Lots Rl and R2 and that the dedication statement for the cross access easement read as follows, "The cross access easement as shown hereon, is hereby dedicated as an access easement for the benefit of Rl over and through R2 in order to access Park of Commerce Boulevard, and that the right of construction, maintenance, and access is reserved to the developing tract." C. That R2 and R3 be combined to form a new R2. D. That documents supporting the ownership of R2 and the delegation of authority for the Resort at Indian Springs, Inc. be provided. 2. Certify the final plat as being consistent with the preliminary plat, subject to the following condition: * That the preliminary plat conditions be complied with. Attachments: * Reduced Plat, as submitted SET#4/TRACTRPZ.DOC , ~ i~ j ~~ I fl.. j.1 --- 32 " o~ ~=c ~" -1 ~ W ' ~ (SY:lIf),tz' u,ze; ... b~ '$-0.. 8' A6'O~ -=-- > .. h' "" .: _ (~>'7.1). 9Z 'Il; J .L Z .t9 .9r .IlS _ - !-- _ ~ Jl8;o--- · , 0:: ~;S ~ I r, T =:IT.=:LJ \::::> ~~::l If .ZZ"LQ"-r ~tlll- \ (f) 0) "- ~~Q . I ~lr) to, ~ 0) 'I ..., I @ t..j ~ \ ~1Q1ri \ lID. ~Q:; J ~ ~ " 0 ?: r- oq; ~ ""! ~. 0::: o....l~ ~ 11 I ~ ~ I ~ ~ ~ 0: 0 Z ~_ Q. II~ I I ~~ I - \ I tl7g'50'Ocf~ ~ I \ \ z C) ~ ~CI) 0 rY 2~ ~~ \ L-- -... :5'" ~ n: .- .. lD~ ~tJ ~ <( ~ '" @~: ~ \ u ~ ~ I 0::: ~ ~ LL ~_ ~-: t- ~ ~ t~ n::: Q ~ o"\~~ w cQ ~ ~\~~~ u ~ cr ~~ ~ ~~ \ ~\.~.~ ~ w -, -' ~ Q:n: N V) ... h' ~ ~"f \ 0 ~ tJ \ 'g\\.. ~ .....J ~ v- V:l ~ II ~ ,,~ ~ '. ~ oq; ;... II) 10 0... r- /'\ r_.. a.; i-1 <: CI) 'S ..... n t.J +l ~ '-- t- (~ ~ .... N C~ \ l> . . . ~ . 10 ....~ ~ ~ 0::: Q:o, ~ ~ ~ ~ ~ ~ II en ~<:"t- ~~ I: ~ I ~ ~ ~ \~ ~ ~ I ~o " 0: . (\ a.. - co ~ 0 . . C) 10 it> ~~ '" _.. tJ .... ~.... ,...: ~ II) II~ I ~ ~~ ~ ~'.6r~.l9~ I :;;'j k: lti ~ I ~ ~ ~ l6~Ol ~ ~ h a.. h~ (oq N I ~ c~ . r, !-l \0.... ~13 II ~ '-' ~ ;..of , ? II ~ ~~ ~ ~ ~ .~~ ( 0, ~ '" tl)r ~ ~ ~ ~ J - . ~ ~ -~. C) 0 .... ~z..... ~ .oe II lHJ"JM J~ S:a ~ t-: "1138 ........,.,...~I'J O~ . _ elf ..-.v.....I'oVl .or e elf I t6"19' 3 . ^ ~ 0 .DI,tZ.tgS ~ "I" , 0::1'< __ "-<( Q.O -- =-- __ Q: ~.:. ~/(.,.lncf),elreSJ .iI..lJJ,tZ.lo ~ 5 ~ SY3J'f).~ 'SS J 9 h ~ L _ ~~ I 1HJI\J~ (sYvrJ,Z"'IOZ ~ ~ -----o~ ~ ~ ~ ;---1J - ----: I w gl~ avoCl - --- l- it ~ val 3)jt-7 ~ In . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~1 SUBJECT: AGENDA ITEM # '6(;, - MEETING OF OCTOBER 27. 1992 ADDENDUM NO. 1 TO SERVICE AUTHORIZATION NO. 2/MICHAEL B. SCHORAH AND ASSOCIATES. INC. DATE: OCTOBER 23, 1992 This item is before you to approve an addendum to Service Authorization No. 2 in the amount of $14,412 plus reimbursable expenses not to exceed $1,200 for additional engineering services for the North, Central and South Beach Sanitary Sewer Reconstruction Project; and modifying Service Authorization No. 2 by deleting Phases IV (bidding/negotiation) and V (construction phase) services at a savings of $17,827. The North, Central and South Beach project includes Waterway Lane, Thomas Street, Seabreeze Avenue, Vista Del Mar, Basin Drive, Bronson Avenue, Salina Avenue, Palm Avenue and Lowry Street. Additionally, this addendum modifies Service Authorization No. 2 by deleting Phases IV (bidding/negotiation) and V (construction phase) services from the contract. These services will be provided in-house by staff. The total amended compensation for scope of services in Service Authorization No. 2 and Addendum No. 1, exclusive of reimbursables is $45,694.50, which represents a net decrease of $3,415 over the original contract amount. Recommend approval of Addendum No. 1 to Service Authorization No. 2 for the contract with Michael B. Schorah and Associates, Inc. ; with funding from Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178-536-61.84). . ",' " Agenda Item No.: AGENDA REOUEST Date: October 20, 1992 Request to be placed on: ~ Regular Agenda . _____ Special Agenda _____ Workshop Agenda When: October 27, 1992 Description of item (who, what, where, how much): Staff requests that Commission approve Addendum No.1 to Service Authorization 2 for Michael B. Schorah & Assoc., Inc. to include sanitary sewer design services in the enqineerinq of road reconstruction oroiects in the north. central. and south beach areas. This Addendum adds sanitary sewer design to the project scope for additional design fees of $14,41~.OO, and a reimbursable allowance not to exceed $1,200.00. It also deletes the bidding/negotiation and construction administration hases from Service Authorization No.2 for a fee reduction of $17 827.00 The fundin source for additional desi is account no. 442-5178-536-61.84. 1"/0 ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED YES~ Recommendation: Staff recommends approval of Addendum No. 1to.Service Authorization No.2 for Michael B. Schorah & Associates. Inc. Department Head Signature: p~o- -u~ Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: E NO Funding alternatives (if ~ Account No. & DescriMionA42--5{1~,0(-gf ~f'.. rAN~ ~_A2L6). Account Balance ~IOI ) City Manager Review: Approved for agenda: @/NO (1M Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt . MEMORANDUM TO: David T. Harden City Manager ~ THRU: William H. GreenwooditJ/} Dir. of Environmental Services FROM: Richard C. Hasko, P.E. ~ Asst. City Engineer DATE: October 20, 1992 SUBJECT: ROAD RECONSTRUCTION PROJECT, NORTH, SOUTH AND CENTRAL BEACH - PROJECT NO. 92-002 Attached please find an agenda request accompanied by Addendum No. 1 to Service Authorization No. 2 for Michael B. Schorah & Associates, Inc. to provide additional engineering services for the subject project. Results of the city's I & I program for sanitary sewer rehabilitation have identified areas within the scope of the road reconstruction project where sanitary sewer reconstruction is required. This Service Authorization Addendum accommodates the engineering design and permitting of these sewer lines in conjunction with the road reconstruction project for an additional fee of $14,412.00, and a reimbursable allowance not to exceed $1,200.00. It is also the intent of this Addendum to delete the bidding/negotiation and construction administration phases from Service Authorization No. 2. This results in a fee reduction of $17,827.00 from Service Authorization No. 2, and a net fee reduction for the project, excluding reimbursables, of $3,415.00. Environmental Services Department will perform the bidding/negotiation and construction administration services in house. The funding source for additional fees is account no. 442-5178-536-61.84. DH: mm cc: Ralph E. Hayden, P.E., City Engineer George Abou-Jaoude, Dep. Dir. of Public Utilities File: Memos to City Manager DH202020.MRM . " MICHAEL B. SCHORAK , ASSOCIATES CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: ADDENDUM NO.1 TO SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 442-5178-536-61.84 PROJECT NO. 92-002 (CITY) 92-713 (MICHAEL B. SCHORAH & ASSOC.) TITLE: SANITARY SEWER RECONSTRUCTION PROJECTS - CAPITAL IMPROVEMENTS This Addendum, when executed, shall be incorporated in and shall become an integral part of the Contract, dated November 6, 1991, and amends Service Authorization No. 2, dated March 20, 1992, between the city of Delray Beach and Michael B. Schorah & Assoc., Inc. I. PROJECT DESCRIPTION Provide engineering services in conjunction with the design and permitting of sanitary sewer line rehabilitation/reconstruction projects at locations as listed below, and in coordination with road reconstruction projects identified in Service Authorization No. 2. This Addendum will also modify Service Authorization No.2 by deleting Phases IV and V from the scope of services. Sanitary Sewer Reconstruction Locations: 1. Waterway Lane 6. Bronson Avenue 2. Thomas Street 7. Salina Avenue 3. Seabreeze Avenue 8. Palm Avenue 4. Vista Del Mar 9. Lowery Street 5. Basin Drive II. SCOPE OF SERVICES A. Phase I - Study and Report Phase Not included. B. Phase II - Preliminary Design Phase Not included. . " C. Phase III - Final Design Phase Consultant to provide engineering design for sanitary sewer reconstruction projects as identified herein, and in conjunction with roadway reconstruction plans for roadways identified in Service Authorization No.2. This phase shall include the acquisition of all permits required to construct the sanitary sewer projects, as well as construction cost estimates to be segregated per the City's direction. D. Phase IV - Bidding/Negotiation Phase This phase is hereby deleted from Service Authorization No.2. E. Phase V - Construction Phase This phase is hereby deleted from Service Authorization No.2. III. BUDGET compensation shall be made using Method II of the agreement as follows: A. The City agrees to compensate the Consultant for services in conjunction with this Addendum for an amount not to exceed $ 14,412.00. B. Reimbursable expenses incurred in conjunction with the performance of services in phase III of this Addendum, exclusive of permit fees, shall be compensated in an amount not to exceed $ 1,200.00. C. Consultant agrees that a total of $ 17,827.00 in compensation for services under phases IV and V as authorized in Service Authorization No. 2 is hereby deleted from the agreement. D. Total amended compensation for scope of services in Service Authorization No. 2 and Addendum No. 1 thereto, exclusive of reimbursables, is $ 45,694.50. IV. COMPLETION DATE Consultant shall complete the work outlined in Phase III within ninety (90) days of issuance of authorization to proceed by the City. This service authorization is approved contingent upon the city's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in it's sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liabili ty. The CONSULTANT may not commence work on any services authorization approved by the City to be included as part of the contract without a further notice to proceed. '. . Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date: Date: Thomas E. Lynch Mayor Witness witness Attest: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ Approved as to Legal day of , Sufficiency and Form by (name of officer or agent, title of officer or agent), of ( name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) ( a s identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Signature of Acknowledger Typed, Printed or Stamped . " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~l SUBJECT: AGENDA ITEM it 5511 - MEETING OF OCTOBER 27. 1992 EMERGENCY REPAIR/AWARD OF BID DATE: OCTOBER 23, 1992 This item is before you to approve the emergency repair of a sanitary sewer line, manhole and service laterals on White Cedar Lane in the Del-Aire Subdivision. These repairs were necessary due to leaks in the sewer line which caused the undermining of the pavement and the erosion of the manhole base on White Cedar Lane. We have received quotes from our emergency contractors. While Jackson and Davis, Inc. was the low bidder, their quote did not include the replacement of 80 feet of sanitary line. Therefore staff recommends award of bid to Ocean Bay Company in the amount of $36,250. Recommend approval of the emergency repair of the sanitary sewer line, manhole and service laterals on White Cedar Lane and approval of the award of bid to Ocean Bay Company in the amount of $36,250 with funding from Renewal and Replacement Sewer System/Mains and Lines (Account No. 442-5178-536-63.51). .. '111 . Agenda Item No.: AGENDA REQUEST Date: OCTOBER 20. 1992 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: October 27. 1992 Description of item (who, what, where, how much) : Staff requests City Commission aporove award of bid to Ocean Bay Co. in the amount of $36.250.00 for emerqency repair at Del-Aire Subdivision. This repair includes the manholes and sewermain which at this time is undermining the pavement and the road wi 11 coll apse unl ess thi s repai r is done immedi atel y. Funding will be from R&R 442-5178-536-66766. 0~~1 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends City Commission approve award of bid to Ocean Bay Co. for emeraency reoair to manholes and sewer main at Del-Aire Subdivision. Department Head Signature: /J/d&~ ,,// /zcJ l' 2- , f ( Determination of Consistency with Comprehensive Plan: City At"torney Review/Recommendation (if applicable) Budget Di.rector Review ~red on all items involving expenditure of funds): Funding available: YE NO Funding alternatives (if ap~~Cable) Account No. & DescriPtion.f@-tT;f-~~.~~( ~ ~ Account Balance~1 ~O F \l~ City Manager Review: Approved for agenda: &/NO tfl Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . MEMORANDUM 'J E (' r"- "....". 1'-1= ....ti=l VeLI OCf , 6 1992 TO: David T. Harden C i TV iV]1\ r.! :} (; o:n (, '. i: J (' ( City Manager ... ".- > >.1: . I ~L THRU: William H. Greenwood Director of Environmental Services FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ: EMERGENCY REPAIR AT DEL-AIRE SUBDIVISION DATE: October 16, 1992 Our crew has been repairing these manholes and service lines for the past year. The bottom of the manholes seem to be deteriorating which is causing infiltration and undermining of the pavement. I visited the site and noticed that the main and manholes need to be repaired immediately before losing the road. There are major depression in the road around the manholes. Attached are four estimates from the emergency contractors approved by City commission on February 25th. Also, attached is a letter from the President of Del-Aire Subdivision Association requesting repairs. 0 Belvedere Construction: $60,000.00 0 W. Jackson & Sons: $37,200.00 0 Johnson - Davis, Inc. : $30,000.00 0 Ocean Bay Co.: $36,250.00 Johnson - Davis, Inc. 's bid does not include the replacement of 80 feet of sanitary line. I recommend that the award of bid to repair this job go to Ocean Bay Co. - Account R & R 442-5178-536-60.66. Please review and if approved, please place on the next agenda for award. cc: FILE; Memos To City Manager's Office a;GA:Warehouse . q, ., Ill' 111 II .i111t II III1III II 11111 ,11111111 lilli', 0111 II 11111111111 111,1 1111'i IDI I'Olhl': ~111L1lllllrBIII !lllh 1IIIIii::: I II~ ~'II'~ 111"~l~I,<<rntf",~nnt\i C;fRVICES "III1IIlII:IIIIIIIII:g~,l!lFiII~,~~,!3III1i1 9~lIl~~' 20 PM r.: II Property Owner's Association, InH r:. C f:' V ED 4646 White Cedar Lane, Delray Beach, Florida 33445 August 18, 1992 Mr. Scot Solomon Delray Beach Sewer Department 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Mr. Solomon: About three weeks ago we spoke about the d~pression in the pavement around the sewer covers on White Cedar Lane. I would appreciate a date when this will be repaired. Please advise as soon as possible. Thank you. Sineerely, "'I .". " .' /' / t. /// '/~ 1:/' . ______-. / (,1" / ,,/ / / /' ./; .' /' ,....... .,,'-, ,,' ,/? ) , , ", ,/ /" ,. ,-~' I /~1~' / ;/ v. . .' / r./,' # /,///t/( ,t, /1_,/ ! ({, /_./1 i Y A-L t _ I' \. / Sau:l einberger, Presid~nt .-.- Property Owners' Assbciation SW/arm I ., "jl Ocean Bay Construction, Inc. Ft! VIR m/l-1F NT 1\, i C'.f H V It: r s 2200 N.W. 16TH STREET 92 OCT -6 AMJ): 27 POMPANO BEACH. FLORIDA 33069 BROWARD: (305) 960-0130 l..'(CCC'VC'D t t.... 'L;.' l:. October 5, 1992 Hr. C'.eorge 1\1:::ou-Jaoude Deputy Director of Public utilities City of Delray Beach 100 NH 1st Ave. De1ray Beach, Florida 33444 Re: De1aire COuntry Club - Errerqency P.epairs (Manholes) ".t 't-1hite C'.edar Circle Dear !!r. l\bou-Jaouc,e: In reference to the ar.JOVe errergency repairs, the follOY7ing prices are suffii tted: l. :Re.Irove and replace (1) 11' G" Sanitary Se-.'er !mmo1e a. Install appro:xirn.ately 30' of 8" :t?VC pi':ne. b. :R.eplace "lith lirrerock r.ase and asphalt. 'I'Ol'AL cn.1PI.ErE COST $ 22,250.00 2. :Rerrove and replace daF.\aged PVC, due to an infusion of leakage at the rot~ of th.e existiT'.g Sanitary Se-.'er ~~ole. 8. . Rer'ave and replace approimately 50' of 8" PVC. b. Complete necessary tie-ins. c. Replace with lirrerock and asphalt. TO:'l\L CC?'TlID'E COST $ 14,000.00 * Densi ty approval by others. .?;?trulY~'. ," '-.~.756'~6-.k;Y~~a~,. Ronald F.. Penta President WATER. SEWE.R . DRAINAGE. . CONCRE.TE . GRADING. PAVING. PARKING. STREE.T . HIGHWAYS '. " J - Q'NV,r,011Hr' , .. r, 11 ., l~ Tt\, SF/?V/('l:">:- JOHNSON-DAVIS INC. ',.' HEAVY CONSTRUCTION ~~1<4 92 AUG -:3 P11 3: 2L UNDERGROUND UTILITIES 604 HILLBRATH DRIVE t"~ r- -- ..-. LANTANA. FLORIDA 33462 h..:.C;t:iVED 407.588.1170 July 31, 1992 Mr. Scott Solomon City of Delray Beach Environmental Services 434 South Swinton Ave. Delray Beach, Florida 33444 RE: SANITARY REPAIR VARIOUS LOCATIONS Dear Mr. Solomon: Enclosed is our proposal for sanitary sewer repair at various locations. The following are special provisions common to all. - - density testing is included - manhole painting is included - fire hydrant meter to assist in compacting, to be supplied by the City of Delray Beach - bypass pumping as required by Johnson-Davis Inc. - all permits fees to be waived - thermo plastic stripping is excluded - all repairs are bid as spot repairs - additional work to be performed on a time and material basis If we may be of assistance, please contact our office. .~/fC Scott J Johnson President SJJ/pmc encl. ., - LOCATION: Delaire Blvd. - Pines of Delray SCOPE OF WORK: replace 4' diameter (8-'./ manhole, 6-8 if 8" PVC 1n / two directions, repaIr base, asphalt and damaged sod PRICE: $12,600.00 LOCATION: Junniper Drive & Flame Vine - Pines of Delray SCOPE OF WORK: replace 12-14' cut manhole with new 5' diameter manhole, reconnect forcemain, reconnect ( 3 ) 8" lines, repair base, asphalt and damaged sod PRICE: $28,000.00 ,- LOCATION: White Cedar lane (lift Station 59A) SCOPE OF WORK: replace 10-12' cut manhole with new 4' diameter manhole, reconnect 3 lines, repair base, asphalt and sod PRICE: <f:2 ' 5~0 .0 Y7' - LOCATION: White Cedar Lane & White Cedar Drive SCOPE OF WORK: replace service wye from main to property line, repair base, asphalt and damaged sod I PRICE: ~553 LOCATION: pine Lake Drive - Hamlet SCOPE OF WORK: replace 12' cut manhole with new 4' diameter manhole, reconnect 2 lines & associated restoration PRICE: $19,000.00 . III, "~UN ,')~ TE-- 8/25/92 BELVEDERE CONSTRUCTION CO. PAGE -- :I. BID QUOTATION ..JOB =:: 1904 DELRAY BEACH, CITY OF MISC. SEWER REPAIRS BELV...JOB =:: FILE=:: QUANTITY UNIT PRICE EXTENDED JOB TYPE S SANITARY SEWER 001 SYSTEM 2, MH 64-65 1.00 LS 51,000.00 51, 000.00 002 100 SW 7TH AVE ) 1..00 LS 22,000.00 22,000.00 003 SYSTEM 59A, MH 1 (t>€"L- tx\rll[ 1..00 EA 39,000.00 [39, 000.00 .-' 004 SYSTEM 59A, MH 3-4 (b'[. l _ \\ ,(\~ ) 1.00 LS 21,000.00 21.000.00 ~ 005 727 PINE LAKE DRIVE 1..00 EA 30.000.00 30,000..00 TYPE TOTAL 163,000.00 ..JOB TOTAL 163,000.00 THE FOLLOWING PROVISIONS APPLY: 1. THE PRICES INCLUDED HEREIN DO NOT INCLUDE COST OF PAYMENT AND PERFORMANCE BOND SHOULD SAME BE REQUIRED. 2.. OWNER SHALL BE RESPONSIBLE FOR OBTAINING AND PAYING FOR ALL PERMITS NECESSARY FOR THE COMPLETION OF WORK COVERED BY THIS CONTRACT. ANY COST INCURRED DUE TO PERMIT CONDITIONS REQUIRING ADDITIONAL WORK BEYOND THE SCOPE OF PLANS AND SPECIFICATIONS SHALL BE PAID BY OWNER. 3. PRICES QUOTED DO NOT INCLUDE HAULING IN ANY OFF-SITE BORROW FILL OR HAULING AWAY ANY SURPLUS MATERIAL.. 4.. PRICES QUOTED DO NOT INCLUDE TV INSPECTION OF LINES OR ANY BYPASS PUMPING OF SEWAGE. LINES WILL BE TEMPORARILY PLUGGED DURING CONSTRUCTION.. 5. PRICES QUOTED DO NOT INCLUDE SHEET PILING, SHOULD CONSTRUCTION EASEMENT LIMITATIONS REQUIRE SAME. 6.. LOCATION =::1: SYSTEM 2, MANHOLE 64 TO 65, ALLEY NEAR SE 2ND ST AND SE 1ST AVE.. REPLACE 8"VC? FROM MH 64 TO 65 (387 LF), REINSTALL 8 LATERALS, REPLACE CHANNELS (2), REPLACE ROAD WITH 16"BASEROCK AND 2"ASPHALT,OBTAIN PASSING DENSITY TESTS (4).. MAIN IS 9..3' DEEP AND ABOVE THE WATER TABLE.. 7. LOCATION =::2: 100 SW 7TH AVE. REPLACE a"VC? (35 LF), REINSTALL 2 LATERALS. MAIN IS 5' OFF EDGE OF PAVEMENT, 12' DEEP. REPLACE DAMAGED ROAD WITH. 16 II BASE ROCK AND 2 II ASPHALT , OBTAIN PASSING DENSITY TEST (1).. -. RUN lJATE- 8/25/92 BELVEDERE CONSTRUCTION CO. F'AGE- 2 BID QUOTATION JOB::: 1904 DELRAY BEACH. CITY OF MISC. SEWER REPAIRS BELV..JOB ::: FILE:t- 8. LOCATION :::3: SYSTEM 59A. MANHOLE 1. DELAIRE COUNTRY CLUB (MILITARY TRAIL>' WHITE CEDAR LANE. REPLACE MANHOL.E 12.4' DEEP. CONNECT TO 8 "VCF' AND 10"DIF' AT LIFT STATION. CONSTRUCT BYPASS ROAD. RESTORE TO ORIGINAL CONDITION. REPLACE PAVEMENT WITH 16"BASEROCK AND 2"ASPHALT.OBTAIN PASSING DENSITY TEST (1). 9.. LOCATION 4=4: SYSTEM 59A. MANHOLE 3 TO MANHOLE 4. 4581 WHITE CEDAR LANE, DELAIRE COUNTRY CLUB.. REPLACE 8"VCP MAIN (25 LF). REINSTALL 1 LATERAL. REPLACE ROAD WITH 16"BASEROCK AND 2"ASPHALT.OBTAIN PASSING DENSITY TEST (1). MAIN IS 9..6' DEEP. 10.. LOCATION 4=5: 727 PINE LAKE DRIVE. THE HAMLETT <ATLANTIC AVE.).. REPLACE MANHOLE (9..6'DEEP). TIE-IN TO EXISTING PVC MAIN. REPLACE ROAD WITH 16"BASEROCI< AND 2 "ASPHAL T. OBTAIN PASSING DENSITY TEST (1).. . , '. . . pr~DPDf;nL W. JACI\f;ON g SOhlS CClNElT HUCT I 01\1 CCJ{NVmON~pnt~\ C;,fRV\CES 1088 NW i.::: 1.~; t Sh' e e t 92 AUG 3 \ fit; 1: S9 POl"lPANO BEnCH, FLU f< I on 331/.16<3 ( ,:.~Ill~j) 97,3-'31Z160 RECEiVED DATE: AUF3UST .'.',f::'- 1 (y),,_, c.\_.I, . 0-' ~ c. JOB NAf'rlE : DEU~AY BEnCH SEWER REPn I R~:; ~3U8M I TTED TO: CITY OF DELr~nY BE~nCH OEPn r~TrilE~'JT OF FI'I') I rml\Ii'1FI'rrm, SFr~v I CF:f:; f-3T REEl" : ",,3'" SOUTH S[...JI NTON AVENUE CITY. f:3TATE f, lU): DE::L_RnY BEACH, FL '~ "~ I f j. ...J \.J { .1 ," PHONE: (L1I1I7 ) (:: II :;; -" "1 2; 1 i.::: ATTE::NT I o I\! : I.m. SCOTT JlJHNSON JOB LOCATION: CITY OF' DELRny BEnCH We t) P.r'P' by pr'O po <; e to fUl'Tl j sh mate'r' ii="1 i;\lid li3bor' in FI ': C () r" d a 11 C P with the plc":'lns )" P f PI" ence d t":'lbove a<::; follows: 10~5 S. W. Tn-1 (WE. 13" tTlAIN REPrn R 1 G l 317.11;;). IN?I SE 1ST & 2ND (WE. (-1LLEY 8" f'rlAIN F~EPU1CEMEI',IT "Ill, <3 1{'l'll. IZl fZ1 (4605 WHITE CEDAR LRNE IYlANHDLE REPLnCr:::IYlEI\tT 1 9, I~ 1;1117.1. I~~II~O ,4581 WHITE CEDAR LANE 8" SEl.JER REPAIR 1. B, ;::: 1/117.l. 't~ It~ QUAL I F' I CAT J ONS: 1. 105 S. W. 7 nvenue -- t~e pa i t' i ~; bid i;\ S r-'(~placin~! 3~1' of e>dstinq B" m.3J. n ,- (l;;.~l '--l'j" cut) & (;::': ) t; vJ 0 eHi~d;inq ~;~:!)"v ice 1 <:,>,1; er'i,~ 1 s up to the p)"'C) j:~e'r't y 1 i l'I e. The WOr~~< ~.J i 11 i ncll.lde sod r' e s \; 0 r' a t ion in R. O. VJ. DVet-' mai,n K pavE'mF.:nt ( r' est 0 )" a t ion ) wh e r' e one 1 ate r' a 1 Ct"'os~;es 'the s t )" e Ii? t . COnlH?ct ion to the> eHisting main vJill be madc? with f (:r-'nco VCP/PVC adapt er~S. NeVi pipE' ~'l ill be B" PVC SDR 35" ,-, (:Uley between S. E. 1st & S. E. 2nd Ave. RE: pa i t-' is bid cl.<<':; t-' e p 1 a C' i n q the ent i r-,e c__ 367' of 8" mi:\i n (8' '--10' cut) betW('?E\n manholes E> '+ 8- 65, and inclllde~:; r~epl,,\cinq eight (8 ) s et-.v ice later~al~; to the (:))" 0 p e r't y 1 i ne. The w () r-'f{ vJ ill include tieinq into the existing manhole':; & ~k\VPlllent t'('? s t Ot";:~t ion OV(?r~ th\? vJor'l-{ . F<f~pl<"\celTlent of manhole benches is included. Connection to the eHisting manhole~; will bp ma,de v'li th AC manhole adapt er'~;. NevJ pipe wi 11 be f:) " pl,le ElDF< 3~:.). ~.). L~605 White Cedat' Lane - t' e p a i t' it. bid a" the t'eplacement of thp exi~;ting -, Lf ft. d i c\ III ('? t ('? r' In.:\nhole L'::' -1'+" cut & tieinr.~ into the eHistinq t h)" e P. <:3) ~; p ~.I f.1 r-. lTIain~;. The wen' l< will i.nclude pavemf:nt r~ e ~; to)'" a t ion. The manholE': connections to b~? made "'Jith e :i t ''''I e)" AC mi=.tl1hole a.dapt ~?r',,> tn' 'r~ubhpr' hoots. Lf. 'f581. White Cedar' Lane - r'e p<., i r~ is bid i:1. f; r" e p 1 a c i n q .-,1:::-., of 8' maln <B' -1.0' ClJt) c~w & onf~ (1) e>{i~;tinq s t~ 1" V i c f? 1 <:It E?r"<:\ 1 IJp to the pr'O per"'\; Y line. The hIOl,'I< Itd, 11 i nc IIJd e pavement & sod r'e s t cn-' a t i. on as neec:lecL Connection to thE' l?>dsting m":li n wi 11 be Jni:\de with F er'nco VCP/PVC adapt er'S ; nevJ pipe vI ill be H" pl)e SDIi :~.~ ~5 . C' En ~I in e e r~ i n 9 LC:lyout, Cer~t if i E:d As-,-BlJi 1 t s and Density Te~;tinn ar'p not incluc:l(~c:1 J. in this rn"oposal. 6. Payment and Performance/Maintenance Bond~, , if t" e q lJ i t' e c:l , will be invoicf.'d sep":H'ately at 1. 5y. of the total plus ~3 $ 1 :"50. IZlIi.) filing f ~~ e. 7. This Pt'oposal does not include thE' cost or p c:! r' rn i t fe e~; which will b(? r' e qui. t.' p d ft' 0 III the v i:i r' i 0 lJ S i:.\~]encie~'> () '(' ITIl_\T1 i c:i. p.:\ 1 it i e S having jut'i~;clict ion. Th i? Si~ \tJ:i. 11 be invoiced separ~ately, the act uc:, 1 cost to be paid by the own er". 8. This pr' 0 po S i:\ 1 DOES include F' lot' i d i:1, State ~3(7:\ 1 (:? S TaH on mater'ials at the PAGE 1 '. . PHDr'Or:3nL W. J~'CKSON & SONS CONSTRUCTION CO. 18nn N~-J ;:~~ 1 (5 t; Stl"Ppt PClMPn~\I() BEnCH, FLO R I Dn 3:~121E.\ 9 (3Ql5) 973-31Z160 DfHE : nUGUST .'-, r.~:- 1.99E: co...J, JOB NnME: DEL RAY BE(-)CH SE~JER REPAIRS c 1.\ r'r' €I n t r',:\t E' of b~C 9. This pr-'O po sa 1 is ba~;pd on one fl1obilizC':\tion per' r' e pa i. t" with a C:Ollt i nuou~~ o per'at ion. (~dditional mobilizations will be m;::\de fIB' the <;um of $ ;::' ~:; 1711Z1. IlliZI p,,=\cl') 1121. All invoices ~;'-Ibmitted by the 25th at-'e d u (> and payable within :1.5 days. 11. Televising of S P. vi e r' lines i ,- n o'l:; included in this pt'oposal. . ~ 1'-' This pr'oposal lTIetY be wit hdt-'avm if not; accpptec:l within 3121 c:!ay s. c. All mat P.r' i a 1 is 9 uar'ant e I~d to be as specified. All wOr'l-< to he completed in a wor'kmanlike mann er' ace fH'd i n ~l to st andar'd pt'act i ce~;. Any al t p.r"at ion (H" deviation fr'O m above specific;ations invDlvinq ex t r'a costs will be executed only upon \.-'H'itten or'd er's, and will become an p.l<tr'a char'ge avel" and above the e~,tim;:\te. All ;::\ q r' e e In t' n t 5 cont i. ngent upon s t t" i. ~<€~ S , accidents o t' del ay s beyond out" con t t-' 0 1 . Ownet' to cat'r'y f i 'r"e, t ot'nad 0 and othet' n (:;>Cf? 5 sar'Y insut'ance. OUt" wcn'k er'S at'e fully covet'pc:! by Wot'~(man' S Compensation Ins Ut'€:\nCE~. SIGNATURE: -"CiJ~lST~1lj-ci~i'(it~-'-c6~,-...".....,..--~.l~tE-Lj~t~..,.. W. ACCEPTANCE OF P r~()POSnL The above PI" ice s, specifications and conditiDn'.; at'e sat; i 5 fact 0 t' Y and a'r' (,? het'f~by ace('? pt eel. You ,? r' e e:\ '-\ thor' i Z E': d to do the wor"'!< as sppcif:i,E~c:I" SIGNATURE: -~.__.._-_..-_....__....._---_._..---_._---_.__.-_._......_..-....-..,_...__..__._~,..._....-.-.-....,...._...-.... CITY OF DEL RAY BEnCH DEPARTtT1ENT DATE . "'I' . City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date October 21 , 1992 , (3) h'lterfundllnterdepanmental Transfer (4) Batch Number (5) Requested By: Budget , (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 442-5178-536.63-51 SEWER MAINS 36,250 442-5178-536.99-01 PROJECT RESERVE 36,250 (10) TOTAL 36,250 36,250 JUSTIFICATIO~:RANSFER FROM RESERVE FOR EMERGENCY REPAIR AT DEL-AIRE SUBDIVISION. TO REPAIR THE MANHOLES AND SEWER MAIN WHICH IS CURRENTLY UNDERMINING THE PAVEMI N'( Department Head Asst City Manager Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT . . - , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t't./'( SUBJECT: AGENDA ITEM i ~.J - MEETING OF OCTOBER 27. 1992 RETENTION OF OUTSIDE COUNSEL DATE: OCTOBER 23, 1992 This item is before you to authorize staff to retain Fred Gelston to represent the City in Michael Grabow v. City of Delray Beach. This case involves the alleged false imprisonment, assault and battery that took place on or about September 16, 1990. The Plaintiff alleges that two officers assaulted him and effectuated his arrest unlawfully while he was working as a bouncer at Cymbals. At the time of the incident the two officers were off duty and in the bar as private citizens. However, the Plaintiff alleges that the officers were acting within the scope of their employment and therefore has brought an action against the City. As the City's interests and officer's interests may be at odds, staff recommends that the City retain outside counsel to defend the officers. Mr. Gelston's fee is $100 per hour. A detailed staff report is attached as backup material. Recommend staff be authorized to retain Fred Gelston to represent the City in Michael Grabow v. City of Delray Beach. . [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE ~(J() NW 1st AVENL'E ' DELRAY BEACH, FLORIDA 33444 L\CSI\IILE 4071278-475S Writer's Direct Line (407) 243-7092 MEMORANDUM Date: October 22, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney ~ I Subject: Michael Grabow v. City of Delray Beach; Retention of Outside Counsel; Our File #05-92.023 This case involves alleged false imprisonment, assault and battery that took place on or about September 16, 1990. The Plaintiff alleges that two officers, Edward J. Robinson and Johnny Ortiz, assaulted him and effectuated his arrest unlaw- fully while he was working as a bouncer at Cymbals. Mr. Grabow claims that he suffered injuries to his shoulder as a result of the altercation. The facts appear to be contrary to Mr. Grabow's complaint in that Officers Robinson and Ortiz were merely socializing in the bar when Mr. Grabow ordered them to stop talking to a female patron and began an unprovoked assault upon Mr. Robinson. At the time of this incident, Officers Robinson and Ortiz were off duty and in the bar as private citizens. In fact, the parent company of Cymbals Nightclub has paid a settlement to Officers Robinson and Ortiz for the assault that was brought upon them by Mr. Grabow. Nonetheless, the Plaintiffs have alleged that Officers Robinson and Ortiz were acting within the scope of their employment and therefore have brought an action against the City. In a second count the Plaintiff has alleged that Officer Robinson's and Ortiz's actions were committed in bad faith or with malicious purpose or were committed in a manner that exhibited wanton or willful disregard for human rights or safety. It is because of this count in the Amended Complaint that the City's interests and the officer's interests individually may be at odds, and it is necessary to retain outside counsel to defend the officers individually. Our office will continue to defend the City. It is my recommendation that the City retain Fred Gelston to defend Officers Robinson and Ortiz in this matter at a cost of $100.00 per hour. While the City would defend the officers, it .. .IH.' "' . ' . . . Memo to City Commission October 22, 1992 Page 2 would be done as it is in all such cases with reservation of rights as to indemnification of any judgment that may be secured against the officers individually. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK: jw cc: Chief Richard Overman, Delray Beach Police Department Lee Graham, Risk Manager Officer Edward J. Robinson Officer Johnny Ortiz Fred Gelston, Esq. ,. "WI> MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM :It ~J - MEETING OF OCTOBER 27. 1992 REOUEST TO PALM BEACH COUNTY/LAND USE MAP CONSISTENCY DATE: OCTOBER 23, 1992 This item is before you to authorize staff to request that the Palm Beach County Board of Commissioners direct their staff to include, in the next County Plan Amendment, Future Land Use Map (FLUM) changes which will result in consistency between the City and CountYi and also to proceed with a transfer of power with respect to certain land use authorities. Both the City and County Comprehensive Plans call for actions which will result in consistency between land use designations as shown on the City and County Future Land Use Maps with respect to the City's designated planning area. Also, both Plans call for the pursuit and adoption of interlocal agreements which transfer some powers from the County to the City. The Planning and Zoning Board at their October 19th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend staff be authorized to request that the Palm Beach County Board of Commissioners direct their staff to include, in the next County Plan Amendment, Future Land Use Map (FLUM) changes which will result in consistency between the City and CountYi and also to proceed with a transfer of power with respect to certain land use authorities. rY100cw 40 'R ~9 LU.A1C- {fqEnOA- A::s 9. ,4 Ill! 11- . '. "' . (' II -~ 1 liv ( C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER FROM: IDJ. ~~~~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 27, 1992 REQUEST TO THE BOARD OF COUNTY COMMISSIONERS TO ACHIEVE CONSISTENCY BETWEEN CITY AND COUNTY LAND USE MAPS AND FOR A TRANSFER OF POWER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of requestinq the Board of County Commissioners to direct its staff to include, in the next County Plan Amendment, Future Land Use Map (FLUM) changes which will result in consistency between the City and County FLUMsi and also to proceed for a transfer of power with respect to certain land use authorities. BACKGROUND: Both city and County Comprehensive Plans call for actions which will result in the consistency between land use designations as shown on the City and County Future Land Use Maps with respect to the City's designated planning area. Also, both Plans call for the pursuit and adoption of interlocal agreements which, to some degree, transfer some powers from the County to the City. The Planning Department, Advanced Planning Division, has completed the background work so that this item can be brought forward and be implemented. Pursuit at this time is appropriate, in that the County is preparing for its next round of Plan Amendments. The attached Planning and Zoning Board staff report provides full background, analysis, alternatives, and recommendations on this topic. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of October 19, 1992, and has forwarded it with a recommendation that it be forwarded to the Board of County Commissioners. The P&Z Board reviewed this subject in two work sessions prior to making its recommendation. .. City Commission Documentation Request to the Board of County Commissioners to Achieve Consistency Between City and County Land Use Maps and for a Transfer of Power Page 2 RECOMMENDED ACTION: By motion, request that the Board of County Commissioners direct its Planning Department to include in its Amendment 93-2 provisions which, at a minimum, reduce the potential for inappropriate commercial use in the City of Delray Beach Planning Area by adopting changes to areas 3B, 3C, 3D, 6, 6A, 9, 17, 18, 23, 24, and 27 as described in the Planning and Zoning Board staff report and also to consider an amendment which will provide that the City's Future Land Use Map takes precedent within the City's Planning Area; and further, that there subsequently be an interlocal agreement which transfers land use permitting and enforcement authority to the City for all development within its' Planning Area. Attachment: * P&Z Staff Report & Documentation of October 19, 1992. DJK/T: CCFLUM. DOC '. " PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: OCTOBER 19, 1992 AGENDA ITEM: V.B. Consideration of a Program to Achieve Consistency Between the City and County Future Land Use Maps in the City's Planning Area / I T E M B E FOR E THE BOA R D: The item before the Board is consideration of a proposal which will result in gaining consistency between the respective Future Land Use Maps (FLUM) of the County and the City; and which will result, to some degree, in a transfer of land use authority from the County to the City. The action to be taken is to recommend to the City Commission that the program be pursued and that they petition the Board of County Commissioners to initiate appropriate changes to the County FLUM. B A C K G R 0 U N D Objective B-3 within the Future Land Use Element addresses the subject of annexations. It sets forth a program for annexation, much of which is already accommodated. The City has incorporated most of those properties which had made prior (annexation) commitments and which were eligible to be annexed. Remaining properties will be annexed as owners of contiguous parcels seek development permission or through the referendum process. During development of the City's Future Land Use Map (FLUM), there was coordination with the County so that consistency among land use designations for territory which was under County jurisdiction but within the City's ultimate annexation (planning) area would occur. However, for some reason, the degree of consistency which was desired did not occur. This lack of consistency may create problems as property is annexed to the City or is otherwise considered for development e.g. a request for water service for a project which is inconsistent with the City's land use designations which, at this time, are considered only as advisory. Thus, one aspect of the proposed program is to achieve more consistency among respective land use designations (within the City's Planning Area) than currently exists. A second aspect of the proposal is to seek some degree of extra-territorial power for the City. This degree of power could range from: ". "I' " P&Z Staff Report Consideration of a Program to Achieve Consistency Between the City and County Future Land Use Maps Page 2 a) an agreement which acknowledges consistency between the City and County FLUM's and allows the City FLUM designation to take effect immediately upon annexation; to ... /~ b) an agreement which accommodates the above but which also provides that the City's Land Development Regulations (LDRs) apply with respect to allowable uses and development standards. This agreement would be implemented through a joint powers agreement which would require either land use approval by both bodies or by direct transfer of land use, permitting, and enforcement authority to the City; to ... c) an agreement which transfers the authority and responsibility of the entire range of local government services to the City as if the properties were already annexed. The balance of this report examines the two aspects ( FLUM consistency & transfer of powers/authority) of the program and then sets forth a recommended course of action. FUTURE LAN D USE MAP S To identify current inconsistencies, the City prepared a matrix showing the FLUM designations under both the City and County Plans, the zoning pursuant to the County regulations, and the existing land use for individual parcels. This exercise resulted in the identification of fifty-three (53) distinct situations. Under separate cover that matrix and accompanying maps have been provided to Board Members. The matrix was then refined to show only those areas which should be subjected to either a City or County FLUM amendment in order to provide the most appropriate future land use designation. The amendments which should be considered were then categorized according to the following: a) those which eliminate the potential for strip commercial or other inappropriate general retail development (pursuant to City Comprehensive Plan policies and direction). b) those which correct inaccuracies between current City and County boundaries. , P&Z Staff Report Consideration of a Program to Achieve Consistency Between the City and County Future Land Use Maps Page 3 c) those which best reflect existing land use based upon a determination that the correct land use is that which is appropriate as a long term land use. d) those which otherwise provide for consistency in favor of the City's FLUM. Classifying individual areas pursuant to the above results in the following: Group (a) -- Elimination of Inappropriate Commercial Potential -- * Three (3) parcels, north side of Atlantic between the Rod and Gun Restaurant and Windy Creek Subdivision. (3B, 3C, 3D) * Two (2) parcels, north side of Atlantic across from Barnett Bank. (6 & 6A) * An area, east of Military Trail~ situated off of an easement and without direct exposure to that arterial roadway. (9 ) * Two (2) parcels, east side of Military Trail immediately north of Country Manor. (17 & 18). * An area west of Pines Plaza, south of Atlantic, and behind a bank. There is not exposure to Atlantic Avenue (23). * An area south of Atlantic, immediately west of Markland Lane (undeveloped). (24) * An area on the west side of Military Trail, bounded on the north and west by High Point and on the south by a canal with K-Mart further to the south. (27) Group (b) -- Correction of Boundary Errors -- * Two (2) areas, northeast of Kingsland (2 & 3A) * The north Federal Highway enclave area (44) Group (c) --Appropriate for existing land use -- * Kingland Pines should have a higher density (LR-3 to MR-5) to reflect existing development. (4) '. "'i' P&Z Staff Report Consideration 'of a Program to Achieve Consistency Between the City and County Future Land Use Maps Page 4 * Sunset Pines Condos should have a higher density (MR-5 to HR-8) to reflect existing development. (7 ) * Industrial area (trucking terminal), west side of Military Trail. Shown as HR-8 in the County; and as Transitional on the City FLUM. Both FLUM's should be changed to Industrial or Commerce use. (33) * Old subdivision at Conklin Drive and Military Trail and surrounding area should have a higher density (LR-3 to MR-5) to reflect existing development. (35 & 32) * Institutional uses west of Delray Community Hospital (HR-8 to INST-18). (42) * The office portion of Hardrives, west of Congress. (47) Group (d) -- To otherwise be consistent with the City FLUM -- * Area around the former Mayfair DRI proposal which petitioned the City for a Rural Residential designation. (10, 10A, 15) * Three parcels (3), east side of Barwick, across from Pine Tree Subdivision. (12, 13, 14) * Blood's Grove to reflect the .City's mixed use designation. (20) Resolving the above noted inconsistencies can be accommodate through two ways. One is to proceed with individual consideration of each area (parcel). Under County regulations (as well as City), it is necessary to not only notify the directly affected property owner but all property owners within 500 feet of the perimeter of the property which is subject to change. Using this process wil1 necessitate many mailings and also may create a significant amount of unwarranted anxiety. Another way involves the County "blanking out" its FLUM designations within the City's designated Planning Area and recognizing the City's FLUM designations in-lieu of the County's. This process would involve notice to directly affected property owners along with appropriate 1/4 page map notices of public workshops and public hearings on the matter. '. P&Z Staff Report Consideration of a Program to Achieve Consistency Between the City and County Future Land Use Maps Page 5 TRANSFER o F AUTHORITY As described previously in this report, there are three degrees to which a transfer of authority could occur. Briefly these are: ../ ./' a) immediate change of FLUM designation from County to City upon annexation; b) transfer of authority with respect to land use (with or without concurrent permitting and enforcement authori ty) ; c) transfer of authority for the complete range of municipal services i.e. as if annexation had already occurred. The third option (c) appears to be too bold at present. Option {a} is readily accommodated. To occur consistency should be achieved between land use designations. Option (b) is reasonable to pursue given that the impacted area is relatively small {2 sq. miles +/-}, and that such an action is generally consistent with policy directives in both the current Plans of the County and the City. CONSISTENCY OF PROPOSED ACTION WITH PLANS AND STATUTES . COMPREHENSIVE PLANS: The efforts to resolve the FLUM inconsistencies identified herein, to have the County recognize the City's annexation/ planning area, and to consider the transfer of jurisdictional powers relating to land use authority are supported by various components of both the City and County Comprehensive Plan. The following is a list of the portions of each Plan which address these items. Copies of the relevant portions of each Plan are attached. Palm Beach County Comprehensive Plan Intergovernmental Coordination Element * Objective 1, and policies I-a, I-b, l-c, l-e, and 1- h * Objective 2, and policies 2-a and 2-b * Objective 4, and policies 4-a, and 4-b '. P&Z Staff Report Consideration of a Program to Achieve Consistency Between the City and County Future Land Use Maps Page 6 City of Delray Beach Comprehensive Plan Future Land Use Element * Goal Area "A" and policies A-I. 3 and A-I. 6 * Objective B-3 and policies B-3.3a, B-3.3b and B-3.4 ./' /' Intergovernmental Coordination Element * Objective A-I and policy A-l.5 Housing Element * Policy C-2.1 FLORIDA STATUTES: The interlocal agreements referenced herein are supported by Florida Statues, Section 163.317I. This section allows a County to enter into interlocal agreements, with municipalities, allowing the municipality to include unincorporated areas in the area of municipal jurisdiction for the purposes of comprehensive planning. In addition, the agreement may include procedures for the administration of land development regulations. {see attachment} PRO P 0 SED PROGRAM In considering all of the above, the most appropriate program seems to be one which results in the County FLUM not containing any specific land use designations within the City's designated planning area, but rather, for it to refer to the City FLUM; and, an interlocal agreement with provides that the City FLUM designations apply and further that all land use authority including land use approval, LOR compliance, permitting, and land use enforcement reside with the City of Delray Beach. However, at a minimum, it is necessary that the County initiate amendments to its FLUM in order to correct boundary errors and to remove the potential for inappropriate commercial land uses. ALTERNATIVE COURSES OF ACTION I. Do not take any action. Do not forward this i tern to the City Commission. 2. Recommend that the City proceed with the Proposed Program. '. " P&Z Staff Report Consideration of a Program to Achieve Consistency Between the City and County Future Land Use Maps Page 7 3. Recommend that the City proceed with a modified program {identify what should be changed} 4. Continue to a special meeting on October 22nd for final action along with specific direction to staff as to what additional information is desired. /' R E COM MEN D E D ACTION By motion, recommend that the City Commission formally request that the Board of County Commissioners direct its Planning Department to included in its Amendment 93-1 provisions which, at a minimum, reduce the potential for inappropriate commercial use in the City of Delray Beach Planning Area by adopting changes to areas 3B, 3C, 3D, 6, 6A, 9, 17, 18, 23, 24, and 27 as described in the staff report and also to consider an amendment which will provide that the City's Future Land Use Map takes precedent within the City's Planning Area; and further, that there subsequently be an inter local agreement which transfers land use permitting and enforcement authority to the City for all development within its Planning Area. Attachments: * Table 1 Matrix * Map showing the location of the commercial areas and the overall planning area * Policy excerpts from the County and City Comprehensive Plans * F.S. Section 163.3171 Report prepared by: ()~~ur / Reviewed by DJK on: T:PZCOUNTY.DOC '. '0;11 CIlY/COUNlY FUTURE LAND USE MAP INCONSISTENCIES IN DELRAY BEACH ANNEXATION AREAS ~jacent/Simllar Areas Consolidated, Items listed Ase Those Requiring ActIon by the County Of the CIty) STUDY PURPOSE OF CITY AREA COUNTY AMEND. FlUM 2 3 MOR 3A 3 LOR 3B&3C CH-5 1 T 3D CH-5 1 LOR 4 I.R-3 2 LOR e&eA Allanlic Ave CH-8 1 T 7 MR-5 2 T " CH-8 1 T 10,10A& 15 MR-5 4 RR 1 13, & 14 MR-5 4 MDR 17 & 18 CH-5 1 T 20 Blood's Grove MR-5 4 OI\llDR + 23 CH-8 1 T 24 CH-5 1 T 26A HR-e GClOSINa1er 27 CH-8 MDR 30,31 &34 HR-e MDR.NSOM 32 I.R-3 MR-5 2 MDR 33 HR-e UOfMI 2 T 35 I.R-3 MR-5 2 LOR 42 HR-e INST.18 2 CF 44 CH-5 Bou 3 GC 47 I Cl-O Of CH-O 2 T PURPOSE OF COUNTY AMENDMENT COUNTY LAND USE DESIGNATIONS 101121'92 1. Eliminate RebUI Potential lR-1 = low resIdenliIII1 dl.lla C:JIJ.E-2. W01 2. Existing Use I.R-3 = low residential 3 dl.lla 3. Boundaly Adjustment MR-5 = Medium Residential 5 dl.lla 4. Establish Consistency with City FlUM MR-e = Medium Aesidentail 8 dl.lla HR-e = High Residential 8 dl.lla NOTE: CH-5 = Commercial High Intensity Of 5 duta 21 County Amendments Total CH-8 = Commercial High Intensity Of 8 dl.lla 8 City Amendments + 2 Boundary Adjustments Total Cl-O = Commercillllow Intensity. 0lIice Only 6 of City's 8 actions concurrent with Of companion to County Actione CH-O = Commen:/al High Intensity, 0ftIce Only , = IndU8lrlal U = light Industrial MI = Medium IndustriaII INST-18 = InstltutionaI (18 UniIBI_) or Public FacllilleI '. q; I!J ~ I ~ j~ C1W1JYlO8 .lNIOd HOIH ~ j 'I a:::::: <{ I I"') J:f lL\18 1HIOd HOIH ::~1 1 ~...." ti i {L--- III ... I - I 1/ B ~~ -- ~ to i - ( 2 ~ i i u I ~ ~ ~ N a \/ - I 111/ C1W.uvlO8 )!!!!!!.. 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CANAR'( 'IIAU< 0-.. ~ / \ ~- 4i '5 Q z ~ ~f:: ~ \/ % ~ A '/€Nut AU S()LElL is l~ r I-- 1""""--- ~ 'IE~\JE I'D 51 (ElL L...---; ~ ~ .-...., / UOl(~ ~ I j \ I---- I 'P o --Ill c--- I J ~ -;:-[ \~I--- 10 { 7 z~ Zr J >-= ~ J: (f) I "] 11 31 ~ . w ::) z w > -c @ @ ~ fit ." III II' " Z 0 U . PALM BEACH COUNTY COMPREHENSIVE PLAN REFERENCES Interqovernmental Coordination Element References OBJECI1VB 1 Annexation ./' Palm Beacw'County shall adopt policies and implementation strategies to facilitate municipal hounda!)' cbanges that ensure that County goals and objectives are attained, that cost-effective service delivery is continued, and that enclaves, pockets, and finger-like areas . that result in inefficient service delivery are avoided or eliminated through the annexation process. Policy I-a The County shall plan strategies to reach general agreement on ultimate municipal boundaries, to the maximum extent possible, through the use of District meetings with governmental entities, the Countywide Planning Council's mediation process, and the use of "cooling-off agreements" whereby affected municipalities agree to withhold annexation until outstanding problems are resolved. Policy I-b: Through the year 1995, the County shall work with the Countywide Planning Council and the municipalities to develop and adopt a single "Ultimate" annexation policy that addresses the needs of all entities. In the interim, the County shall implement the County's Interim Annexation Policy and support the Countywide Planning Council's An."1exation Policy. The County shall ensure that its Interim Annexation Policy, the Countywide Planning Council's policy or the ultimate annexation policy adequately addresses the following: 0 Proposed ultimate boundaries of jurisdictions; 0 Phases or stages of annexation; 0 Thoroughfare right-of-way protection; 0 Fire-rescue service; 0 Levels of service to be established in newly annexed areas; 0 Public facilities to meet service needs of proposed annexation areas; 0 "Service delivery enclaves"; 0 Cooperative mapping of proposed future annexation areas witb adjacent jurisdictions; 0 Requirements of Chapter 171, FS; /' 0 Interlocal agreements to rectify deficiencies or to address facilities to be provided by another jurisdiction; 0 Enforcement/implementation; and 0 Facilitation/mediation of interjurisdictional conflicts. '. PALM BEACH COUNTY COMPREHENSIVE PLAN REFERENCES (cont.) Policy l-c: The County shall monitor implementation of each annexation policy and amend the County's annexation policy when appropriate to insure that the policy complements the activities of the Planning Council and satisfies the needs of the County including: ../ Maintaining a monthly log of municipal annexations; and ./' 0 0 Preparing a yearly evaluation of each of the annexation policies and transmitting a report to the Board of County Commissioners, the Countywide Planning Council, the Municipal League and all municipalities for such actions as may be necessary. The annual evaluation shall include information on changes in land use, adherence to annexation review c~iteria, and recommendations for change with identification of the policy recommended for modification. Policy l-e: By January, 1991, the County shall develop an Annexation Assistance Program that will include active participation from municipalities and residents within those annexation areas to achieve future boundaries which will include: 0 A program to determine "spheres of influence" for all affected municipalities, to include both "probable" ultimate physical boundaries and service area(s) and to determine mini-spheres of influence denoting areas to be considered for urban intensity patterns over the next five to ten years; 0 Interlocal agreements with municipalities that plan on annexing land from the unincorporated area. These agreements would establish "Joint Planning Areas: . pursuant to Chapter 163.3171, FS. The County shall encourage any interloca1 agreement to include as many of the following planning considerations as are applicable. Additional items could be addressed at the concurrence of both parties. 0 Cooperative planning and review of land development activities within areas covered by the agreement; 0 Requirements for joint County/municipal action and extraordinary vote on land use provisions in Joint Planning Areas; 0 Future land uses of areas once annexed; 0 Assurances that adjacent land uses will be compatible, 0 Elimination of inconsistent land uses, 0 Protection of environmental resources, 0 Protection of sites needed for future County facilities; 0 Application of municipal land development regulations to proposed annexation areas; 0 Application of developer commitments once annexed into the. municipality; '. . PALM BEACH COUNTY COMPREHENSIVE PLAN REFERENCES (cont.) 0 Provisions addressing fire-rescue service; 0 Collection of fees or charges, 0 Specification of who will provide service and how any transition will take place;../ ./' . / 0 Provisions that the County will not provide utility services to areas that logically would be annexed and served by the adjacent municipality; 0 Provisions to address the County's ability to efficiently provide services and facilities to the citizenry in the area that is not to be annexed; 0 Provision of public facilities to meet service needs of proposed annexation areas, including consideration of municipal service delivery while still in the unincorporated area; 0 Location and timing of the annexation proposal in order that: 0 Inconsistencies in land use are avoided, 0 Service delivery inefficiencies are minimized, 0 Neither jurisdiction incurs unreasonable financial hardship; 0 Thoroughfare right-of-way protection; 0 Levels of service to be established in Joint Planning Areas; 0 Elimination of enclaves, pockets or finger-like areas and incorporation of undesirable areas as well as desirable areas; 0 Funding and cost-sharing issues within Joint Planning Areas; and 0 Enforcement/implementation; 0 Development of specific strategies for the elimination of existing enclaves, fingers. and pockets that may require the creation of a special fund to be used to conform unincorporated areas to municipal annexation standards. Policy I-h: Pursuant to Chapter 171. F.S.. any property that is annexed by a mu~c~pality will be subject to, but not limited to , the land use intensity and density prOVISIOns, concurrency management system, and Land Development Regulations in place at the time of annexation until the municipality adopts an amendment to its Comprehensive Plan and amends its Land Development Regulations as necessary. These same provisions will apply to any area not shown on the County Land Use Atlas that bas been annexed into a municipality but is not shown on th~ municipal plan. '. "1' .. PALM BEACH COUNTY COMPREHENSIVE PLAN REFERENCES (cont.) OBJECIlVB 2 Definition of County Service Delivery Role/Improved Government By January, 1991, Palm Beach County shall examine its organizational structure and aut!J.ority in order to improve its role in resolving the County's growth management problems and shall develop strategies for assuring the most cost-effective and efficient development of public services. Policy 2-a: The County shall increase efforts to determine the appropriate agency for service delivery or regulatory authority and will take necessary action to ensure that the selected body can fulfill the designated role. Policy 2-b: By September, 1990, the County shall establish and staff a study committee entitled the "Intergovernmental Review Committee." It will include representation from municipalities, the County, other taxing units and the environ- mental, minority and private sectors. The purpose of the Committee is to: 0 Discuss the long-term function of the County for service delivery and facilities provision, and level of service standards; 0 Re-examine existing agencie~ and governments affecting deve!opment in Palm Beach County to eliminate or improve existing policies, minimize duplication and streamline and improve processes; 0 Make recommendations to standardize development criteria throughout the County; and 0 Determine long-term strategies for achieving final municipal boundaries. OBJECITVB 4 Coordination/Communication/Conflict Resolution Palm Beach County shall utilize existing mechanisms to coordinate planning efforts with the plans of school boards, other units of local government providing services, adjacent municipalities, adjacent counties, the region, the State, and with the residents of Palm Beach County. In coordinating with other governmental entities the County shall address compatibility of land uses, zoning changes and the impacts of development to be permitted by the Palm Beach County Comprehensive Plan in general. Palm Beach County shall increase public awareness of the County's planning, transportation and zoning actions and consider recommendations of affected governmental entities in the County's decision- making process. Palm Beach County shall increase efforts to bring as many of the County's diverse interests into the process and shall involve as many people and organizations as possible. Palm Beach County shall actively work to reduce and resolve conflicts with coordinating entities. '. PALM BEACH COUNTY COMPREHENSIVE PLAN REFERENCES (cont.l Policy 4-a: By January, 1990, the County shall notify local municipalities of proposed Land Use Plan amendments, zoning and other development actions within the larger /' of the following: ./' 0 Areas that municipalities have identified as future annexation areas; 0 Areas within one mile of the proposed change; or 0 Municipal "spheres of influence," once these are established. Policy 4-b: By January, 1990, the County shall use the Delray "60-day MalJ9atory Referral System" as a model for other jurisdictions' proposed annexation areas or municipal "spheres of influence." (For an explanation of the Delray "6o-day Mandatory Referral System, see the Plan. Description, "Coord- ination/Communication/Conflict Resolution".) '. . CITY OF DELRAY BEACH COMPREHENSIVE PLAN REFERENCES Future Land Use Element References ./" /" GOAL AREA "A" THE REMAINING VACANT LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED IN SUCH A MANNER AS TO ENHANCE THE EXISTING QUALITY OF LIFE AND COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE (LUPG) Objective A-l: ./ Vacant property shall be developed in a manner so that the 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. (bl, b3) Policy A-l.3 Additional strip commercial zoning on vacant lanct .shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial uses or zoning exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. (cl) Policy A-l.6 To encourage redevelopment of the City's Central Business District, Future Land Use Map amendments to Commercial designations in outlying areas of the City's Planning Area, shall not be accommodated. Objective B-3: The City of Delray Beach shall provide facilities as opposed to services, for that area within its planning boundaries which is not yet annexed but shall annex such properties in a quick and orderly manner. This shall be accomplished . pursuant to the following policies: Policy B-3.3a The City has petitioned Palm Beach County for establishment of an intergovernmental agreement through which the City's Future Land Use Map will be the Official Land Use Map for unincorporated land within the City's Planning Area. '. . CITY OF OELRAY BEACH COMPREHENSIVE PLAN REFERENCES (cont.) Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide for I pre-application review and comment, by the City, of County development applications. Also, upon execution of such an agreement, property~may annex to the City~nd develop~ent may proceed without the necessity of amendment to the City's Comprehensive Plan provided that the development is deemed consistent with it. Policy B-3.4 The City shall by June, 1991, if not sooner, through its Department of Planning and Zoning implement the following program for the annexation of eligible properties: . preparation of an "urban services annexation report" as required by Annexation Statutes for each of the nine designated annexation areas; . identification of each parcel which is obligated to annexation through a water service {~nexation} agreement; . contact with each owner of other parcels within the annexation area to see if they will voluntarily participate in the proposed annexation; . proceed with annexation, pursuant to Florida statutes for voluntary annexation; . accommodate individual voluntary annexation thereafter as the opportunity arises. The designated annexation areas are: 'I North Federal Highway .2 Southeast of Linton and Military Trail '3 Southwest of Linton and Military Trail '4 East of Military Trail, north and south of Atlantic Avenue '5 West of Military Trail, north and south of Atlantic Avenue (less County Club Acres and High Point of Delray West) '6 East of Military Trail, north of Lake Ida Road. '7 High Point of Delray West, west of Military Trail '8 County Club Acres, west of Military Trail '9 The Hardrives holdings off Congress Avenue ~ .. ~ " . CITY OF DELRAY BEACH COMPREHENSIVE PLAN REFERENCES (cont.) . Interqovernmental Coordination Element References - - GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH ./ INVOLVE~ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-I The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies which may be impacted by it. {bl} This objective shall be met through the following: Policy A-l.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3. 4 of the Land Use Element {Annexation Program} and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Director of County Planning and concurrence by that office. Any annexation which is deemed inconsistent with the County's annexation policies shall not be enacted. {c4} Housinq Element References _.__.- Policy C-2.1: Vacant land areas in the northwest and southwest (including Blood's Grove) portions of the City's Planning Area shall be designated for single family detached housing or low density planned unit residential development and shal1 remain as such. Amendment Proposed via Amendment 92-2 ----" - -- Polley C-2.1: Vacant land areas In tH~ n~ttH~~~t an~ ~~~tH~~~t (l~tl~~ln~ gl~~~I~ f/,t(d~l p~ttltSnlt tSt tH~ fllttl~ Pla~~l~~ "t~_ ~H_II )S~ d~~l~~_t~d west of 1-95, shown on the Future Land Use Map as low density residential and rural residential, shall be retained for single family detaciled housing or low density planned unit residential development. ~~~ ~H~ll t~~~l~ ~It ~~tH' I '. . f!cJ,,'d.... SJJ..;/-es 163,3171 Areas of authority under this act.- (1 ) A municipality shall exercise authority under this act for the total area under its jurisdiction, Unincorpo- rated areas adjacent to incorporated municipalities may be included in the area of municipal jurisdiction for the. ./' purposes of this act if the governing bodies of the ./' municipality and the county in which the area is located agree on the boundaries of such additional areas, on procedures for joint action in the preparation and adop- : tion of the comprehensive plan, on procedures for the administration of land development regulations or the land development code applicable thereto, and on the manner of representation on any joint body or instrument that may be created under the joint agreement. Such joint agreement shall be formally stated and approved in appropriate official action by the governing bodies involved. (2) A county shall exercise authority under this act for the total unincorporated area under its jurisdiction or in such unincorporated areas as are not included in any joint agreement with municipalities established under the provisions of subsection (1). In the case of chartered counties, the county may exercise such authority over municipalities or districts within its boundaries as is pro- vided for in its charter. (3) Combinations of municipalities within a county, or counties, or an incorporated municipality or municipal- ities and a county or counties, or an incorporated munici. pality or municipalities and portions of a county or coun- ties may jointly exercise the powers granted under the provisions of this act upon formal adoption of an official agreement by the governing bodies involved pursuant to law, No such official agreement shall be adopted by the governing bodies involved until a public hearing on the subject with due public notice has been held by each governing body involved. The general administra- tion of any joint agreement shall be governed by the pro- visions of s. 163.01 except that when there is conflict with this act the provisions of this act shall govern. Hlstory.-s. 5. ch. 75-257; s. 4. ch. 85-55 '. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER /1ltf SUBJECT: AGENDA ITEM i 81< - MEETING OF OCTOBER 27. 1992 MUTUAL AID AGREEMENT/TOWN OF GULFSTREAM DATE: OCTOBER 23, 1992 This item is before you to approve a mutual aid agreement with the Town of.Gulfstream which provides for the rendering of assistance in law enforcement emergencies which cross jurisdictional lines. This agreement will run for one year until September 30, 1993 and includes automatic one year renewal period thereafter, unless cancelled by either participating party. There are no additional costs associated with the agreement. The City will only be responsible for expenses of its own department. Recommend approval of a mutual aid agreement with the Town of Gulfstream which provides for the rendering of assistance in law enforcement emergencies which cross jurisdictional lines. '. .. ~ I' "' , [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 300 W A TLAt"iTIC AVENUE. DELRA Y BEACH, FLORIDA 33444 TELEPHONE 407/243-7823. FACSIMILE 407/243-7816 POLICE LEGAL ADVISOR MEMORANDUM TO: city Commissioners FROM: Eric D. Hightower, Police Legal Advisor DATE: October 21, 1992 SUBJECT: combined Mutual Aid Agreement with Gulfstream ------------------------------------------------------------------------ ------------------------------------------------------------------------ Attached for your consideration is a copy of the Combined Mutual Aid Agreement with the Town of Gulfstream Police Department. The Town of Gulfstream has already approved 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 the two police departments to assist each other in the enforcement of the 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 \3'r ft I Enclosure cc: David Harden, City Manager Jeff Kurtz, City Attorney '. Ill' .. . , , COMBINED MUTUAL AID AGREEMENT THIS COMBINED MUTUAL AID AGREEMENT, hereinafter the "Agreement," made and entered into this day of , 1992, by and between the DELRAY BEACH POLICE DEPARTMENT and the GULFSTREAM POLICE DEPARTMENT, pursuant to the provisions of Chapter 23, Part I, Florida Statutes, known as the "Florida Mutual Aid Act, " hereinafter the "Act," comprises a "voluntary cooperation agreement" and a "requested operational assistance agreement" as the terms are used in the Act. Witnesseth: WHEREAS, the subscribed law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive situations including, bu t not 1 imi ted to, emergencies as defined under Section 252.34(2), F.S. ; and WHEREAS, it is the intent of this Agreement, considering the existing and continuing possibility of intensive situations and other law enforcement emergencies, to ensure that the preparation of law enforcement will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the DELRAY BEACH POLICE DEPARTMENT and the GULFSTREAM POLICE DEPARTMENT have the authority under the Act, to enter into a "requested operational assistance agreement" for rendering of assistance in a law enforcement emergency that crosses jurisdictional lines; ,. ",'I, .. , , NOW, THEREFORE, the parties agree as follows: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION Pursuant to Section 23.1225, F.S. of the Act, each of the aforesaid law enforcement agencies hereby approves and enters into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other including investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S. , and including backup services during patrol activities, inter-agency task forces and joint investigations. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE Pursuant to Section 23.1225(2), F.S. of the Act, the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other responding to civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units and any emergency which qualifies under F.S. 252.34(2). SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that either party to this Agreement is in need of assistance as set forth above, the police chief or his designee of the agency requiring assistance shall notify the police chief from whom such assistance is required. The police chief whose assistance is sought shall evaluate the situation and his agency's available resources and shall respond in the manner deemed 2 '. " , , appropriate. The police chief or his designee's decision in this regard shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting police chief. Such supervising officer shall be under the direct supervision and command of the police chief of the agency requesting assistance. SECTION V: INDEMNIFICATION AND LIABILITY To the extent permitted by law, the City of Delray Beach and the Town of Gulfstream shall each be responsible for its own negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of the DELRAY BEACH POLICE DEPARTMENT when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of the City of Delray Beach, but inside this State under the terms of this Agreement shall, pursuant to the provisions of Section 23.127(1), F.S. of the Act, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. The same conditions shall apply to the employees of the GULF STREAM POLICE DEPARTMENT when they are outside the jurisdictional limits of Gulfstream, Palm Beach County, also. b. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party 3 . " . , , to the Agreement as set forth above; provided however, no party shall be required in the sole discretion of its police chief to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. c. The party that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. d. The party furnishing aid pursuant to this Agreement shall compensate its appointees/employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaging in rendering such aid. e. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency, shall apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Agreement. The provisions of this Agreement shall apply with equal effect to paid, volunteer, reserve and auxiliary employees. f. Nothing herein shall prevent the requesting party from requesting supplemental appropriations from the governing authority 4 '. .. , , having budgeting jurisdiction to reimburse the assisting party for any actual costs or expenses incurred by the assisting party performing hereunder. SECTION VII: LIABILITY INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(14}, Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed, should the insurance coverage, however provided, of any party be cancelled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice of actual knowledge of such cancellation or change. SECTION VIII: EFFECTIVE DATE a. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until September 30, 1993 and shall be renewed automatically every year unless terminated prior thereto by either of the parties. b. This Agreement shall be reviewed annually for any necessary changes. SECTION IX: CANCELLATION This Agreement may be cancelled by any party upon delivery of written notice to the other party. SECTION X: AGREEMENTS TO BE FILED This Agreement shall be filed with the Florida Department of Law Enforcement pursuant to Florida Statutes Section 23.1225(4} by 5 ;, q, , , the entity that last approves the Agreement. In addition, this Agreement constitutes an inter local agreement that shall also be filed by the last entity approving the Agreement pursuant to Section 163.01(11), Florida Statutes, with the Clerk of the Circuit Court of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above first written. CITY OF DELRAY BEACH, FLORIDA Attest: By: Mayor Thomas E. Lynch City Clerk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach - Gulf Stream gulfstre.agt 6 '. , , - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS .; , FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ L- - MEETING OF OCTOBER 27. 1992 RESOLUTION NO. 120-92 DATE: OCTOBER 23, 1992 This is a resolution initiating an awards recognition program through the Site Plan Review and Appearance Board. The Community Appearance Board (CAB) originally initiated an awards program in the Spring of 1986. Awards were based on the aesthetic qualities of development projects, which included landscaping, architectural elevations and signage. With the adoption of the LDRs, the CAB was renamed Site Plan Review and Appearance Board (SPRAB). During this transition, the awards program was discontinued. The Board now feels that it is appropriate to initiate a SPRAB award program. The awards program would acknowledge property owners and/or developers who have significantly contributed to the beauty of the City through creative site design. Award categories will include architecture; best overall design; and signs. Recipients of the awards will receive a framed certificate. The cost of the program is approximately $200 per year. The first awards are tentatively scheduled for the November 17th regular Commission meeting. Recommend approval of Resolution 120-92. I.' "ql " . RESOLUTION NO. 120-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, INITIATING AN AWARDS RECOGNITION PROGRAM THROUGH THE SITE PLAN REVIEW AND APPEARANCE BOARD. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide awards in the form of annual recognition to those property owners and/or developers who significantly contribute to the beauty of our City through design, architecture and landscaping; signs; rl:ldevelopment of existing properties; renovations to existing buildings; and/or new development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Site Plan Review and Appearance Board of the City of Delray Beach, Florida, shall conduct an annual awards program to be presented in October or November for projects which received a certificate of occupancy during the previous fiscal year. Section 2. That the Site Plan Review and Appearance Board is empowered to decide the award winners by a majority vote and, in the event it determines that no suitable recipient of an award is available, to withhold making an award for a given category. Section 3. That an appropriately inscribed and framed certificate be presented to the person(s) or company(ies) receiving the award(s), bearing the seal of the City, the year of the award(s), the category and the person(s) or company(ies) to whom the award is given. Section 4. That recognition be afforded in the general categories including, but not limi ted to, architecture; landscaping; exterior renovation; redevelopment; CBD development; best overall design; signs and master sign program; and new development. Section 5. That Resolution No. 22-86 is hereby superseded. PASSED AND ADOPTED in regular session on this the 27th day of October, 1992 ~r:~ ATTEST: ()p/"nI1nYl)l/,,/tnff' )/r;7i:y City lerk ,. ""I' " C I T Y COM MIS S ION DOC U MEN TAT ION TO: (-DA'(ID T. HARDEN, CITY MANAGER \ . :., ,^" j~~ ~~0OJ<VL -.... DAVID J. KOVACS, DIRECTOR THRU: __~E._~ART~ENT ~LANNI~ ~D ZONING "'~-- ~ -.--::~ Q.;U FROM: JANET MEEKS, PLANNER II SUBJECT: MEETING OF OCTOBER 27, 1992 INITIATION OF SITE PLAN REVIEW AND APPEARANCE BOARD AWARDS RECOGNITION PROGRAM ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an awards recognition program for outstanding designs which contribute to the community of the City .of Delray Beach. BACKGROUND: The Community Appearance Board (CAB) originally initiated an awards program in the spring of 1986 via Resolution No. 22-86. Awards were based on the aesthetic qualities of development projects, which included landscaping, archit~ctural elevations and signage. In October of 1990, with the Citywide rezoning and adoption of the LOR's, the CAB was renamed the Site Plan Review and Appearance Board (SPRAB) , and new Board members were appointed. The Board was given expanded powers and responsibilities to include not only aesthetic review of projects but also, approval of site and development plans. Now that the SPRAB has been functioning as such for 2 years, the Board members felt it was appropriate to initiate a SPRAB award program, which is the item now before the Commission. The awards program would acknowledge property owners and/or developers who have significantly contributed to the beauty of the City through creative site design. Award categories will include architecture; landscaping; exterior renovation; redevelopment; CBO development; best overall design; and signs. Recipients of the awards will receive a framed certificate which will be handed to them at a City Commission meeting. The first of such awards are scheduled for the City Commission meeting of November 17, 1992. '. ""P " . City Commission Documentation SPRAB Award Program Page 2 Cost Analysis: The Board expressed that both the owner and the designer of the winning project should receive a framed certicate. There will be approximately 20 recipients. The cost of- each award is as follows: Frame. . . . . . . . . . . $ 5.00 Calligraphy. . . . . 5.00 Certificate..... .60 TOTAL $ 10.60 The total cost of the Awards Recognition Program for each year will be approximately $200.00. RECOMMENDED ACTION: By motion, initiate the Site Plan Review and Appearance Board awards program through the adoption of Resolution lao-9:J . Attachment: * Resolution ',' ""I' . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS :, ( FROM: CITY MANAGER I SUBJECT: AGENDA ITEM i ~ ~. - MEETING OF OCTOBER 27. 1992 RESOLUTION NO. 121-92 DATE: OCTOBER 23, 1992 This resolution follows direction received at the October 20th special/workshop meeting at which the Commission, by consensus, agreed to the creation of a Parking Management Team. The Parking Management Team will be tasked with implementing the City's Master Parking Plan. The Team's membership will be comprised of a representative from the Community Redevelopment Agency, Downtown Development Authority, Planning and Zoning Board, City Commission, a business operator or land owner representing the original DDA area, a business operator or land owner representing the expanded Central Business District, a business operator or land owner representing the commercial Beach area, a business operator or land owner representing the West Atlantic Avenue area, east of I-95, Representatives will be nominated through the CRA, to the City Commission for appointment. Recommend approval of Resolution No. 121-92. I,. '"I, " ~ _.__....__,_, '._ 'O"""'_H.___ .-.-..- ----.. ------ -----~~- -, ~-- --_.-. ---. --~- -.,.----- -------- ---'-.--'- RESOLUTION NO. 121-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING A PARKING MANAGEMENT TEAM FOR THE PURPOSE OF IMPLEMENTING THE MASTER PARKING PLAN; PROVIDING FOR A MEMBERSHIP COMPOSITION AND APPOINTMENT PROCESS; PROVIDING FOR THE APPLICABILITY OF SECTION 2.2.1 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR THE INITIAL SCOPE OF RESPONSIBILITY OF SAID PARKING MANAGEMENT TEAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the Ci ty of Delray Beach, Florida, in addressing the subject of downtown parking, appointed a special Parking Study Committee in June of 1991 i and, WHEREAS, the Parking Study Committee prepared a report entitled Master Parkina Plan and presented said plan to the City Commission after review and comment by the Community Redevelopment Agency and the Planning and Zoning Board; and, WHEREAS, the Planning and Zoning Board determined the Master Parking Plan not to be inconsistent with the City's adopted Comprehensive Plan; and, WHEREAS, the Master Parking Plan calls for the creation of a formal Parking Management Team and identifies activities with which the Team should be involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a Parking Management Team is hereby created for the purposes of carrying out and implementing the Master Parking ~, and shall otherwise be charged with advising the City Commission concerning the planning, development, construction and operation of parking in accordance with the provisions of this Resolution. Section 2 That the Parking Management Team is hereby created and shall have membership comprised of a representative of each of the following: (a) The Community Redevelopment Agency Board (b) The Downtown Development Authority Board (c) The Planning and Zoning Board (d) The City Commission (e) The Chamber of Commerce ( f) A business operator or land owner representing the original Downtown Development Authority area (g) A business operator or land owner representing the expanded Central Business District area (h) A business operator or land owner representing the commercial Beach area ( i) A business operator or land owner representing the West Atlantic Avenue area, east of I-95 Section 3. Representatives shall be nominated, through the Community Redevelopment Agency, to the Delray Beach City Commission which shall make the actual appointments. Section 4. That the Parking Management Team shall be subject to the General Provisions (Section 2.2. 1) of Article 2.2 of the Land Development Regulations of the City of Delray Beach, Florida, except as modified by this Resolution. Section 5. That the Parking Management Team shall have clerical and logistic support from the Community Redevelopment Agency, '. "41' - , . -----. --.-.- ~__.____.___._u. __ ~ ~- .-.-------.------ _.-...._.-_._._-_.__._-_.~---,-_..._.__.._----~_._-_._--- -----..- ----'- -- ------.----- on an interim basis, until such time as a permanent program for the administrative aspects of operations for the Team are established by action of the City Commission. Section 6. That the Parking Management Team shall undertake, as a first responsibility, the creation of its organization relationships including, but not limited to: (a) method of interacting with the municipal departments which are involved in day-to-day traffic operations; (b) method of making recommendations and obtaining implementation of Traffic Engineering, Parking Management, and Land Development Regulation Modifications; and, (c) manner in which the objectives of the Parking Trust Fund concept are to be obtained. Section 7. That until such time as the provisions of Section 6, above, are formally accepted by the City Commission, the Parking Management Team shall consider matters dealing with the planning, development, construction and operation of parking in the Master Parking Plan Study Area and shall make recommendations regarding their disposition to the City Manager on a case-by-case basis. When City Commission action is required, the City Manager shall present such recommendations to the City Commission at their next regular meeting. Section 8. That the Parking Management Team shall immediately convene and shall immediately pursue its assigned tasks. PASSED AND ADOPTED in regular session on this the 27th day of October, 1992. ~~ , MVLOR ATTEST: ()L~ YJ)(}~ Nift:rt!rttIo/ C~ty C er - 2 - RES. NO. 121-92 '. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (' SUBJECT: AGENDA ITEM # <6# - MEETING OF OCTOBER 27. 1992 RESOLUTION NO. 119-92 DATE: OCTOBER 23, 1992 This is a resolution authorizing the City to purchase real property located on S.W. 7th Avenue for the purpose of providing infill housing. The subject property is owned by Lois D. Martin. Ms. Martin is willing to sell the property to the City for $13,250. The City will then donate this property to Habitat for Humanity. Approval of this resolution will authorize staff to commence ,the process necessary to acquire the property, including drafting the contract, obtaining title insurance, and arranging for the transfer of the property. Recommend approval of Resolution No. 119-92. ,. ,'~ I' " . ---~---_.~._.'------- _._-------~,------_._._-- RESOLUTION NO. 119-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACI:I, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED ON S. W. 7TH AVENUE, BEING A PORTION OF BLOCK 16, TOWN OF DELRAYj HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located on S. W. 7th Avenue, being a portion of Block 16, Town of Delray, for the purpose of providing infill housing for municipal benefitj and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. 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, as Buyer, hereby agrees to purchase from Lois D. Martin, as Seller, land for infill housing for the purchase price of $13,250.00 and other good and valuable considerationj said land being more particularly described as follows: Parcel 1 - The East 131.31 feet of West 156.31 feet of North 50 feet of Block 16, Town of Delray Beach, Florida. Parcel 2 - The East 131.35 feet of West 156.35 feet of .South 50 feet of North 100 feet of Block 16, Town of Delray Beach, Florida. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 27th day of October, 1992. ~~ ATTEST: (jll~~/ktf~JI()~ City erk '. " .~ ~"\,I aF DELRRY .'r:~(~ ..; ~ ,;Ii' .\, ~ {' . '~~':f.:,~._ .] . . j ;] '.'Q \lEY'S :..("'....". " , , . f ., - " 1 . .,: ", .t' " ;'1:~ ,'~ i' .~ Wr~t_r.. D~r_ct L~n_ ~.) ~ 1 ~"_ {"':t " . -:t.~",\"! (407) 243-7090 MEMORANDUM Date: October 22, 1992 To: city Commission Assistant City Attorn~ From: David N. Tolces, Subject: Acquisition of Two Parcels Located on S.W. 7th Avenue and S.W. 3rd Street The subject property is presently owned by Lois D. Martin. Ms. Martin is willing to sell the property to the City for $13,250.00. The City will then in turn donate this property to Habitat for Humanity per the agreement entered into between the City and Habitat for Humanity. Approval of the resolution will authorize staff to commence the process necessary to acquire the property, including drafting the contract, obtaining title insurance, and arranging for the transfer of the property. If you have any questions regarding this matter, please call. DNT: jw cc: David Harden, City Manager Cheryl Leverett, Agenda Coordinator parcels.dnt . '. ,'~ f ~ .. CONTRACT FOR SALE AND PURCHASE LOIS D. MARTIN, ("Seller"), of Boca Raton, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Seller shall buy the following real property ("Real Property" ) upon the following terms and conditions: 1. DESCRIPTION: Parcel 1 - The East 131. 31 feet of West 156.31 feet of North 50 feet of Block 16, Town of Delray Beach, Florida. Parcel 2 - The East 13I. 35 feet of West 156.35 feet of South 50 feet of North 100 feet of Block 16, Town of Delray Beach, Florida. II. PURCHASE PRICE . . . . . . . . . . . . . . . .$13,250.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before December 31, 1992, the deposit{s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. -.......::: IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOS ING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before December 15, 1992, unless extended by other provisions of Contract. VI. RESTRICTIONS~ EASEMENTS~ LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 i feet in width as to the side lines, unless otherwise specified herein) ; taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, bit of Property is intended to be rented or occupied beyond closing, the fact and terms thereof '. " shall be stated herein, and the tenant(s) or occupants dis- closed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VI!"I. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at-- or before closing. Marketable title shall be deter- mined according to applicable title standards adopted by authori ty of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect{s). If the defect{s} render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect{s}, failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit{s} paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect{s} in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. -2- '. ,"II' " C. Ingress and Egress: Seller warrants and repre- sents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided. for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further affirming that all chaZ"qes for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Seller. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's l'ien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. -3- '. ,,~ I' .. . J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property sh~ll be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January lst of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. ---K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof {including the fascia and soffits} and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropri- ately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above stan- dards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived -4- '. . Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an 'obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the agreement and receiving return of deposit{s). -- N. Escrow: Any escrow agent {"Agent"} receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually ~gree to its disburse- ment, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a 'licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any sui t . wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or -5- .. person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract. within the time specified (including paYment of all deposit{s)), the deposit{s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit{s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of~t-Claim Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agree- ments or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: SELLER: City of Delray Beach Lois D. Martin By: By: Thomas Lynch, Mayor -6- '. .. ~ ATTEST: City Clerk Approved as to Form: City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this {date} by {name of person acknowledging}, who is personally known to me or who has produced {type of identification} and who did (did not) take an oath. -- Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public -7- '. "q> " (ITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Oct 19,92 14:53 P.02 ~ .-~-_.:..~ .", NOTICE OF INTENT TO ACQUIRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined it to be in the best interest of the City to purchase certain real property, for municipal purposes, more particularly described as tallows: Parcel 1 - The East 131.31 feet of West 156.31 feet of North 50 feet of Block l6, Town of Delray 8each, Florida. Parcel 2 - The East 131. 35 feet of West 156.35 feet ot South 50 f'eet of North 100 feet of' Block 16, Town of Delray Beach, Florida. Subject to easementB, restrictions, limitations, and other matters of record for the purchase price o.f $13.250.00 and other good and valuable consideration. A Resolution of the City Commission of the City of Delray Beach, Florida, authorizing the- purchase of the property and on the terms and conditions set forth above, will be considered for adoption by the City ConuniB8ion at a regular meeting to be held at 6:00 p.m. on Tuesday, October 27, 1992. PUBLISH: The News October 21, 1992 +1" October 26, 1992 SW { ~O~~J cY1 Ccl~ . -, '''II' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !!t1 SUBJECT: AGENDA ITEM :II: go - MEETING OF OCTOBER 27. 1992 RESOLUTION NO. 117-92 DATE: OCTOBER 23, 1992 This is a resolution assessing costs for abatement action required to remove nuisances on 30 properties located wi thin 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. 117-92 assessing costs for abating nuisances on 30 properties located within the City. ,.. . . I I I RESOLUTION NO. 117-92 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 i i 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 I DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE 'i RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO :1 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 th~t 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 I hereto and made a part hereof did fail and neglect to abate the I I , 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- I erty owner ( s ) failed and/or neglected to abate such nuisance (s) within I the time designated at the hearing wherein a deCision was rendered adverse to the property owner(s); and, , WHEREAS, the City of Delray Beach, through the City Administra- I :1 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 I i 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, I pursuant to Chapter 100 of the Code of Ordinances desires to assess the , cost of said nuisance(s) against said property owner(s), , . ," . . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. i Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in See, 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- I closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8\ per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained I herein shall become due and payable thirty (30) days after the mailing ,I date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of 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 ,I received by the City Clerk wi thin 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 .1 Beach County, Florida, and upon the date and time of recording of the I 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. I PASSED AND ADOPTED in regular session on this the day ! of , 1992. i MAYOR ATTEST: City Clerk i - 2 - Res, No. 117-92 . ,;.. . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 1 & 2(LESS RD R/W) , FNB PROPERTIES ,INC. $ 44.22 BLK. 11, TOWN OF DELRAY, C/O SUSAN HOLLENBACHER 70.00 (ADM. COST) PB 3, P 2, PUBLIC RECORDS, 214 N. HOGAN ST. (RECORDING) PALM BEACH COUNTY, FL JACKSONVILLE,FL 32202 (610 SE 6TH AVE.) W71' OF N110' BLK. 122, RICHARD A. & JEANNE C. $103.44 TOWN OF DELRAY, PB 1, P 3, FRIEDMAN 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 414 CALIBRE PLACE (RECORDING) COUNTY, FL DECATUR, GA 30033 (245 N.E. 7TH AVE.) LOT-l,BLK. 4, ATLANTIC PARK THOMAS L. & BETTY J. $ 31. 42 GARDENS,PB 15, P 56, PUBLIC JENKINS . 70.00 (ADM. COST) RECORDS OF PALM BEACH CTY,FL 3834 CORTEZ LANE (RECORDING) (1212 & 1214 S.W.2ND ST.) DELRAY BEACH,FL 33445 t LOTS 2 & 3, BLK. 4, ATLANTIC ROGER M. COFFEY $ 47.16 I PARK GARDENS, PB 15, P 56, 1502 N.W. 85TH ST. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL 33147-4340 . (RECORDING) COUNTY, FL ( S . W. 13 TH AVE.) LOT 6, BLK. 2, SILVER TER., JEROME B. VANHILLE $ 75.44 DELRAY, PB 11, P 61, PUBLIC 123 N.E. 1ST STREE')." 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH,FL 33444 (RECORDING (12 CENTRAL AVE.) E37.3' of W62.3' of S93', HENRY R. DAVIS $ 23.68 BLK. 11, TOWN OF DELRAY, PB 1, 301 S.W. 8TH COURT 70.00 (ADM. COST) P 3, PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (621 N.W. 1ST ST~) E50' OF S135' OF BLK. 3, TOWN ARIDEEN CLOSE $ 39.42 OF DELRAY, PB 1, P 3, PUBLIC C/O BENJAMIN BALDWIN 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY,FL 1392 LAWRENCE RD. (RECORDING) (701 N.W. IST ST.) DELRAY BEACH, FL 33445 N50' OF S300' BLK. 18 (LESS W143' EDGAR I. RAMIREZ $ 27.68 & E20' R/W, TOWN OF DELRAY, PBl, JULIO L. RAMIREZ 70.00 (ADM. COST) P 3, PUBLIC RECORDS OF PALM 11081 ELLISON WILSON RD. (RECORDING) BEACH COUNTY, FL NORTH PALM BEACH,FL 33408 (222 N.W. 5TH AVE.) - 3 - Res. No. 117-92 , . . LOT 4, BLK. C, WEST SIDE HATTIE L. HARDWICK EST. $ 39.42 HEIGHTS, DELRAY, PB 13,P61, C/O GEORGE QUAIL 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE ST. (RECORDING) CO lNTY, FL BROOKLYN, N.Y. 11233 (37 N.W. 10TH AVE.) LOT 4, BLK. A, WEST SIDE STRAGHN ENTERPRISES OF $ 39.42 HEIGHTS, DELRAY, PB 13,P61, DELRAY BEACH, INC. 70.00 (ADM. COST PUBLIC RECORDS, PALM BEACH 26 S.W. 5TH AVENUE (RECORDING) COUNTY, FL DELRAY BEACH, FL 33444 (123 N.W. 10TH AVE.) LOT 19, BLK. 10, ATLANTIC EVELYN CLINTON $ 27.68 GARDENS, DELRAY, PB 14, P63, III N.E. 16TH AVE. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH,FL 33435 (RECORDING) COUNTY, FL ( S . W. 10TH A VB. ) LOT 33, DELRAY BEACH ESTATES, ROSEKEN, INC. $240.00 PB 21, P 13, PUBLIC RECORDS, 2519 N. FEDERAL HWY. 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (RECORDING) (2519 N. FEDERAL HWY.) i S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 23.68 BLK. 56, TOWN OF DELRAY, PB 20, 303 S.W. 2ND AVE. 70.00 (ADM. COST) P 55., PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (303 S.W. 2ND AVE.) LOT 49 (LESS S10') ,SUNSET ANPE, INC. $431.34 PARK, DELRAY, PB 12, P 65, P.O. BOX 3215 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOYNTON BEACH,FL 33424 (RECORDING) COUNTY, FL (1005 MANGO DRIVE) LOT 2,BLK. 6, DELRAY BEACH GARY H. & CAROLYNN R. $ 62.90 HIGHLANDS SEC. 3, PB 27, MAYER 70.00 (ADM. COST) Pl08, PUBLIC RECORDS, PALM 714 N.E. 2ND AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (2108 S.W. 13TH CT.) LOT 27, DELRAY BEACH ESTATES, GULFSTREAM LODGE,INC. $ 35.42 PB 21, P 13, PUBLIC RECORDS, C/O MASSOU MEH RAMAZANI 70.00 (ADM. COST) PALM BEACH COUNTY, FL P.O. BOX 3101 (RECORDING) (2713 N. FEDERAL HWY.) BOYNTON BEACH, FL 33424 LOT 2, BLK. 60, TOWN OF DEL- JAMES P. & RACHEL A. $ 35.22 RAY (OLD SCH. SQ. HISTORIC D'ANGELO 70.00 (ADM. COST) DIST.)PB 1, P 3, PUBLIC 251 N.W. 8lST TERR. (RECORDING) RECORDS, PALM BEACH COUNTY, CORAL SPRINGS, FL 33071 FL (45 N.W. 1ST AVE.) - 4 - Res. No. 117-92 '~. . LOTS 2 & 3, BLK. B, TOURIST WILLARD BOWE $ 23.86 NOOK, DELRAY, PB 11, P 47, 3330 N.W. 214TH ST. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH OPA-LOCKA, FL 33056 (RECORDING) COUNTY, FL (N.W. 9TH AVE.) LOT 3, BLK. 47, TOWN OF ROBERT G. & PATRICIA $ 35.42 DELRAY, PB 12, P 81,PUBLIC ALLEN 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 206 S.W. 2ND AVENUE (RECORDING) FL DEL RAY BEACH, FL 33444 (206 S.W. 2ND AVE.) N30' OF E13S' OF BLK. 10, JAMES & BERNICE IVY $ 39.42 TOWN OF DELRAY, PB 1, P 3, 221 N. SWINTON AVE. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DEL RAY BEACH, FL 33444 (RECORDING) COUNTY, FL (N.W. 3RD. STREET) ESO' OF WlSO' OF Nl35' OF JULIAN FERRETTI $ 62.90 . . BLK. 11, TOWN OF DELRAY, C/O JAMES BONFIGLIO,ESQ. 70.00 (ADM.. COST) PB 1, P 3, PUBLIC RECORDS, 189 BRADLEY PLACE (RECO~DING) PALM'BEACH COUNTY, FL PALM BEACH, FL 33480 (614 N.W. 2ND ST.) LOT 17, BLK. 1, ATLANTIC ELKANAH HEPBURN $ 27.68 PARK GARDENS, DELRAY, PB 14, P.O. BOX 8002 70.00 (ADM. COST) P 56, PUBLIC RECORDS, PALM WEST PALM BEACH,FL 33407 (RECORDING) BEACH COUNTY, FL (37 N.W. 13TH AVE.) LOTS 12 TO 14,INCL.,& LT.16, R.P.I. MANAGEMENT CORP. $ 58.90 CARVER SQUARE, PB 24, P 11, C/O JON HALL 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 7825 N.E. BAYSHORE CT. (RECORDING) COUNTY, FL BOX 2501 (S.W. 2ND TER.-&S.W.8TH AV) MIAMI, FL 33138 LOT 31, BLK. A, TOURIST R.P.I. MANAGEMENT CORP. $ 35.42 NOOK, DELRAY, PB 11, P 47, 7825 N.E. BAYSHORE CT. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 2501 (RECORDING) COUNTY, FL. MIAMI, FL 33138 (256 N.W. 9TH AVE.) LOT 10 FAIRCREST HEIGHTS RENE ALONSO & ASSOC. $ 29.75 AMND. PLAT, PB 42, P 68, C/O HUBERT & TOMPKINS 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 2400 E. COMMERCIAL BLVD. (RECORDING) COUNTY, FL FT. LAUDERDALE, FL 33308 (2028 S.W. 35TH AVE.) - 5 - Res. No. 117-92 ".. "I.; . . . S150' OF E50' OF BLK. 18, H. & HAZEL CLEM $ 39.42 (LESS E20' R/W) , TOWN OF 3 SUMMER STREET 70.00(ADM. COST) DELRAY, PB1, P 3, PUBLIC NORWALK, CT 06851-4503 (RECORDING) RECORDS, PALM BEACH COUNTY,FL (N.W. 2 ND ST.) LOT 12, BLK. 3, ATLANTIC PARK LUCY M. WINTON $ 78.38 GARDENS DELRAY, PB 14, P 56, 502 S.W. 7TH AVE. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444-1539 (RECORDING) COUNTY, FL (145 S.W. 13TH AVE.) LOTS 9 & 10, BLK. 6, ATLANTIC C. F. JR. & CYNTHIA M. $ 23.68 GARDENS, DELRAY, PB 14, P 63, RIDLEY 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 137 S.W. 12TH AVE. (RECORDING) COUNTY, FL DELRAY BEACH,FL 33444-1533 (133 & 137 S.W. 12TH AVE.) 530' OF LOT 6, BLK. 28, TOWN LEONARD DAVIS $ 35.42 OF DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL V.A. BRANCH P.O. (RECORDING) (N.W. 5TH AVE.) LOS ANGELES, CA 90073-9999 i LOT 18, ALLAMANDA GARDENS, BYRON JONES ET AL $191. 62 PB 64, P 63, PUBLIC RECORDS, 200 N.E. 17TH AVE. 70.00 (ADM. COST) PALM BEACH COUNTY, FL BOYNTON BEACH,FL 33435 (RECORDING) (240 S.W. 8TH AVE.) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 6 - Res. No. 117-92 ,,-, . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {fl4! SUBJECT: AGENDA ITEM :It 1>F - MEETING OF OCTOBER 27. 1992 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 23, 1992 This item is before you to approve the award of the following bids and contracts: l. Emergency Demolition - Tennis Center/Stadium - K & K Wrecking Corporation in the amount of $14,700 with funding from General Construction Fund - Tennis Center/Stadium (Account No. 334-4145-572-63.41) . 2. Rehabilitation of Lift Stations 19A, 20A, 23 and 32 - Environmental Services - Widell Associates, Inc. in the amount of $335,000 with funding from Renewal and Replacement Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 3. Bus Rental Service - Parks and Recreation - Quality Transportation Services, Inc. in the estimated annual amount of $33,000 with funding from various Parks and Recreation Accounts - Day Camp (55-10), Other Rental (44-90) and Other Insurance (45-90). 4. One ( 1 ) Toro Reelmaster Mower - Golf Course - Hector Turf in the amount of $19,639.44 with funding from Municipal Golf Course - Equipment Other (Account No. 445-4761-572-64.90). 5. Construction of 32 parking spaces, landscape improvements and irrigation system - Cason Cottage - All-Rite Paving Contractors in the amount of $38,980 with funding from 1987 Utility Tax - Cason Cottage Parking Expansion (Account No. 333-6111-541-61.97) , Funding to be transferred from interest earnings from 1987 Utility Tax (Account No. 333-0000-361-10.00) and Decade of Excellence Bond Issue (Account No. 225-0000-361-10.00). Recommend approval of the award of the above bids and contracts with funding as indicated. '. . . TENNIS CENTER/STADIUM DEMOLITION BID INFORMATION Demolition - 13 N.W. 3rd Avenue Cushing Demolition $3,150 Cuyahoga Wrecking Corp. (aka K&K Wrecking Corp.) $2,300 Gustavson, Inc. $3,423 Demolition - 35 N.W. 3rd Avenue Cushing Demolition $2,490 Cuyahoga Wrecking Corp. $2,150 Gustavson, Inc. $2,949 Demolition - 216 N.W. 1st Street Cushing Demolition $2,650 Cuyahoga Wrecking Corp. $2,250 Gustavson, Inc. $2,474 Award to low bidder on all three units Cuyahoga Wrecking. Bid does not include abatement cost if asbestos is found in structures. <is{=>. ~ ,. HI. . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 90- APPLICANT: PROJECT ADDRESS: L? A/ CI'.r (~ L:O</I' j/ .E --- DATE OF BID LETTERS: DATE OF BID OPENING: '() //71' /9 ~./' NAME OF CONTRACTORS AMOUNT OF BID CUSHING DEMOLITION $ 3. /(5-0, 00 / CUYAHOGA WRECKING CORP. $ 2JJOO. f/ZJ ~~.Jr-.4 Yc:5"O~ //Vc., / $ J.7'2-3,oV OMAS B. GOODlfG DE~TION ,/ CONTRACTOR AWARDED CONTRACT: L&<... r C<.- i Of a W/ed/;7 CEJ0 BID/CONTRACT AMOUNT: $A. ~OO. 0() / COMMENTS: LOW BID - BIDFORM/PG2 '. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 90- /" APPLICANT: . PROJECT ADDRESS: c3cS- /V 0/ .3 r-d 11 {/c DATE OF BID LETTERS: DATE OF BID OPENING: /n//y/9 2--- NAME OF CONTRACTORS AMOUNT OF BID CUSHING DEMOLITION $ 2,9"9'0,00 / CUYAHOGA WRECKING CORP. $ z... . /0"0. (')0 ~ cA....S7'-~ J<so /1./ ,/ /V" C / OMA~ B. GOODiNG DEMOLITION $ ?/ 7'7"7- 00 CONTRACTOR AWARDED CONTRACT: L~C/C<-Ao9~ l{//'e'~L/Nj? CO~ / / BID/CONTRACT AMOUNT: $ ;Z J ~)o. no / COMMENTS: LOW BID - ~ I I BIDFORM/PG2 I '. .q CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 90- /'- APPLICANT: . PROJECT ADDRESS: r;:z / ~ N 0./ /M" ST DATE OF BID LETTERS: DATE OF BID OPENING: /0 ~C/'/f~ NAME OF CONTRACTORS AMOUNT OF BID CUSHING DEMOLITION $ XI ~O. 00 / CUYAHOGA WRECKING CORP. $ ;4 / 2S-o, 00 ~ USTO-Y SO/l/ //1/' c... '/ $ -<-, ~ ?Y,O 0 or~AG D. GOODING BEHOLITION / CONTRACTOR AWARDED CONTRACT: (' U ya.~CJy~ 0Ir~~<>~q Co0 / BID/CONTRACT AMOUNT: $2. 2~O. O(J .- COMMENTS: LOW BID - ~ \ I BIDFORM/PG2 . ,. .,1)' /0/87 ~ I,' I h _,,:' VI I..J ((I >: L.:i, t \<' CJ+ () c.:,.' J r' ,:,-:, \. l:3f::' .:~:r.C: i"j I:: J C) r' J d .;'-,';!, J. 1.-::"):.... 1 ~...\ ,/ (:.~\ ';;'.' F' I.) \'" ~:.: \"'1 .;). ~:I !,:0 h C'q',.!, i '::: i t. i. or', Bu,\/(c~i' ... . () i. ~:'::j :\. ~: ,,::' _,", H' j-- 1'" C) C.: C:."~ ~'~'i :\. f'\ n h~i:;;C! r"~ L! l" ~ VI i/) (?! [I) 1/) I,? [I Fi:: " 1"1(,..:) TU,!"{.l }.) .:'::\ 1.':. C~, " J (./.1 :I. ~:.:.;() :';:., r;.: C:.' .~::'l. ~::~ C:) f"j " -I' t~ I') 1\1 I :-3 I; I: 1\lf E: h: !)Li'-iLil., tr .I. 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Ofl ",',f"! cI / ur" c'!::::t.:i un" j:".) to"" E? ":; "::::" E:'''ltFil' .. 't ,,: D (:2 1 Fc~ t. f2 E;-~pf'.\r"lc.!i tU.t-ii::! F't.. u j t'::'..C 'i,,: F'0~r" c f~I"\ 'i" de] FO! ....'Ut..-. (',mUUI't. Opt (iCCOUI"it h\umb~,~i" (2 ch,'c. i mo~ 1 s,.) (I:- d(~~c i 10,,).1 ~::;) ~:<:JIA 14~:;~57::!6~S41 cr' :? ~:; C? liZW) " ~")Wj 1 /.j 7Dii'" Cj(2) Tot ':,"', 1 ~::' Il'K) .. O~'j 14, 71lJD" 00 C>/< " . .. ~'~::'="t::> i t F: 1. :? ::'C ic~'''1 C 1,'21 If{L ~ CJ '-< 1 ';::-i{j::::; ~:)(~ t'iV.} t<i::) I IV! J J '~::; \ fP, '. " . MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood I}vdb Director of Environmental Services FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ: BID AWARD - PROJECT #91-102 REHABILITA~ION OF LIFT STATIONS #l9A. 20A. 23. & 32 . DATE: October 14, 1992 Attached please find the following: 0 Agenda Request 0 Recommendation of Award 0 Bid Tabulation Widell Associates, Inc. has completed work for the City on numerous projects, for example: Expansion of Water Treatment Plant. Eckler Engineering and our staff both recommend award to Widell Associates for $332,000.00. FU~~ be t:~~rom Account: R & R 442-5178-536-60.83. George AbOU~ Deputy Di7ctor/p.u. GA:pw cc: Memos To City Manager's Office PROJECT FILE #91-102 D FILE; PC:a;BID.1 ~P.~ '. " . oE ECKLER ENGINEE?J~~1nm' ~rRVIG[S 92 OCT - I PH 3: 25 CONSUL TING CIVIL ENGINEERS September 29, 1992 .~ ,- f'" r~ . . I .- 0 " .'-, r-l\, t: 215.B3 I -to..- "'.' _. '" Mr. George Abou-Jaoude City of Delray Beach 434 S. Swinton Avenue Delray Beach, FI 33444 Dear Mr. Abou-Jaoude: Reference: Recommendation of Award Rehabilitation of Lift Stations 19A, 20A, 23 and 32 City Project No. 91-102 Bids were r~ceived, opened and read aloud jn the first floor City Hall Conference Room at 2:00 P.M. on Thursday, September 24, 1992 for the Rehabilitation of Lift Stations 19A, 20A, 23 and 32. These bids were received under City Bid Number 92-67. There were five bids received with the lowest being submitted by Widell Associates, Inc. of Fort Lauderdale, Florida, in the amount of $332,000.00. This is 2.6% below the second low bidder and 40% below the highest bidder. This bid is also 5% above the Engineer's estimate. A certified bid tabulation is attached for your review and information~ We have reviewed the bid information submitted by Widell Associates, Inc. which includes the Bid Form, Non-Collusive Affidavit, Sworn Statement for Public Entity Crimes, Drug Free Workplace Certification, Bid Bond and Power of Attorney, Bidders Information and Questionnaire. All of this information appears to be complete and acceptable. We, therefore, recommend award of this construction project to Widell Associates, Inc. of Fort Lauderdale, Florida, in the amount of $332,000.00. We are all aware of the concerns and construction problems which may occur during the rehabilitation of pump station number 32. This pump station is in the middle of a circular driveway of a home owned by a person who has caused problems for the City on previous construction projects. Widell Associates, Inc. may be interested in constructing an entirely new pump station in the right-of-way in front of the vacant lot adjacent to the existing location. The costs indicated in the proposal for rehabilitating pump station number 32 and the construction of the entirely new station at 20A are similar, If Widell Associates, Inc. pursues this alternate location, then I believe the City should seriously consider their proposal. The major reason for moving the station would be to minimize the construction problems which may be created by this resident. The City would also have a brand new pump station instead of a rehabilitated pump station. 9381 WEST SAMPLE ROAD. CORAL SPRINGS. FL 33065 3051755-1351 Printed on Recycled Paper '. " - Mr. George Abou-Jaoude September 29, 1992 Page 2 If you have any questions or reqUJfe additional information pertaining to this recommendation of award, please do not hesitate to contact me. Sincerely, ])~4. t5::&- Donald A. Eckler, P.E. 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MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager gcf!Y FROM: Ted Glas, Purchasing Officer rfI/r DATE: October 20, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - October 27, 1992 - BID AWARD - BID # 92-76 BUS RENTAL SERVICE FOR PARKS & RECREATION Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Quality Transportation Services, Inc. at an estimated annual cost of $33,000. Per the Parks & Recreation Department, funding is from various accounts as listed on memo. Background: Funds were allocated in the FY 92-93 budget for this bus rental service. A total of $36,200. was budgeted. Bids for this service were received on October 06, 1992, from three (3) firms, all in accordance with City purchasing procedures. (Bid #92-76. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The Director of Parks & Recreation has reviewed the bids and recommends award to the low bidder, Quality Transportation Services, Inc. Recommendation: Staff recommends award to the low bidder, Quality Transportation Services, Inc. at an estimated annual cost $33,000. Funding as outlined above. Attachments Tabulation of Bids Memo from Parks & Recreation pc: Joe Weldon 1>-P. ~ '. ';111' " [IT' DF DELRA' BEA[H 100 N.W 1st AVENUE DELRAY BEACH. HOHIDA :<3444 407l74~~" 7CJC) MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid # 92-77, Bus Rental Services DATE: October 21, 1992 Attached please find a tab sheet for bus rental services for the Parks and Recreation Department. Three firms bid on this service with the apparent low bidder being Quality Transportation. Three items were bid: rental for the bus only with the low bid being $1 per mile; bus rental with driver with the low bid being $1.90 per mile; and bus rental with driver for the summer recreation program only with the low bid being $1.90 per mile. All three options require $150 premium per month per bus for $1,000,000 liability insurance. Using these three options over the course of a year, I anticipate spending approximately $33,000 in bus rental services. As a comparison, we paid the School Board $31,000 for the summer recreation program alone, and spent a total of about $45,000 for all bus services last year. The following are the accounts and the amounts of money budgeted: After School Program: 001-4105-572-44.AKr~$10,000 Rocks Football Program: 115-0000-248-78.00 4,000 Summer Camp Program: 001-4121-572-55.10 6,000 001-4125-572-55.10 6,500 001-4127-572-55.10 5,500 001-4128-572-55.10 4,200 $36,200 , . \ r\ ~ ~ \, ~ I .... 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'1 :rC'l.....0''1::s C'l tll tll tll c: tll tll ...... "llct tlll1o.tlll\>o.O'1 11 C'l ct'1~ ll> ... ...'" '1 '1 01 '< """.... ..... ll> '< ll> ......tll \D:r::S~H '< g:~ ;4.~r;->tlloo ~~ ~ t"" c: .....::s......Ull\>nc:::s ..... '1""01 0 tllO\tll o '1 tll ::s :rtlltll ~ 5 ~ ~ .: tll V1tll~o.S. .....ncno..... :rl/l.....c:~ n 0 tll ~ Oll>n'1~ tll '1 ~ ~ c: 8 tll ..... I '1 tll ::I II> 00 '" '. . . ~ MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer C/;~' DATE: October 20, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 27, 1992 - PURCHASE AWARD - MOWER FOR GOLF COURSE Item Before City Commission: The City Commission is requested to approve the purchase of one (1) Toro Reelmaster Mower from Hector Turf, at a cost of $19,639.44. Per the Finance Department, funding is from: Acct #445-4761-572-64.90 (Capital Outlay - Other Mach/Equipment). Background: Funds were allocated in the FY 92-93 budget for a 5 gang hydraulic mower. A total of $30,000.00 was budgeted. The hydraulic mower was purchased late summer (FY 91-92) due to need; thus freeing up funds for the light weight mower. Mowers are available via the Federal Supply Schedule, and the area Toro dealer is offering additional discounts as noted on attached documentation. The Golf Course Maintenance Superintendent has reviewed the contract and recommends the purchase of the Toro mower, per attached memo. Recommendation: Staff recommends award of one (1) Toro Reelmaster Mower to Hector Turf, at a total cost of $19,639.44. via the Federal Supply Schedule with discounts. Funding as outlined above. Attachments: Documentation on Federal Supply Schedule Letter from Hector Turf Memo from Golf Course Superintendent pc: Brahm Dubin Tom Arendt 15ft '. HH " . Managed by Dubin & Associates Inc. DONALD ROSS. 1923 October 20, 1992 To: Ted Glass, Purchasing Dept. From: Tom Arendt, Golf Course Superintendent Dear Ted, I have reviewed the Federal Supply Schedule and the Toro Reelmaster 223D5100 is the Hydraulic drive 5 gang mower we need. I recommend we purchase the above mentioned machine. srz:y · Tom Arendt cc: Brahm Dubin 2200 Highland Avenue · Delray Beach. Florida 33445 · (407) 243-7385 '. " ~ 1301 N.W. THIRO STREET / DEERFIELO BEACH. Fl33442 TEl.: (305) 429-3200. FAX: (305) 300-7657 TO: City of Delray Beach VIA FAX: 243-7166 Attn: Jan FROM: Joe Limberg DATE: October 19, 1992 Dear Jan: Per our conve~sation, the Non Appropriated Funds Federal Supply Schedule #F41999-91-D-6079 for the Reelmaster 223D/5100 has a total cost of $20,572.06. We will give you a additional discount of $932.62. With this additional discount it will bring your total price to $19,639.44. oe Limberg Sales Representative Turf Products '. , . 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C"o..o ...... ...0 U'lN V"........ ..... ..... -D <=> .... .... -.Q '= -.,,-..t7'--C7"o-~ ...... ..... Co ~ c t,..~eo ~eo~~:'" . ,..., - tD ... - \ - 0:> to.;I.....ll>- 00.-.0.............. C .... -0 <:r;> - ._------ -- . ....... ... . ...-.-......,.. .. .._--_..........'. - -.---- '. ;"1 "' [IT' DF DELIA' BEA[H 100 NW, 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager/ \P' Administrative Services SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, OCT. 27, 1992 BID AWARD CASON COTTAGE PARKING LOT DATE: October 21, 1992 ACTION City Commission is requested to approve a bid award to All-Rite Paving Contractors, Inc., the lowest responsive bidder, in the amount of $38,980 and is requested to transfer $7,200 from the Utility Tax Bond Interest Earnings (3,500) and the Decade of Excellence Bond (3,700) project Interest Earnings to complete this project. This project will be charged to account code 333-6111-541.61-97 Cason Cottage project. BACKGROUND At the Commission meeting of May 12, 1992, Commission agreed to the concept of expanding the parking area and access to Cason Cottage and allocated $33,100 for this project. The project includes a paved driveway, access from Swinton Avenue, 7 paved parking spaces, 2 paved handicapped spaces, an additional 34 stabilized sod parking spaces, landscaping, and irrigation. The original estimate did not include landscape and irrigation costs. This project has been reviewed and approved by the Historic Preservation Board and landscape waivers were granted by City Commission. Bids were received from six firms. Staff is recommending award to the low bidder with a reduction in bid item #28 (lab testing) from $2,000 to $750 and eliminating the allowances for video and utilities (items #29, #30) in the amount of $3,000. The current balance in this account is $31,702.06. RECOMMENDATION Award the bid to the low bidder, All-Rite Paving Contractors, Inc., in the amount of $38,980 and approve the transfer of $7,200 from the Utility Tax Interest Earnings and the Decade of Excellence Bond project Interest Earnings to the Cason Cottage Parking project, account #333-6111-541.61-97. AAB:~g ~ THF EFFORT ALWAYS MATTERS P, G . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER ~ THRU: WILLIAM H. GREENWOOD II ~ IOlze/f'L- DIRECTOR OF ENVIRONMENTAL SERVICES FROM: RALPH HAYDEN, P.E.~ CITY ENGINEER " DATE: OCTOBER 20, 1992 SUBJECT: CASON COTTAGE PARKING LOT AND LANDSCAPE IMPROVEMENTS 92-025 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an agenda request for award of the construction contract for Cason Cottage Parking Lot to All-Rite Paving Contractors, Inc. , the lowest responsible responsive bidder. This project involves the construction of 32 new parking spaces, landscaping and an irrigation system. The total contract amount for Cason Cottage is $ 38,980.00 which will be funded from Account No. 333-6111-541-61.97. The Contractors original bid for the project as indicated on the bid tabulation is $ 43,230.00. Item 28, testing lab allowance was reduced from $ 2,000.00 to $ 750.00 and Item 29 and 30 have been deleted. This brings the total bid to $ 38,980.00 which is proposed contract amount. A bid tabulation is also enclosed for your reference. We have reviewed the bid from All-Rite Paving Contractors, Inc. for the parking lot and landscape improvements at Cason Cottage. We have determined that the unit prices for the bid items are comparable with the prices from past projects of this size. In order for construction to be completed by December 3, 1992, we request this contract be placed on the commission agenda on October 27th. REH:kt Attachment cc: Ted Glas, Director of PurChasing Robert Barcinski, Assistant City Manager Adm/Serv. Sandee Mills, Adm. Asst. 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'_ ,_ /.8.5- /5<2~!-. .z~;r .21t'- .2..55'" .2lJr MII~ I ro... 54 - I .. ~:';::.::;:.;:::_ I'tt.- _./11'.0-- I fi,r .. ./."/0....__. --.-Lt!'l.:' . .z(le;...J :::.::;:.:,.... .., ,_ '_ 4;tcl- 31'.5.~ 57'6--' 39(.."- .:r~,?,- (';/A- Ana.-- mite- ,l \ (..... f:.!. .15 c: 8,t ~ l'~ , U.~~=r~.~"'" t __..__.1.. _ I. ,,8- ~ .,~ 8'. ......_....._u_-.-; s.o.1I....,...., ./rl BC, ...' r; ~ d ~ -- ....__. ...11 '_'_ 972 cS'.2.5. -'___..__...lL_._uo.....:L.50 /.;28' ~j/CJ IlMU'w. c...u . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ?/"./f SUBJECT: AGENDA ITEM it 'fA - MEETING OF OCTOBER 27. 1992 REPORT OF APPEALABLE LAND DEVELOPMENT ACTIONS DATE: OCTOBER 23, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period October 12, 1992 through October 23, 1992. The following actions were considered during this reporting period: The Planning and Zoning did not consider any appealable items during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevation plan associated with floor area additions at Wendy's DBO Acres. -Approved the architectural elevation plan (facade changes) for Dixie Variety. -Approved the architectural elevation plan associated with a building addition for Bi-Lo Grocery. -Approved a minor site plan modification, landscape plan and architectural elevation plan in conjunction with the re-establishment of a cocktail lounge, construction of a 720 square foot patio (outdoor dining area), and parking lot for the Backroom Lounge. Approved the aesthetics (building materials) of proposed playground equipment for Veteran's Park. The Historic Preservation Board did not hold a regular business meeting during this reporting period. A detailed staff report is attached as backup material for this item. '. ',.If " - '// ,\ f/v'\ C I T Y COM MIS S ION DOC U MEN TAT ION TO: o T. HARDEN, CITY MANAGER ~A~ ~0(lP1-- THRU: DA o J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING t.om,,," (}Ite~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF OCTOBER 27, 1992 REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 12, 1992, THRU OCTOBER 23, 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 October 12, 1992, through October 23, 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. '. "II' - City Commission Documentation Report of Appealable Land Use Items October 12, 1992 thru October 23, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OCTOBER 19, 1992 No appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Recommended denial (7 to 0), of a future land use map amendment (from Transitional to General Commercial) and rezoning from Planned Office Center to Planned Commercial for the Holland Property, which is located on the south side of Linton Boulevard, east of the Boca Rey Plaza. * Recommended approval (7 to 0), of a rezoning from Planned Residential Development (PRO) to Community Facilities (CF) for Abbey Delray South, which is located on the south side of Linton Boulevard, east of Homewood Boulevard. * Recommended approval (6 to 0) , of the Parking Program for the Virginia Slims Tennis Tournament. * Recommended that a formal request be made to the Board 0 f County Commissioners to direct the County Planning Department to include in Plan Amendment 93-1 a program to achieve consistency between the City and County Future Land Use Maps in the City's Planning Area (6 to 0). * Recommended (6 to 0) that a request be made to Palm Beach County to alter and enact portions of the County Plan Amendment 92-1 which pertains to the City's CBD-GAE Designation. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 21, 1992: : 1- Approved the architectural elevation plan associated with floor area additions at Wendy's DBO Acres, located on the south side Linton Boulevard, between SW 4th Avenue and the FEC Railroad (Vote 7 to 0) . The associated site plan changes will be approved administratively as a non-impacting modification. 2. Approved the architectural elevation plan (facade changes) for Dixie Variety, located on the east side of Dixie Highway, south of Lindell Boulevard (Vote 7 to 0). 3. Approved the architectural elevation plan associated with a building addition for Bi-Lo Grocery, located at the southwest corner of Atlantic Avenue and SW 9th Avenue (Vote 7 to 0). The associated site plan changes will be approved administratively as a non-impacting modification. '. >"1' City Commission Documentation Report of Appealable Land Use Items October 12, 1992 thru October 23, 1992 Page 3 4. Approved a minor site plan modification, landscape plan and architectural elevation plan in conjunction with the re-establishment of a cocktail lounge, construction of a 720 sq. ft. patio which will be utilized as an outdoor dining area and a parking lot for the Backroom Lounge, located at the northwest corner of NW 3rd Avenue and Atlantic Avenue (Vote 6 to 0). 5. Approved the aesthetics (building materials) of proposed playground equipment for Veterans Park, located at the northwest corner of Atlantic Avenue and the Intracoastal Waterway (Vote 3 to 2). HISTORIC PRESERVATION BOARD (No Regular Business meeting was held during this period). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map '. "'1 " - LOCATION NAP fOR CITY COMMISSION MEETING Of OCTOBER 27. 1992 L-JO CANAL i LAKE IDA ROAD ... I ~ ~ I 2 I LOWSON IOULEVARD I LlKtOM IOULEVAID I I L-3a CANAl. ,/ S.P .R.A.B. ITEMS: 1. - WENDY'S o DBO ACRES 2. - DIXIE VARIETY 3. - BI-LO GROCERY N 4. - BACKROOW LOUNGE - 5. - VETERANS PARK CITY OF DEWY lEACH. noRIDA . PLANNINC DEPARNENT '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM :It Cf6 - MEETING OF OCTOBER 27. 1992 VETERAN'S PARK IMPROVEMENTS/PLAYGROUND EOUIPMENT DATE: OCTOBER 23, 1992 The Director of Parks and Recreation requests City Commission review and direction with respect to the playground equipment proposed for Veteran's Park. Mr. Weldon has previously provided the Commission with documentation concerning this matter. He will have additional information available at Tuesday night's meeting. - . . - PRESENTATION TO DELRAY BEACH CITY COMMISSION ON ROBERT LEATHERS PLAYGROUNDS The following information is presented in support of building a Robert Leathers Playground at Veterans Park. 1.) Robert Leathers is an architect that has specialized in building children's playgrounds. Mr. Leathers has built over 650 playgrounds in 38 states and 2 foreign countries (Australia and Israel) . Mr. Leathers has been featured in such magazines as Parent's Guide, Time, and Readers Digest. These articles are included in your information packet for your review. Mr. Leathers' playgrounds are designed and built by the citizens of the community, typically with all funding and supplies donated by individuals and businesses of the community. Mr. Leathers incorporated his company in 1980. Two of his earliest playgrounds were built in 1981 and 1982 in Webster, New York and Lansing, New York, respectively. Both of these facilities are elementary school, Holy Trinity School in Webster, New York and Lansing Elementary School in Lansing, New York. I talked to representatives of these schools recently and was advised the playground equipment is in very good condition and heavily used by the students at these schools. I have the names and telephone numbers of the representatives I talked to if you would like to verify this information. 2. ) Also in your packet are letters from 12 cities or counties and 2 school boards that have built and are very happy with Robert Leathers Playgrounds. These communities and school boards were selected from Florida and Connecticut, both states with salt water environments. 3. ) Concerns have been raised that wood is an unsafe building material for children's playground equipment. Unfortunately, there has been and is still some wooden playground equipment on the market that has been proven as unsafe and unreliable. Most of these, I believe, have been made of natural woods such as redwood or cedars and not pressure treated wood as used by Robert Leathers. Mr. Leathers uses only dense select structural southern yellow pine that is pressure treated to inhibit deterioration of the wood. Mr. Leathers' wood goes through a very exact pressure treating process that is outlined in the information that is contained in your packet. 4 . ) The Consumer Product Safety Commission, the Federal agency responsible for overseeing the safety of playground equipment, does not differentiate between wood, metal or plastic as a preferred building material. If wood were an unsafe building material, you can be sure the Consumer Product Safety Commission would recommend against it, which it does not. More important than whether the playground is made of wood or metal is the type surface on which it is installed. The Consumer Product Safety Commission did a special study of playground injuries and identified falls to hard surfaces from equipment as the most common injury associated with playground equipment. , , 2 5. ) Even though wood is an excellent construction material, it is susceptible to splintering. Mr. Leathers minimizes this problem by using the best wood available as previously noted. Further, the edges of each board are rounded by a router that greatly reduces the splinters commonly found along the edges. Each board is also power sanded or hand sanded to eliminate rough spots. Additionally, the wood is sealed to reduce checking and splintering, which might occur if the wood were allowed to dry naturally. Lastly, maintenance programs will resand and reseal the wood at least on an annual basis. All of our playground equipment is inspected by our Park Maintenance personnel at least every 10 - 14 days to insure there are no hazards that could injure any of our children. 6.) Concerns have also been raised that the chemicals used to pressure treat the wood (chromated copper arsenate) may be hazardous to children. Extensive studies done by the Consumer Product Safety Commission have determined that the use of chromated copper arsenate on wood treated playground equipment poses a negligible risk to children. A letter from the Florida Department of Natural Resources attesting to that fact is included in your information packet. 7.) All hardware and fasteners such as bolts and screws are either double-dipped galvanized or electrogalvanized and are oversized to increase structural integrity. Typically, drive screws are used in place of nails to provide greater structural integrity. 8.) The architectural firm for the renovation of Veterans Park, Currie Schneider Associates, enthusiastically endorses the Robert Leathers Playground as the playground for Veterans Park. Their endorsement is included in your information packet. 9.) Wood playground equipment is not new to the City of Delray Beach. We currently have wood playground equipment at Barwick Park, Miller Park and Knowles Park, and have experienced no significant problems. lO.) A check with the insurance industry indicated there is no difference in insurance rates for wood or metal playground equipment, which indicates that wood presents no more liabilities than its alternative, metal. 11.) Lastly, we have an opportunity to design and build a unique playground at Veterans Park that cannot be duplicated out of a catalog. I don't need to tell you what a renovated Veterans Park is going to mean to the citizens and downtown of our community. Everyone I talked to who had built a Robert Leathers Playground indicated that the playground drew people from miles around because of its uniqueness and attraction to families and children. " But more importantly, they all emphasized that the fundraising and the building of the playground had a tremendous influence on bringing the community together. Newtown, Connecticut reported over 1,000 volunteers; Sanibel, Florida - 600 volunteers; Orlando, '. . f I 3 . - Florida - 2,000 volunteers; and New Port Richey, Florida reported over 3,000 volunteers participated in fundraising and construction of their playground. The Charlotte County Chamber of Commerce has designated their Leadership Charlotte program to lead the drive to build a Robert Leathers Playground in Charlotte County to attract families from allover the county. The concern raised about wood is that it is unsafe because it is susceptible to rot and decay. The information I presented tonight shows that pressure treated wood as specified by Robert Leathers is an excellent building material for children's playgrounds. What better building material is there in a salt water environment than pressure treated wood? When we built our pavilion, gazebos and lifeguard towers at the. beach, we did not use metal that was susceptible to rust and salt water corrosion; we used pressure treated wood. When we built our piers at our City Marina, we did not use metal that was susceptible to rust and salt water corrosion; we used pressure treated wood. When we built our new boat docks at Veterans Park, we did not use metal; we used pressure treated wood. Now we have the opportunity to design and build a unique playground and we again should use pressure treated wood that will provide for an aesthetically pleasing, durable and strong playground for our children at Veterans Park. Thank you. Ref:lthrspre . '. ';1' " PARENlS Fat 'JIIE PARK c/o Carolyn Patton - 1020 Tamarind lGId RECEIVED Delray Beach, Flarirla 33483 1(()/~/r2-d,d (407) 276-0189 - CITY CLERK Oct. 26, :"992 Mrs. Allison Harty City Clerk City Hall Delray Beach, Florida 33444 Dear !'Iirs & Harty & On behalf of the above named organization, I would like to appeal the October 21st decision of the 8i te Plan Re~vie..\'lJaa.d.:Appearance Board regarding playground equipment in Veterans Park. The basis for our appeal is that SPRAB considered only the aesthetic nature of the equipment, so stating in their vote. Thus, none of the safety and liability issues were considered in their voting. Since June 1992, we have been submitting information to SPRAB and to city officials citing serious safety concerns with wooden equipment. Therefore, we would want the City Commission to consider all aspects of wooden equipment, and reverse the SPRAB decision, which, just on aesthetics, was a close J-2 vote. We ask that the City Commission hear this appeal. Si~'Ii~ Caro yn -&: atton ~ '. I'~ f' . I ~'" . -":":" - .- . . ~ . . l " By Richard Wolkomir , " \C - :- ~ A playful designer ~II i' who believes that ;~ the kids know best I- Bob Leathers' playgrounds are planned " with children's help: then the community Design Day, jack Elementary in Maine: kids clamor i raises money, begs, borrows-and builds for Bob's attention as he ponders their latest ideas. . I I I I I ! i A swarm of kids and 350 beaming adults stood on the Vernon's two new playgrounds, and of approximately ! i lawn of the Mount Vernon, Iowa, elementary school 250 others across the country, each the product of a I one bright Sunday evening last April. In unison, they 1980s variation on an American tradition: the com- I counted down: "... ten-nine-eight-seven...." munity barn raising. j At "zero," the kids whooped. And then, like Cru- From his o(fices in Ithaca, New York, Leathers goes . i saders storming the walls of jerusalem, they ran full johnny Appleseeding across the country, planting va- .' , I tilt onto their new playground, finished just ten min- cant lots and school yards, not with McIntoshes and ! ! utes before, a crenellated, turreted, ramped, bridged, Baldwins but with playgrounds concocted from piles ; cubbyholed and passagewayed complex of transmog. of donated lumber, nails and general flotsam, built by rified tires, salvaged telephone poles and lovingly brigades of volunteers. Visually, the playgrounds are sanded pine boards. stunning, perhaps because they are constructed, The children clambered up the playground's castle chiefly, of a rare intangible-community spirit. I turrets and they slid down and around a corkscrewing Leathers' playgrounds are designed, to a surprising j slide. They spelunked in tractor.tire caves, bounced extent, by the children who will use them. They : i across a rubber bridge, manned the steering wheels are funded, largely, by donations of money and mate- i (detached from junked cars) of the spaceship-clipper- rials from local citizens and businesses. And they are I I racer-whatever-you-want creation at the playground's constructed by hundreds of turned-on kids, moms, ! i : I center, and slid yelling down the fire poles, while the dads, teachers and neighbors, many of whom have I Mount Vernon High School "Wonder Band" oompah- never before wielded a hacksaw or even heard of a pahed. Mothers, Iathets, teachers and neighbors, who boom auger, which drills holes for telephone poles. had just finished sawing and nailing the playground "Kids are great, but what really gets me is the com- together, watched with extremely broad smiles. munity thing, maybe because I grew up as an o,nly In the middle of the uproar, powdered with saw- child in Bangor, Maine, maybe because I spent dust, ebullient as a new daddy about to pass out cigars, seventh grade alone at home paralyzed-only tempo- was Bob Leathers, a gray-mustachioed architect with a rarily, thank God-with polio, and certainly because fringe of shoulder-length graying hair, who wore bat- I'm a product of '60s communalism," says Leathers. tered Nike running shoes, jeans, a denim jacket, a As a child, when he wasn't helping at his father's frayed Israeli Army work hat, and a big, boyish grin. Bangor gas station, he was building tree house after Leathers-Central Casting's ideal raffish gunslinger tree house, some two or three stories high. with a troop with a golden heart-is the godfather of Mount of friends. "The woods are still the best playground , lOG t.'iIMI I ,J ..~--"' 1r ...-- ..--- L ". :t---"_ J '. .,...,..J_ _7 w ,.-.'-' , . _," _:~'.r~, ," - i "~', :'::;r/,,;~'C ,,~ .' , ,:..' . \ I". ,. ;,,/~: i,', . L I ~; ~~j I.': . . \ '. ,,'" ,~,' . , '~~ la.,~;~,. '_ ;' .,.....;::,.'_.:{;'..~,',. H..,:f'^ .:,(:i::> ' >"-'''~7 ' ;;it..;,';;LJ(;;:j '.,f,V __ r"""';']1 fO""'''f;n P';; (~ ,:j,-:,:' ll"" .... ~/~" ',; , -,J') , .. I' \ !'. .:A..;.;/" i. i' ::--....- (;~~ ~ ~, ~ LlI. . :;;) r~Jf' ~...... ~.:-:- ~'I ~ ,. <;.;r.I'.. .~'~':-' ~ , I '. r "f' " ,<., , . r .. -, "-. ---'-. .. t J" "1. ~. ......-'~ -,,' ..- ~_. ,-",",.,,<-' ,,: ;;; ..,-,-~:...o..:;.~-, """"". I. (II) " .- ~ - " .- _,C.;:;., .......' :',., , " .' _"..J'o-_....,...,-JLJ;;&., l"i.:~... <If' ~'"^...;;. - .... -"." 'I. ' ....,.......:- _ ~...~ ~ .. - - _, ~ _, -.~.____ '0',. _ ~, , ~ -'-';"..,.,~ ~ ~...-..;..~-..;...... ... . ',' ,- -. _'~ ....;' ...... , -,,._/~'1"_ ' ~ ~ ". ....~. ,- <_. -~ ~...... ~ -"...... . - ~ ,ro. '. '- .....J. ~-. ':_':'c"~ ..~~ .:J...._~ ~>:.' . ;- .:~ .'.. ..J . .r' .... ~~ '-==--"-_.,-~ ------.. ~ . ~- -'-- - , ' { . '- i:3:~rT~~~~~iit~~~~..""""'~~,~~~~~,:,~~-~~.~~ ~:~~ -~ ij' ~i. f" ": s. ~'~,' .;. -. . '~~,,~, c-_, ,,":(ff)... ..... i*'-.,_.......:..-..:"._~..;:!t ..t ~~":' .,...."''''.,.,~--< .", ~ .~._.. ; 1 . .. -- -_. , I ',- I" )~~, .., . , , r'f; f:i,.i " f, ,',:", '-,'" ' l. ' 0( I . '\ I '~'. i ~f . '{ I '~)I . ~ ~ .,. " ~'~ ....[.,."', t\ '-,""- , I \ -~;.> ... ,- _:. .... "~s,o <' , " ~.,..r:;.$, ' ,. ,,~,.' "'; i, i r'~' t':, ~ ~, t:, '\ '>:Ji' h . ~ " "."., r '.,~ ,~~ ' 'I ' i' ;". \ '-,~ ,;'. } t ,',., ,,""~,.' ,I ~. ,,! "~~'~'" 1':.1 ..,~: ;'::' ) ..<;~~;- , ' ,~" L"' - 't" .. ~~, . ~: . " , _.f"1$ . ': \ J i ' , I '.......' , .....:' ,w","":,, ' ~~, "\ ~ , 1 ......... Yi. ~. i ';:~'" ,,~;;-~~~':'1 ~.~.!. J ~. ~. 'j J ' ','" ,), ; f" , -.'.... - . . , I I. .' i' , '~f~~~.. ~ ~. (I, ' ~{ .,;" , , _' '. - '. ". ..r :~~?f' #~ :~:~ '<.' .. ;.. II . II ..... II "' . ',-'Ii ','., . . . there is," he says. And his mother remembers him at the beach, constructing intricate sand villages, from which other children were banned. "They had no reo spect," Leathers grumbles. After graduating from the Rhode Island School of Design in 1965, he joined a large Oregon architectural firm, designing office build. ings. He and his family lived in one of that era's flourishing cQmmunes, ~nd he spent his spare time de- l si'gning light'1nd-sound':'ha~penings" for rock groups. I , "I worked, at p. communI ty theater, which I con- tinued when my family and I mbved to Ithaca, but , I then I discovered tha~, for bringing a community to- gether, even better than theater is a real happening- a playground," he says, The discovery was serendipitous. In 1970, when his three older children were still tykes, he volunteered to Chosen'as emissary from her class at Jack, J aimie design an Ithaca school playground. Then other near- Hannaford, eight, takes her responsibilities seriously. by schools persuaded him to do the same for them. An admiring visitor wanted a playground for his Long Island community and that led to more requests even farther afield. Until 1981 the playgrounds were a nonprofit hobby for Leathers, who has all the e~ergy of a hyperactive ll-year-old. His wife says "he even sleeps at 100 miles per hour." Even so, at approximately 40 playgrounds a year, he has had to incorporate the projects into his regular architectural practice. Playgrounds now make up 40 percent of his firm's output. He charges less for them, however-his fees for designing, organizing and supervising the construction of a playground range " from $1,500 to $6,500. He still insistS on community effort, even for such unlikely clients as Ling-Ling and Hsing-Hsing, the pandas in Washington's National Zoo, for whom he re- Brainstorming in cafeteria, children consult with cently designed an outdoor play and exercise structure. their architect: A platform for break dancing? "In this case," he says, "hundreds of volunteers turned out to build something for these national treasures." Leathers "met" with his "clients," observed their antics, talked with their keepers, studied their natural environment and consulted with zoo experts. Then, in wood, he created a structure inspired by the ridges and ledges of the Chinese mountains where wild pan. das climb. A more typical playground project got under way at Jack Elementary School, in the Munjoy Hill area of Portland, Maine, One,sul1-ny Thursday morning last April. On this "Design Day:' Leathers-wearing his customary denims and a red T-shirt with a sketched playground captioned "We Built It Together"-sat at a cafeteria table, his pencil poised over the half-drawn plan for a playground. Sixteen wide-eyed kindergart- The author tried out, and survived, everything " All agog, preschool tots at Adams vie in presenting on playgrounds but tunnels ("undignified") and slides desires: "Spider web!" "Haunted house!" "Mermaid!" (Ua big regret-couldn't get near them for the kids"). 108 -- ~.."'" .....-.-.--~ .~--.._~~~ . ~ . - - ,- ' .' - ,- - .. .-' . - 1,,-.' " T . > . '. ,,~~-~~-;;!!j!: .- ';==.=~.--:~~; i \ Thursday 7 A.M., Mount Vernon: construction time, elementary school; some phone poles are in place. 1 ~ . ner~'crowded around him, hands raised and vibrating. Thursday, 6 P.M.: poles and posts all set, maze floor I "OK, now this playground is going to have a lot of (ccnter) is begun; at the right is a pyramid frame. bouncy bridges, and a big tower, and over here's a tunnel, and there are rings for you to swing on, and a . big dinosaur you can climb-anyone want anything I else?" Leathers asked. "A slide?" suggested a ~owhead, wearing a Celtics ~ sweat shirt. "OK, see this dinosaur's tail?" said Leathers, pencil darting at the plan. "That's going to be a bumpy slide that goes right into this cave full of. . . MONSTERS!" "A curvy slide?" asked a freckled redhead in green. "That's a good idea," said Leathers. "Let's see if we , can make this bumpy dinosaur-tail slide a curving I slide, too." His pencil darted and the dinosaur's tail acquired a dramatic curve. After the kindergartners' teacher led them away, a ~ class of first-graders crowded around the architect. "You know what's under this bridge?" he asked. "Vou know the three Billy Goats Gruff?" "A TROLU" clamored the children. "We're going to build this in Saturday, 8 A.M.: three-quarters of the platforms are four days," said Leathers, "and do you know who's finished, as are castle towers, made in prefab area. .. going to build it?" "WE AREI" the children cried. Meanwhile, school principal Cheryl Jensen showed a visitor the school's corridors, plastered with play- ground artifacts, from a drawing of smiling stick migrant neighborhood. was now ethnically mixed, the figures swinging hammers to playgrounds modeled in latest influx, young professionals and skilled workers clay and sheets of paper listing "our ideas." attracted by the cheap houses and vistas of Casco Bay. "This is Portland's inner city, and 91 percent of our Bob Leathers took the microphone and showed pupils come from low-income families," Jensen said. slides of some of his completed playgrounds. One man "For many of them, the school is the most stable thing worried that the playground soon would be vandal- in their lives. Many have never been on a bus, to the ized into rubble. "When the kids and the community , beach, or even out of the neighborhood-for them, build these projects themselves, the good feeling lasts," this playground could be a real enrichment." Leathers said, with a preacher's fervor. "We've put up That evening, 150 dubious parents filtered into these playgrounds in tough sections of New York City, " Jack Elementary's gymnasium for the kickoff meeting. and they're still doing fine." Attorney Ned Chester, the chief organizer, told a visi- By meeting's end, the audience had learned that tor that the area, in the late l800s an Irish-Italian im- two playgrounds-one at Jack and one at nearby 110 _.--=--...- "'-......-.-". --------- .. .---- -- --------.---- ~.....~ ____ -J... -_.~_.__. ~-:-_.._' -:":<.~- _ _ - ______ .__,,-_.--' ~.- '0___-. '. I I i that if they could raise .$5,000 it would be a lot. They raised more than $30,OOO!" Applause broke out and people began signing up for volunteer committees. Meanwhile, a thousand miles to the west, Mount ~'\R' ~S Vernon, Iowa-atop a hill, with a population of 3,500, 1",,"" , ~'_"_"""__",i; -".-,3:':0_ i ncl uding 1.100 studen ts at Cornell College-was ou t '. "''-"'"l'~~;r,'.i&,\"j.'I\*'~I\? ~ to prove that a community really could build its own superplayground. Leathers had blown in the previous September, staying with a local family to cut the community's costs. He had met with students, designed playgrounds for Washington Elementary School and Mount Vernon Middle School, whipped up enthusiasm and buzzed out of the nearby Cedar Rapids airport, leaving precise guidelines for committees to be formed, money to be raised, and materials and tools to be begged, borrowed or, only as a last resort, bought. Project coordinator Jackie Martin, a preschool teacher and author of children's books, and fellow volunteers found themselves responsible for making two commu- nity playgrounds happen. ''I'm from Meredith Willson's hometown, Mason Friday, 8 A.M.: decking for the castle is at left rear; City, Iowa, which he called River City in The Music railroad-tie edging, held fast by steel rods, is being laid. Man, and I couldn't help thinking that Bob Leathers is a lot like Professor Harold Hill in the musical, stir- ! ring up everyone in town," Superintendent of Schools Adrian Ringold pointed out. "Bob Leathers was such a dynamo," Carol Dillard added, "you could almost hear those 76 trombones!" Over the winter, Mount Vernon's playground en, i thusiasts dug in. "First we did 'Buy-a-Board,' with kids collecting qbpations for thl: playgrounds' wood, three dollars for each board-thdy raised more than S7,OOO," says Mrs. Dillard, a homemaker wh~ cochaired the all, I , j Sunday, 8 A.M.: tire "cubes" (right of maze) and bridge to castle are in; river gravel is being spread. I j Adams School-would cost more than $200,000 built i commercially. However, with volunteer labor, loaned tools and donated supplies, it would be about $S5,OOO. , They would be able to raise the money, Leathers as- sured them. "I wanted to keep costs down for a play- ground in Sodus, New York, where a lot of the people are very poor-migratory apple pickers-but they said, Monday, 6 A.M.: Voil{i! The finished playground has 'We don't want a second-rate playground.' I told them withstood Sunday evening onslaught by kids of all ages. 111 "- . ., -_.----~-, , , K ids' playgrounds-by kids important lund-raising committee. ("I went to the ini- tial meeting just to see what was going on and walked out the treasurer.") Her daughter Sarah, in grade three, alone sold 40 boards. One sunny October day, 35 kids gleaned a farmer's fields for unharvested corn, tossing two tons of ears into a pickup truck for sale to a grain elevator. Then there was the monster "garage sale" in a big auction hall, when Mount Vernon's citizens gathered to buy back the various castoffs they had previously donated, everything from water heaters to a pedigreed black-and-white rabbit, which went for nine dollars. The sale netted another $5,500. A Cornell social group raised about $300 collecting deposit cans and bottles. And there was a chicken dinner, raffies and a Rotary versus Lions basketball game, plus in- dividual and business donations. Suddenly it was spring and the playground committee found, to its astonishment, that it had raised $40,000. ~ A few months earlier, Mount Vernon's citizens had had a veritable civil war over the esthetics of a new !:\ spaceship-style water tower that now dominates the skyline. "We needed something healing, and this play. ;\'\ ground project was it," Carol Dillard explained. Wizards with money and equipment By April 23, when Leathers flew back with two assis- tants-Ernie Bayles and Barry Segal-Mount Vernon's playground activists, besides raising large sums, had, wizardlike, caused donated equipment to accumulate in magnificent heaps. Materials chairwoman Connie Boettcher ("This Is No Ordinary Housewife You're Dealing With," said the legend on her football jersey) stood on the Cedar Rapids wrecking company's trailer that served as her on-site headquarters, presiding over her hoard of carriage bolts, eyebolts, machine bolts, drill bits, sandpaper, duct tape, nuts, nails, washers and caulk donated by Beranek's True Value and the Mt. Vernon Farm & Home store. 'j She also commanded tubs of custom-cut washers sup- t plied by the Mt. Vernon Steel & Wire Co. for bolting together the 40 tractor tires, 100 semi tires, and 300 car tires that Connie, six other adult volunteers and ten kids had collected in Cedar Rapids in an all-day down- \ pour, hauling them home on a truck furnished by , ft ;.f' ',-. Wilkin Elevator of nearby Lisbon. Now a tractor do- "" ';, {, .': ,,' nated by a carpenter was scooping up sod from the $ -,. . " , playground site. Cedar Rapids' Plaza Paint had con. , ~'C~' ..., 4f'~~\ tributed gallons of paint, sealer. thinner and six cans '~ +.",' , ' ',+ "' :r .~-'.. 1;,..' , f;-~~.-, ,;.,>,/" of spray paint, which Barry Segal was using to color . code scores of embedded stakes indicating spots where the boom auger, on loan from Linn County Rural Elec- tric, should drill holes for the telephone poles, from Does double slide really work? Gleeful Don Swenson, Northwestern Bell, that would hold up the playground. 48, high school guidance counselor, tests to be sure. On Thursday-cloudy, windy and cold-a steady 112 '. '" I I Volunteers scramble to put finishing touches on wheels from junked cars, placed in "V's" of central the playground at Washington Elementary. Steering structure, will turn it into racer, rocket ship or clipper. ~ '. - - '. ....": .......: i'b1 ~' ~ i " Boards are drilled in prefab Third-grader Patrick Elliott scrubs semi Pyramid side is notched I area before being installed. tire. Later, it will be sealed for protection. to recess chain for swing. < . . "~ ~(' stream of volunteers was signing in at the registration Cornell College sophomore from Chicago, had two lt~ ~~,. . 'l\ tent. By now a forest of poles stuck up starkly from the blood blisters, a big sliver in one finger, and a sore i';"~ ground, evoking the aftermath of a forest fire. Stoically back from leaning over a sawhorse all day sanding, but ~ surveying this unpromising scene, a freckle-faced she was having a good time. "In Chicago I don't even '!. third-grader named Tim Jones said hopefully: "Well, know any of my neighbors," she said, bolting together '''~. it looks like a pretty good playground so far." tires with Tom Madson, the high school principal. I 'Work started in the mornings at 7 and usually con. Nobody knew exactly what the tires were for. Nobody tinued until about 10 at night, under lights. A car- knew why they were nailing what they were nailing, .. rlival atmosphere set in to the music of construction, or digging where they were digging. Only Barry Segal I ,\'ith several hundred hammers providing the percus- and Ernie Bayles knew, but they were too busy to ex- ;ion and circular saws screeching the tune. Connie plain. And so was Bob Leathers, racing between the Boettcher mashed her thumb and the doctor thought elementary school and middle school sites in a bor- :..- t was broken, but she was back quickly, handing out rowed jalopy with no muffler. But by Friday morning, , ools with one hand in a cast. Dorsey Chambers, a Leathers careened onto the site in a shiny new Ford, I I 113 I i: fu.~ ::' b .,;:.... : .;..~:::: ,U~:I,.tb- ~:..L I!. , ~ teacher, maintained contact via walkie-talkie with the two site supervisors and Bob Leathers. On Saturday, sunny and warm, 350 volunteers buzzed with news. Real estate agent Lee Niederhauser had told Roberta Ringold, the school superintendent's wife, that she had just sold a house to clients impressed by the playgrounds and the community's spirit. "I knew we could do it, but I didn't think we could do it this well," commented Stephanie Frantz, holding a hammer. "Did you know that a grandparent donated the oak tree that became the big beam to hold up that tire swing? And I've learned to use tools my husband said I never could." "I figure I'll use this playground lots." said Ebe Roettcher (p. 1(7). ''I'd say I'll use the castle the most, because it's going to be pretty huge." 1;111, blond Ed Bjork, an architectural hardware .. consultant, having finished work atop one of the castle's towers, took a shortcut and whizzed c1o\\'n a just-assembled slide. Resting from hammering, David Loa,bsack, a political science professor at the college, me'ihioned that he h~d been doing research on KenYf' "They have a kind of community barn rais, ing there, too, and they have a word for it-harambee," he said. "I've lived in Tokyo and Chicago, but I'll take this," said Don Typer, the retired president of Doane College in Nebraska. Iowa Department of Transporta- tion special investigator Kerry Kirkpatrick, who had developed a decided limp as the project progressed. Anne Halsey, II, intently practices for a contest said, "It hurts, but it hurts good." to see who can stay the longest on platform swing. And then it was Sunday evening, the community had counted down in unison, the kids had charged onto the completed playground, and the project was over. Long after dark, with children still rampaging which had been lent him by the local dealership. through the playground, after the celebratory potluck In fact, the jumble of posts and boards was taking supper, the standing ovation for Bob Leathers, Barry shape. At one end, to the astonishment of those who Segal and Ernie Bayles, and the presentations of me, had been working on it, a castle was rising. Bolted- mento T-shirts ("Mt. Vernon: One Hill of a Town"), together tires, now topped with wooden platforms, everybody stood around looking giddy and dazed. had become tipsy seats to ride. A corkscrew slide was Bob Leathers swung on a suspended tire. watchin~ half.assembled. And that conveyor belt was becoming the kids swarm over the playground and grinning be- a bouncy bridge between two platforms. atifically. "I'm already experiencing postplayground Hundreds of volunteers swarmed over the site, letdown," sighed attorney Dan-el MorL Tom Wilkin- wielding loaned tools. There were 100 extension cords, son, a foreman at Rockwell Graphics, had a cure. 300 hammers, six chain saws, two backhoes, a front- "I hear they're work ing on a project just 1 ike th is in end loader, 40 levels, 50 scrub brushes, 25 electric Portland, Maine," he said, watching his children drills, 30 rakes, 20 wood rasps, 12 belt sanders, four climbing the towers under the lights. jouncin~ across disk sanders, 45 circular saws, fiO sawhorses, 20 screw- the I"lIhher bridge and hanging from a horizontal drivers, 40 shovels. 35 framing squares, 15 combination ladder. "I think I may take my vacation up there next squares and eight wheelbarrows, not to mention autumn and give them a hand." socket wrenches, open end wrenches, electric impact wrenches, crescent wrenches, utility knives, torches, [. tin snips, tape measures, table saws, handsaws and I hacksaws. 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At Indian Harbour B~ach, volunteers toll to put finishing touches on a turreted fortress of mazes, bt:fdges and tunnel. Johnny Appleseed of the Swing Set corners/' says Leathers. "Playgrounds have to be tough because kids put them through such hard use." An architect travels the country building playgrounds I Leathers' genius for organization be- came apparent on the first day of con- "I s everybody ready out there?" came helped build a play area for his children's struction, when he roamed everywhere on the cry. Then the countdown: "Five! school in Ithaca, N.Y. That effort took 15 the site, calmly answering questions and . . . Four! . . . Three! . . . Two! . . . One!" weekends, but the community spirit en- giving advice. Teams of workers built the And a jubilant roar: "We did itl" In the gendered by the all-volunteer project ex- playground section by section, assembling I glow of a Florida sunset, a herd of scream- hilarated Leathers so much that he made the numbered pieces of wood as they i ing children stampeded into Indian Har- it a specialty of his practice. Today 'six of would a giant jigsaw puzzle. Age did not i bour Beach's just completed playground his associates work fulltime on designing seem a barrier: Henry Stiles, 71, a retired i last month and began scrambling over the and building playgrounds, which general- maintenance worker, dispensed the tools I I turreted fortress of mazes and bridges, ly go up in four or five days and cost any- collected by volunteers (including 15 i I I slides and ladders. tire tunnels and sand- where from $2.500 to $45,000, about one- rasps, 30 saws and 25 shovels), while a I I boxes. As the youngsters gamboled, third the usual price. gropp of first-graders sanded wood. Tiffa- I beaming parents and teachers stood along Before construction begins, Leathers ny Greenis, 8, carried trays of apples and I the periphery, exchanging handshakes holds a Design Day, when ~e meets with carrots to workers, while her mother and hugs. local residents to solicit their suggestions. LynI;1 picked up fresh skills. Said she: "I I All of you who are deep into mitten He especially invites children came out expecting to do a lit- o weather may envy those who are scam- to submit drawings and wish tie hammering and ended up I pering around a Florida playground lists; castles and mazes are using tools that 1 still have no i dressed in shorts and T shirts this time of among the most popular re- idea what they were." i year, but, after all, these folks earned it. quests. Leathers can be quite As the playground slowly i For five days, more than a hundred volun- obliging; he built a wooden took shape, the pace quick- I teers at Ocean Breeze Elementary School Alamo, equipped with an ar- ened. Sometimes bad weather sawed wood, dug holes, hammered nails madillo-shaped drawbridge, or ebbing enthusiasm can de- and tightened bolts. Come nightfall, they for a Dallas elementary school lay the work, but the Ocean f still toiled, aided by a fire truck's flood- and fashioned a crude tele- Breeze project was free of such lights. At the hub of the commotion, sag- phone system out of three- annoyances. By midafternoon ging tool belt at waist and diagrams in inch plastic piping for Ham- of the fifth day, Robert ! hand, was Architect Robert Leathers, 45, ilton, Va. Safety considera- Becker, 26, was delivering a t. the Johnny Appleseed of the swing set. tions, however, usually force final batch of sand in a bor- Over the past 15 years, Leathers has him to reject water slides, rowed backhoe, while Gary I helped thousands of volunteers erect underground tunnels, bike Craycroft, who had last hung ! nearly 350 playgrounds in 24 states, rang- racetracks and skateboard ramps. swings for his baby daughter Penny, now ! ing from pocket-size parks to a 1 ~-sq.-mi. At Ocean Breeze, requests for a castle put them up with her help. Said Penny, I recreation area, complete with a 600-seat and a space station were approved, but 14: "It's been neat. I'll never forget work- I amphitheater, in Romulus, N.Y. "The at- grownups nixed a plea for a haunted ing at night with the lights on." But ! I titude is what makes this work," says house lest it attract graffiti, After the dia- .Leathers is out to impress the adults as I I Leathers. "I love to see a whole family- grams were drawn up, community leaders much as their children. "They start out as a grandparent, a parent and a child- received from Leathers' firm spiral-bound cynics, but when the countdown begins, I out there working. They've never had manuals detailing exactly what lumber and the kids stream in, they start to cry," I I a chance to build something together and tools were needed. Some critics have he says. Leathers assures his clients that i f like this." voiced concern about the safety of volu'n- his playgrounds will last at least 25 years, I Leathers, whose boyhood passion for teer-built playgrounds, but Leathers in- but the memories are guaranteed for a 1 multistory treehouses led him to become sists only the best materials are used and lifetime. -By Anastasia Toufexls. I ! an architect, stumbled into the swing- the workers are strictly supervised. "One Reported by Sidney Urquhart/Ithaca and ! and-slide business in 1970, when he thing we have learned is that we can't cut Don Winbush/Indian Harbour Beach ! TIME, DECEMBER IS. 1986 91 I ! I, i ,.".."...,. ":.' ." ......~' ~.' .. _. .:. ..J,........ ,~..J>.... '.., -...... .....':"'H'._~.^.. .... .,.. . , . L4~U.. ~., ,,-:fr' . ..~. I . -'NO. ... .1'll:t:l!lilli/'IIINIIiK'l!l'P' ~'''''.. . , "I' . I . FAMILY PORTRAIT ~ II Y Il (J N :'i ,\ 11.\11 II I:'U;-; Making a Difference A community builds a playgrourui- in four days. ,. ; t ~ 've discovered that being a parent l doesn't start when the doctor hands . you that sqUlnnmg lIttle bundle with the squashed-in face. Uh no! Real par- enthood begins when you volunteer to bake cookies, wash cars. tote kids. and. well. you get the idea. A while back. I I became a "real parent." I sputted a notice in our local paper that (lied out to me, i i the beaming new parent: \'OLUNTEEHS I - ~ l SO(:(;IIT OUT FOI~ C()~l~lIjNITY.lIlJILT ~i f.t l'I.AY( ;IWUNIJ. ~IEET AT TOWN IIALL NEXT , Tlll;I<SIJAY. I I Here's my chance to get this parenting ! business off to a good start. I thought. I could certainly help put together a few lie\\' s wings and slides. Sure .no problem. At that first meeting, one of the proj- ect coordinators. J super-organized "bad" parent would \\';Jlk out now, I I based architect. Robert Leathers. type-you know, the kind of woman who decided. In my sturmed state I joined the I Leathers has designed more than 3()() arranges her spice rack alphabetically- public relations cormniltee. Utiler com- I children's play spaces all over the world. quickly outlined the project. No fooling mittees formed, too: volunteer recruit- He even created a climbing structure for around; tilis was serious business. She ment. children's materials. child care. I the pandas at the National Zoo in Wash- wasn't talking about replacing some old tools. foremen, fund-raising. graphic I ington. D.C. I equipment. Her ideas were more on the arts. and (everyone's favorite) food, i Leathers. who charges a minimal fee. line of a mini-Disneyland. lalk about Mis- I pro\'ides the desi~ and supervision. Ilis , sion Impossible! We had a year to Remember the playgrounds yuu i users' manual. a rather fat. three-ring ! scrounge up lots of cash. round up 1.200 knew as a kid? You probably ran I binder, is full of complete, step-by-step. volunteer builders, beg and borrow tools amok on the swings, sliJes. and. I realistic su~gestions. gleaned from his and other equipment (including mysteri- maybe a seesaw. all nicely rooted in an experience on hundreds of projects. It , ous things like boom augers, used to dig I asphalt surjace. It didn't exactly spark ~ets you from design day, when Leathers holes for telephone poles). and buy or the im<1J...'ination and almost ;Jlways ,gt)Jr- I puts together his first sketches frolT1the I solicit all the lumber. bolts. tires, chains, anteed scraped knees. In the late J9Ws. kids' sug~estiol\s. to cOl\structiol\ week- , and other materials needed to build an a few architects decided that play- end. the frenzied four and a half days ! over-iS,OOO-square-foot playground. grounds should be more than places to when the playground finally goes up. And Oh, and by the way, we'd build this play- bum off excess energy. The\' en\isioned it includes the all-important issue of long- ground in just about four days. "adventure playgrounds" ;ll1d created tenn maintenance. I surreptitiously glanced around the fantasy envirormlents. For example, a I Leathers designs playgrounds for chil- room and was relieved to see that every- play space i:. Texas features a maze oj dren GIld parents that provide ior ~ one was pretty Ilabbergasted. "\Vhoa!" I wooden CllnllJUlg structures that encour- safety without sacrificing fun. His multi- L. thought. "Did I walk into the wrong ages children to explore difierent routes level wooden structures. with their sig- t meeting!" But before I had a chance to through the play~ound. ,-\:Jother piJ\'- nature mazes and turrets, feature It slip out the door, the coordinator pulled ground is made oi nothing but old tues. interconnecting tunnels. ramps. bridges. i out the big guns. a slide show oj abso- For our project we chose to di:mce to ladders, overhead rings. sliding pole:;;, lutely beautiful playgrounds built by the tune of J designer knm'.ll :15 the pi:1\" slides, tire swings, and balance beams. i other towns. That did it. Unly a really ground "I':ed I'lpel": [lh;!~,1. \cw Yurk- which enCOUf:Jge active and imal-,Iinative , I f S S r (; :11; - - .......;., sr.,' T r. \1 1\ r. [( I"'" ! . ~ '. . (~~~N-rSiGUfDE1 FAMILY PORTRAIT play. There are also quiet spots for read- , I ',"bile moms and dads were swinRing ing or just daydreaming. I I hammers. the tots whooped it up at the I Althuugh a Leathers' playground has \ \ day-care center. We oifered child care an unmistakable stvle, we found out how I he children were daily from 8 a.m. to 8 p.m. Children unique each of his designs is when he vis- I enjoyed indoor and outdoor play areas. ited us on design day. At dawn. coffee I consulted every step of quiet spaces, a movie room. and live per- cups in hand. committee "!embers met \ formances-a puppet show. a maRic with Leathers at the site ot our old play- i workshop. sing-alongs-courtesy of ;''Tound. For the rest of the day. we tried ! the u'ay. local entertainers. Given the child-care to match Leathers' lightning-speed pace i shortage in our area. many parents as he sketched his way through our grade I begged us to make the care permanent. 1 schools. As Leathers swiftly sketched I On the second day of construction. I the children's ,suggestions. which ! sign-up sheets. One member of my com- fmally had time to slip out of my PR role included dragons, train statiuns, and I mittee took care of issuing monthly press and into jeans for some "real" work. 1 mazes, a playground began to take releases to newsletters of various orga- picked up a hammer and drove my first sh.ape. nizations: Chw'dl group~, the PTA, day- nail. Unfortwlately, my hand blistered The children's input didn't end on care centers, seniur-citizen groups, quickly. but a Red Cross volunteer. on design day. They were consulted every arts-and-crafts organizations, garden site all five days, patched me up. step of the way. Mter all. tl1.is was to be i clubs, and youth groups. \Ve announced Four and a half days after we started their playground. A children's committee all events in our local. neighboring, and construction. we had a playgwund. ,\lId advised the core committee, mailed regional papers. Our local cable station what a playground! We built six slides, tl1aI1k-you notes to donors. marched in a gladly taped and broadcast our fwld-rais- including a spiral one (my husband's pride parade, put together their own ncwspa- ing events.A high-school art student reg- and joy), a dragon. a train station, a p.~r. and buried a time capsule. On con- I ularly redecorated a local merchant's rocket ship, a fire fighters' pole. swing. , struction weekend. toddlers washed window. We even built a float for our ing balance beams (my pride and joy). pic- tires and sanded wood while older kids I community's annual Patriots' Day nic tables, and trash bins-all put I worked alongside their parents. I parade. And we handed out fliers at all together by a bunch of rookies, and all As we finalized tlle plans. we set our public events. I guess we made a nui- from scratch. budget at $60,000. That amount seemed sance of ourselves, but it worked. Since that day, volunteers called "The incredible, but it would cost us three Friends of the Playground" have handled times that if we didn't build it ourselves. I L ast year. just as school ended. con- the rigorous upkeep program. So far. struction began. From my bed- maintenance has been routine. Many of I .athers suggested conduct;ng as room, only a block from the site, I the volunteer builders regularly check : manv small fund-raising events as heard the drone of bulldozers at dawn. out their "spot" -the comer they ham- L:!I pos;ible. That way the word would By the time I got a cup ot coffee and mered or the ramp they bolted. rm no get out to more people. So that was what ambled over to the grounds, the place longer stunned to see people stroll we did. The money came in so slowly- was alive with volunteers and heavy through the play area and pick up stray but come in it did-in permy, nickel, and equipment. We had recruited 1,200 vol- litter. Everyone does it. dime amounts from kids and thousand- unteers-Marines, Girl Scouts. grand- After a year of hard, sometimes doUar checks from corporations. Fund- parents, carpenters, electricians, exasperating (but fun) work, some raisers included Tupperware parties: moms, and dads. Many of the town's committee members experienced T-shirt, toy, children's clothing, and bal- ci...ic organizations and businesses sent post-playground depression. I saw loon sales: and a benefitata local cinema. their employees to pitch in. Some people something in the paper the other day . The kids coUected pennies and tried to stayed for a few hours: some worked all about sprucing up the rest rooms in the cover a gym floor with them. Besides day and into the night. park. Let's see. . . my daughter is soon to these smaller money-raisers. we did try No matter how long people stayed. be potty trained. If anyone comes up With one big event: Our auction, which raised they were entitled to free meals and free a slide show of attractive community- , more than $10.000 alone. featured a bas- child care. The breakiasts. lunches, and built rest rooms. ru be hooked. ketball signed by the Boston Ceitics. dinners for the entire construction period As public relations chairman. my task were donated. One evening, a local res- Donna Hamson is a markehng wnlu and was to get the word out to raise the taurant doled out 600 chicken dinners. nwlher of two. Jivi1l/{ in uxington. Massachu- money and recruit the volunteers. i\lost For breakfast. a iarm stand donated seNs. Family Portrall is a regular column oi our PR was directed at schools. 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FLORIDA (j) II\NOV-\TION GROUP June 16, 1992 Joe Weldon Director of Parks & Recreation City of Delray Beach 100 NW First Ave Delray Beach, FL 33444 Dear Joe: Thank you for your inquiry concerning a comparison of metal or wooden playground equipment. It was suggested that plastic playground equipment was also an alternative. There was no consensus among the people whom I contacted. The variety of response is as follows: * Clearwater, FL. Lou Dacey, Recreational Facilities Supervisor, (813 ) 462-6563. Although metal playground is more difficult to construct, Lou prefers it over wooden equipment which tend s to rot at ground level. Vandalism is not as much of a problem with metal as it is with wood. And if you include installation money in your budget, the liability for accidents due to poor construction stays with the contractor. * Tampa, FL. Frank Ruis, Project Planning Coordinator, (813) 931-2630. The preference here is for wood, usually redwood or pressure-treated yellow pine. The reason given for preferring wood is that if the metal is not galvanized it will rust. To prevent wood rot, concrete footers are used. Plastic is not used because it is so susceptible to vandalism. * Panama City, FL. Mr. Goodwin, (904) 872-3095. Their only experience has been with metal and plastic' equipment. * Jacksonville, FL. Eddie Hill, Superintendent of Park Serv ices, (904) 630-3556. For long range service, metal is preferred. Wood usually has a ten-year warranty, and the costs are not that different. Their choice of metal or wood depends on location, using wood where metal might corrode as at t;he beach, or wood in a wooded area to blend with the surroundings. They prefer to contract out installation because the liability then stays with the contractor. 6604 Harney RCXJd. Suite L PO Box 16645 Tampa. Florida 33687-6645 RECEIVED JUN 1 8 1992 813-622'8484 Fox 813-664'0051 " * Deerfield Beach, FL. Jan Muenzenmaier, (305) 480-'- 4200. " Their experience with wood and metal has brought them back to selecting metal for playground equipment. It lasts longer and is available in a selection of bright colors which is usually more attractive to children. Their preference, however, is plastic which is available in swing sets, gyms, merry-go-rounds, and whirls. The drawback on plastic to them is the cost. * Boca Raton, FL. Joe Cogley, Superintendent of Parks, (407 ) 395-7813. Wooden playground equipment requires more maintenance than metal requires: sanding, preservative, etc. Metal may be too hot for play in some areas. Again location dictates which is used where. Plastic is used because of the 70 year wearability. However, it can cost three times as much and you have to be careful about design because of its structural strength. I hope this information is helpful to you. If we can be of further assistance, please do not hesitate to call. Sincerely ,4~e{ Sandra Peek '. . SEP-18-1992 12:53 FROM Dt--IR q~P BLRS TO 64LZ17243377.:.1 F'.Ol ~w1oll Clul" Govel1lOl' Jilll Slllilll FLORIDA DEPARTMENT OF NATIJRAL RESOURCES Stadary el Stale s.b BIIUfnrorth IlWjorJ StoMIwl Douglas Building Atlonley GtDtf'll :A.l 3900 Commonwealth Boulevud GtRld (nit 1'aIIahasMe, Florida 32399 SI&le Co~1er 'YIfPIa .. WtUterell ~ DIItdlIIr r.. GaJladau Stair tt-unr September 18, 1992 Bob CnwMd CoaImbeioMr of A,crielltlzl"t Betty Castor ~r of EdlC.ttiOll Mr. Joe Weldon Director of Recreation -~-. . Delr~y Beach , Florida Dear Joe, I would like to provide the following information based on your request regarding wood preservatives. There have been many questions asked about the health hazard of wooden playground equipment that has been treated with ChroJllated copper Arsenate CCCA). A study conducted by the Consumer Product Safety Commission concludes that manufactures of wood playground equipment have the technology to treat products with CCA so that dislodgeable arsenic is below detectable levels. This study was conducted by the Health Sciences staff of the Consumer Product Safety Commission to estimate the risk of skin cancer from dislodqeable arsenic on pressure treated wood playground equipment. Arsenic has been associated with human skin cancer when Chronically ingested. The wood preservative used in most of the u.s. wood playground equipment is chromated copper arsenate (CCA). CPSC field staff conducted the tests using cotlUllercially treated wood products containing CCA. The results of the field tests clearly indicate HBGLIGIBLB RISX. The test results indicate the use of CCA on wood treated playground equipment is acceptable. I would suggest that before purchasing any wood products treated with CCA the manufacture provide you with documentation that their product has been appropriately treated and is safe. If I may be of additional assistance, please write to the letterhead address, mail station #595 or call me at (904) 498-7996. ~Y't, . avid B. Harding, Consul a t Bureau of Local Recreati Services Division of Recreation and Parks ~ __IM~ Law w.-.t IIariDt I-.cta ~ lIld Pub ~Ma~~t Sb1.e l.L~~ , October 8, 1992 Mr. Joe Weldon Director City of Dekay Parks & Recreation Department 50 NW 1 st Avenue Del ray Beach, FL 33483 VETERAN'S PARK Project No. 90573.04 Dear Mr. Weldon: After a visit and inspection of the wood structure play equipment. I would like to enthusiastically endorse the program for Veteran's Park, The design would not only enhance the park but also is an exciting individual statement. In addition, we find that this wooden play structure has a good record for safety and therefore has our full support. Sincerely, CURRIE SCHNEIDER ASSOCIATES AlA, PA _A-'- -3- .._~.- j obert G. Currie, AlA rlncipal tts/RGC doc\S73'fllayeqmt.573 o' '. ' ;1 ~, . . -. Robert s. Leathers and Associates...Architects PC 1/3 April 1991 PRESSURE-TREATED LUMBER The lumber used in Leathers' playgrounds is treated with CCA (chromated copper arsenate) to inhibit deterioration of the wood. Concerns are occasionally raised about the safety of treated wood for playground use. We are continually monitoring the research of health department officials, En~ironmental Protection Agency (EPA), Consumer Product Safety Commission (CPSC) officials, and representatives of the wood preservative industry. All these groups and more have researched this issue, and all information to date concludes that this lumber is safe for playground use. The following are answers to some of the most commonly asked questions about pressure-treated wood: What type of wood is used to build leathers' playgrounds? We specify dense select structural southern yellow pine, pressure treated with CCA-B or CCA-C to a retention level of .40 IbsJcu. ft. It must meet AWPB standard LP-22, be free of visible surface deposits, and redried after treatment to a maximum moisture content of 19%. The treatment chemicals shall be oxide (not salt) based. The treater must be licensed by either Hickson Corporation (Wolmanized) or Osmose. This wood differs from that found in typical lumber yards in several ways. First, it will have little or no wane (bark) on the edges and all knots will be small and tight. Defects in the surface of the wood, such as these, create places for the treatment chemical to pool or collect. By specifying clean, smooth boards we reduce and virtually eliminate this problem. Second, typically wood is shipped to lumber yards right out of the treatment vat. It is heavy, "wer with water and chemical. The chemical becomes bonded or fixed to the wood as it dries. By specifying wood that has been re-dried after treatment, we ensure that this fixation process has occurred before we use it to build a play structure. Is pressure-treated wood harmful to the children who use the playground? The children's exposure to arsenic is negligible. Arsenic is a naturally occurring trace element. It is in the air we breathe, the water we drink and the food we eat. The average daily consumption of arsenic by humans in food and water in the United States is 80 micrograms (USDA, p. XV). Arsenic from lumber is not absorbed through the skin, nor does the lumber give off any vapors. In 1990 the Consumer Product Saiet)'Commission produced a study on CCA wood used in playgrounds. They developed a standard test method to detect arsenic residue on the wood. Five out of the seven samples collected by CPSC from playground manufacturers had arsenic levels below their detectable limit of 6.3 ug/100 cm2 (micrograms per hundred square centimeters). The highest skin cancer risk estimate that could be applied to these samples was less than one per million (CPSC, p. 69). We tested existing Leathers' playgrounds following the new CPSC procedures and in all cases found levels below 0.8 ug/100 cm2, far below CPSC's detectable limit. Is pressure-treated wood harmful to the volunteer construction workers? A study in Hawaii comparee a group of carpenters who used pressure-treated wood extensively to a group with limited exposure. The study concluded that exposure to dust from arsenically treated wood is not associated with increased risk (USDA, p. 124). Volunteers who work on the playground have drastically less . exposure than a full-time carpenter. Further, tests on our wood during construction showed arsenic levels of 2.8 ug/1oo cm2 before sealing. This a far below the detectable limit of 6.3 ug/100 cm2 in the CPSC study. 99 Eastlake Road, Ithaca, New York, 14850 (607) 277-1650 '. Robert S. Leathers and Associates...Architects PC 2/3 Why is the wood sealed during construction? Even though we have found only very low levels of arsenic on the raw lumber, we apply a wood sealer to our structures. Though this is primarily intended to keep the wood from checking and splitting, it also places a thin film of waxes and resins between the children and any possible arsenic residue. Although the CPSC and the California Department of Health Services studies disagree about the value of wood sealers, our experience has always shown the sealer to be effective in reducing the already low levels of residue. The sealer we specify is a linseed oil based product, and it meets CARB air pollution regulations with no more than 350 grams per liter of volatile organic compounds. Are' splinters or slivers a problem with this wood? Wood is an excellent construction material, it is easily obtained, lightweight yet strong,.and has a richness of feel and appearance. Nonetheless, splinters, natural defects in the wood, can pose a problem. Our experience has been that these problems can virtually be eliminated by using the best wood available, construction techniques that minimize splinters, and regular maintenance. The quality of the lumbers has already been discussed. This lumber, however, will be processed further during construction to alleviate splinters. The edges of each board will be rounded with a router. This greatly reduces the splinters commonly found along the edge. All items will be power sanded and hand sanded to eliminate sharp or rough areas that may cause sliver problems. Finally, as previously mentioned, the lumber will be sealed to reduce the checking and splitting which would occur if the wood were allowed to dry excessively. To keep the wood in sound, splinter-free condition it should be sanded and re-sealed yearly. Extensive information is provided on this and other maintenance procedures in our Long-Term Care Packet. Why not use naturally resistent woods? Failure due to termite damage or rot has been documented in cedar and redwood as early as seven years after installation. For these woods, in contact with the ground, an average life of ten years is assumed. For above-ground use, an average life of fifteen years is assumed for these species (USDA, p. 339). Compared to treated southern pine, western cedar costs 73 percent more, and redwood costs 90 percent more (USDA, p. 340). Further, insect-resistant redwood and cedar are decreasing in availability (CDHS, p. 30), and environmentalists are becoming increasingly concerned about logging these old-growth forests. Wood treated to our specifications with CCA is guaranteed for 40 or more years against rot or insect damage. Southern Yellow Pine is also much more dense than cedar or redwood which gives the screws used to build the structure significantly more holding power, and inhibits wear in the wood. What about using other less toxic preservatives? There are less toxic preservatives such as Niedox-1 0, copper-B, and copper napthenate. These substances, however, have not been proven to have long-term effectiveness in preventing wood decay. Further, the health significance of exposure to napthenates has not been as thoroughly tested as CCA (CDHS, p.31). We will continue to research alternative preservatives but, to date, no other options are more valid than the use of CCA. 99 Eastlake Road, Ithaca, New York, 14850 (607) 277-1650 '. ,,' . , , , , Robert s. Leathers and Associates... ArchitectS3RC Why not build the playgrounds out of plastic or metal? We are currently testing plastic wood made from recycled jugs and containers. This "wood" has very poor structural properties, burns readily, and its ability to withstand the harsh northern or extreme southern climates is still not proven. We will continue to monitor progress in creating better plastic wood products, but to date these are not a viable alternative to treated wood. Due to potential exposure to chemicals, the California study looked at the option of banning all wood playground equipment and using only metal or plastic. They state, "This radical action is unnecessary, particularly when there are steps that can be taken to mitigate exposure to the chemical preservatives. There is some evidence that metal equipment may pose a higher injury risk than wooden equipment." (CDHS, p. 30.) We hope this information has been helpful. If you have any further questions or concerns, please contact our office at any time. Sources: CDHS -- California Department of Health Services. February 1987. "Report to the Legislature - Evaluation of Hazards Posed by the Use of Wood Preservatives on Playground Equipment. " CPSC -- Consumer Product Safety Commission. August 1990. "Project on Playground Equipment - Transmittal of Estimate of Risk of Skin Cancer from Dislodgeable Arsenic on Pressure Treated Wood Playground Equipment." USDA -- United States Department of Agriculture. December 1981. "The Biological and Economic Assessment of: Pentachlorophenol, Inorganic Arsenicals, Creosote, Volume 11." , . 99 Eastlake Road, Ithaca, New Yark, 14850 (607) 277-1650 .. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [L-Jv'/ SUBJECT: AGENDA ITEM # CJC - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 46-92 DATE: OCTOBER 23, 1992 This item involves an ordinance rezoning and placing land presently zoned PC (Planned Commercial) district in the GC (General Commercial) district; said land being located at the southeast corner of Linton Boulevard and S.W. 10th Avenue (western portion of Linton International Plaza). At a continuation of the public hearing at the special meeting of October 20th, concerns were raised with respect to internal traffic patterns and the potential effect of the Checkers Restaurant on traffic flow wi thin Linton International Plaza. On a 4-1 vote (Dr. Alperin dissenting), the Commission closed the public hearing, deferred final action to October 27th, and requested additional information from the applicant in terms of a traffic impact study. This report will be made to the Commission at the regular meeting. The proposed rezoning is to accommodate a free-standing 766 square foot drive-thru and walk-up Checkers Restaurant. Restaurants are allowed as a permitted use within the PC zone district. However, within the PC zone district, the minimum square footage for a free-standing building is 6,000 square feet. As there are no minimum square footage requirements for restaurants in the GC zone district, rezoning is requested. At their September 21st meeting the Planning and Zoning Board recommended approval of the rezoning by a 6-1 vote. At first reading, Mr. Mouw moved for adoption of Ordinance 46-92, seconded by Mr. Randolph; upon roll call the motion passed on a 3-2 vote (Dr. Alperin and Mr. Andrews dissenting). Recommend approval of Ordinance No. 46-92 on second and final reading. {jp&U<<f!- sdl/ (~~ ~) . , " . /" :-=~1 C I T Y COM MIS S ION DOC U MEN TAT ION HARDEN, CITY MANAGER _\.;~0J-~><:W U uQ c: L- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 13, 1992 SECOND READING, ORDINANCE REZONING FROM PC TO GC.... (CHECKERS) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of this rezoning ordinance on second reading. SUPPLEMENTAL INFORMATION: At first reading, this ordinance was approved on a 3-2 vote after discussion ensued regarding policy implications pertaining to out-parcel development and strip commercial development. Both of these items were considered by the Planning and Zoning Board, whichJ on a 6-1 vote, made findings - based upon the specifics of this situation - that the requested rezoning was not inconsistent with the Comprehensive Plan. Factors which were considered in making that determination included: - that there was no change in ingress/egress to the shopping center; - that there will be architectural consistency between proposed development and the existing center; - that the new development will follow the same pattern of other structures in the shopping center i.e. will not be a typical outparcel. Given that the Planning and Zoning Board carefully considered the above information and, by a 6-1, vote recommended approval, if the City Commission fails to approve the rezoning, specific policy direction should be provided. DJK/CCCHECK.DOC . - ORDINANCE NO. 46-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICTl SAID LAND BEING A PORTION OF TRACT "A", LINTON INTERNATIONAL PLAZA PLAT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"1 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the GC (General Commercial) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: A portion of Tract "A", Laver's International Plaza Plat 2, according to the plat thereof as recorded in Plat Book 51, Page 3 of the Public Records of Palm Beach County, Florida, said portion of land being more particularly described as follows: Begin at the southwest corner of said Tract "A", thence N 020 21'45" W along the Easterly right-Of-way line of S.W. 10th Avenue for a distance of 203.38 feet to a POintl thence N 42037'22" E for a distance of 35.35 feet to a POintl thence N 87036'28" E along the southerly right-of-way line of Linton Boulevard for a distance of 81.14 feet to a POintl thence S 02021'45" E for a distance of 231.79 feet to a point on the south line of said Tract "A" ; thence along the southerly line of Tract "A", S890 27'25" W for a distance of 106.19 feet to the Point of Beginning. The above-described parcel contains 0.553 acres of land, more or less. The subject property is located at the southeast corner of Linton Boulevard and S.W. 10th Avenue, Delray Beach, Florida. II ii Section 2. That the Planning Director of said City shall, upon il the effective date of this ordinance, change the Zoning District Map of Ii the City of Delray Beach, Florida, to conform with the provisions of :1 Section 1 hereof. !i Section 3. That all ordinances or parts of ordinances in 'I 'i conflict herewith be, and the same are hereby repealed. I: d iI Section 4. That should any section or provision of this il ordinance or any portion thereof, any paragraph, sentence or word be :1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. . I . . PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992 . MAY 0 R ATTEST: City Clerk First Reading Second Reading >, 'I il I: I , I I I . . 1LJ (lJ c..u LU ~ LLJ LW .. u. ,.. S... 1 OTM iT~rr, S.W. 1 O~ STREET I IIIIJ IlJlI I I ~T!-I/ II ~. ~~I = g. I I. ~- I: l ,I ~ ~F ~ I~_ _ 1. #/ r I , /.'11 = = ~ I I 00'1 - ~ II III If II IIIU- ( III I ~ ~l III ~ ~ I I _ -= ~ I - _ ..., 1- ,.. I IIIITIIIIU It ",. - - I J I '1/ I ~/, r7 j """"'.., - - 7 f I I I I II I-lilT ~ ,. A ~ WALLACE. WALLACE I I 1 11 I F ~ I I fir TT FOlD MISSAN I I~ ~~ ~ LINTON BOULEVARD - ~ 1, uf ~MAnONAL CITCUIT ROSS. / ___ COSTeo C~ ~ J ~ I'. , ~~ ) l LAVE" , II TAIGrT HOITH "Ill l .. ,I_ ) N I ~ J' · >>) \\! LINTON INTERNATIONAL PLAZA ~ ~\\ ---J CHECKERS RESTAURANT -------.- , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM tt 'lD - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 36-92 - J DATE: OCTOBER 23, 1992 Final action was deferred on this item until such time as the subject property was acquired by the City. This has now been accomplished. The ordinance rezones land presently zoned R-1A (Single Family Residential) district in the CF (Community Facilities) district. The property 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. 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 homesj 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. R-1A zoning does not permit the proposed usej therefore, the City initiated this rezoning. The Planning and Zoning Board at their August 20th special meeting held a public hearing and recommended approval of the rezoning. Recommend approval of Ordinance No. 36-92. faooui If -- 0 - J . li . ~ 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 ~HE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delr~y Seach, Florida, is hereby rezoned and placed in the (Community Facilities) District as defined in Chapter Four of the ~and 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 I Street. ! I The above described parcels contain 1.9 acres of land, ,I 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 ordinance or any portion thereof, any paragraph, sentence or word be '1 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 I I . . - W I II I I II I I .. . . -.:w. J. n. - p " Ll t--- t--- I ~ I--- ~ I-- r !~ ~ I-- i II t--- I-- ~ II ---- ..- ..---- ~ r-- - - f-- 00 - - f-- '- - - I I rr - I - -..- ..... De ST. - - ~ i_ \ "--- "'--- \~ ! e I ! .. "'--- 'I-- ~ ~ ~ ~ cln HALl. . - ~ .. ~ ! I - L-- C - ,r- - L. -~ i eowwuNln I ~ - i elHTtIl I... -I" .~, I II.&. - -- - . Ii OLD - SCHO<<. - . SQUAll ~ 88 - III III il . - ... rI J . ~ ; ~ . OIIJ][] r- DID: == II III ATLANTIC AVENur -- I '1111 ploue. SOUlM [[JJJ [[[0 UIDTI rrrrrn IT STA TICIII COUNn I JUDICIAL. ClNTrl Fa I r- ~~ . I I I j I I-- I I .......... ~ - ~ I i--- ," IT. I. L 1. = I I " " I "" ITIJ]] III ! I ..: ~ - - ~ DELRA Y BEACH - .. I ..~ - .,..... , l- " I TENNIS CENTRE ~ ..... -REZONINGS- ........ - sr. ~ I II III II I I - ~J .. - a ~ j J "-- 1 I , " . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ff 9. D.I - MEETING OF OCTOBER 27. 1992 CONDITIONAL USE APPROVAL/TENNIS CENTER-STADIUM DATE: OCTOBER 23, 1992 This item was deferred along with the rezoning request in order to permit staff to acquire the property affected by this conditional use application. This is 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 intensitiesj 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 offsite 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. . . - .. 01\ ~ C I T Y COM MI S S ION DOC U MEN TAT ION TO: GVID T. HARDEN, CITY MANAGER THRU: ~~~VbTOR c;,!.ARTMENT !;JF. PLAIlJIING AND ZONING FROM: PA~~PLAIlIlER 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 seata 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' . 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. . "1 - 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 LOR 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 ., PLANNjNG & LUf~jf~l:A tjUAHU CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: Au~ust 20, 1992 AGENDA ITEM: II. B. ITEM: Conditional Use Request for Sitin~ of a Tennis Stadium Upon City Owned Land, ExistinR Municipal Tennis Complex ~II II Ie I I t' E . . I - 1m MIl. . '-- . --.- . - - - . - - .~ - I. - - - 1 II = IT 1:: I ~ ~ - .- - I ~ ,.. .. 1==1 - - ] . - - I: ml I; - I. I~ TIn mr I I I: II I 11Ji/l II I III "L"'" ,,""1 ,.j IIIIIlIIIIIJ I lLJ r II I r IHII .... = [[[]] [[[]] ITIIIIl mrrn rID ~lIJJJ .- =- t::I-I u I . .. . I I" .. . I :Ir GENERAL DATA: Owner........................ .City of Delray Beach, Florida Location......................Northwest corner of NW 1st Avenue and Atlantic Avenue. Property Siz..................a.2J Acres City Land Us. 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: OSSKAD South: CF West: R-IA 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 Servlce.................Existing 8" sanitary sewer main In NW Jrd Avenue, existing a" main runs through the site, and an existing a" sanitary sewer II. B. main in ~ft 1st Street. . . .. .' j MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L9rv1 SUBJECT: AGENDA ITEM i q K, I - MEETING OF OCTOBER 13 , 1992 CONDITIONAL USE APPROVAL/TENNIS STADIUM DATE: October 9, 1992 At the September 8th regular meeting, the Commission was asked to consider a conditional use to establish a Tennis Stadium as a part of the Municipal Tennis facilities, At that time final action was continued to the October 13th meeting in order to provide staff additional time to acquire the property in question prior to finalization of the rezoning and conditional use actions. As a hearing date of October 30, 1992 has been set for eminent domain proceedings, it is appropriate to continue this ordinance to a future meeting date. Recommend continuation of final action on conditional use approval until a future date certain. j}~ & ID/;;27/9'd- ., . , : f)~ & /o/13/9d. 5-0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ'r1 SUBJECT: AGENDA ITEM # 10. F. I - 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 sea1;.s 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, off site 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 offsite 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. . . . . 01\ ~ ! C I T Y COM MIS S ION DOC U MEN TAT ION TO: C;VID T. HARDEN, CITY MANAGER THRU: ~~~VbTOR Df!ARTMENT OF, PLANNING AND ZONING iw.€~ 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 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' . 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 & LUI\JU'Jl:i tjUAHU CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: August 20 , 1992 AGENDA ITEM: II.B. rrEM: Conditional Use Request for Siting of a Tennis Stadium Upon City Owned Land, Existing Municipal Tennis Complex .-J lL I I I[ ~ I r.: r:: I-em IIAU. - /:. ~ I :- _ 4- - - - - '--- II I II I r= T IL I~ c:" ~ & .. - I-J - = = - :_ ~ I 1= I I i= I, 1111 I mID I I:; " " III n'll I "L"'" "1"1 IIIIIII1IIIJ lLJ I II I II III =:. := om om []ll]] ITIIIJ] TH7 J fllI] I' . t:::]--; I Ii -- I . II . I I II ... . l:;;:::n ~ 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 'I and Residential - Low Density (0-5 d.u./acre). Existing Zoning...............R-IA (Single Family Residential) and CF (Community Facilities) Proposed Zoninq...............CF Adjacent Zoning........North: R-1A and CF East: OSSMAn 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.........Community Tennis Center. Water Service... .... ..........Existing 2" water main in NW 3rd 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 E FOR E THE BOA R D: The action before the Board is that of making a recommendation on a Conditional Use request to establish a "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 September 2, 1992. B A C K G R 0 U N D: 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 dur ing 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 i8 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 II. This redevelopment area is a corridor along Atlantic Avenue eastward of 1- 9 5 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. Gi ven 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. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. ., '.11 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) corning 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 1,350 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 reconunended 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 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. 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(E)(5) (Conditional Use Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in 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 - Obiective 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. (c5) 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 existing 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 for Conditional Use Actions): Pursuant to Section 2.4.5(E)(5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by R-1A 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 Lighting: 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 LOR Compl iance) . 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 must 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 LOR 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: '. 1.11 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, Delray Square, and Congress Park. Delray 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 identified 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 "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 0 f 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 14 ' 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 Agency: 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 maximi ze 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 ION S: A. Continue with direction. B. Recommend approval of the Conditional Use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(0)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request based upon a failure to make positive findings. S T A F F R E COM MEN 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 '. '.If' . . I I --- -~--- -- -.-.---------------.----- -::::-:..;.=-~ -- ! A TLANTIC A VEN UE ,.' I I .- - -... Cl ___.._. I ,/ :U .. 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I I m rnnrnnn ~ CIID ~ =;:: ATLAMTIC AVENUE ..... In poweE SO'-lTH []]]] OJ]] DIIJ]J]]] rn STATION COUNTY JUDICIAL CEHTEI c r-- ~. ~ I I.. I c ;:::::: Oil 1- == ... == ~ I ~ .....-- ~ :...-.. - = 1fT fT. ---.., S. L 1ST ~ ~ I r rr ITJJID ~ ~ ! ~ I~ I . - ---- . Q l~ I . .. I ..! .. DELRAY R BEACH I~ 11 1 1 , ~ TENNIS CENTRE ,~ ... " INtl ST. I ~ I )' 1 I . T II 1 ~ .. ..l Ii . ~ ~ oJ I ~ I .I J . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfJf1 SUBJECT: AGENDA ITEM :It 9E - MEETING OF OCTOBER 27. 1992 PARKING PROGRAM/VIRGINIA SLIMS TENNIS TOURNAMENT DATE: OCTOBER 23, 1992 This item is before you to approve the parking program for the Virginia Slims Tennis Tournament. The parking program was developed through consensus with Liddum International, Downtown Development Authority, Community Redevelopment Agency, Atlantic Avenue Association, Chamber of Commerce, and the Delray Merchants Association. There is a requirement to provide 750 reserved parking spaces within walking distance to the stadium and an additional 2,250 parking spaces for general admission spectators. To accommodate reserved parking, lots at the Tennis Center, Community Center, City Hall, Cason Cottage, County Shopping Center, Banker's Row, Cason Methodist Church and Mount Olive Baptist Church will be used. General admission ticket holders will be provided parking at Lake Ida Park and Congress Park/Congress Park South. Written agreements will be obtained from the private property owners and Palm Beach County following approval of this parking program. The Planning and Zoning Board at their October 19th meeting recommended approval. A detailed staff report is attached as backup. material for this item. Recommend approval of the Parking Program for the Virginia Slims Tennis Tournament. . . ',r , \ . (1/) C I T Y COM MIS S ION DOC U MEN TAT ION ........---....... TO: ( .. I DAYS T~ HARDE~, CITY MANAGER _..,~"uJ~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 27, 1992 APPROVAL OF THE PARKING PROGRAM FOR THE VIRGINIA SLIMS TENNIS TOURNAMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the proposed parking program for the Virginia Slims Tennis Tournament. The requirement for this plan is two-fold. First having such a plan is a requirement of the contract between the City and Liddum International. Second, it is in fulfillment of a condition of the Municipal Tennis Stadium land use approval. BACKGROUND: Attached is a copy of the parking program which will be followed in accommodating the attendees of the Virginia Slims Tennis Tournament in March, 1993. The parking program was developed through a consensus building exercise involving Liddum International and those municipal functions which are involved with, and responsible for, parking, traffic, and compliance with terms of the contract between Liddum International and the City. The program was then presented at the combined meeting of the DDA, CRA, MA, and Chamber of Commerce. It was also presented at a meeting of the Delray Merchants Association ( DMA) . Thereafter, it was placed on a Planning and Zoning Board agenda for further evaluation, input, and action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of October 19, 1992, and has forwarded it with a recommendation of approval. .. City Commission Documentation Virginia Slims Tennis Tournament Parking Program Page 2 RECOMMENDED ACTION: By motion, accept and approve the proposed parking program as meeting the requirements of the Conditional Use for stadium events. Attachment: * P&Z Staff Report & Documentation of October 19, 1992 DJK/CCPKGSM.DOC '. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: OCTOBER 19, 1992 AGENDA ITEM: V.A. /' /' ITEM BEFORE THE BOAR~: The item before the Board is that of the PARKING PROGRAM for the Virginia Slims Tennis Tournament. BACKGROUND: A conditional use for the development of a tennis stadium at the City municipal tennis center was recommended for approval by the Planning and Zoning Board on August 20, 1992. This recommended approval was subject to the provision of an acceptable parking program for stadium events. In addition, the agreement with the Virginia Slims Tennis Tournament required that the City provide 3,000 parking spaces. The parking program is attached. ANALYSIS: Thfs parking program has been developed by City staff with the input of the Tournament sponsors. There is a requirement for the provision of 750 reserved parking spaces within walking distance to the stadium. The parking program shows the location of over 800 reserved parking spaces. In addition, 2,250 parking spaces for general admission spectators are to be provided. These are to be provided in two remote parking facilities. These two remote locations (Lake Ida Park and Congress Park) can accommodate over 2,400 spaces. These reserved and remote facilities satisfy the Tournament agreement requirements for parking. This parking program outlines the use of three private parking facilities. These parking facilities include the Congress Park remote parking site, Greater Mount Olive Missionary Baptist Church and Cason Methodist Church. The City has received initial permission to use these facilities for Tournament parking. Written use agreements will be obtained following approval of this parking program. In addition, the parking program proposes to use two County properties. These County properties are the Lake Ida Park remote parking site and the shopping center site at SW 1 Street/SW 1 Avenue. Initial discussions with the County indicate that these will be available for Tournament parking use. l/.R. ., . This parking program, as proposed for this Tournament, can be adjusted as appropriate for other uses of the stadium. REVIEW BY OTHERS: This Tournament parking program was presented to a joint DDA, CRA, AAA, and Chamber of Commerce meetJng on Monday, October 5, 1992. This group was receptive to the parking program. RECOMMENDED ACTION: By motion, accept and recommend approval to the City Commission for the Tournament Parking Program as meeting the requirements of the conditional use for stadium events. Attachments: * Tournament Parking Program Report prepared by: Greg Luttrell, Traffic Engineer Reviewed by DJK on: 10/15/92 T:\ADVANCED\SLIMPZ '. VIRGINIA SLIMS TENNIS TOURNAMENT - PARKING PROGRAM - /' CITY OF DELRAY BEACH, FLORIDA "r' I N T ROD U C T ION The Virginia Slims of Florida is an annual tennis tournament held the end of February and the beginning of March for a total of 10 days. Tickets are being sold for seven days of the Tournament, March 1-7, 1993. This parking program addresses operations only for these seven days. Tournament play is held throughout this period during the afternoon and evening hours with tickets for each session being issued separately. Attendance at these sessions varies during the week depending on the specific matches taking place, but generally full capacity is achieved during evening and weekend play. The City of Delray Beach has signed a contract with the organizers of this Tournament in which the city has agreed to expand the existing Tennis Center at the corner of West Atlantic and NW 1 Avenues to include a tournament configuration. As part of this contract, the City is responsible for identi fying the RESERVED parking areas for the players, officials, media, volunteers, boxholders and GENERAL parking areas for general admission ticket holders such that all patrons of the Tournament can access the site in a reasonable manner. The conditions of the contract require that 750 reserved spaces be provided within walking distance (1,500 feet) of the facility. General purpose parking spaces can be handled either through local parking facilities or through the use of satellite facilities with shuttles carrying people to and from the Tournament site. Tournament match play occurs with both day and night competition. DAYS Sessions Beqin Attendance Weekdays 11:00 AM and 6:30 PM 50 - 80 , Saturday 1:00 PM and 6:30 PM 100 , Sunday 2:00 PM 100 , The gates open one hour prior to the day session start time dur i ng the week. On saturday and Sunday, the gates will open two hours prior to the first session. October 19, 1992 DRAFT PAGE 1 '. . This report outlines the requirements of the parking program as agreed by the City, and the means by which this program will operate. The first section of this program report examines the reserved parking supply. This section identifies the required 750 reserved parking spaces. The specific ~roup to be assign~d to each reserved facility is identified. Information is included concerning the characteristics of eac!1 facility. A total of 814+ reserved parking spaces are identified in the report. This section ends with a discussion of where City Hall employees are to park during the event. The next section of the program report identifies parking areas for general admission spectators. The City is required to identify 2250 such spaces. This section presents information for two satellite parking facilities and includes the transportation needs for people shuttling back and forth to these remote sites. This section includes a summary of the downtown parking which will be available as an alternative to the remote parking areas. The final section deals with the parking and traffic operations aspects of the Tournament parking program. This section covers items identified by City Departments and the Tournament sponsors during development of this program. These concerns are summarized and recommended actions outlined. The day and the evening operation of the event will lead to the parking spaces turning over between these sessions. This leads to a potential for many vehicles to be leaving the tournament parking areas while others arrive and attempt to find a parking space before the matches begin. Information provided by the Tournament sponsors indicate that approximately fifteen percent of the spectators attend both day and night sessions, some of who remain at the Tournament site. This reduces this vehicle turnover at the parking areas; however, the magnitude of parking activities dictate that a formal parking program be provided. October 19, 1992 DRAFT PAGE 2 , RESERVED PARKING Reserved parking spaces are needed for five groups of people. ~ These groups are VIP's, Tournament staff, the media, Tournament ---- volunteers and the boxholders. The parking agreement between the city and Tournament sponsors call for a total of 750 reserved parking spaces. The use of these spaces has been broken down as follows: PARKING SPACES RESERVED FOR 75 VIP Parking 50 Tournament Staff 60 Media 65 Volunteers 500 Boxholders 750 TOTAL These spaces are all required to be within walking distance (1500 feet) of the Tournament site. Parking facilities are proposed for each of these specific groups. The facility locations are shown on the Reserved Parking Area figure. Site sketches have been prepared for all parking areas where grass parking is proposed. Sketches for those parking areas not provided in this section are included at the end of the report. o TOTAL RESERVED PARKING SPACES REQUIRED 750 o TOTAL RESERVED PARKING SPACES PROVIDED 806+ VIP'S SPACES REQUIRED 75 PROVIDED 98 This group includes the players, coaches, sponsors and other dignitaries. This group also includes those persons purchasing tickets for the handicap seats. Due to the nature of those using this parking, it is to be the closest to the Tournament site. These people will be directed to the parking areas by way of pre-event notification from the sponsor. Personnel will be required at the entrance to each of these VIP parking lots to control vehicle entry. VIP parking is proposed to be located in two lots. The first is the parking lot adjacent to the tennis center (lot no. 1 on the Reserved Parking Areas figure) on West Atlantic Avenue. This lot will have 72 total spaces; however, 20 spaces are required for television transmission equipment and vehicles. The remaining 52 spaces will be reserved for VIP use only. October 19, 1992 DRAFT PAGE 3 . /1 '-... RESERVED H.L 4TH ST. PARKING AREAS ~ i OJ ~ ~ ~ rfr e I S I I LOT NUMBER ~ NAME: ~ ~ Ilf 101 / ~ Z Z X /' 1. TENNIS CENTER MoW. llUJ ST. -VIP PARKING 52 SPACES ~ I@- w ~ 2. COMMUNITY CENTER ~ .. -VIP PARKINC 4' SPAcr$ ~ nIl H.W. 2ND z sr. I 3. CITY HALL 1 -BOX HOLDER PARKINC 114 SPACES D w I z ~ ;1 H .. IT :Pl I 4. CASON COTTAGE dl -"'[DIA PARKING .5. SPActS z =liI ~I H.W. 'ST ST. .. ~ T 5. COUNTY SHOPPING CENTER ~ ~ , -TOURNAMENT STAFF PARKING 52+ SPACES SITE 1 hf 1 , 6. BANKER'S ROW 1111 II III ArlAtcTIC A , I -UEDIA PARKING 29 SPACES L Q)- i I 7. CASON METHODIST CHURCH 3 , -BOX HOLDER PARKING 342 SPACES I I ! 8. tafT. OUVE BAPTIST CHURCH SoW. 'ST ST. ... -TOURNAMENT VOLUNTEER PARKING 12.1 SPACES .... ; z ~ 0 I .. I I z - I ~ ~ I 2ND ST. M TOTAL: 862 SPACES I.W. ~ ~ ~ ~ ~ I ~ I e I I ti ~ I I .. I ~ ~ Ii Ii ~ J I ~ we we LEGEND: <IIJ) RESERVED PARKING AREAS , N @ TEMPORARY CITY EMPLOYEE ...-- PARKING AREA CITY OF DEWY BEACH. FLORIDA I PLANNINC DEPARn.tENT .,.or TO SCALI -- -~ --------. . '.'1 The second VIP lot is adjacent to the Community Center (lot no. 2) on NW 1 Avenue. This lot contains 46 parking spaces and will be reserved for both VIP's and handicapped seat ticket holders~ Handicap access to this lot will be via a pass issued with the purchase of each handicap seat and not by way of a state issued handicap parking permit. /" /" TOURNAMENT STAFF SPACES REQUIRED 50 PROVIDED 52+ This group includes employees of the sponsor and Tournament. These people usually park for the entire day. There is a need for providing 50 parking spaces for this group. The staff parking is proposed for the County shopping center property (lot no. 5) at the corner of SW 1 Avenue and SW 1 Street. This property currently has 52 paved parking spaces and will likely have additional unpaved spaces by the Tournament dates. All these spaces will be reserved for the Tournament staff. The Tournament staff will be directed to this parking area by way of advanced notification to be provided by the sponsor. A parking person may be required at the entrance to this facility to control vehicle entry to only those authorized; however, the person may not be required for the entire day. MEDIA SPACES REQUIRED 60 PROVIDED 65 This group consists of those personnel involved with the media coverage for the Tournament. These people arrive before the matches begin and usually remain until after play is complete for the day. The media is proposed to use one of two parking lots. The media personnel will be directed to their parking areas via advanced assignment to a particular lot. Parking personnel may be required to control access to these lots prior to the event; but, due to the all day parking characteristics of this group, they may not be needed throughout the event. The first area is the Cason Cottage parking lot (lot no. 4). This lot is to be completed in December, 1992. This lot will contain 41 car parking spaces and 2 bus spaces. Converting the bus parking to 4 regular spaces and keeping the nine front spaces in reserve for use by Cason Cottage, allows the media to use 36 total spaces in this lot. The second media parking area is to be the Bankers Row parking lot (map no. 6). The CRA has assured the City (letter from Chris Brown, Executive Director, to City Manager dated September October 19, 1992 DRAFT PAGE 5 . 18, 1992) that this lot will be available by the end of February, 1993 and will therefore be available for Tournament use. There will be 29 spaces in this lot. All of these will be reserved for the media. VOLUNTEERS SPACES REQUIRED 65 ../ ../ PROVIDED 65 Tournament volunteers act as ushers, player service personnel, and other voluntary jobs related to the operations of the Tournament. These people will stay for varying amounts of time. Mount Olive Baptist Church (lot no. 8) is located approximately three blocks west of the Tournament site. This facility contains 121 paved parking spaces of which 65 will be needed. Some of these spaces are in a fenced lot. No site lighting is provided. Pedestrian access to and from the Stadium would be south on NW 4 Avenue to West Atlantic Avenue, then east. Coordination for the use of this parking with the Church will be required. BOXHOLDERS SPACES REQUIRED 500 PROVIDED 526+ The boxholders spaces are the largest part of the reserved parking needed for the Tournament. These spaces will likely turn over for each session. Boxholders will be informed in advance of the Tournament dates of the locations of their parking areas and the route to them. The boxholder lots will be filled one at a time. This route will be via West Atlantic Avenue to NW 5 Avenue, north to NW 2 Street, and then east. A volunteer should be stationed at the intersection of West Atlantic Avenue and West 5 Avenue to guide these boxholders north. parking personnel will be required to direct vehicles and control entry into the boxholder parking lots. The boxholders are proposed to be placed in one of two parking facilities with an additional overflow area available. The first boxholder parking area to be filled is the City Hall parking lot (map no. 3). This lot contains 224 paved spaces of which 184 will be available for Tournament use during the week. Forty spaces are being held for use by City Hall customers and City vehicles. The entire 224 will be available for the weekend sessions. This lot will be filled via the driveways off NW 2 Street. The next parking area for boxholders is at Cason Methodist Church ( lot no. 7). This area can accommodate parking for 385 vehicles. The parking will be accessed from a driveway just to the west of NW 1 Avenue. There are 146 paved spaces at this site. Of these, 43 will be held for the use by the Church. The October 19, 1992 DRAFT PAGE 6 . . remaining 103 paved and all grass spaces will be reserved for boxholder use. Coordination with the Church for the use of this property will be needed. The people parking at Cason Methodist church will walk to the Tournament site by way of NW 1 Avenue. Two physical ~ ...-- improvements are needed to this route to facilitate this pedestrian travel. The first is the provision of a sidewalk along the west side of the street from NW 2 Street north past NW 3 Street. The second is the upgrading of street lighting along NW 1 Avenue north of NW 3 Street. The City is responsible for making both of these improvements. These two sites (City Hall and Cason Methodist Church) accommodate all required boxholder parking. OVERFLOW Should an overflow demand occur for Reserved parking spaces, there is an area in the City Attorney Block which has been identified as reserved overflow parking. This area is located inside the fence adjacent to NW 1 Avenue. This area can accommodate c:t least 30 vehicles and will only be used if needed. CITY HALL EMPLOYEES' The use of a majority of the City Hall parking lot for reserved Tournament parking requires that City Hall employees park off-site for the week of March 1-7, 1993. It is proposed that this temporary employee parking occur within the City Attorney block. The area proposed for use lies within the perimeter fencing and north of the paved area. This area will accommodate 110 unpaved spaces. Based on employee vehicle counts taken at Ci ty Hall, this should be adequate. Surface stabilization is needed and has been estimated to cost $xxxx - $xxxx by the Assistant City Engineer. /",\,...+-,",~oY' '0 , 00., TYe) ~ '!:''T' p~~,!:, '7 '. GENERAL PAR KIN G General admission ticket holder parking will be provided for 2,250 vehicles. This comprises the remainder of the required 3,000 total parking spaces. This parking can be acCommodated i~' a number of ways. Based on discussions by the coordinating commi t tee the following two primary remote parking areas have been identified. In addition, downtown parking will act as an alternative for those who are aware of the downtown parking areas. Both general parking areas will require use of a shuttle system for transporting people to and from the Tournament site. The following scenario for providing general parking is recommended. All required general parking (2,250 spaces) will be provided at remote locations operated by the Tournament sponsor. The primary remote parking facility will be Lake Ida Park which will be prepared for the parking of 1,400+ vehicles. At such time as this lot nears capacity (1,000 - 1,200 parked cars) a decision will be made relative to opening the second remote parking facility. The second facility will be at the Congress Park development. Congress Park will be prepared for 1,000+ spaces. This scenario allows flexibility in accommodating all of the required general parking and also optimizes the use of parking resources. Each of these two remote parking facilities are discussed below. LAKE IDA PARI< 1400+ SPACES This is a County park located north of Lake Ida Road east of the Interstate. The park is bounded by the Interstate to the west and Lake Ida to the north and east and Lake Ida Road to the south. The park can accommodate 1290+ grass parking spaces along with existing paved spaces for a total of over 1400. Coordination for the use of this Park for parking purposes would be with Palm Beach County. This facility has one driveway onto Lake Ida Road which provides control of access. Site security would be needed throughout the operation of this parking area. The driveway onto Lake Ida Road would require police traffic control. Currently, no lighting exists in these parking areas. It should be provided by the City for both visibility and security needs. Stabilization of the grass parking areas will not be necessary. Mowing may be needed depending on the condition of the ground cover. The City Parks Department has estimated that one day would be needed to perform this mowing activity if necessary. Spectators using this site would be transported to and from the Tournament site by shuttle bus. The rear parking area could be October 19, 1992 DRAFT PAGE 8 " serviced by one shuttle stop. This stop location is adjacent to the rest room facility and on a paved surface large enough to hold the 2-6 shuttles which will be loading or unloading at one time. This area also provides a turn around for the shuttles and is within 1,000 feet of all of the rear parking spaces. The following table indicates the resulting time required to move approximately 3400 people from this parking area based on ..--- ..--- -- varying numbers of shuttles. ======================================================== NO OF TIME BETWEEN SERVICE SHUTTLES: SHUTTLES: TIMES: Lake Ida Park 25 48 sec 1 hr 20 60 see 1 hr 16 min 15 80 see 1 hr .41 min 10 120 see 2 hr 32 min ======================================================== The number of shuttles used will be based on what is considered an acceptable service time. Routing for the Lake Ida Park shuttles will be via Lake Ida Road, NW 10 Avenue, NW 2 Street and NW 1 Avenue going to the stadium. The return route will be by way of westbound West Atlantic Avenue. The routing of shuttles may be altered during the Tournament based on actual traffic conditions. Shuttles are the responsibility of the Tournament sponsor. CONGRESS PARKI CONGRESS PARK SOUTH 1000 SPACES This is a private development located on the west side of congress Avenue between Atlantic Avenue and SW 10 Street. This property is bounded by Congress Avenue, the Municipal Golf Course and a Shopping Center. It is only partially developed, but, the road system has been constructed and much of the site grading has been done. A sketch of the development is attached. Coordination for use of this property will be with the owner. This site fronts on Congress Avenue and has three driveways. Access for Tournament parking would be via one of these driveways. The rest of the development could be isolated from the Tournament parking areas with barricades. The center drive would be used for Tournament parking simplifying traffic control, security and routing to the parking areas. Currently, no lighting exists in these parking areas. It should be provided for both visibility and security needs. Areas within this development will need to be reserved for use of the businesses on site. Also, some locations are not easily converted into parking areas. The recommended general parking scenario calls for the provision of 1,000 spaces at the site. These spaces are being recommended to be placed in areas F, M and O. These three areas can accommodate the necessary number October 19, 1992 DRAFT PAGE 9 . of cars, are located adjacent to one another and are accessed via the same roadway. Only mowing will be needed as surface preparation for the two grass areas (M and 0). spectators using this parking area will be transported to and from the Tournament site via a shuttJe bus system. The shuttle /" stop will be on the road near area~. Providing shuttle service for this facility is the responsibility of the Tournament sponsors. The following table indicates service times to move approximately 2,550 people from or to this remote parking area based on varying numbers of busses used. ======================================================== NO OF TIME BETWEEN SERVICE SHUTTLES: SHUTTLES: TIMES: Congress Park I 20 60 see 57 min Congress Park 15 80 see 1 hr 16 min South 10 120 sec 1 hr 53 min ======================================================== The determination of total number of shuttles used will depend on what is an acceptable service time. Routing recommended for the Congress Park shuttles to the stadium will be via Congress Avenue, West Atlantic Avenue, NW 5 Avenue, NW 2 Street and NW 1 Avenue. The return trip to Congress Park will be by way of West Atlantic Avenue and Congress Avenue. Actual shuttle routes may be altered based on traffic conditions during the Tournament. n,...t-nnl'>1'" ,Q, ,QQ? nRAFT PAGE 10 ., . PAR KIN G & T R A F FIe OPE RAT ION S Coordination for the operations of this parking program will be necessary between all parties involved. The items discussed in this section ar~'thosethat have been raised during coordination efforts. This section attempts to describe the concerns raised and offer recommended actions. PARKING FACILITY COORDINATION Some of the parking areas identified earlier in this report are not under the direct control of the City or Tournament sponsors. Written agreements will be needed prior to their use for designated parking. The City is responsible, by agreement, to provide all required parking (3,000 spaces) . To provide a single point of contact for these coordinating actions, it is proposed that all actions relative to the obtaining of permission to use non-City properties be coordinated through the City Manager's office with the Tournament sponsors actually negotiating these agreements. The following properties require coordination actions. 0 Cason Methodist Church - To be used for reserved boxholder parking. In addition to obtaining permission for use, information relative to the timing of site construction at the Church should be obtained to determine if it will impact parking operations. Contact with the Church trustees has been made by City staff. 0 Lake Ida Park - County park des igna ted as a possible general parking area. Contact with Palm Beach County has been made by the City Manager and City staff. 0 Congress Parkl Congress Park South - One of the proposed remote parking facilities. Initial contact with the owner was made on September 30, 1992 by City staff. 0 County shopping center property - To be used for reserved Tournament staff parking. Contact with Palm Beach County has been made by both the CRA and City Manager. 0 Mount Olive Baptist Church - One of the possible locations for Tournament staff parking. The City should require that a written letter of authorization be provided by each of the above property owners prior to use for Tournament parking. October 19, 1992 DRAFT PAGE 11 '. ;11 . TRAFFIC SIGNING FOR PARKING AREA(S) People attending the Tournament will arrive from all directions; however, it is likely that a majority will use 1-95. Tournament traffic will be directed to exit the Interstate at West Atlantic /' Avenue. People using the reserved parking areas will be directed east and all others will be directed west. Advanced signing on the Interstate will be valuable in directing these motorists to the desired exit. It is recommended that the City obtain permission to place temporary directional signs on the Interstate. These signs will inform drivers that parking for the Tournament should be access via West Atlantic Avenue. These signs should be placed for both north and southbound traffic (ie: north of the Woolbright Boulevard exit and south of the Linton Boulevard exit). These signs would most likely be of the variable message type displaying the message "TENNIS TOURNAMENT TRAFFIC/USE ATLANTIC AVENUE" . Permits for these signs must be obtained from FDOT and will be facilitated by the City. Coordination of delivery and payment for these signs will be by the City. Once off the Interstate, drivers will be directed by way of traffic directional signs. These signs will be placed in advance of each signalized intersection and will indicate the direction Tournament spectators should travel (left, right, or straight). Sign legends. will state "TOURNAMENT PARKING" with a directional arrow. Reserved (boxholder) parking direct:ional signs will also be provided. The message on these will be "BOXHOLDER PARKING" with a directional arrow. All responsibility for these signs lies with the City. Additional parking directional signs will be needed for those travelling into the downtown area. These signs will be similar to those described above and will be placed along West Atlantic Avenue prior to each signalized intersection from West 10 Avenue to Swinton Avenue and south to SE 1 Street. Permitting for these signs and fabrication, placement and removal will be by the City. Signing for Tournament parking will be needed on other roads entering the City. The placement of these sings will be done by the City. Advanced notification of the location of parking areas and preferred routes should be provided by the Tou~nament sponsors prior to the event. This should include such items as Interstate exit number, Turnpike exit, major roadways in the City and suggested routes to the parking areas. October 19, 1992 DRAFT PAGE 12 . TRAFFIC CONTROL The movement of all of the spectators and support personnel for the Tournament will require special police control of traffic at certain locations. These locations include the entrance to the remote parking areas (Lake Ida Park and Congress Park) . This police "traffic control will facilitates the smooth flow of .,r' vehicles into and out of the facility. Near the Tournament site, the likely concentrations of vehicle and pedestrian traffic will necessitate direct police traffic control at the following intersections. - Swinton Avenue at Atlantic Avenue - North 1st Street at Swinton Avenue - West Atlantic Avenue at West l~ Avenue - West Atlantic Avenue at 1-95 At the signalized intersections, the City will coordinate with the County to have police buttons installed in the signal controller cabinets to allow the officers to control traffic movements by way of the traffic signal. At least two additional police for traffic and crowd control will be required on NW 1 Avenue to control the shuttle stop area. SHUTTLE STOP - NW 1 Avenue The shuttles which transport spectators to and from the stadium will use NW 1 Avenue as the loading and unloading area. The street has an extra lane along the west side currently used for turn lanes. This area will function as a shuttle bay in which the shuttles can stop while people load or unload. This area extends north from the Tennis Center driveway and can accommodate 4-6 shuttles. If this area down not exist at the time of the Tournament, the southbound travel lane could be blocked to vehicular traffic except for the shuttles. Using this allows the people to access the sidewalk along NW 1 Avenue to and from the Tournament main gate. INCIDENT MANAGEMENT The movement of thousands of vehicles for each session will create congestion. Should an accident occur, further delays to traffic flows will occur. It may be beneficial for there to be a towing service on stand-by during times near the start and end of each Tournament session. This towing service, in coordination with the Police Department can assure that accidents are cleared from the travelways as quickly as possible. October 19, 1992 DRAFT PAGE 13 '. "'I CBD TRAFFIC ROUTING Traffic impacts on the Central Business District are recommended to be addressed with the following actions. First, parking directional signs will be used to guide drivers to SE 1 street and then east. Other parking signs will inform motorists of the public lots downtown. To facilitate this movement of traffic ,/'. the eastbound lane of East Atlantic Avenue from Swinton Avenue to East 5th Avenue will be closed. This closure also provides a clear roadway for use by a downtown trolley. Barricades and traffic control for these items will be the responsibility of the city and downtown agencies. DOWNTOWN TROLLEY Tournament spectators may interact with the downtown through the potential use of a downtown trolley. Two separate types of trolleys could operate. The first would run along East Atlantic Avenue from Tournament site to Federal Highway. This shuttle trolley would serve to transport people between the downtown parking areas and the Tournament site. The second trolley would serve the expanded CBD area. This trolley could serve restaurants f rom the Tournament site to AlA. The restaurant trolley stops could be located at those restaurants sponsoring the trolley. The CRA has indicated support for downtown trolley activities in a letter from Chris Brown, Executive Director, dated September 18, 1992. The concept of available transportation to and from both parking opportunities and businesses downtown would encourage Tournament spectators to interact with downtown while not at the Tournament. Trolley operations should be frequent enough to be convenient (maximum 15 minute headway) and remain affordable (ideally free) to obtain highest utilization. TRAFFIC OPERATIONS - West Atlantic Avenue The traffic study prepared by the Consultant assessing the Tournament traffic impacts, indicated that there is a need for three travel lanes both east and west on Atlantic Avenue (SR 806) from Swinton Avenue to 1-95. To accomplish this, parking will be restricted through the week of the tournament. The City will be responsible for obtaining the necessary permission for this from the FOOT. This parking restriction will also require the installation of temporary 'NO PARKING' signs and specific police enforcement to include the towing of illegally parked vehicles both of which will be handled by the City. October 19, 1992 DRAFT PAGE 14 '. . PARKING OPERATIONS - Downtown Time Limits Currently many parking areas in downtown are regulated with parking time limits. It is recommended that for the week of the Tournament, these parking limits not be enforced, and, these /- parking time lJmit signs be covered. To allow some turnover of downtown spaces during the Tournament, those on East Atlantic Avenue will remain with 2 hour time limits. October 19, 1992 DRAFT PAGE 15 '. " :1 EITY DF DElRRY HEREH CITY ATTORNEY'S OFFICE 2i10 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 4(17/2784755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: October 23, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Delta Petroleum, et al. v. City of Delray Beach Our File #05-92.008 This case involves Delta Petroleum's challenge to the City's denial of a site plan that would allow them to expand the Shell gas station on the corner of Atlantic Avenue and Military Trail. The proposed settlement (copy attached) would ensure that the expanded gas station would not open until the intersection improvements are completed. This should reduce the Commission's concerns about traffic that were voiced at the time the site plan was denied. While there will be ongoing work on Atlantic Avenue from Jog Road to Congress Avenue throughout 1993, the Planning Director feels that the gas station expansion will not contribute significantly to the traffic problems caused by the Atlantic Avenue construction work. The City Attorney's Office and Planning Director are recommending approval of this settlement agreement which by its acceptance would approve the previously denied site plan modification. The Fourth District Court of Appeal in Land Resources Investment Co. I et al. v. City of Delray Beach reversed its previous holdings and ruled that appeals of site plan denials are to be based on the record produced at the Commission hearings and not based on new evidence brought before the Circuit Court. It is our feeling that the record developed before the Commission on this matter strongly favors Delta Petroleum and Shell Oil. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK: jw cc: David Harden, City Manager David Kovacs, Planning and Zoning Director delta4.jsk 1.F '. "'1' . IN THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA. APPELLATE DIVISION (CIVIL) CASE NO: AP 92-1776 AY DELTA PETROLEUM, a Florida corporation, and SHELL OIL COMPANY, a Delaware corporation, Petitioners, v. CITY OF DELRAY BEACH, a political subdivision of the State of Florida, Respondent. / -- STIPULATION AND SETTLEMENT AGREEMENT DELTA PETROLEUM CORPORATION and SHELL OIL COMPANY, Petitioners, and the CITY OF DELRAY BEACH, Respondent, pursuant to an approval of settlement by the City Commission of Respon- dent, hereby stipulate and agree as follows: 1. DELTA PETROLEUM CORPORATION and SHELL OIL COMPANY (hereinafter referred to as "Petitioners") are the fee owner of real property located within the City of Delray Beach, Florida, described in Exhibit "A" attached hereto, which was the subject of an application for a major modification to an existing conditional use submitted to CITY OF DELRAY BEACH (hereafter referred to as "Respondent") . 2 . On January 14, 1992, the Respondent denied the Petitioners application. '. . Delta Petroleum, et al. v. City of Delray Beach Case No. AP 92-1776 AY 3. As a result of the Respondent's denial, the Peti- tioners filed a complaint for certiorari against the Respondent on February 13, 1992, which is the subject matter of this stipulation. 4. The subject site is an existing gasoline service station which has been in continuous operation for in excess of 18 years. The proposed modification to the existing use has been recommended for approval by the Respondent's Planning and Zoning Board and the Respondent's staff. 5. An area of concern to the City Commission of the Respondent related to traffic at the intersection Ct~Military Trail and West Atlantic Avenue. Petitioners are proposing, pursuant to this Stipulation, to coordinate the opening of the proposed new service station with the completion of certain road improvements at the intersection. 6 . The Respondent hereby agrees to approve Petitioners' application for a major modification to a conditional use as recommended by the Respondent's professional staff, as set forth in a memorandum regarding the City Commission meeting of January 14, 1992, from Paul Dorling, Planner II, to David T. Harden, City Manager, through David J. Kovacs, Director, Department of Planning and Zoning and the Planning and Zoning Department memorandum dated December 9, 1991, from Paul Dorling, Planner II, to Planning and Zoning Board Members, copies of which are attached hereto as Exhibits "B" and "c" respectively, which recommendation stated: 2 . Delta Petroleum, et ale v. City of Delray Beach Case No. AP 92-1776 AY Recommend approval of this Major Modification to a Conditional Use based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Compre- hensive Plan, and Section 2, 4, 5,(E)(5) and subject to the following conditions: 1- Site development is to occur in general compliance with the associated sketch plan subject to provision of the cross access improvement with initial redevelopment. 2. Plating as a minor subdivision pursuant to Section 2.4.5(K). 3. Obtaining permits or exception letters from Palm Beach County Traffic, Health Depart- ment, FDOT, SFWDD, LWDD, and DER. 7. Petitioners further agree that they will coordinate ---- the opening of the proposed new service station with the construction of intersection improvements proposed to be made at the south approach to the intersection of Military Trail and West Atlantic Avenue which, when completed, will consist of two westbound left turn lanes, three through lanes, and one east- bound right turn lane adjacent to Petitioners' property. These improvements, which are identified in Prework Conference Minutes dated September 23, 1992, from the Office of the County Engineer, a copy of which is attached hereto as Exhibit "D", are proposed to be completed on or before March 6, 1993. Petitioners shall be entitled to occupy and operate the proposed new service station when these improvements are complete. 3 '. . Delta Petroleum, et al. v. City of Delray Beach Case No. AP 92-1776 AY 8. Respondent agrees to process all permits and approvals required for the implementation of the approval contemplated by this Stipulation. 9. The parties agree to seek an order from the Court confirming and ratifying this Stipulation and Settlement Agreement. The Court shall retain jurisdiction over this matter and the parties to ensure that all parties adhere to the terms of this Stipulation and Settlement Agreement. DATED this ____ day of October, 1992. OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA -- -. By: Jeffrey S. Kurtz, Esq. F. Martin Perry, Esq. City Attorney Perry, Shapiro Miller & City of Delray Beach Jarkesy 200 N. W. 1st Avenue Suite 600 Delray Beach, FL 33444 1645 Palm Beach Lakes Blvd. Fla. Bar No. 494178 West Palm Beach, FL 33401 Fla. Bar No. 097559 del tal-li t. 4 '. . Lf.GAl. DESCRIPTION; A POR1ION Of 1ti[ NOR1" 240.00 '((1 or lHE KSl 256.00 rUT Of TN[ NOR1tIW(Sl 1/4 Of' lut SOUlt4WlSl '/4 OF tHE SountW(SI 1/4 Of. S(ClION 13. 10~S"tP 46 SOUIH. RANG[ 42 ['-S1. PAUl er.-Ctf COUN1Y. HOHIOA. orlNC "ORr PAR1ICUlARlY OESCltI8ED AS FOllOWS: CO"'UCNC( AT tH[ HORTHWlS1 CORH[R or 1H[ NOlllHWEST t/4 fJI H SOU"'~ST 1/4 or TU( SO~ST 'le4 or SAID S(ClION 13: 1H[HC[ IIUN NOR 1If 89 DECRees 45 ..IHUltS 2J S COHOS lAST ~ONC 1M[ NORtH LM or 1H( HORTHM:Sr 1/4 or 'H[ SOUTHM:Sr 1fr.4 fJI' lHt aOUnt_S1 U. or 5410 S(CTION 13 rOR .- DISTA..a: or 2~.OO n TO A POrn; 1H[H .' RUN SOUTtt 00 ()[CA([S 00 "IHURS &7 st:COttOS [AST ~lOHC 1M[ EAST llN[ or n.[ M:ST 2~6.oo 1'[E1 or lH( SOUlHWrST tJ. fJI' SAID KC1ION 13 rOR A DlS1ANCE or 40.00 rEn 10 1H[ PODfT fJI' KGIf._"- lICNCl cetlllNU[ SOUtH 00 o(eR[(S 00 MlHUlES 57 .COHOS [AS"OR :.- DIS 1 ANC( or 200.00 ru T 10 A P0IN1: 1H[HCE RUN SOU1H . DE US 45 "'INUlrs 2J S(C;ONDS W[51 ALONG JH[ SOUtH UNt or 1H[ tfOfItH 240,00 fEE T' or 1H[ HOR1HM:S1 '/4 or THE SOUlHWEST 1/' or 1H[ soun~~'ST 1/4 or S"'D S(cnoo 13 FOff A D1srAHct 0A20J.5) nn TO ,. P():Nl Of' THE EAS1 RIGHT-Of-WAY L1tl( or '-'U1ARY lRAI.. SAID POt..., ALSO Bn..c A POtN' ON ,. ORCULAR alRVI: c.cAVI: 10 tH[ KST. nl[ CENTtR or ""itCH BtARS SOUDt at o(Cltns ..t MlNU1[S 31 KCONOS KST FROW SAID POItH: 1H[Ne( RUN NOItnQl,y ~ONG 1Hl AAC t1I SAID CUltV['. HAWfC ~ ItAOtUS OT 11.'".20 'en. 1ItRU A ClN1Itt\L MGLf 01' ___ 00 O((;It([S 4t .....11[5 20 SCCONDS FOR N'~' DlS1AHCI Of"~ J ([ T '0 ~ POINT OT rAHG(HC'Y; MNCl RUtf 1N 00 ~ ... , IioIIHUT[S 42 S(CONOS _Sf f'OIt A ~ ~ ~t. ' lHI[NC( RUN IH .9 OCGIWts ,,*, lis.;' ~" SoutH RICHT-?-W"., lINe _ .ST~ANltC~ ' ~-Of'? 20~7e I((T 10 'tH[ POIi'll or B[ClNNINC. .I EXHIBIT "A" --- " 1-11 . , . I PLANNING AND ZONING DEPARTMENT MBMORAlmUJI . . , . . &. ; : PLANNING AND ZONING BOARD MEllBE~t-- ~ DEe t a .. TO: p "1 .: r'" . . . .. it FROM: PAUL DORLING, PLANNER II ' ... ',.~., to....... .' ':"~. I DATE: DECEMBER 9, 1991 RE: MAJOR CONDITIONAL USE MODIFICATION FOR GABOLI.. STATION AT THE SOUTHEA~T CORNER OF A~IC AVENUE AND MILITARY TRAIL . ITEM BEFORE THE BOARD. I The item before the Board is that of aaklng a rec~ndatlon on a major modification to a Conditional U.. to ..~l1sb a gasoline station with an accessory convenience store and car wash facility. The property is located at the southeast corner of Atlantic Avenue and Military Trail. Pursuant to Section 2.4.5(E)(7), If the Conditlonal Use request is considered a auijor modification final act.lon .1'1-1- reat. with the City Commission after a recommendation f~ ~ Planning and Zoning Board. Upon Approval of the Conditional b.. reque.t. the Site PlAn approval action will rest with the SPRAB (Site Plan Review And Appearance Board). , I ( BACKGROUNDr For full background Information, refer to the attached Staff Report for this item, prepared for the Plannlnq and Zoning Board meeting of March 18, 1991. The identical major modification request was before ~b. Planning and Zoning Board on March 18, 1991. The Plannlft9 and Zoning Board recommended approval of the Conditional Us. request on a 7-0 vote. , On March 26, 1991 the development proposal wa. before the City Commission. Public testimony was taken and the following concerns were rAised: - Inadequate stacking for proposed car wash ' - Anticipated traffic volumes with and without the car wash - Overall traffic generation concerns - Water use of car wash EXHmlT "B" o. ~.: ~, . . .J __ ~"""_\....Lun~.L use Modification ~ Cia.oline Station at the Southeast Corner of Atlantic Avenue and Military Trail December 9, 1991 Page 2 The City Commission remanded the petition back to the Planning and Zoning Board for further consideration and for review by the City's Traffic Engineer. On April 15, 1991 tile Planning and zoning Board reviewed a revised sketch pl.- auta1ttal which incorporated a redesign of the internal circulation .yet.. and addressed the other public concerns (aee attached April 11, 1991 memorandum). The Board con.idered the on-.ite circulation aspects and recommended incorporation of the chaftgea on a 6-0 vote. The Conditional Use request and accompanyin9 ~i.ed sketch plan was foniarded to the City COIIIIIlia.ion'. _tln9 of April 23, 1991. After a lengthy discussion the City C~a.ion denied the Conditional Use Request on a 3-2 vote baaed on . conaenaua that six (6) pumps, a car wash, and a convenience .1:Or. were too intense for the site. The applicantha. res~itted the request for reconsideration. ASSESSMENTs The development proposal is identical to the p~Yi0U8 .u~ttal which was denied by City Co.-isslon. The appl1~t i. prepared to provide information and addres. t.he previofully identified concerns with respect. to t.rafflc .on adjacent roadways and internal cIrculation. , During the public hearing, citizens have contended that the proposed development 1. too intense given cuzzent. t.~afflc conditions, for this locat.ion. Att.ached for your ~f.rence is information on the intensities of t.h. last 81x 9..011ne atatlon. approved by the City. While t.hls propo.al doe. repre.ent the highest increase 1n intensity OYer exist.ing conditions, the final intensity is slmilar to other approvals. The project 18 of slmilar intensity as previously approved sites and represents improve.ents over .xlstln9~onditlona t.hrough the relocation and reduction of curb cuts. It. appeara t.hat. there i. no compelling reasons to reverse the previous rec:oaaendatlona tendered by the Board. . , ALTERNATIVES ACTIONSI A. Continue with direction. B. Recommend approval of th~ request based upon posit.ive findings with respect to Chapter 3 (Performance St.andarda) of the Land Development Regulations, pollcie. of the Comprehensive Plan, and Section 2.4.5(E)(5) and subject. to conditions. ---- -_...~..".. 11\ . __ _..........0... voL ^'C.1ant1.c Avenue and Military Trail December 9, 1991 Page 3 . c. Recommend denial based on failure to _It. .. positive finding pursuant to Section . 2.4.5(8)(5) that the Condi tional Use request. would not. b.". a significantly detrimental effect upon the stability of t.he neighborhood within which it 1s located. RECOMMENDATIONz . Recommend approval of this Major Modification t.o . Conditional Use based upon positive findings with re~ to Chapt.er J (Performance Standards) of the Land Develo~t Regulation., policies of the Comprehensive Plan, and Section 2;4.5(B)(5) and subject to the following conditionsa. 1. Site development is to occur in general c~llance vith the associated sketch plan 8ubject. to provi8ion of th. crOBB ac~es8 improvement with initial redev.lcp..nt. . 2. Plating as a minor subdivision pursuant t.o section 2.4.5 (K) . 3. Obtaining permits or exception let.t.ers ~ Pal. Beach County Traffic, Health Department., I'DO'1' , . LWDD, and DER. , I PD/leh Attachment: .. March 18, 1991 P&Z Staff R.po~ - April 15, 1991 Addendwa to paz St.aff HePOR . i PO/'44/GAS ~ . 1 , C I T Y COM MIS S ION DOC U. B. ~,A T I 0'. TO: ..' '- DAVID T. HARDEN, CITY MANAGER THRU~~I~~R , ~~E~IIlG AHD ZOltIRO . FROM: PAUL DORLING, PLANNER II SUBJECT: MEETING OF JANUARY 14, 1992 . CONDITIONAL USE APPROVAL/MOBIL TO SHELL ~IOH ACTION REQUESTED OF THE COMMISSIONI t _ The action requested of the City C~.sJ.on Is that of approval of a major modification to an existing Conditional Use. The project is the conversion of an exist1ng Mob11 oasollne Station to a Shell Gasoline/Min1-maR Fac111.y "WLth . car wash. It is located 1n the southwest cornel' of Atlant.ic Avenue and Military Trail. BACKGROUND: . This property was recently annexed lnto the City. ~r. 1s an existing use of a gasoline and repair station on the .1te~ The development proposal involves construct.iOR of . new facillty vlth the removal of the existing structure.. The new facillt.y vill have additional pumps and a car wash along vith a ~al~. The identical major modification request va. befo~ t.he Planning and Zoning Board on March 18, 1991. The Planning aad Zoning Board recommended approval of the Conditional U.. Reque.t. on a 7-0 vote. On March 26, 1991 the development proposal was before the C1ty Commission. Public testimony was taken and the following concerns were raised: - Inadequate stacking for proposed car waSh, - Anticipated traffic volumes with and ,;ltbout tbe car wash; - Overall traffic generation concerns, - Water use of car wash. BXHmIT "C. [ 0.' ~-~ ~ ~.' ," '.'1 . ...... ~ ~z '-V..UIl.4.::>.::>.....VU L.II...H;Umen~a~J.on '-'" .Conditional Use Approval/Mobil to Shell Converalon page 2 The City Commission remanded the petition back h the Planning and Zoning Board for further consideratlon and fo~ r.vlew by the City. s Traffic Engineer. On April' 15. 1'91 tbe Planning and zoning Board reviewed a revised sketch plan .~tt.l wblch incorporated a redesign of the internal clrculation 8yst_ and addressed th~ other public concerns. The BoaJ:d colUlidered t.he on-site circulation aspects and recommended lncoEPOratlon of the changes on a 6-0 vote. The Conditional Use request and accompanying revi.ed .ketch plan was forwarded to the City Commis8ion'. .eeting of April 23. 1'91. After a lengthy discussion the Cit.y Commi..loft denied' t.he Conditional Use request on a 3-2 vote baBed Oft . conaeft8U8 t.hat six ( 6) pumps, a car wash, and a convenience store were too intense for the site. The applicant has resubaltted the request for reconsideration., PLANNING AND ZONING BOARD CONSIDERATION, The Planning and Zoning Board formally reviewed thl. It_ at regular meeting of December 16. 1991. The applicant addressed concerns with respect to traffic on adjacent J:Oadwaye and the internal circulation. Several re8idents spoke in opposltion and a petition with 46 nallles opposing the requ_t ~ received. After taking public testimony the Board recom.e~ approval .of the Major Conditional Use modifications on a 6-1'vote (Kellerman dissenting). ' RECOMMENDED ACTION: . By lIlotion, approve the Major Conditional U.. MOdificat.ion aa depicted in the modified sketch plan, based upon.the findings and recommendations as previously set forth by tbe Planning and Zoning Board. Attachment: , · Sketch Plan PO/'43/CCMOBIL.DOC ,,. \ II . . " DATil Mt....r U IH2 COMMISSIONER ISTRICT NO. 4U PREWORK CONFERENCE MINUTES Inter.ec~1.oS; f'~::~~::'''''~~~ V:~. MUN 'a'" "ach Count.,y, Florida 1. ~[R'S R~PR~S~NTATlVE: Ml-. Ca\'"l R. M111.\'", CoftstY1lCtt. C:OON1_t1~~rect:r'lru e t n chal"go 0' the project. A" correaponcte"ce ~.rcIt:t tltts p . ou dtrected thnUf.h Mr. Ca...l R. M1"...... Co"atnct1on CoOI"CI1". 10ft D1vi_ Oft, P. o. lox 2122D, We.t 'a _ a.ach, F1Dr1da 3316-1219. T.,ephone. ta4-4180 1. PRIME ~ONTRACTOR: Pavex Co~...a~toft Talaphona, 7S4-a7U :~ . SUPERINT~tmENT in charge of construct.10n: -11. Wnson. R..idence Phonet 'L NAME OF CCVtTRACTOR'$ EMPlOVE~AW I"6s~s1bl. 'or ..inten.... of ,..."tc, tncludt:s .a1n~enanca 0" pos1t10n1ng a co 1tton 0' .11 ',..Hic be.......... t...H1c control, . waming devices, who --.y be raach.d on _ 24-hou... basts '01' the ..,..,t_ 0' the contr.ct. Na"~Pri") : -1ohn Cat", Telephon.: 734-8733, Re_td.nc. Phones (101).7S-.... Name Backup), JiM Wilson, Telephon.: 734-8733, Re.td.nce Phones ). SUB-C~RACTORS: Are t.her. aftY chang.s tn subcontracto.._ oth.r "'an tho.. Hsted in the 81 Docusnent.s? YES_ NO }[ 1., th..... are any chang.s in MBE/WBE .ubcont..aclora other th... tho.. listed in t.h. Contract Docllllen'ts, Contractor ..at COlllPl.1 with PA.... BEACH COUNTY ORDINANCE NO. 11-34 p...tor to a~ substitution.. ---- . AOOITIONAL SURCONTRAf:TORS: NONE , , . PRO.][CT TIME:: C....nc...nt Oa't. - October 7. 1... D~. to c:-g,.t. - 110 DAYS Coapl.tion at. - March I, lilt . FLORIDA TESTIN4 . ~QINE:E:RrNA. INC. wtll be 'the t..'ttng lab fo.. 'this prQj.c't. . ~IAl C~RT~FIC~ION: Prio... to plac...nt 0' ..'to..tal. .. P~Kt. 'the cont...cto.. . a f'urnts t Con atnct,1 on Coord1".'tion Dtrecw.. cart 'icatton ."... the _anu"actllr..., .igned and s..lad by a Florid. Reota~.r Enl1n...., ttaa't ..t.....ta'. _.t the ".Qut~ sp.ci.,tcations. . SHOP D~rNQS. She copi.. 0' .11 Sh~ drawin.. (wh.n requiNd) wnl be .ublltttecl to the Construction Coordination Dir.ctor or approval p~to... t.o being used '0... co"struetton. INSPE:CTIONS: 24-hour adyanc. notice to the Con.t\I"UCt.ion Coordination Dty1.to" ta required to schedule a ~t.'d reyiew. C.". 'or th1. purPO.. .uat. be ~c.1ved before 3:00 P.M. to schedule a ~ield reytew f'or t.h. follOWing d~. Telephon.: 684~4180. . ~lV PAV AVlICATIONS: Cont....ct.o~ will be paid -.onthly fo~ work COIIIpl.ted 1n . on. l~ mont.h wor pertod to the extent 0' work ~~a sp.cif1.d in 'the con~...act,. Various a~ idavits eert1~ying p~nt to subcon~ractors .u.t aeeOMp'~ p~ ~qu.st. (copte. attached). SEMt~f'INAL INSPECTIONS: The pr'" contractor'. sup.r1nt.end.nt tog.th... with the Construction Coordination Director shall conduct tha ._1-,,",..1 t,.ap.c:t10n. The Construction Coordination Dir.ct.or shall ~h.n not1~f the Surv~Sect1on that -..-bu11t- pl~ns ar. to be pr.pa....d and will b. r.qutred in 2 d~a. FINAL INSPFCTIO~~ Sub.equen~ ~o reviewtng -.s-built- plana ",.ld ...porta. and t.,t results. the County Engin..r or an appo1n~ed r.lr.s.ntattv. af~~'th tha eo".truct'on Coordination Dir.ctor shall conduct the ~tnal 1eld 'n.p.c~1on n conJunctton with the cont.ractor. The contractor w111 notify ~h. Con.truc~1on Coordination D1rec'to... as to the date and t.ime sch.dul.d for Job stte final 1nspectio". . EXHIBIT "D" . . . .. ;~.wo~k C~nf.rence - Page 2 Dau I Sept"'l" IJ, 1.82 ,5.' RrMARKS: t~~ The contractor wtll rece1v. f1v. (I) .et. o~ plan. and .pact~tcat1on.. Contractor to notify Engine.rino San1ce. (184-4070) 14 clQ. prfol" to ~nc.....nt for SUrYey raferance ~nt.. f&J Cont.ract.or t.o not.ify LE &"'10'" 'to at.""", .~ al?; .xcavattOft. Cont.ract.or to notH'y p.e. o. eon.tnact.fon COON ftatiOft Dfvf.ion and P.I.Co. T",affic Engi"..",tng Divia1on, prior 'to Co-..ftCMent 0' ...rIt. t. cheelr COft.t1"'Uctton .19ftal.. (E) flo"i a Powe", . Us:'t COIIpaft,Y ha. fini.hed vtth .at. of tMtl" ""01" "'oc.tton work and will ~1nh t1\e ",e'\hOft t.... weat .td. of ..t1tt.~ Tran. -... South."" B.l1 ha. cONP1.t.d thetr.. .,.. are two po'.a located on M.'1tar" Tra11 00::3 wa.t.bound t.hat will be pulled when tlte lin.. .re cl.ar. Contl"act.or w.. p.....n w1th a loc.tion Map .f FP.L fael1 1ti.. alO1)g with a let.ter o~ .p.cffied reqUireMent.. .nd wa. advi.ed th.t it they need help wfth ~ tree ~v.,. n.ar .~ pole., FP&L will provt4. .ervie.. at ftO eharte. It we. reQueat.ed that the Cont."'acto.. ,iV. . 'I to 2 week not.ice for an,y pol.. to be ""d. (F) Southern Be 1 Telephone to.pany .t.111 h.. .~ aer1al "'ocat.t_ WD",k 'to be cion. on the nort.hwa.t. corn.r .nd w111 be cut.tt~ t.IMa cabl. and t.attng down the fac111t1e. on the northe..t. eo"'ne",. Due t.o ... rtar of ......... lMcau.. of the Hu",r1can. And....... c"'i.i., it will t..ke about 'our... . .,.... tocIQ to c~lat. the relocatton work. No oth... eonn1ct.. a". .nt1ctpat.ed. """ Vt11&vtcencio, Ro.dw~ P.-.duct1on D1vh1on, pras.nt..ddt.he Cont.racto.. and eonatruct."_ Cool'dtn. ton wit a copy o~ t.h. .1nut.e. ~r~ t.he Ut.tlity ...tt~ held ~' II. 1112. (6) floriCSa Public ~n1t1.s has don. .... ~Ot.-hO' :L,and . not h.ve .n,y conflicts wtt.h St."'uc:tu.... S-18 and S-21 but will av. to u.t the pt~ on ftructu... S-17. It. was advised ':r Roadw~ "'oduction t.hat. since double .-oct ,,111 be Medad bat...n St.t1on. 180 an 182, Florida Public Util1t.i.. should add..... the reque.t of this axtra work, in wr1t.1ng, to Conat.ruction Coordtna"" for ~ Produd1on. .pprova1. Contr..ct.o.. wa. advhad that. .. S to 4 week not1c. 1a ...~"reclulrior t.o cOllllDencement of the ~~e .dju.tllent. In rescn.. to Flol'tda PIa lie n1t.1.. "'.p.....nt.t1v., D..v. Heo, t.h. Cont.ractor . .tad th.t h. will ...t1fy th.. when (H) t.h. .tart.1ng loc.t.ion h.. be.n d.t....tn.d. ,---' Metrtc Engin.ering requ.sted t.hat. the Cont.ractol' not"~ t.h.. aftd t.he Ct~ 0' Dal"~ wh.nev.,.. pipe r.locat.ion t. don.. Cont"'&Ct.or at.t.iNt t.h.t. Pipel1n. S.rvic. (I) w111 doing the work.-- , An on-.tte _.t.1n, 1. .cheduled on Vedn..dN' Seru-ber SO, 1"1, at. 10:30 A.M. (.)) on the ....t. .nd 0 t.h. proj.ct. to rev1..., of h. 'acilit.1... St.v. Bohovsky from Pal. Beach Coun~ Traffic Eng1n....tng .t..tad t.hat. t.hey will .t..n r.'ocat.ing t.wo .1gna' pol.. loc.ted on t.h. .out.....t. cora.r .nd the nort.h.ast co..n.r of t.h. pro~.ct, wit.h1n the n.xt. two weelr. and a*ked t.hat the (K) Cont...aet.or b. car.fUl wh.n 1001"1 around the .1~al pol... Ed McClan., Tra'f1c Eng1n..r'ng, iscus.ad the R.P.M'. .nd the 'act that proper .a1nt.n.nc. of t..afftc t. v."'f. important in t.hi. ....a. A ahort. _.ting w1t.h the Contr.ctor, Tr.ffic E~in..r ng .nd Con.truction Coordinatton w." taka plac. aft.... th1. pr.work to dhcu.. further det..n. o~ t.rafttc .....11"..nt... . Ed McClan. Will .upply .tripinG planl Wfticft wa~. ,...vtOUI1Y approved ~"ol"tda Dep.r~nt o~ T",an.po..t.at.ion, t.o "ack H."b.~." of 10""da Dep~~t o~ an.ponat.ton, Rudy (l) Pol..111 of P.vex Corporation.n ~ohn YUY'Ch of toftatrue'tOft COO~1nat.1on. .lavi... Lopez; Roadway Product..lon, advis.d the COftt.",&C'''' to be au... of exact. 10eat1on. be ore o~.r1no any structurel. Contractor wa. al.o advtsed t.o be (M) c....ful not. t.o block ~he .nt.ranc., .t. .ny t'''.b to t.he S~l1t... Mall. &eo::l." ,..te. 1nfo....d the Cont..actor tha' t. U.. ot a8Mn and prope.. bar.. c:adtng 1. .xtr....',y 1l1por-tant in this ..... 0" con.t....ctt.n. COftt...act.or wa. advi.ed to nottfy p..opert.,y owners in the ....a 0' con.truct.1on, v'a fly.r., 0' the (N) schedul.d project. including ...rg.n~ phon. nu.bara. D1sc~ss1on .nsued relat1v. to Flori a Departme..t of T.....sport.t.1on pa~tt. and st.rtping plan.. . - '.- '. 'q . rework Co~ferenc.-Page 3 ..pt....r 23, 1112 1. PERSONNEL IN ATTENDANCE: PHONE .aIIrMl Rudy Po'se11i 14071734-8733 "vex ~at1on Earl Wil1s 407 9'4-6336 Met.ric EM1111r1 H. Ford Smith 401 684-7135 Flo..tcla Povar a ft-, 8111 ThOMaS .. · ~- Larry "ayerick 14011837-6404 SoutMn 811' T.'.... Co. Dave Pell1co 407 83.-1712 Flo..tda Publtc Uti'it1.. Jack Herberger 407 683-464' Flortda Departlent 0' Transportatton Rob Cabl.s .. ,. · Jav'er Lopez (407)684-4150 P.I.Co. Roaclwl1 Production Ron Terrell .. · · · Mike Vl1lavicencio .... Ed McClane (407)684-4030 P.I.Co. Tra"lc Engineering Steve 80hovs~ ... . · Jack Provence (407)684-4180 P.I.Co. eonstructton Coordtnatlon Steve S.d11o .... Viet' Goulet .... -- ~ ~ . cc: John H. Carroll, P.E., Dtrector, Roadw., Production Engineering Services Dtvt.fon To~ LUffman, Road . Bridge Division, Brtdge Slctton Dilne Heinz. Off1cI of Equal Opportun1~ , iI rn '. . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~Q~VID T. HARDEN, CITY MANAGER ~1~.Va~L THRU: D 10 J. 0 ACS, DIRECTOR '1'''::;E~ING AND ZONING FROM: PAUL DORLING, PLANNER II SUBJECT: MEETING OF JANUARY 14, 1992 CONDITIONAL USE APPROVAL/MOBIL TO SHELL CONVERSION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a major modification to an existing Conditional Use. The project is the conversion of an existing Mobil Gasoline Station to a Shell Gasoline/Mini-mart Facility with a car wash. It is located in the southwest corner of Atlantic Avenue and Military Trail. BACKGROUND: . This property was recently annexed into the City. There is an existing use of a gasoline and repair station on the site. The development proposal involves construction of a new facility with the removal of the existing structures. The new facility will have additional pumps and a car wash along with a mini-mart. The identical major modification request was before the Planning and zoning Board on March 18, 1991. The Planning and Zoning Board recommended approval of the Conditional Use Request on a 7-0 vote. On March 26, 1991 the development proposal was before the City Commission. Public testimony was taken and the following concerns were raised: - Inadequate stacking for proposed car wash; Anticipated traffic volumes with and without the car - wash; - Overall traffic generation concerns; - Water use of car wash. . . City Commission Documentation Conditional Use Approval/Mobil to Shell Conversion Page 2 The City Commission remanded the petition back to the Planning and Zoning Board for further consideration and for review by the City's Traffic Engineer. On April 15, 1991 the Planning and Zoning Board reviewed a revised sketch plan submittal which incorporated a redesign of the internal circulation system and addressed the other public concerns. The Board considered the on-site circulation aspects and ~ecommended incorporation of the changes on a 6-0 vote. The Conditional Use request and accompanying revised sketch plan was forwarded to the City Commission's meeting of April 23, 1991- After a lengthy discussion the City Commission denied the Conditional Use request on a 3-2 vote based on a consensus that six ( 6 ) pumps, a car wash, and a convenience store were too intense for the site. The applicant has resubmitted the request for reconsideration. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at regular meeting of December 16, 1991- The applicant addressed concerns with respect to traffic on adjacent roadways and the internal circulation. Several residents spoke in opposition and a petition with 46 names opposing the request was received. After taking public testimony the Board recommended approval of the Major Conditional Use modifications on a 6-1 vote (Kellerman dissenting) . RECOMMENDED ACTION: . By motion, approve the Major Conditional Use modification as depicted in the modified sketch plan, based upon the findings and recommendations as previously set forth by the Planning and Zoning Board. Attachment: * Sketch Plan PD/'43/CCMOBIL.DOC '. '" . -.. .... -....-.. --.-...- . .. -' u_ - --, ,,-- -. I -. ::::~:-- ... .. -=:- -:: -:-- . I ; -- ... ~ : '':~-' - I -flI. -. . .,-. '- 'I~o-m. ,I .,.~ 1 -~;;.. ..,. ... ~~~~~... ' " ~ - ~ .\. J ~ ':".. . . 1I.;i..-~--f/. ... , . ~~_)' 1 ., ~,,- .. - I ~ ~" , , : ! ~ j !t L..u~ ',I_~J_" Ji ' ~ ---, , .......""1 7" -, '::' . \; 'r;::.;'~~~~ II ' &1 ~.. 1 " ,.nr.~~) _ ,.-- .,~ --.' I 'I~ I .... . ' - . =.:..-:- / " ',. , " . ":. ' - I' · 11' ~r- I , .. . .' ~- . '\ .. .. i f 1 " =. l' j I .. .. . I ~' , '.. \ , I . ,. ("') '-"~ ,~!. .. I I., 1 \ . ' .. f-7=1 : . . ~ I ',.' · ~ ~ ' c I ' 1.. Jl "f , '~', : ~ 1 J=- ~ - t ~ I,..,..~ : " ~... ~ ' l / , ~~. 'r-1~ : 1,'" ", ::-:- 'OH. ~ {i I: 1 ~~.ll-- J D . , l' ,.fa '~ i . ="', \ );" , ~ ' ~ , ' - t..~ - '--I . , ' .. I: 'I ~ , ' :~~ j ., I II. 1<11 ' of . '~ ..:'.., ::::.' , :'~~: ~..... ~~~ ' := I.fi." ~:~'<;'~;;'. I /I ---:...- . .. - . ' , ': ~F' ;--->.. l ~"~ -:-;:....... - ~ . ,P....-., 'e ,..-. I .,..,;.,....'''''', ~..,-.. _, _ _L. -... ~-. . ....... . 100ft ,..-- -- .... . '~ ,...,. , .w,.. ~_ ' ... fi '" . I """""'_."'Y ~ - -- ,~~ ,'- -,~ #" .J R~ J -- ~ . . . , PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: PLANNING AND ZONING BOARD MEMBER~ FROM: PAUL DORLING, PLANNER II DATE: DECEMBER 9, 1991 -..-- RE: MAJOR CONDITIONAL USE MODIFICATION FOR GASOLINE STATION AT THE SOUTHEAST CORNER OF ATLANTIC AVENUE AND MILITARY TRAIL ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a major modification to a Conditional Use to establish a gasoline station with an accessory convenience store and car wash facility. The property is located at the southeast corner of Atlantic Avenue and Military Trail. Pursuant to Section 2.4.5(E)(7), if the Conditional Use request is considered a major modification final action will rest with the City Commission after a recommendation from the Planning and Zoning Board. Upon Approval of the Conditional Use request the Site Plan approval action will rest with the SPRAB (Site Plan Review and Appearance Board). BACKGROUND: For full background information, refer to the attached Staff Report for this item, prepared for the Planning and Zoning Board meeting of March 18, 1991. The identical major modification request was before the Planning and Zoning Board on March 18, 1991. The Planning and Zoning Board recommended approval of the Conditional Use request on a 7-0 vote. On March 26, 1991 the development proposal was before the City Commission. Public testimony was taken and the following concerns were raised: - Inadequate stacking for proposed car wash - Anticipated traffic volumes with and without the car wash - Overall traffic generation concerns - Water use of car wash nI/G " . To: Planning and ~oning Board Members Re: Major Conditional Use Modification for Gasoline Station at the Southeast Corner of Atlantic Avenue and Military Trail December 9, 1991 Page 2 The City Commission remanded the petition back to the Planning and Zoning Board for further consideration and for review by the City's Traffic Engineer. pn April 15, 1991 the Planning and zoning Board reviewed a revised sketch plan submittal which incorporated a redesign of the internal circulation system and addressed the other public concerns (see attached April 11, 1991 memorandum) . The Board considered the on-site circulation aspects and recommended incorporation of the changes on a 6-0 vote. The Conditional Use request and accompanying revised sketch plan was forwarded to the City Commission's meeting of April 23, 1991. After a lengthy discussion the City Commission denied the Conditional Use Request on a 3-2 vote based on a consensus that six (6) pumps, a car wash, and a convenience store were too intense for the site. The applicant has resubmitted the request for reconsideration. ASSESSMENT: The development proposal is identical to the previous submittal which was denied by City Commission. The applicant is prepared to provide information and address the previously identified concerns with respect to traffic on adjacent roadways and internal circulation. During the public hearing, citizens have contended that the proposed development is too intense given current traffic conditions, for this location. Attached for your reference is information on the intensities of the last six gasoline stations approved by the City. While this proposal does represent the highest increase in intensity over existing conditions, the final intensity is similar to other approvals. The project is of similar intensity as previously approved sites and represents improvements over existing conditions through the relocation and reduction of curb cuts. It appears that there is no compelling reasons to reverse the previous recommendations tendered by the Board. ALTERNATIVES ACTIONS: A. Continue with direction. B. Recommend approval of the 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) and subject to conditions. '. '" . . To: Planning ana ~oning Board Members Re: Major Conditional Use Modification for Gasoline Station at the Southeast Corner of Atlantic Avenue and Military Trail December 9, 1991 Page 3 C. Recommend denial based on failure to make a positive finding pursuant to Section 2.4.5(E)(5) that the Conditional Use request would not have a significantly detrimental effect upon the stability of the neighborhood within which it is located. RECOMMENDATION: Recommend approval of this Major Modification to a Conditional Use 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) and subject to the following conditions: 1. Site development is to occur in general compliance with the associated sketch plan subject to provision of the cross access improvement with initial redevelopment. 2. Plating as a minor subdivision pursuant to Section 2.4.5 (K) . 3. Obtaining permits or exception letters from Palm Beach County Traffic, Health Department, FDOT, SFWDD, LWDD, and DER. PD/leh Attachment: - March 18, 1991 P&Z Staff Report - April 15, 1991 Addendum to P&Z Staff Report PD/#44/GAS '. '.'1, . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf'l'v1 SUBJECT: AGENDA ITEM # CfG - MEETING OF OCTOBER 27. 1992 LAKE IDA 11TH STREET PARCEL DATE: OCTOBER 23, 1992 This item is before you to authorize staff to meet with County representatives to discuss the terms of the agreement which would convey the Lake Ida 11th Street parcel to the City for park purposes. At their October 6th meeting, the Board of County Commissioners conceptually approved the transfer of the 2.63 acre Lake Ida 11th Street parcel to the City. This action also authorized the County's Property and Real Estate Management Department to prepare an instrument of conveyance, which in this case is likely to be a long-term lease agreement. Based on the County Commission's conceptual approval, a meeting will be scheduled to discuss the terms of the agreement. Recommend staff be authorized to meet with County representatives to discuss the terms of the agreement to convey the Lake Ida 11th Street parcel to the City for park purposes. '. "I, . . ' / -, -", /' , . i v ,... ' L', re-V' '-r' ,,' 1.___ ,Board df County Commissioners lO/l~/92 To: Joe Weldon. County Administrator Karen T. Marcus, Chair F.Y.I. ~~ Robert Weisman Carole Phillips, Vice Chair sk for DTH Carol A. Roberts Carol J. Elmquist Department of Mary McCarty Parks and Recreation Ken Foster Maude Ford Lee F'i F::C:E; \/E:[) OCT t 4 J992 CITY MAi\;'r';-i)'~ nrrlr"r October 8, 1992 ..-1 I >.IL Mr. David Hardin City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Hardin: On October 6, 1992, the Board of County Commissioners, under Agenda Item 4E-2 (attached) ; conceptually approved the transfer of the 2.63 acre Lake Ida 11th street parcel to the City of Delray Beach for park purposes. This Board Action also authorized the County's Property & Real Estate Management Department (PREM) to prepare the instrument of conveyance, which in this case is likely to be a long-term lease agreement. Mr. Ross Hering, Director of PREM, will be responsible for the preparation and submittal of the agreement to the Board of County Commissioners for their action. I have notified Mr. Hering of the Board of County Commissioner's conceptual approval and requested that a meeting be scheduled with representatives of the City and the County staff in the near future to discuss the terms of the agreement. I look forward to meeting with you again to accomplish this transfer of park property to the City of Delray Beach. ;a::~ Dennis L. Eshleman, Director Parks and Recreation Department DLE:TG:jcw Attachment cc: Commissioner Mary McCarty Tim Granowitz Ross Hering -.J "An Equal OppOrtunity - Affirmative Action Employer" @ printed on recycled paper 2700 6th Avenue South Lake Worth, Florida 33461 (407) 964-4420 ,. I.H' . .' '. Aqenda Item /f E-l - PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ================================================================= Meeting Date: October 6, 1992 ( ) Consent (X) Regular ( ) Ordinance ( ) Public Hearing Department Submitted By: Parks and Recreation Deoartment Submitted For: Propertv and Real Estate Manaqement ================================================================= I. EXECUTIVE BRIEF A. Motion and Title: Staff recommends conceptual approval to transfer 2.63 acres of Lake Ida Park (NW 11th street parcel) to the city of Delray Beach to be operated as part of the City's park system. B. Summary: The City of Delray has requested that the Board of County Commissioners consider the transfer of a portion of Lake Ida Park to be operated as a city neighborhood Park. Based on the size, location and function of this park, plus the fact that it was recently annexed, it is staff's opinion that the property would be more appropriately operated as a City Park. District 7 WGC C. Background and policy Issues: On June 25, 1992 the Parks and Recreation Department met with the city Manager and Park's Director for the City of Delray to discuss matters of mutual concern regarding the various areas of Lake Ida Park. As a result of this meeting, the city submitted the attached request to transfer the 11th street parcel of Lake Ida Park to the City. This parcel is a 2.63 acre lake front property with one restroom, playground area and a small"boat launch area. The park clearly functions as a neighborhood park facility, drawing the vast majority of its users from the immediate community. Based on its size, function, location and the fact that it was recently annexed by the City, it is staff's opinion that the property would be more appropriate operated as a City neighborhood park. This matter has been discussed with PREM who advised that they would determine the proper legal instrument for conveyance upon conceptual approval by the Board. Regardless of the instrument used, it is staff's intent that y the property be restricted to park and recreational uses with access guaranteed to all residents of Palm Beach county on a non-discriminatory basis. D. Attachments: 1. Letter of Request from City of Delray Beach 2 . Letter of Reply to the City of Delray Beach 3. Report by Parks and Recreation Dept. with Location Maps 4. Deed for NW 11th street Property \ ================================================================= Recommended By: Approved By: Assistant County Administrator Date '. . , ' . , ' II. FISCAL IMPACT ANALYSIS .' . . " , 'A. Five,Year Summary of Fiscal Impact: N/A ... , Fiscal Years 1992 1993 1994 1995 1996 Capital Expenditures - Operating Costs - Operating Revenues - Is Item Included in Current Budget? Yes No Budget Account No.: Fund Agency Org. Object_ Reporting Category B. Recommended Sources of Funds/Summary of Fiscal Impact: This action will result in a reduction of operating costs of approximately five to six thousand dollars ~~~~AV~ ~tlr WI/), llg S"fl~ gll"~ ,er~,f.I.cJ/N6 ~.f) :s III. REVIEW COMMENTS A. OFMB Fiscal and or Cont:.act Administration Comments: If this parcel is more appropriately operated as a City neighborhood park, a lease to the City would accomplish the intended purpose without the County relinquishing ownership. -~ tV/A Contract Administration B. Legal Sufficiency: AssJ.stant C. Other Department Review: Department Director REVISED 02/92 ADM FORM 01 (THIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.) 2 '. Hi . .. '" ~ . Backqround and Policy Issues: - continued- It should be noted that the transfer of the property will result in a reduction of annual operating costs of five to six thousand dollars and eliminate the need for any future capital expenditures for park improvements. In addition, this park does not have any revenue generating facilities and as such will not affect projected revenues. In regards to the Comprehensive Plan, the transfer of this property will not have a significant affect on the level of service or the ability of this Department to achieve its established goals. While there is no current appraisal for this property, it is prime waterfront land and would certainly have a minimum value of $200,000.00. ,.. . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 6Jl;Jl SUBJECT: AGENDA ITEM i erH - MEETING OF OCTOBER 27. 1992 AMENDMENT NO. 3 TO SERVICE AUTHORIZATION NO. 5/CH2M HILL DATE: OCTOBER 23, 1992 This item is before you to approve an amendment to Service Authorization No. 5 in the amount of $10,450 to the contract with CH2M Hill for consulting services in conjunction with the start up of the Lime Softening Conversion project at the Water Treatment Plant. Under Service Authorization No. 51 CH2M Hill was authorized to designl provide engineering services during construction and resident observation for improvements to the Water Treatment Plan. The design has been completed, and construction is approximately 70%complete. In December 1992 the plant is scheduled for startup. Engineering services during startup were delineated as additional service and therefore were not included in the scope and fee of Service Authorization No. 5. However, there was provision made for up to $501000 of additional services in the original authorization. To datel $39,550 of that original allocation has been authorized under Amendments No. 1 and 2. This amendment is necessary to ensure the operational transfer from sodium aluminate to lime softening does not upset the treatment train or interrupt service to customers. Recommend approval of Amendment No. 3 to Service Authorization No. 5 for the contract with CH2M Hill in the amount of $101450j with funding from Water Treatment Plant Conversion - Engineering Services (Account No. 447-5164-536-33.11). ~ tj-O '. ,'fl . - Agenda Item No. I AGENDA REQUEST Datel October 23, 1992 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: October 27, 1992 Description of item (who, what, where, how much) I Staff requests City Commission to approve Amendment No.3 to Service Authorization No.5 to CH2M Hill for consultinq services for "Plant Startup Assistance at the Water Treatment Plant Lime Softeninq Conversion"- Proiect No. 91-22. This assistance will allow a smooth transition from current sodium aluminate treatment process to lime softeninq without upset to the treatment train or interruption of service to customers. Fundinq source will be 447-5164-536-33.11. The maximum authorized compensation is $10.450. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends City Commission to approve Amendment No.3 to Service Authorization No.5 to CH2M Hill for consulting services for "Plant Startup Assistance at the Water Treatment Plant Lime Softenin Conversion." Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Dtrector Review (~red on all items involving expenditure of funds): Funding available: E /NO Funding alternatives (if apPliCabl~) Account No. & DescriPtio~/-5(~-5Clo??.;rwr'PCCi\I~'O - t2N6J StlCS Account Balance 1':31 ;7&,. city Manager Review: Approved for agenda: @/NO t37vl Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Actionl Approved/Disapproved . . . '- CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION AMENDMENT DATE: . 1992 AMENDMENT 3 TO SERVICE AUTHORIZATION NO, 5 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO. (CITY) (CONSULTANT) TITLE: Plant Startup Assistance Water Treatment Plant Lime Softening Conversion I. Project Description Under Service Authorization No.5. the City authorized CH2M HILL to design, provide engineering services during construction and resident observation for improvements to the City's water treatment plant. The design has been completed. and construction is approximately 70 percent complete. In December 1992 the plant is scheduled for startup. Engineering services during startup were delineated as an additional service and therefore were not included in the scope and fee of Service Authorization NO.5. However, there was provision made for up to $50,000 of additional services in the original authorization. To date, $39,550 of that original allocation has been authorized under Amendments No. 1 and 2. In order that the operational transition from the City's current sodium aluminate treatment process to lime softening proceed as smoothly as possible, without upset to the treatment train or interruption of service to customers, the City has asked CH2M HILL to provide services as described below during the startup of key plant processes. II. Scope of Services The CONSULTANT will provide the following engineering services to the City during plant startup: A, General assistance including working with the construction contractor and plant operations personnel to sequence startup events to meet the objective of providing a finished water that satisfies the project design criteria and provides uninterrupted water service to customers. Assistance will focus on the startup of the lime softening treatment train. Witness as necessary the field startup process, 10011 A6!\ .DF! 1 ....,,-~ T 11IH t'fHO 'r-'I~ 1'11-;"-' -::'" "! .., 1 T ;.~,' U G { j\U,j \,"UIi'PU GC,-u.-I. I '. "I . - B. Provide a brief written process description of the project based on the predesign report, that includes the project design criteria for use by the contractor and operations personnel during startup. III. Budget Estimate of Services Because the level of service required to support the CITY during plant startup cannot be accurately estimated given unforeseen conditions, delays, etc that can occur as a facility is started, services under this authorization will be provided on a times charges basis in accordance with Article VII.A.2 of the Agreement, The maximum authorized compensation is $lOA50. IV. Completion Date Services under this amendment will be accomplished concurrently with the contractor's schedule for startup, APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH CH2M HILL SOUTHEAST. INC. _dayof_.19_ By: Greaory T. McIntyre, P.E. Vice President and Regional Manager CITY OF DELRA Y BEACH. BEFORE ME, the foregoing instrument, this_ a municipal corporation of the State of Florida day of _' 19 _, was acknowledged by Gregory T. McIntyre, a duly authorized officer of CH2M HILL SOUTHEAST, INC" on behalf By: of the Corporation and said person executed the Mayor same freely and voluntarily for the purpose therein expressed, ATTEST: ATTEST: lJy: WITNESS my hand and seat in the County and City Clerk State aforesaid this _ day of . 19_ Notary Public APPROVED AS TO FORM: State of Florida My Commission Expire~: By: City Attorney (Seal) lOOIIA6S,DFB 2 ~~ 0 r1 11IH W'HO ~nv' ~Tn~'~n 26-Z(-O 1 (/ l't'\jlJ.'~ "'..01.) l 'ii-, '. '" . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS t;r:: ~ ~ FROM: CITY MANAGER[P't"1 SUBJECT: AGENDA ITEM # '1 ~ - MEETING OF OCTOBER 27. 1992 SERVICE AUTHORIZATION NO. l/METRIC ENGINEERING. INC. DATE: OCTOBER 23, 1992 This is a service authorization in the amount of $10,282.41 with a $578.87 contingency to the contract with Metric Engineering, Inc. for engineering services to extend sanitary sewer service to commercial property located on the northwest corner of West Atlantic Avenue and Barwick Road. This project involves providing sewer service to the commercial property annexed as a part of the Highland Trailer Park annexation action. Metric Engineering is currently under contract with the Ci ty for the design of utility relocations in conjunction with the County's widening project. Since the timing of the County's construction project is uncertain, the $578.87 contingency' allows for this project to be separately bid/constructed. Recommend approval of Service Authorization No. 1 in the amount of $10,282.41 with a $578.87 contingency to the contract with Metric Engineering, Inc. i with funding from Water and Sewer - Sewer Mains (Account No. 441-5161-536-63.51). " '", . , Agenda Item No.: AGENDA REQUEST Date: October 20, 1992 Request to be placed on: ~ Regular Agenda . _____ Special Agenda _____ Workshop Agenda When: October 27, 1992 Description of item (who, what, where, how much): Staff requests that Commission approve Service Authorization No. 1 in the amount of $10.282.41 with a contingent amount of $578.87 for Metric Engineering. Inc. The service authorization is for engineering design. permitting. and construction administration for the extension of sanitary sewer service to commercial parcels at the northwest corner of West Atlantic Ave.. and Barwick Road. said parcels were annexed into the City with Highland Trailer Park. The fundin~ source for Project No. 92-028 is account no. 441-5161-536-63.51. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~ Recommendation: Staff recommends approval of service authorization no. 1 for Metric Engineering. Department Head Signature: ~/~o_ec~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: YES NO Funding alternative (if ~~liCable) Account No. & DescriptionAlrI-S;/bl-.s1:jb.fo3-S:J ~c:APITAL.. -seNEi< M~I~ Account Balance~~GOD " City Manager Review: Approved for agenda: @NO eM Hold Until: ' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt " . MEMORANDUM TO: David T. Harden City Manager THRU: William H. Greenwood ~~ Dir. of Environmental Services FROM: Richard C. Hasko, P.E. /J ,/ Asst. City Engineer ~ DATE: October 20, 1992 SUBJECT: HIGHLAND TRAILER PARK SANITARY SEWER EXTENSION PROJECT NO. 92-028 Attached please find an agenda request accompanied with Service Authorization No. 1 for Metric Engineering, Inc. to provide engineering services for the subject project, located at the northwest corner of West Atlantic Ave. and Barwick Road. Metric is currently under contract with the city for design of utility relocations on West Atlantic Avenue, between Markland Drive and I-95 in conjunction with Palm Beach County's widening project. The intent of this service authorization is to include the design of the subject sanitary sewer extension in the utility relocation plans currently in preparation. Metric's fee for this work is $10,282.41. Since the timing of the County's construction project is uncertain, the service authorization allows a $578.87 contingent fee to break the subject sanitary sewer project out of the utility relocation plans and bid/construct it separately. The funding source for the project is account no. 441-5161-536-63.51. DH : nun cc: Ralph E. Hayden, P.E., City Engineer George Abou-Jaoude, Dep. Dir. of Public utilities File: Project No. 92-028 (D) Memos to City Manager DH228020.MRM " "I; . METRIC ENGINEERING, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 441-5161-536-63.51 PROJECT NO. 92-028 (CITY) ( METRIC ENGINEERING, INC. ) TITLE: Sanitary Sewer Extension to Highland Trailer Park Commercial Parcels This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated April 22. 1992 between the City of Delray Beach and Metric Engineering, Inc. I. PROJECT DESCRIPTION Provide engineering and surveying services in conjunction with the extension of sanitary sewer mains to commercial properties at the northwest corner of West Atlantic Avenue and Barwick Road. II. SCOPE OF SERVICES A. Phase I - Study and Report Phase Not included. B. Phase II - Preliminary Design Phase Not included. C. Phase III - Final Design Phase Consultant shall prepare engineering plans, including necessary survey work, f or the extension of an 8" sanitary sewer main to service eight (8) commercial parcels on West Atlantic Avenue at Barwick Road. Plans are to be included in the utility relocation project to be constructed by Palm Beach County in conjunction with improvements to Atlantic Avenue. Plans shall be prepared in such a manner so as to allow their segregation from the Palm Beach County project if it is determined to construct the extension as a separate project. Page 1 '. . D. Phase IV - Bidding/Negotiation Phase If the project is to be constructed separately from the County's project, this phase shall include providing all required bid documents as well as assistance to the city with bid evaluation and contract negotiation E. Phase V - Construction Phase Provide review of shop drawings, participate in construction progress inspections, prepare as built drawings and construction certifications for improvements as outlined in Phase III. III. BUDGET A. The City agrees to compensate the Consultant for services and expenses in conjunction with this service authorization, exclusive of Phase IV, for an amount not exceed $ 10,282.41. B. If Phase IV is authorized, additional compensation for services and expenses shall not exceed $ 578.87. IV. COMPLETION DATE Consultant shall complete Phase III within sixty (60) days of issuance of an authorization to proceed. completion of Phase IV, if authorized, shall be as determined by the City's bidding and construction schedule. This service authorization is approved contingent upon the city's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in it's sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any services authorization approved by the city to be included as part of the contract without a further notice to proceed. Page 2 '. . Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date: Date: Thomas E. Lynch Mayor Witness Witness Attest: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ Approved as to Legal day of , Sufficiency and Form by (name of officer or agent, title of officer or agent), of ( name of corporation acknowledging) , a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) ( a s identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Signature of Acknowledger Typed, Printed or Stamped Page 3 .. 1.<1' . " - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf!l;1./f SUBJECT: AGENDA ITEM * q ~ - MEETING OF OCTOBER 27. 1992 APPOINTMENT OF A COMMISSION MEMBER TO THE METROPOLITAN PLAN- NING ORGANIZATION DATE: OCTOBER 23, 1992 This item is before you to appoint a Commission member to represent the City on the Metropolitan Planning Organization. Commissioner Andrews is currently the City's representative. Florida Statutes require the MPO member be an elected official. Additionally, the Commission should also appoint an alternate member. Recommend appointment of primary and alternate members to the Metropolitan Planning Organization. .. "I . /L/ ~ 7 (;1C~ '1\.-(,,- METROPOLITAN PLANNING ORGANIZATIO[\! OF PALM BEACH COUNTY 160 Australian Avenue, SUite 201, West Palm Beach, Florida 33406 Tel (407) 6B4.,\ 170 October 15, 1992 F~ E {-; :::.: I \I ~: (') -.- --.-:.- OCf , 9 1992 Mr. David Harden, City Manager CITY tV1M.L't.q.S OFFICE City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 RE: MPO MEMBER APPOINTMENT Dear Mr. Harden: Due to the recent elections, it appears the elected officials representing your municipality will no longer be a member of your council. Flori da Statutes require the MPO member be an elected official. Please have your council appoint one member to the MPO in order to represent your city and one alternate. The MPO meets on the third Thursday of each month at 9:00a.m. in the County Government Center. The next meet i ng is scheduled for November 19. Please provide us with the member's name and address so we are able to send an agenda package prior to the meeting. A telephone number is also requested to contact members for cancellations and/or attendance prior to the meeting date. If you have any questions, please contact me. Sincerely, ~~eld' Director RMW:pvn P~242J, Wc~l ratm Beach71"1ortda'~~4"29 " 1.'1' . ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t',Jv\ SUBJECT: AGENDA ITEM II 9 K - MEETING OF OCTOBER 27, 1992 APPOINTMENT OF ALTERNATE MEMBER TO CODE ENFORCEMENT BOARD DATE: OCTOBER 23, 1992 On July 21, 1992, the City Commission responded to a request for direction regarding the non-attendance of alternate members at Code Enforcement Board meetings. The Commission determined that the three existing alternates (John Goodman, Catherine Newkirk and Fred Fetzer) were to be removed and contacted to verify their ability to attend meetings when needed. The City Commission would then either reappoint two of these members or appoint new alternates. Ms. Newkirk did not respond to the letter which was sent nor to telephone calls. Mr. Fetzer indicated he would no longer be able to attend meetings. At the October 13, 1992, regular meeting, Commissioner Andrews reappointed John Goodman to serve as one of the alternate members. Commissioner Randolph requested postponement of his appointment to the next regular meeting. Section 37.15 of the City's Code states: "Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor." Also, each regular and alternate member of the Code Enforcement Board must be a resident of the city. The following persons have submitted their applications for your consideration: Richard Brautigan David Henninger Rosalind Murray Joann Peart Sid Soloway Anthony Veltri Horace Waldman Stanley Watsky Pursuant to Commission direction, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations. Based upon the rotation system, the appointment of a layperson to the second alternate position will be made by Commissioner Randolph (Seat t/4) . Recommend appointment of a layperson to serve as the second alternate member on the Code Enforcement Board for the term ending January 14, 1993. ,. .. - - -4 CITY OF DELRAY BEACH - BOARD MEMBER APPLICATION U 4u', p L~ W t; N "I J N C.,.;= <- NAME loO)... ~c)N~ 1-/1f'.J€- Di2. \)C<-I2A.l ~~AC h. 3~4~'-f HOME STREET ADDRESS, CITY, ZIP (LEGAL RES DENCE) tD I S. CJ),,/ (, I?~~s. AUE- --C>e:u'"'2/9--f 73x: 1+ '5 ~ <-/ c.flt- PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP - - 2.7~-gOC,9 L. 7<g'- S2.32- HOME PHONE BUSINESS PHONE ON W~T BOARDS ARE YOU INTERES~A ~~RVING L 1 VI' L (lE~"i(.~ aD~ /?/"'IR.JtZLtZh'\.#N-r-' ~ '" LIST ALL CITY BOARDS ON WHICH YOU ARE CURREN~LY SERVING OR HAVE PREVIOUSLY. SERVED (Please inolude da tes) (' aN s. T""Q..u C-Ti 0 U ~PF€AL<... ! (I ~ J -~ <.:, p8::J j. L_ EDUCA TIONAL QUALIFICATIONS ~1""'At;I4UP.r/. 1+. <;. . FT L,4JP I~ f4 '- FLDnl'JA. v"---rl ~r-"c.... U.lL~1 () ~ 13 A. ,GIL- I EA<.""'N ~ 9-' (L f""TF.f( I(),. 'rf:.. Us, n..;::::' /.\ In. lJ "" I v~ ~ I 1-1 tctl-'1 LIST ANY RELATED PROFESSIONAL CERTI'ICATIO~S AND LICENSES WHICH YOU HOLD. 5~TE c..'-A-$~_...A.-A-in.. <:!.oNOtTtor-il""~ l tL ~ CAC.d 2S'391 ----- - , GIV~ YOUR PRESENT, OR HOST RECEIfT EMPLOYER, AND POSITION })fZZS)OF~t-, ~. \ _~ r::- e~1'T ~ ? A 172.. C r\t"<l 0 I -.I .I:J"..J 1- f'( 1 :t: f""i L - . DESCRIBE EIPBRIENCES', SKILLS OR ltNOWLEDqS WHICH QUALIFY YOU TO SERVE ON THIS BOARD. ~/'~ ~~ ~~~ ~~~ ;?';~ Hf'~'''~ ~,t -- .~." ~- ~~ --- - -,,";;- ..~, :":: -7 o c.&.I " ,,.... 'S A cs Sac.. .. PLEASE ATTACIf." "J~'Jf.aulI". I HERBBY CEBTI.~!.A. ALL T.a ABO'. STATEMENTS ARI TROI, AID I AOREB AND UNDERSTAND THAr A..MISSTAfllll.~ or MATIRIAL FACTS COITAINID IK TBIS AP. PLICATIO. MA! CAusa rOIPI1TU.. 0.0. MY PAIT or AI! APPOIITMBN? I MAY RECIIY.. '~~IF--= '3 - , - if DAT" (, .. ....-- .... . ,~ "'. .. . .. - ..4 -. ; .~ -::;';;:I~c1'" " '. '.'1' . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 27. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE PROCEDURAL AGENDA IS AMENDED TO CORRECT: 5. Approval of Regular minutes of - None. THE REGULAR AGENDA IS AMENDED TO INCLUDE: L. APPOINTMENT OF AN ALTERNATE MEMBER TO THE CIVIL SERVICE BOARD: Appoint an alternate member to the Civil Service Board to fill the vacancy created by the resignation of Helen Bartholomewj to a term ending July 11 1994. " ';1' . . [IT' DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 2UU NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 Ft\CSlt>IILE 4U7;278-1755 MEMORANDUM Date: October 27, 1992 To: City Commission Assistant City Attorne~ From: David N. Tolces, Subject: Emergency Appointment of Member to the Civil Service Board There is an existing vacancy for an alternate on the Civil Service Board with an expiration date of July 1, 1994. Helen Bartholomew, an alternate to the Civil Service Board, tendered her resignation today. The Civil Service Board is scheduled to meet tomorrow, October 28, 1992, to consider an appeal brought by a city employee. In order to hear the appeal it is necessary that the full five member board be seated. Therefore, it is important that the Commission appoint a member at tonight's meeting. According to the Civil Service Act, there are to be five ( 5 ) regular members on the Civil Service Board; three ( 3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise, and appointed by the City Commission. In addition, the Act provides for two ( 2 ) alternate members to the Board. A person need not be a resident, property owner or business owner within the City. The following have expressed an interest in appointment and have submitted their applications and resumes for consideration: Donald Allgrove Sally Antonelli David I. Cohen Robert P. Ferrell Melvin Hirth Murray Kalish Lorraine Kasper Leo Koppman Rosalind Murray Milford Ross Murray Sohmer Ben Stackhouse Horace Waldman Donald Zimmerman Due to the timing of this appointment, no specific advertising has occurred with regard to this board position. I have spoken with the clerk's office and am assured that this is a complete qL. '. '.'1' . list of applicants. However, the clerk's office was not able to conduct a check for code violations and property liens. Based upon the rotation system, the appointment for the alternate will be made by Commissioner William Andrews (Seat #3) . .. HI_ ~~'b- ~'"I) '9~~ - \ ~ ~~ ~ ~~ q.c.U>..'"l : ~~ ~ ~~~~r, ~~. , ~~Q~~I ...\ ~ ~~ ~t- ~f ~O~ Lh ~ ~~ ~~t"\~ cnu -\:.h~ ~ ~~ ~,~~. c \1~.e~~'~~i:lN,.~ .. ';1 . CIty 0' DELIAY I.ACI . aOA'D MEMIE' ,"LICATrO' ~ob.re P. F.r~ell - - ~.HtE J.f ~ / 7 &v<d' J'J'-u'~ w.J.A:.7 Pal /'~'- ~..it. ~!. 3J I..f / } :!U'v~t' l!e4J... l!4 ~.fi... '.:.,""1;8. gelray a.un, ~3,"83 -- HOME StREET ADDRESS:-CItt. ZIP (~EC'L RESIOENCE) Palm aeach County Sheriff's Offi:!l-1228 Cun ~~~t_!!lm !ea~h. FL 33.':6 ?RIHCIPLE BUSINESS STIEET ADDRESS, CITY, ZIP - -- ------ L(07 . ~ ~~-'~ 0'80 ~., I .).11"1 ROMI PHONI BUSlNISS PHON I ON WHAT BOAIDS 'II YOU INTIIISTIO IN SilVINO Q.._.. l.tat.iofU.. PDC, __ (";\1; t ~.rv;~. (Qth.~I...:f n..<1.<1) _ - LIST ALL CITY 80AIOS O. WHICH rou All CUIIIMTLr SIIVI.O 01 HAVI '."IOUSLt SilVIO (Pl.... 1Dal~4. dat..) , Bovnton B.ach Co~itv R.latlon. 8o.~d 197' - -- EDUCAtIONAL QUALIrICATIONS H.S.~al!!-~~ro~~ ~~!~nc.~~. inJ~~~ .nforc....nt . pr.l.ntlL~t.S.!!!<1t.n. aar~y \Jnlve~uty ~_ t.C.lve d..ne -- - . ------- LIST ANr RILATID 'IOrISSIO.AL CIITIrrCAtIO'S AND LICe.SIS VlrCI roa HOLD. --..--.-..--- -- ------ -- aIVI rouI 'IISIIT, 01 MOSt IICIIT IM'LOYII, 'ID 'OSITIO. m.d.ia r~gftS. offie..~ . Sltadff'l Offic... Pala a..ch CO\Al\ty_ O!SCRIal II'IIII.CIS, SllLLa 01 IIOWLIOOI VHICI QOALIr., rOG TO SIIVI O!C tHIS 80AID. l4 v..r.in 1.. ~fo~e-- ~ vith v2L'-Jn co-.unlty r.lation., R.t.h'.d. ... Li.ut..ftaftt. vitti "'IIl~0III ......cll 'oHc.: ll.ct.. to 2 t.~ a. IoYfttoft __~acb Cit.v Co..i..iona~ . ..~".l~~ainin. and. ..Dert..nc. in co-.uftlty relation. and l~v enfOTCeMftC aa4 ...._C PLEASI ATtACI A 1111' IIIIMI. I Hllllr CIITIr., flA' ALL TI. AIO'I STATIMINTS 'II TIOI. l.D 1 AQIII ANO UNDIISTANO THAT Air MIII'ATIM..' or MATIRIAL 'ACTS COI'AIIID I' THIS AP. PLIC'TrOI M1Y C1DSI rOI'lltOI. U'OI M! PAIT 0' AI' &..OI.'MIIT I MAt RICIIVI. slfl ~'U ~~""Ab.4 ' ~ ~~ _5= ?-!l.~______ " SIOIATUII --- DATI '. . ROBERT PAUL ~BRRBLL 507 .... 13~h S~ree~ De1ray Beach, p10rida 33444 . Home Telephone: (407) 243-0602 Busines. Telephone: (407) 471-21'6 INFORMATION SUMMARY July 1964 to June 1972: Uni ted States Navy Submarine Service. Served on Nuclear Submarines. Top Secret Clearance, Honorable Discharge. June 1972 to March 1973: police Officer with the Key West Police Department. March 1973 to March 1974: Investigator with the Florida State Alcoholic Beverage Division. (Dade and Monroe County) ~ March 1974 to March 1984: Police Officer with the Boynton Beach police Department. Retired with the rank of Lieutenant. April 1979 to May 1984: Part time sales manager with United Republic Life Insurance Company. May 1984 to May 1986: State Sales Director - Uni ted Republ ic Life Insurance Company. March 1984 to November 1986: Elected to 2 terms as Vice Mayor and City Commissioner/Boynton Beach. Resigned early in second term to run for the Palm Beach County Commission, District '4. September 1986: Won the Republican Primary for County commission with 62% of the vote. November 1986: Received 41% of the vote in the general election against the Democratic incumbent county commissioner. November 1986 to December Self-employed Public Relations 1987: consultant. December 1987 to Present: Media Relations Officer/Spokesman for the Palm Beach County Sheriff's Office. Administrator - Special projects for Palm Beach County Sheriff's Office ,. '.1) . ~. ENFORCEMENT HISTORY Law Enforcement Awards: 1972 Police Officer of the Year. Monroe County 1977 Police Officer of the Year. Boynton Beach vietnam service Medal Chiefs Achievement Medal 10 Year Service Medal Exceptional Duty Medal Meritorious Service Medal 1978 Florida state Fraternal Order of Police - Member of the year. Other Related Activities: Served as President of Boynton Beach Fraternal Order of Police for 10 years. Served as President of Palm Beach County Fraternal Order of Police for 2 years. Served on Board of Directors of the Florida state Fraternal Order of Police for 3 years. Lobbyist to the Florida Legislature for 5 years in criminal justice matters. project Representative for the Governor's HELP STOP CRIME program. Contract Negotiator for the Boynton Beach Police Department. Assistant District Director for Fraternal Order of Police District 4 (7 counties). Member of the Florida Community Relations Officers Association. Member of Florida Law Enforcement Public Information Officers Association " .., Member - Florida Government Communicators Association Member - Palm Beach County Association of Chiefs of Police " '.q . . GOVERNMENT EXPBRIBHCB 1976 - 1981: Member Boynton Beach Community Relations Board. 1976 - 1984: LObbyist to Florida Legislature for Fraternal Order of Police. 1976 - 1984: Member - Legislative Affairs Committee for Fraternal Order of Police (State of Florida). Also member of Candidate Screening Committee. 1984 - 1986: Elected to Boynton Beach City commission. Appointed Vice Mayor by other Commissioners. 1985 - 1987: Re-elected to Boynton Beach City Commission (resigned to run after 1 year due to district implementation. Appointed Vice Mayor by other Commissioners. 1984 - 1987: Member Board of Directors, South Central Regional Wastewater Board. Vice Chairman in 1984 and 1985. Chairman of Board 1985. 1984 - 1985: Alt. Representative to Palm Beach County Municipal League. 1984 - 1987: City Representative to South County Council of Government. 1983 - 1985: Elected to Palm Beach County Democratic Executive Committee. 1984 - 1987: Member, Florida League of Cities Ethics and Personnel Committee 1985: Representative to National League of Cities. 1985 - 1986: Chairman of South County Council of Government. 1986 - 1987: Re-elected without opposition as Chairman of South County Council of Government. 1986 - 1987: Representative on Palm Beach County Metropolitan Planning Organization " ,.If' . . 1986 - 1987: Member of Visions 2000 Committee. 1986 - 1987: Member of National Committee to save social Security and Medicare. 1987 - 1988: Member Boynton Beach Chamber of Commerce Governmental Affairs Committee. 1988: Chairman Boynton Beach Chamber of Commerce Government Affairs Committee. 1987 - 1988: Boynton Beach Chamber of Commerce Board of Directors. 1988 - 1992: Elected to Republican Executive Committee of Palm Beach County. 1989 - 1991: Member Delray Beach Human Relations Committee. Appointed by Mayor and City Commission. Elected Vice Chairman June 1989. Elected Chairman October 1989. 1990 - 1991: Pres ident - Communications organization of the Palms. COMMUNITY INVOLVEMENT In addition to the Law Enforcement groups aforementioned, I was involved in the following organizations: Boynton Beach Community Relations Board Member. Coach and Manager, Boynton Beach Little League - 6 years. Vice President, Boynton Beach Little League - J years. Coach and Manager, YMCA Youth Football League - 6 years. Area Chairman, National Child Safety Council - 2 years. Area Chairman, National Leukemia Foundation - 1 year. Palm Beach Fraternal Order of Police Chairman, Easter Seals Telethon - 4 years. Boynton Beach Lions Club - 6 years, inClUding Jrd Vice President 2nd Vice President '. '" . . 1st vice President President Boynton Beach American Legion Post 164 Vietnam Veterans of America Member of Chamber of Commerce in: Boynton Beach Delray Beach Boca Raton West Palm Beach Lake Worth Lantana Jupiter-Tequesta March of Dimes Jail & Bail cystic Fibrosis Drive Committee Member, Palm Beach County Substance Abuse Program ". (l988 - 1990) Leukemia Society celebrity Waiter (l985 - 1989) Committee Memb~r, FORE Committee to raise funds for Substance Abuse Chairman, Sheriff's Office Blood Bank Drives PERSONAL Date of Birth: June 8, 1946 Marital Status: Married to Tracee Alexander Ferrell Child: One son - Robert Jr. Born - 6/14/68 : " "f' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!lI1 SUBJECT: AGENDA ITEM * loA - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 53-92 DATE: OCTOBER 23, 1992 This is the second reading of an ordinance amending Ordinance No. 70-89 to provide that no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than 3,250 square feet of gross floor area. Ordinance No. 70-89 designated the Fontaine Fox House as an Historic Site and placed it on the Register of Historic Places. The site consists of three lots. The western lot is vacant and faces Andrews Avenue. The center lot contains a historic single family dwelling and three guest cottages and is located on the west side of AlA. An eastern lot, also located east of AlA, is vacant. In June 1990, the Historic Preservation Board (HPB) approved plans for a 2,400 square foot dwelling to be constructed on the beach lot. Subsequently, the property was sold and the new owner requested an amendment to Ordinance No. 70-89 to allow an 850 square foot addition to the gross floor area, using the footprint of the originally approved site plan. On Oc tober 13, 1992, at first reading of the ordinance, Commissioner Andrews requested information pertaining to property north of the Fox House site. Attached is a memorandum in response to that request. The HPB conducted a preliminary evaluation to determine the effect the proposed amendment would have on the Historic Designation Report and found that the amendment conformed, with the exception of floor area, density and height. The HPB also concluded that the amendment would not negatively effect the historic house to the west of AlA, or the historic site as a whole. A public hearing was conducted on September 16, 1992 at which several members of the public spoke in opposition to the amendment. The Historic Preservation Board recommended approval of the amendment by a 5-2 vote (Pat Healy-Golembe and James Miller dissenting). Recommend approval of Ordinance No. 53-92 on second and final reading. i-~ on ;}nD ~ d t6 / ( fwndtJf;A ~), , . . MEMORANDUM DATE: OCTOBER 21, 1992 TO: ALISON MACGREGOR HARTY, CITY CLERK ~ , FROM: PAT CAYCEr;J" SUBJECT: INFORMATION REQUESTED BY COMMISSIONER ANDREWS RE: ORDINANCE 53-92 FOR CITY COMMISSION MEETING, OCTOBER 27, 1992. The property located 2 lots north of the beach lot on the Fontaine Fox Historic Site is owned by Jack Eichelberger. The address of the property is 701 N. Ocean Blvd. The building was permitted in 1990 but is still under construction. It is a single family residence and contains a total of 7,404.5 square feet. Phone if you need any additional information, 7284. '. . - - ORDINANCE NO. 53-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2, REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89, TO PROVIDE FOR A CHANGE IN THE GROSS FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach unanimously approved Ordinance No. 70-89 on October 24, 1989; and, WHEREAS, in June, 1992, a request was received to amend Ordinance No. 70-89 to allow an 850 square foot addition to the gross floor area of the Fontaine Fox House, resulting in a dwelling with a total of 3,250 gross square feet; and, WHEREAS, on September 16, 1992, the Historic Preservation Board conducted a public hearing on the proposal to change the gross floor area from two thousand four hundred (2,400) square feet to three thousand two hundred and fifty (3,250) square feet1 and, WHEREAS, the Historic Preservation Board voted to recommend to i the City Commission that Ordinance No. 70-89 be amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Section 2, Requirements of Designatio~ " Paragraph 2 of Ordinance No. 70-89 of the City of Delray Beach, Florida, 'I passed and adopted on October 24, 1989, be, and the same is hereby amended to read as follows: 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than tw~/t~~~sa~d//a~d/f~~t/~~~dted//A2i400Y three thousand two hundred and fifty (3,250) square feet of gross floor area. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 ~ decision shall not affect the validity of the remainder hereof as a :1 whole or part thereof other than the part declared to be invalid. ! i 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. I 'i .1 MAYOR :i I ATTEST: II City Clerk I First Reading I Second Reading 6 I, II . - ^' . _I , C I T Y COM MIS S ION DOC U MEN TAT ION TO: C:~EY:ITY MANAGER THRU: D ID J. KOVACS, D~ DEPARTMENT OF PLANNING AND ZONING ~~ FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF OCTOBER 13, 1992 AMENDMENT TO ORDINANCE NO. 70-89 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is to amend Section 2, Paragraph 2 of Ordinance No. 70-89. BACKGROUND: Ordinance 70-89, which is attached, designated the Fontaine Fox Historic Site to the Local Register of Historic Places. The site consists of 3 lots: the western lot faces Andrews Avenue and is vacant; the center lot, located on the west side of AlA, contains an historic single family dwelling and 3 guest cottages; the eastern lot is located on the east side of AlA. The street address for the Fontaine Fox Historic Site is 610 N. Ocean Boulevard. Section 2, paragraph (2 ) of the Ordinance states that "no dwelling unit used or developed east of State Road A-I-A ( the eastern lot) shall contain more than 2400 square feet of gross floor area". June 18, 1990: The Historic Preservation Board approved plans for a 2400 square foot dwelling to be constructed on the beach lot by the owners, Joyce and Roderick Wilson. Before construction commenced, the lot and approved plans were sold to Mr. Salah Sawaya. December 18, 1991: Mr. Sawaya obtained a COA to redesign the exterior of the proposed residence while retaining the previously approved footprint and the maximum 2400 square feet of gross total floor area. June of 1992,: David Martin, authorized agent for Salah Sawaya, requested an amendment to Ordinance NO. 70-89 to allow an 850 square foot addition to the gross floor area, resulting in a dwelling with a total of 3,250 gross square feet. The building's footprint on the originally approved site plan will remain '. . City Commission Documentation Request to amend Ordinance No. 70-89. Page 2 unchanged. August 5, 1992: The HPB conducted a preliminary evaluation to determine the effect the amendment would have on the Designation Report, on which Ordinance 70-89 is based. The preliminary evaluation revealed that the amendment conformed to the Designation Report, with one exception, pursuant to Section 4.5.1(C) (3) (b) of the LDRs which pertains to floor area, density and height. The HPB was also of the opinion that the amendment would not negatively effect the historic house to the west of A-I-A, or the historic site as a whole. The applicant was advised to proceed with a Public Hearing. Pursuant to Section 2.4.2(B) (1) (b) a notice was sent to property owners within a 500' radius and was published in the Delray News on September 5, 1992. . September 16, 1992: The HPB conducted a Public Hearing to gain input regarding the proposed amendment. There were no comments in favor of the amendment. Mr. John Washburn, contractor for Mr. Jack Eichelberger, spoke against the amendment. Mr & Mrs Eichelberger are constructing a residence on the second lot to the nor~h of the subject property. A letter of opposition from Mr. Eichelberger was read into the record, and is attached. The Historic Preservation Board voted to recommend to the City Commission that Ordinance No. 70-89 be amended. The vote was 5-2, Pat Healy-Golembe and James Miller dissenting.. RECOMMENDED ACTION: Amend Section 2, Paragraph 2 of Ordinance No. 70-89, to allow a residence with a total of 3,250 gross square feet of floor area to be constructed, within the approved footprint, on the lot east of State Road A-I-A which is located within the locally designated Fontaine Fox Historic Site. Attachments: Ordinance No. 70-89 Designation Report; Fontaine Fox Historic Site Letter from Jack Eichelberber, September 15, 1992 o V08/l4 05: 15 ...-' --... - - P. 1 LAW O'IfICES lAC" W. BICHBLBEROeR !5UITR III 0 I<~A'Ha TOWER CMYTDN. 01'11045-423 Tt\.E~OHtt: T[l.~PHOrn: (5IS) 22".()1!J <" i) U~7U september 11. 1992 Historic Preservation Boord City of Delray Beach 100 N.W. 1st Avenue D@llray Belich, P'lo~ida 33444 REI PROPOSEO ADDITIONAL VARIANCE REQUEST OF LOT I, OCEAN APPLE ESTATES, FONTAINE FOX HISTORIC SITE TO WHOM IT MAY CONCERNs To allow anothe~ variance of the above captioned lot ia ludicrous. The undergigned attorney and hi. wife purchased the property that lies two lots north of subject property in the 1970's. We bought our property with absolute assurance th4t the two pieces of property to the south of us were unbuild~ble lota and therefore there would be no dwelling& between our lond and the public beach. Then to our com~lete surpri8e the southern most lot WaS granted a variance to build a 2400 square feet house ~n the first lot north of the ~ublic 8@Qch on the Qaet. $ ide, of Stat. Road A~lA. We were never informed at any time ot any hearing or proceeding concerning that 2400 square foot decision. We heard recently that that decision involved some limiting of houalng lot$ west of A-l-A in the Fontaine Fox Historic Site. It should be noted besides the 2400 square foot grant on Wthe non buildable lot- a variation from the side yard set back requirements was al.o allowed to the effect of eliminating the twelve foot set back requirements and in its Dlace instituting construction ~llowance of a single family detached dwelling within five feet of the south property line ~nd within five teet of the north property line. As if that is not enough for the owners of Lot 1 to receive on that day (October 29, 1989),they also obtained another vari~nce--TO WIT I the waiver of the 80 foot right- of-way requi~ement tor State Road A-l~^. (nex~ page. please) ., 01/08/14 05: 16 -t..... t.,'......- P. :2 Page two Historic PreservAtion Board September l~, 1992 Now the Owne~8 of Lot 1 want more. They now want to increase their 2400 square feet by over 33' or 850 square feet. This would make a total of 3,250 square feet and more important it would add the square footage to fOrm a ..cond floor. This would make the dwelling a full residence inlteo~ of a "beAch house". We are currently building a home at 701 N. Ocecn Boule- vard which is a8 previously noted two lota north of Lot 1. We have spent a lot of money designing our house specifically believing th4t we had two unbuildable lote to the south. We had our architect design plana to that eff~ct with certain rooms facing south. Now not only hel the city of Delray allowed a 2400 square foot ~welling but now are being asked to grant ~nother 850 square feet to build a second floor. It ia just not fai~. We could have really used a variance of five feet on both north and south Bide yard set backs on our hou.. but we figured that these zoning requir~ments were set in ~onc~ete by the City of Delray. Is the next request going to be a varian~e on the 'UR- buildable" lot right next to us and to the north of Lot 11 In conclu.1on, we strongly oppose any variance as there is no nece..ity and it wou14 be detrim~ntal to U8 in that 0 second floor or additional square footage ~ould defeat the plana we mede in good faith. ~Q .ay that there 1e no necessity for 8 variance, we have not really thoroughly checked into the trade-ofle on the first three variances of October 29, 1989 but we know there 18 no trade-off or benefit to the city or the hi.tor1e district to allow this new request. - We also question the reason tor a Historic District if varienc.. oan be granted at any time. We would also point out that any variance g~ented would open the door for a myriad of additional variance requelte. These variances mu.t stop now. I ~o wish to emph~8ize that 1 have received complete co-op- eration and courteous treatment in a profe99iona1 way from Pat Cayce, Delray Beach's Historical Preservation Planner. Sincerely, ~S1~lbe~8r - ttorney at Law "Wilde I I )~:N~~:E NO. 7~-e3 ,~l{ 'J?:n~:'\.NCe OF THE CITY :~MMISS:ON OF TIlE CITY .:'>F m:'LAA'l '3E~CH. F!.OP. I u~ , ;)ES:GN~-=ING TIlE: ?ROPF.RTY r~~o',ffl ,\S '!'HE FON'TJ.INE FOX HOUSE LOC~TED AT 610 N. :;Cu..N OOULEV ARO, WHICH IS MORE FULLY DESCRIBED IN EX}{:SI': 1 TO THIS ORDIN>>ICE, ~S A LOCAL HISTORIC ~:':'"C; PROVIDING FeR CERTAIN REQUIREMENTS OF DESIGNA- TION; t>ROVIOING FO~ THE .\m:NDMEN'I' OP THE "ZONING MAP OF tEt.R.'.y BEACH. FLORIDA, 198)" TO SHOW, IN ~ flVERLAY MJ>.NNER SAID DESIGNATION; PROVIDING A NON- SEVE.IV.BILITY CLAUS!; PROVIDING ,)Jf EFFECTIVE DATE; .\ND PROVIDING FOR" SUNSE'r PROV1SIOH. WHEREAS, Chapter 174 of the City cf Code of the City of Delray Deach provides for the designation ~nd protection of historic sites: ~ \oI1lERE1o.S, the owners of the Fontaine Fox House, a horne designee ty noted ~outh Florida ~rchitect John VOIK for famed cartoonist and City of Del ray BAach resident Fontaine Fox, have nominated the Fontaloe Fox Hf)use to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. '..niEREAS, the Historic freservation B~ard of :he City of Delray Beach prepared a ~esiqnation report fer the designation of Fontaine Fox House as an historic site and held a duly noticed public hearing 1n ~e9ard to the designation of the property as an historic site at ~hich no member of the public spolte tn oppoal tioD to the desiqnation of tbe property as an historic site; and, IofflEREAS , the Historic rreservation Board of the City of Delray Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and ....aivers proposed by the o'alner/applicant in the nomination/designation report: and WHERUS , the City COmnUssion of the City of Oelray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, rnERE.FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIT'( OF DELRA't BEACH, FLORIDA, 1o.S FOLLOWS: Sect ton 1. Destgnation. The Fontalne Fox House h located At 610 N. Ocean which is legally described on the survey whicb is attached ~nd incor~orated into this Ordinance as Exhibit 1 and is hereby designated aa the Fontaine Fox Historic Site in accordance ....ith and under the provisions of Chapter 174 Qf the Ci ty Code of the City ::>f Dc1ray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. j Notwithstanding any provision of the City Code of the City cf oelray Beach aDd any other provisi.on of this Ordinance, the fo 11 0"" i nq requirements shall apply to the use and development of the Fontaine Fox Historic Site: I I 1) no more than three (3) dwelling units shall be used and / develo~ed within the boundaries of the Fontaine Fox Historic Site; I , ~nd, I I I 2\ no nwel11ng unit used or developed on that portion of the I ! Fontaine Fox Historic Site which lies east of State Road "'-1-'" shall ~ontain more than two thousand and four hundred 12,400) square feet of gross floor area. I I ., ' - ..... , ,- -'. . - ~ -. - . .. ' " I !:ectlon ). 7l'Ia ... tho P14nn~n9 Db Getor of the r:'ity o! Del I BeAch, Florida, ShA~l. upon the effective date of this ordinance, amCflC the :~nLnQ m~p of =elray Beach, ?lorl.1a, to shc~, 1n an overlay manner, I the above dcsiq~ation. I !I SI:!~ticn ~. 5e'/erability. It ls the intent10n of the City CO:ml.l.ss10n of the C1ty of ~ Delray 8each that t~:s 0rdinance :lnd each every of its term:: be con- sidered a part of a ~in~le ~hole and that the Ordinance not be severable and ':hat if a court of competent jurisdiction finds that any section cf I this Ordinance is anlawf'Jl <::lr ul"lenforceable the Ordinance shall t:e unenfor~eable in its entirety. Section S. Effecti.ve Date. - This Ordinance shall become effective upon adoption on seconc and final readinq. Section 6. Sunset Provision. This Ordinance sha 11 expire andJ t-e of no further leqal force and effe<:t sixty 160) t1ays after its ,~ffective date unless the o'.m~r / applicant of the Fontaine Fox Historic Site has obtained the follo~i~g vari~~ces and necessary ~aivers: l. ~ variation fro~ the mloicum lot area requirements of the ~-1-~ zonin9 district to allow the construction of a sin91. t AJIllly detached dwelling on thAt portion of the F'Jntainet Foy. Histor1c Site that lies east of State Roa~ "'-1-"'; and 2. a variation f r 0llI the side yard setbaCk requirements of th~ R-l-~ zon1ng district to allow the constC\lct.l.on a 51n91e family detached dwellin9 within five 15) feet the north property line and f1 Vet 15) feet of the souto property llne of that portion of the Fontaine Fox Historic Site which lies eas~ of State Road ...-1-.... ) . Waiver of the 80 toot right-of-way requirement for State ROJd "'-1-1\ within the bounduies of the Fontaine Folt Hi~tcric Site and the establishment of a 60 !oot right-of-way require:nent for the purposes of dny ~unlc~pal pe~it or development order. P"SSED >.. 'iD ~PTW in regular session on s~cood and f1 nal reading nn this the 2~thday of October~ ~1989. ! {,~- :;;.~~ 1".A'iCR ^ITEST: ~~ 4~ This instrument was prepared by: Jeffr~y S. Kurtz, City Attorney i F\.r~t; Readl.nq October 10, 1989 l(~ N.~. 1st Avenue Second Reading October 24, 1989 l'e 1 r!l y Bene h, FL 33444 I , ! ~ ()r.o . NO. 70-89 I I I, : - .. .. . . .' . '" ,'r . .. , ..--- - -.--.-....7-;,~.-:-.--:-.-- .,. .." , , ..... .,. 1--.. -- DESIGNATION REPO'RT ." ", ;i- Fox House (a.k.a. Ocean Apple Esta.tes) 610 N. Ocean Doulevard . -:I -- ... . - ,~ : . ~.. -- ~ ...-..:,...... ..... '" .. t.-:_. _..... . ' -. - - . --. . -.. ... - -. .. - - - - - -. -. .-- -- ----. - - - ~-_. ---- , . , . . ~ ( ----- DESIGNATI<;)N ~PORT. . ~. ' . - J 11 'S ,~, '. ... ' - ~ - .. - - " THE, FOX,HOU~E , : , - -, , " . r , '- .. ' ,. . ) aka "O~EAN' APPLE ESTATE", ' , .~ : . : '- 610 N. Ocean Boulevard#;D~lray Beach;-' I. PURPOSE " ~ -.' The purpose of designating the.- Fox.:.:.l!Q\lse i"~ 610.1.l{i.::,:.Ocean. .BouleV"'p1;d,~ to the Delray Beach Local Register of Historic Places' is ,to preserve the architectural and cultural significance of one of the city's most distinctive private residentia~ pceanfront estates, which is popularly known as the "Ocean Apple E'State" (hereinafter the "subject property"). A ,nomination for designation has been filed and considered by the Board (See Exhibit A) and a public hearing held pursuant to Chapter 174 of the city of Delray Beach zoning Code. II. LOCATION The Subject Property is located at 610 N. Ocean Boulevard Delray Beach. It is 2.5 acres more or less and is comprised of land on the oceanward and landward sides of state Road A-1-A. The Subject Property extends from the Atlantic Ocean to Andrews Boulevard. The legal description of the subject Property is described in Exhibit B. III. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The house is significant because of its architectural style, the man who first owned the Property and the man who des igned the improvements. The house was originally constructed for and owned by Fontaine Fox, a world-famous cartoonist. Designed by John Volk, it represents one of a few remaining "l?each" cottages reflecting the Cape Cod bungalow style typical of houses built on North Ocean Boulevard from Delray/Gulfstream to Manalapan. The Owner: Fontaine Fox In 1933, Fontaine Fox began purchasing the land for what would be known as 610 North Ocean Boulevard. By 1934, he owned all of lots 1, 2, 3, 4 and the north half of lot 5 of Palm Beach Shore Acres. The house itself is located on lot 3 and the north half of lot 4. Fontaine Fox commissioned John Volk, a personal friend, to design a house on North Ocean Boulevard. Fox, a cartoonist of both national and international acclaim, was best known for.his cartoon "Toonerville TrOlley". Launched in 1916, the cartoon was sy~dicated throughout' the world, appearing in several languages. ' . " 1 -- --- ---- -~ - --. - Born in 1884 in Louisville,' Kentucky, 'Fox began-; his-';career.as .... a cartoonist in grammar school, continuing throughout high school when he began working at the Louisville Herald as a reporter and cartoonist. After two years of study at the Univer-sity of Indiana, where he studied and drew cartoons part-time,'1 he :returned to Kentucky to work at the Louisville Times until the Chicago Post gave him national recognition and distribution in 1915. Much of the small town subject matter for his cartoons cam~from people he knew in then sUburban/rural Louisville. He moved to Delray in _..___ 1931, after having visited there in the 1920's. Fox, in coming to Delray, joined a number of well known artists and writers who -- by making Delray their home -- created an artists and writers colony. These people included the cartoonist Herb Roth (whose cartoons reflected. life in Delray), Wood Cowan, writers Hugh McNair Kahler, Clarence BUddington Kelland, Nina wilcox Putnam (whose articles published in Good Housekeeping magazine were illustrated by another Delray resident Anita Brown) and poet Edna st. vincent Millay. Fox made his s~udio on ~ne se~ond floor of the Arcade Tap Room, the hub of w1.nter actl.vity 1.n the town of Delray. He ultimately built two homes on North Ocean Boulevard. He was an accomplished golfer and the author of several books and articles, including a series which ran in many papers which;was based on his narrow escape in 1939 from war-torn Europe. During the war he was a member of the Division of pictorial Publicity. In 1951, Fontaine Fox sold the house at 610 North Ocean Boulevard to Alfred and Anne C. Hart. (Alfred died in 1958, and Anne C. Hart ultimately became Anne Hart Mott of the Mott Applesauce family.) Fox formally retired in 1954 and died at his home in Greenwich, Connecticut in 1964. The Delray Beach Historical society recently honored him at an exhibit shown at the "Cason cottage" Museum. The Architect: John Volk In the late 1930' s, Fontaine Fox, having had a long-tenn friendship with John Volk, commissioned him to design the house at 610 North Ocean Boulevard. Volk was also the architect of Fox's home just north of 610, as well as several others located in the immediate Delray/Gulfstream area including Ocean Boulevard, Seabreeze, and Palm Trail. Born in 1901 in Austria, Volk came to the United states when he was nine years old. He was a student at Columbia University School of Architecture as well as the world renowned Ecole des Beaux Arts in Paris. Volk continued to design homes until his death in 1984. John Volk arrived in Palm Beach in 1925 while Addison Mizner was building spanish and Mediterranean style mansions for wealthy 2 - -- --- '. I I . families. A prolific architect, he ~e~igned_ov~~1~Q09 ,houses, theatres, and buildings 'aIr over the -wet-lef. --'S-ome"ot' ~the 'world" ff' ' most powerful and wealthy people commissioned him to design their. " homes, including Will.ia'm 'Paley, George VaI)~e~bilt,~,-Henry' Ford II," , Herbert PUlitzer, Horace Dodge' II, and John ~,hiPPs'.~,i .',' ~-: ~ , Volk has often been called the last of the original Palm Beach architects which included Addison Mizner, Maurice Fatio, and Marion Sims Wyeth. In 1926, he formed a partnership with Gustav Haas which lasted almost ten years. Volk's homes, which number several hundred scattered along the coast, covered a broad range of designs from Spanish and Italian motifs to Normandy, Bermuda, Regent, Classical oriental, bungalow, and what he called British Colonial. Known to have "broken the excesses" of the Mediterranean style after the Depression, Volk began designing British Colonial houses that could be built for forty-five cents a square foot versus two dollars per square foot for the Spanish mansions. He related in an article in ~rchitectural Digest in 1972, "when the market crashed and the Depression followed, there wasn't a client in sight who wanted to build the elaborate Spanish house. Everyone was broke. Those who weren't, didn t t want to make a show of their money." It was during this period that the houses along North Ocean Boulevard were designed. volk designed some of the most prominerit buildings in the area, including the First National Bank building in Palm Beach, the Royal poinciana Plaza and Playhouse (which opened in 1?50, becoming the first new prOfessional theatre to bebuiltfn the United Stat-es -, since the Ethel Barrymore and the Adelphi Theatres opened their doors in 1928), the galleries and theatre fo~ the Society of the Four Arts, part of the Town Hall of Palm Beach, the Beach Club, Phipps Oenza, and Good Samaritan Hospital. In later years, he designed Paradise Island and was involved in early development of planned golf course communities such as Port Royale in Naples and Old Port Cove in North Palm Beach. , During the Mott family' s ownership, "the southerly portions of the land seaward of State Road A-1-A were conveyed to the City of Delray Beach in support of a beach stabilization and renourishment program. Recently the City commission of the city of Delray Beach voted to convey ten feet along the southerly border of the Subject Property east of state Road A-1-A back to the current property owner as a part of the property owner t s proposal to plat a buildable lot on the east side of State Road A-1-A. IV. PRESENT USE, CONDITION AND ZONING A. Present Use ' 3 --- ---. , . . I . The Subject property'~s imprmred with' a" two be.drodtD. principaL, residence, garage, swimming pool and three small guest cottages. The improvements were designed by renowned architect John Volk and was originally constructed in ~934. The :ilnprovements" to the" Subject - : " Property have been renovated ~n'accordance with the architectural theme and character of the original" design of the principal residence and the other improvements.- B. condition The structure is in very good condition. . - - - C. zoning -.- The current zoning of the Subject Property is R-l-AA. The Nomination submitted by the owner is subject to proposed conditional zoning regulations. v. IMPACT . This designation is being made at the request of the owner of the Subject Property. VI. RESOLUTION The Historic Preservation Board of the City of Delray Beach hereby finds and determines as follows: A. The Nomination for designatio~tof the Fox House as an historic site is appropriate and conforms with the standards and criteria of Chapter 174: Historic Preservation of the city of Delray Beach Code. B. The subject Property is appropriate for designation as an historic site because: 1) The subject Property is associated with the life or activities of a person of major importance to city, regional and national history in that the Subject Property served as a residence of famed cartoonist Fontaine Fox, a notable person in the history of the City of Delray Beach and the country. The Subject Property also served as a residence for the Mott family of applesauce fame; 2) The Subject Property exemplifies the social and historical trerids of the community in that the principal residence represents a lifestyle, quality of life and architectural character that once typified seasonal living in South Florida; -, - . - -- - - --, , - - - - 4 '. .. . . The principal residence on the Subject, Property has 3) architectural and aesthetic significance in that: a) The building por,trays ~he materials',-and design of, an era of dist~nctlve a~chitectural .~Yl~, t~.wit~: natural' wood reflective of . tradi.t:J6nal ~ cyPress construction. ,', b) The building reflects distinguishing characteristics of a style, period and method ~f construction, to wit, the building is reflective of traditIonal South Florida cypress homes that a~e n~ l~~ge~ extant. c) The building was designed by' renoWned Florida architect John Volk and represents one of the finest examples of this style and type of residential design by Mr. Volk. , d) The building contains design, detail, material and - craftsmanship of an outstanding quality which. represented, in its time, a significant innovation in adapti ve design for the South Florida environment. B. Such designation should be conditioned upon the adoption of the following zoning regulations: 1) notwithstanding the fact that the minimum lot size requirements of the R-1-AA District and the existing number of platted lots that make up the Subject Property would allow more than three (3) dwelling units, the total number of dwelling units that can be developed on the Subject Property shall not exceed three (3); 2) notwithstanding the minimum lot dimension requirements of the R-1-AA District, a single family detached dwelling may be constructed on the Subject Property east of State Road A-1-A, provided that the dwelling is constructed within the area designated by building lines depicted on Exhibit C attached to the Nomination, to wit no portion of the dwelling is constructed within five (5) feet of the north and south property lines: 3) notwithstanding any provision of the city of Delray Beach Code, the single family dwelling which may be constructed on the Subject Property east of State Road A-1-A through the Subject Property may not exceed twenty four hundred (2400) square feet: and 4) notwithstanding any provision of the City of Delray Beach Code, the right-of-way of State Road A-l-A shall be sixty (60) feet and no reservation of right of way in excess 5 .- !,.~ ; , ~ f' . 1- - ,'.,' . -- of the east half of sixty (60) feet sha:~~e~ required:"a's'::-:--'; ~~c~=:::-,- a condition of developmen.t. e~.~t -of sta~~,r~~d ~-+_-A." . ~ '; "'-. , ,._c\ " :"' r :, '. ,J. c. The Subject Property is untqu.a ~n regard .t~ ''1l confluence~ . C:.-- d. of circumstances that render it pote'l}t,ially;ut)buildable~nd~r '_. the current provisions of the R-l-~,District:'. . , I .. ~ . .. . .' . . . ..' ... D. The construction of a single family dwelling on the land ,: east of state Road A-l-A is consistent with the goals and purposes of the citypfDelray~o~J~g ~e~~h ~ode. , . - E. There is ~o other lot in the same zoning district that suffers from the same confluence of circumstances and the conditions and circumstances are peculiar to the Subject Property. These unique circumstances include,: a) the property being the southernmost of a long series of oceanfront lots which are improved with residences, b) the granting of an easement for public beach use over a substantial portion of the lot in support of a public program of beach stabilization and renourishment, and c) the establishment of an erosion control line divesting the owner of technical title to a substantial amount of,land area between the mean high tide line and the erosion control line to which the property owner retains riparian rights. F. Absent the conditional zoning regulations, the property owner will be deprived of the rights enjoyed by other properties in the same zoning district. G. The special conditions appurtenant=to the Subject Property are the result of public initiatives in regard to beach access, use and renourishment, initiatives that the owners of the subject property have supported arid contributed to by granting of beach access and use rights of way and acquiescing in the establishment of the erosion control line as a part of a renourishment program. , - = - - - -- - ~_._.- - " - ~ .' ------~--- -- . - -- . , I - - - - ~._-- - - -. 6 -- - --~- '. .., .---- '---:" - ,'- .' ,- -- ....(: , ..... . .. . . ,. ..-.. ... . ., - . . . , . - , -" . '. - , . ". .. .' ". . -...;,..,. ~ ':.. - , .. .. " ~ . . . 'denee south side. 1. Fox House, mnln reSl , --- ::: ----- . side nee, south ,side. --- 2. Fox House, maIO rc _ __ . '- - ~ 3. Fox House, mnin residence, west side (renr). , -- --. -- 4, Fox House, mnin residence, south side with view to occnn. - - -. -- -~ , - ......--. ----.--....--. --- " - -. ....... . . . , ... -.. - - .-.--..- ~ /'=~ _. - --- -- _:::::..-~_ _.4:"_ ~ ~~~,". .:...:~~' - - ---- -.-.-..... ..-... , -- , , 'i . ~ , , 5. Fox House, main residence, soulh side, upper balcony delail. -, - - - 6. Fox Huuse, ma;n residenc,e, front entranceway. ' -- -- , . . .-------- , ,-- - . 7. Fox House, main residence, southeast corner detail. 8. Fox House, main residence, south side with guest collage. '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ("A 1 SUBJECT: AGENDA ITEM it /0 ../3 - MEETING OF OCTOBER 27, 1992 ORDINANCE NO. 52-92 DATE: OCTOBER 23, 1992 This is the second reading of an ordinance which amends Section 33.62(C)(6)(a) of the City's Code (relative to Police and Fire pension plan) to change the mandatory submission of an annual medical report by a disability retiree to require the submission only if directed by the Board of Trustees. This proposal was considered by the Commission on July 21, 1992, at which time the Commission expressed support for changing the requirement for the medical certification, provided that the balance of the annual report pertaining to statement of earnings would still be required of a disability retiree. As indicated by the City Attorney, the proposed ordinance meets the requirements discussed by the City Commission as well as those of the Police and Fire Board of Trustees. Recommend approval of Ordinance No. 52-92 on second and final reading. 4-0 ,. . . " --tc~",-^ - --- '.- / / - '_-c / ~:;-:- '-:"'- !ti:.~ ~,I~~~ k--;-/ [ITY DF DELHAY BEA[H .~.l- -,' '-0-' '-1,.<-"""" - I _~.I""" ;' ^ CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE' DELRAY BEACH, FLORIDA ))444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM RECEIVED DATE: September 22, 1992 SEP 2 .) 1992 TO: City Commission CITY MANAG~Q'S OFFICE FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Ordinance Amending the City's Ordinance Relating to Provision of Medical Reports - Police and Fire Pension Board . Previously, the City Commission in concept agreed to a change in the Police and Fire Pension Board requirement for the submission of mandatory medical reports. The City Commission in concept approved of the Board of Trustee's request for submission of medical reports if requested by the Board of Trustees. Attached hereto, please find an ordinance that has been reviewed by the Pension Board and determined to meet their require1rtents which meets the concept discussed by the City Commission. ! By copy of this memorandum to David Harden, City Manager, our office is requesting that this ordinance be placed on a City Commiss n agenda for approval. ~,.." cc ' ,-. .' i .' J'" (:1 ty Manager Po ce'and Fire Pension Board Alison MacGregor Harty, City Clerk " '.'1' - - ORDINANCE NO. 52-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBSECTION 33.62(C), "DISABILITY RETIREMENT PROVISIONS", BY AMENDING SUBSECTION 33.62(C) (6) (a), TO PROVIDE THAT AN ANNUAL MEDICAL REPORT SHALL BE SUBMITTED IF REQUESTED BY THE POLICE AND FIRE BOARD OF TRUSTEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", Section 33.62, "Benefit Amounts and Eligibility" , Subsection 33.62(C), "Disability Retirement Provisions", is hereby amended by amending subsection 33.62(C)(6)(a), to read as follows: (6) Annual report by disability retiree. (a) Each person currently receiving disability retirement benefits and each person who first qualifies for disability retirement benefits ~ri//~t/l.ttetlltKel/etteit!Ye/14.tel/~t/ltK!~ .i~iK.ptet shall be required to submit to the Board of Trustees no later than March 1 of each calendar year a signed and notarized report which includes, but is not limited to, the following information: 1. Upon request of the Board of Trustees, ~ a medical report from the disability retiree's physician stating whether the retiree is still incapacitated to perform the regular and continuous duties of a police officer or firefighter shall be submitted to the Board. The required physician's statement must be dated within four months of the ~.tiK//l/tep~tt 4U4J.Ute request. 2. A statement showing the amount the disability retiree received in the immediately preceding calendar year from the following sources: a. Social security (primary insurance amount only, not including f ami! y benefits) ; b. Workers' compensation (excluding medical reimbursements); and " c. t.iM/i.pl;,it//~K!iM/p.!4//M!.//.ri, ,- ifompensation for work performed during the year. Copies of all IRS W-2 forms from each employer shall be required for this purpose. 'I Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same 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 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. 52-92 . " . - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fi...."fL ( v I I SUBJECT: AGENDA ITEM * /0 ~ - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 14-92 DATE: OCTOBER 23, 1992 This is the second reading of an ordinance which amends Section 33.66 (Finances and Fund Management) of the City's Code, specifically subsection (E)(2)(b), to provide that the Police and Fire Board of Trustees may invest up to sixty percent (60%) of the Trust Fund's assets in common or capital stock. The code currently provides that not more than fifty (50%) of the assets may be invested in this manner. This proposal was previously considered by the Commission on April 28, 1992, at which time certain aspects of the proposed amendments were deferred for further study. The Commission indicated they would be in favor of increasing the amount of investment from 50% to 60% as well as certain grammatical and verbiage changes to the or~inance, provided that mutually acceptable language could be arrived at. While discussions remain ongoing as to certain verbiage, staff feels it appropriate to proceed with the ordinance to permit the 50% to 60% investment increase. Recommend approval of Ordinance No. 14-92 on second and final reading. '-/-0 '. . . . ORDINANCE NO. 14-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SECTION 33.66, "FINANCES AND FUND MANAGEMENT", BY AMENDING SUBSECTION (E) (2) (b), TO PROVIDE THAT THE BOARD OF TRUSTEES MAY INVEST UP TO SIXTY PERCENT (60%) OF THE TRUST FUND'S ASSETS IN COMMON OR CAP IT AL STOCK; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 33, "Police and Fire Departments", Subheading "Pensions", Section 33.66, "Finances and Fund Management", Subsection (E)(2)(b), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) The Board of Trustees may invest and reinvest the assets of the Trust Fund in bonds. stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state, or organized territory of the United States or the District of Columbia, provided: (a) The corporation is listed on anyone or more of the recognized national stock exchanges and holds a rating in one, of the three highest classifications by a major rating service. (b) The Board of Trustees shall not invest more than five percent (5%) of its assets in the cOlDlllon or capital stock of any one issuing company, nor shall the aggregate investment in cOlDlllon or capital stock in one company exceed five percent (5%) of the outstanding cOlDlllon or capital stock of that company; nor shall the aggregate of the Fund's investments in cOlDlllon or capital stock at cost exceed ftlt; Sixty percent t1J0%1 (60%) of the Fund's assets. Assets of the Fund not invested in cOlDlllon or capital stock may be invested in corporate bonds or other legal investments as provided in F.S. Chapters 175 and 185. 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 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. Section 4. That this ordinance shall become effective ilDlllediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading . Second Reading . [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278,4755 Writer'. Direct Line (407) 243-7092 September 30, 1992 Officer Sal Arena Secretary, Police and Fire Pension Board c/o Delray Beach Police Department 300 W. Atlantic Avenue Delray Beach, FL 33444 Subject: Amendments to the Police and Fire Pension Ordinance Our File #51-90.008 Dear Officer Arena: You had contacted my office concerning the status of the draft ordinance increasing the amount of investment and equities from 50% to 60%. This ordinance was prepared earlier this year and it was my understanding that it is currently under review by Mr. Cypen. The City Clerk is contacting Mr. Cypen in hopes of getting the ordinance on the City Commission's October 13, 1992 agenda .___ Should you have any further questions regarding this matter, please do not hesitate to contact me. Sincerely, CITY BY: JSK: jw cc: Steve Cypen Alison MacGrttqoZ' Harty, City Clerk ptpenord.js~ . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS '.1)1. f FROM: CITY MANAGERr ~ I " SUBJECT: AGENDA ITEM * /0 J) - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 51-92 DATE: OCTOBER 23, 1992 This is the second reading of an ordinance amending the Land Development Regulations by further defining the term "flea markets" and providing for such use as a conditional use in the General Commercial and Central Business Districts. This item has been before the City Commission, in one form or another, for more than a year. Earlier this year, the Commission denied a Ordinance No. 54-91 which attempted to define and regulate flea markets and directed staff to come back with a simpler approach. The Planning and Zoning Board, at their September 21st meeting, reviewed this item. Their comments and recommendations have been incorporated into Ordinance 51-92. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 51-92 on second and final reading. . p~ 3-& I { (fnoeEW5 Dis:Sfj)n~ ) " . ORDINANCE NO. 51-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1. 4.5 "DEFINITIONS" (APPENDIX A), CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has become concerned with the proliferation of markets, bazaars, and flea market type of retailing; and, WHEREAS, it is the desire of the City Commission of the City of Delray Beach to establish controls over the development of any markets, bazaares, and flea market type of retailing within its city limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 1, "General Provisions", Section 1.4.5, "Definitions" (Appendix A), 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: BAZAAR A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles. FLEA MARKET A market, usually in the open air, selling antiques, used household goods, curios, or the like. MERCHANDISE MART A market where groups of retailers sell goods at discounted, warehouse, or cost prices. Section 2. That Chapter 4, "Zoning Regulations", Section 4.4.9, "General Commercial (Ge) District", Subsection 4.4.9(0), "Conditional Uses and Structures Allowed", 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: (9) Flea Markets, bazaars, merchandise marts, and similar retail uses. Section 3. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(0), "Conditional Uses and Structures Allowed", 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 adding a new Paragraph (15) to read as follows: (15) Flea Markets, bazaars, merchandise marts, and similar retail uses. 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. That this ordinance shall become effective within ten (10) days of its 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 , " . .---..- . cf" , 'c./1'~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ID T. HARDEN, CITY MANAGER \ J ~YG-CJ~ ~U1L/ FROM: DID J. QVACS, DIRE~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 13, 1992 FIRST READING: ORDINANCE RE FLEA MARKETS AND SIMILAR USES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which provides further definition to the term "flea markets" and which allows such use in the CBD Zoning District. BACKGROUND: This i tern has been before the City Commission, in one form or another, for more than a year. Earlier this year, the City Commission denied Ordinance No. 54-91 (previous attempt at further defining and regulating flea markets) and provided direction to the Administration to come back with a simpler approach. Please see the attached Planning and Zoning Board staff report for a chronology of events and considerations of this item. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of September 21, 1992, and forward the text amendment as contained in the attached ordinance. The Board's recommendation provides for operation within a flexible regulatory environment. This is accomplished by adding the words "bazaar", "farmer's market", "mini-mart", and "similar uses" to the Conditional Use portion of the GC regulations which currently contains the words "flea markets". Also, the above words would be added to the CBD Zoning District, again, as a Conditional Use. Thus, a petition for such a use would be subject to the Conditional Use process. During such review, the criteria and topics raised during the review of proposed Ordinance No. 54-91 could be considered on an "as applicable" basis. Additionally, standard definitions for each of the terms are added to the Definition Section. " City Commission Documentation 1st Reading: Ordinance Re Flea Markets & Similar Uses Page 2 RECOMMENDED ACTION: By motion, approval of this proposed ordinance on first reading. Attachment: * P&Z Staff Report & Documentation of September 21, 1992 DJK/CCFLEA.DOC . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH SUBJECT: REGULAR MEETING OF SEPTEMBER 21, 1992 CONSIDERATION OF AN AMENDMENT TO THE LDRs RE FLEA MARKETS AND SIMILAR USES ITEM BEFORE THE BOARD: The action requested of the Board is that of review and comment upon a proposed modification to Sections 4.4.9(D)(9) and 1.4.5 Definitions of the LDRs. These proposed changes provide further description and definition to the term "flea market" and similar uses. Section 1.1.6(A) provides that prior to action on a proposed amendment to the LDRs, a recommendation is obtained from the Planning and Zoning Board. BACi<GROUND: A Brief Chronology: * In 1990, the concept of a "mini-mall" in the former Sink-n-Swim location (CBD) was proposed and received some general support as an activity to fill vacant floor space in the downtown. Administratively, it was determined that provided: inventory was retained on the premises, there were normal hours of operation for all tenants, and each retailer operated within an area separated from others by walls which required building permits (as opposed to temporary, moveable petitions), the resulting use was that of a retail operation. * In 1991, the "mini-mall" concept was permitted in the shopping center at N. Federal Highway and 14th Street (subsequently the use failed and no longer exists). * Also in 1991, a concept promoted as a "bazaar"/"flea market" was proposed for the former Ames building on Military Trail. The promoter advocated that the use would be conducted as a "mini-mall" (described above) . In response to citizen concern about the proposal, direction was given (by the City Commission) to the Administration to create an ordinance which would further regulate mini-malls, bazaars, and flea markets. Direction was given to proceed with classification as a Conditional Use, a broad definition, special performance standards for minimum tenant size, parking, traffic impact analysis, signage, and architectural (interior) review. ~.~.\ ., 'd' P&Z Memorandum Staff Report Consideration of an Amendment to the LDRs Re Flea Markets & Similar Uses Page 2 [NOTE: A complete building permit was not submitted for conversion of the Ames building, but based on the information that was formally submitted the Director ruled that the proposal was, indeed, a flea market and would be subject to Conditional Use approval]. * August, 1991: - Draft of Ordinance No, 54-91 released. - Draft approved on first reading on August 13th. - CRA objection @ meeting of August 15th. - DDA expressed opposition. - P&Z Board deferred consideration until a collective meeting could be held. - Revised draft approved on first reading, August 27th. * September, 1991 - P&Z, CRA, DDA joint meeting on September 5th at which P&Z recommended approval, only after substantial changes be made. The changes provided for exceptions, change in definition, and other matters. - City Commission, on September 10th, directed the Admi.nistration to make further changes to the draft ordinance. * October, 1991 - City Commission referral of latest draft of ordinance to the P&Z Board for review. This draft was consistent with the Board's previous recommendations. Some direction was to make the ordinance "stronger" , to prohibit flea markets, to accommodate downtown festival markets, to exempt geographic areas. - P&Z Board deferred consideration until November but directed staff coordination prior to its next meeting. * November, 1991 - No substantial recommendations came from the staff coordination meeting. - P&Z Board forwarded the draft ordinance with a few additional changes. - CRA affirmed opposition by letter of November 19th. - Chamber of Commerce opposition contained in letter of November 22nd which sought exclusion for the CBD or having the CRA administer the regulations within the CBD. - On November 26th, the City Commission deferred action and referred the item to the City Attorney for changes affecting the definition, making it tougher, exempting the CBD. . " , P&Z Memorandum Staff Report Consideration of an Amendment to the LDRs Re Flea Markets & Similar Uses Page 3 * , 1992 - Consideration of Ordinance No. 54-91 by the City Commission in the same form as in November, 1991. Referral to P&Z Board for comment. - P&Z Board forwarded the proposed ordinance with the same comments as per November 18, 1991. - City Commission denied Ordinance No. 54-91 after discussion of notice requirements (when exempting the CBD) , the direction of the ordinance, and the continuing problems with it. They also gave direction to the Administration to come up with a different approach. Suggested Alternative Approach: The approach recommended by the Planning Director is to operate within a flexible regulatory environment. This would be accomplished by adding the words "bazaar", "farmer's market" , "mini-mart", and "similar uses" to Section 4.4.9(D){9) which currently states "flea markets". . Thus, a, petition for such a use would be subject to the Conditional Use process. During such review, the criteria and topics raised during the review of proposed Ordinance No. 54-91 could be considered on an "as applicable" basis. Additionally, standard definitions for each of the terms will be added to Section 1.4.5. Other alternatives: (A) Remove the use "flea market" from the Code. This would not resolve the situation in that other descriptive terms would be used e.g. bazaar, mini-mart, etc. If wording is put in place to not allow flea markets, bazaars, mini-marts, and similar uses, the effect would be to not allow farmer's markets, what has been referred to as "artisan shops", and may disallow facilities such as the Delray Indoor Flea Market (West Atlantic Avenue). (B) Remove the use description from the GC, and hence PC, zone district; add it specifically to the CBD zone district; still, however, as a Conditional Use. This would appear to satisfy suburban and downtown interests with respect to some concerns; but, would not prohibit the establishment of a facility similar to the Delray Indoor Flea Market if it were to promote itself as "Marketplace West". (C) Provide an all inclusive definition without specific development standards. This approach would result in many development and reuse projects requiring a Conditional Use hearing process. Also, assuming that many would be approved, any of which are denied may be able to argue effectively that the denial was arbitrary. ( D) Provide an all inclusive definition with specific development standards. This was the approached pursued, then abandoned, over the past year and one-half. '. P&Z Memorandum Staff Report Consideration of an Amendment to the LDRs Re Flea Markets & Similar Uses Page 4 RECOMMENDED ACTION: By motion, recommend to the City Commission that the following text amendments be made to the LORs: ( 1 ) Section 4.4.9(D}: ( 9 ) Flea Markets, bazaars, merchandise marts, and similar retail uses. (2 ) Section 4.4,13(0) i!1l Flea Markets, bazaars, merchandise marts, and similar retail uses. (3 ) Section 1.4.5 Definitions (Appendix "A") Bazaar: A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles. Flea Market: A market, usually in the open air, selling antiques, used household goods, curios, or the like. Merchandise Mart: A market where groups of retailers sell qoods at discounted, wharehouse, or cost prices. Prepared by: ~jL 1f-;/ql.. DJK/PZFLEA,DOC . . - MEMORANDUM J TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ b2A - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 54-92 DATE: OCTOBER 23, 1992 This is first reading of an ordinance rezoning property located west of Congress Avenue on the south side of Linton Boulevard (Abbey Delray South property) from PRD (Planned Residential Development) zone district to CF (Community Facilities) zone district. In October 1979, the Commission approved a conditional use request and site and development plans for Abbey Delray South. The approval allowed a 288 unit (248 multi-family units and 40 single family units) Life Care Retirement Center, along with an associated nursing home. The property was zoned PRD-10. With the adoption of the LDRs in October 1990, the multi-family units and nursing home facility were rezoned PRD and the single family villas RL (Residential - Low Density). In June 1992, the Planning Department received a sketch plan to allow the addition of four single family villas; a 12,224 square foot addition to the nursing home; and a 576 square foot maintenance building. During the review of the project for technical compliance it was noted that nursing homes and/or continuing care facilities are no longer permitted as a conditional use under the PRD regulations. Therefore, rezoning to CF was recommended. The Planning and Zoning Board at their October 21st meeting recommended approval. Recommend approval of Ordinance No. 54-92 on first reading. e~ 3-0 '. . - ~ ORDINANCE NO. 54-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRO (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990" ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That 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 the City of Delray Beach, Florida, to-wit: Tract IIAM I Parcel ..un and Parcel "V. , Plat of Abbey , Delray South as recorded in Plat Book 4 1 , Pages 96-98, Public Records of Palm Beach County, Florida; LESS that part of Parcel ItV" included in A Replat of Parcels IIW" I "X" and Portions of Parcel "V. I Plat of Abbey Delray South as recorded in Plat Book 41, Pages 121-123, Public Records of Palm Beach County, Florida. The subject property is located west of Congress Avenue, on the south side of Linton Boulevard. The above-described parcel contains 20.37 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 . ., "-" "" /~'-- ) C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~'~D T. HARDEN, CITY MANAGER o ~~3<- THRU: ,_~' J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: D~9trNER III SUBJECT: MEETING OF OCTOBER 27, 1992 REZONING FROM PRD (PLANNED RESIDENTIAL DISTRICT) TO CF (COMMUNITY FACILITIES) FOR ABBEY DELRAY SOUTH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of a rezoning from PRD (Planned Residential District) to CF (Community Facilities). The subject property is Abbey Delray South, a Continuing Care Facility located west of Congress Avenue, on the south side of Linton Boulevard. BACKGROUND: At its meeting of October 8, 1979, the City Commission approved a conditional use request and site and development plans for Abbey Delray South. The approval allowed a 288 unit Life Care Retirement Community (248 multi-family units and 40 single family villas), along with an associated nursing home. The property was zoned PRD-10. In October 1990, the multi-family units and nursing home facility were rezoned to PRD (Planned Residential), and the single family villas to RL (Residential-Low Density), as part of the Citywide rezoning and adoption of the Land Development Regulations. In June of this year, the Planning Department received a sketch plan request from Abbey Delray South to allow the following modifications to the site: . City Commission Documentation Rezoning, Tracts "U" and "V" of Abbey Delray South Page 2 * the addition of four (4) single family villas; * a 12,224 sq.ft 30 bed addition to the existing Nursing Home; and * a 576 sq. ft. maintenance building. As the project was being reviewed for technical compliance, it was discovered that nursing homes and/or continuing care facilities are no longer allowed as permitted or conditional uses under the current PRD regulations. As a result, the existing development is a non-conforming use, and cannot be expanded. Staff considered three alternative means of correcting this nonconformity: 1) Changing the PRD portion of the development to RM (Medium Density Residential) 2 ) Changing the PRO portion of the development to CF (Community Facilities), and 3) Amending the PRO regulations to include Continuing Care Facilities as a conditional use. The attached staff report contains an analysis of those alternatives. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of September 21, 1992, the Planning and Zoning Board initiated a rezoning action for Abbey Delray South to ei ther CF or RM, in order to allow staff to analyze both zoning districts as they would apply to this development. Upon reviewing the alternatives at the meeting of October 21, 1992, the Board voted 7-0 to recommend approval of a rezoning from PRD to CF. RECOMMENDED ACTION: By motion, approve the rezoning from "PRD" (Planned Residential District) to "CF" (Community Facilities) for Tracts U and V of Abbey Delray South. Attachment: * Location Map * P & Z Staff Report " J[ I I r-- I ( I I I I '-- . - I I I I I '1. - ,l)- :_._U b - ~ a.u - { ~ ~.-l~ - I rc - ~ \ 1i i~r -iil II t--r-- t-- ~ Y ~ rnEPINES. I; )l ~I J~ iN -:-1 ( ur. ,~ If. t-- iC DELRAY J _J I I \ ~ (j) 2ND -..e cr. v rn INE~;~ ~,~ .;....... rECTID ~ ~ "CAn.-. ./II - / .. I I f"" .... ".. U ... J J LINTON . 0 U lEV A R D L.W.D.D. CAl4AL. .. .. L. - u 'I ~J ......,.. I I I /.. ~./lQ ::k.....:.~ ~t:..: ~. .ABBEY ". ~ b~ ,-:....DELRAY.. .'. If4a Dj ~ . '. . SOUTH . . .' . . ~ 'TV" . ,', ,', " t-- . ....... . -', " ',', " i - ........... ',' LAKr UM. .',',',',', ""'" .',', '. ,,', .', ~.. 4: E . . ......... ,,', " " " ,,', ./ ..' .... .... 'PD .'. . .. '. ........ ,,', .l'nftNI.I. '. '. . . .' . .................... ~ ................... ... ............ I: ...... ,,', " " " " . :... ~ .' . .' . .' . .' . .' . ~ ........ " .......... ,', ./II . L .~ '. '. '. '. '. ~ ,.............~'.......... -:r ' . ....... ~ ~,' ...... ~ .. .. ~ -... 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'" ~ :I: --l r ("') 0::0 o ~ r:-;lC Z}> 200 ~ ~:I:-< m ~ "U - ." ~ : "U r (Sl (f) . j-l'1> 0.0 () . .. :tJ 1 ~ ~ :;0 f"n 01>C . ~ 1>Z j~r 0 C)~ .. " n rr1::r: p _ "' t -4 ~ i ~ ~ ~ ) ~ = 8~ ~ , : x (.01 ~ . = ~ _ 0 . ___ I; ., _q_ ._ ~"'.,., ~ PARCEL "G'''- --- ~"~T c::,..,1E..,,,, ,';4 "..,' _ J 1,r,7'f 27' .. EA~T I,OI4,~"T' ---- ~'....' =:7\ \)0 .. ~ OC _n __ I!~~T P.O e" ___.:! J~ ~ "0"1''' L'''~ OF "I!C1'ro" ~O ~ .. __ ~ t [ L I ~ TON 0 BO LEVARD (sw 12tbSil t _ 'l.lz: J) I co 1>"" ~ ~ ~ c~n ~ atj : ~~on n _ !c~ ~ 8 ~ c ~ ......\,111'11 ~ ~~O~ Z ~ N I . 'PLANNING & ZONING BOARD CITY OF DELRA Y B_ACH --- S I AFF REPORT --- . MEETING DATE: October 19, 1992 AGENDA ITEM: IILB. ITEM: Rezoning, Abbev Delrav South from PRD to RM or CF /' GENERAL DATA: Owner....................Palm Beach County Health Facilities Authority. Agent..............,.....David C. Harden City Manager Location.................Southeast corner of Linton Boulevard and Homewood Boulevard. Property Size............20.37 Acres City Land Use Plan.......Residential - Medium Density Existing zoning..........PRD (Planned Residential Development) Proposed Zoning..........CF (Community Facilities) Adjacent zoning...North: RM (Multiple Family Residential - Medium Density) and RL (Multiple Family - Low Density) East: RM South: RL West: RL and PRO Existing Land use........Continuing care facility with associated nursing home. Proposed Improvement.....Addition of four units to the continuing care facility and addition of 30 beds to the nursing home. Water Service............Existing on site. Sewer Serv!ce............Existlng on site. N - III. B. . I T E M B E FOR E THE 8 0 A R D: The action before the Board is that of making a recommendation on a rezoning request from PRO (Planned Residential District) to CF (Community Facilities). /' The subject property is Tracts U and V of Abbey Delray South, a Continuing Care Facility, Nursing Home, and Residential development with a total area of approximately 30 acres. It is located west of Congress Avenue, on the south side of Linton Boulevard. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 U N D: At its meeting of October 8, 1979, the City Commission approved, pursuant to PRD-lO zoning, a conditional use request and site and development plans for Abbey Delray South. The approval allowed a Life Care Retirement Community. The development consists of three components: * a 248 unit continuing care facility on 16.5 acres; * a 60 bed nursing home on 1.5 acres; and * 40 villas with individually platted lots on 12.4 acres. In October 1990, the continuing care and nursing home facilities were rezoned to PRD (Planned Residential Development), and the villas to RL (Residential-Low Density), as part of the Citywide rezoning and adoption of the Land Development Regulations. The owner of record is the Palm Beach County Health Care Facilities Authority, which issued bonds to finance construction of the project. The project is operated by Life Care Services Corporation, a non-profit corporation based in Des Moines, Iowa. Abbey Delray South is considered a Continuing Care Retirement Community, and is regulated by the Florida Department of Insurance. Residents of the facility contribute an endowment of $50,000 to $150,000 upon moving into the facility, plus a monthly service charge. These payments assure them a living unit in the facility and care at the nursing home, if necessary. Project Description: In June of this year, the Planning Department received a sketch plan request from Abbey Delray South to allow the following modifications to the site: " P & Z Staff Rep Abbey Delray SOu~n Rezoning From PRO To CF page 2 * the addition of four (4) single family villas; * a 12,224 sq. ft. 30 bed addition to the existing Nursing Home; and * a 576 sq. ft. maintenance building. As the pr~ject was being reviewed for technical compliance, it was discovered that neither nursing homes nor continuing care facilities are allowed as permitted or conditional uses under the current PRD regulations. As a result, the existing development is a non-conforming use, and cannot be expanded. Z 0 N I N G A N A L Y S I S: Rezoning of the property was initiated by the Board at its meeting of September 21, 1992. At that time there was discussion as to whether the proper zoning for the property was RM, CF, or a combination of one or the other and RL. The alternatives which were considered for this proposal are: * Rezoning the portion of the site currently zoned PRO (tracts "U" and "V") to RM; * Rezoning the portion of the site currently zoned PRD (tracts "U" and "V") to CF; and * Amending the PRO regulations to allow continuing care facilities as a conditional use. Possible zoning designations for the site are discussed in the Zoning District Analysis. ZONING DISTRICT ANALYSIS: Rezoninq to RM: The RM zoning designation could be applied to the portion of the development currently zoned PRO. Continuing care facilities and nursing homes are allowed as conditional uses in RM, and would allow for an expansion of the existing nursing home facility. The density of the continuing care facility would be 17.5 units per acre. This density is permissible under RM, per the provisions of LDR section 4.3.3 (G) (3) (a), which increases the maximum density of the base zoning district by a factor of 1.5 for continuing care facilities. . P & Z Staff Rep' Abbey Oelray SOu~n Rezoning From PRD To CF page 3 Amendment to PRO: Another alternative would be to leave the property in PRO zoning and initiate a text amendment to PRD zoning regulations to allow continuing care facilities and nursing homes as conditional uses. The former PRD-10 zoning category permitted ACLFs, child and adult day care, churches, community centers, continuing ~ care, schools, golf courses, natural resource utilities, swimming clubs, and tennis clubs as conditional uses. All of these, except day care have been eliminated from the PRO zone, in order to limit development in the PRO district to its intended purpose as a mix of single family and multi-family housing. Rezoning to CF: An alternative to the above is to rezone the property to CF, Community Facilities. The CF zoning is intended to apply to facilities which serve public and semi-public functions. While Abbey Oelray is a residential community, it differs from the standard multi-family development in several respects. Chief among those are the following: * Provision of services--The principle appeal of this type of community is the care and services which are immediately available to the residents. Residents offered a variety of services including meals, cleaning, access to health care, transportation, and various personal services. Most of these services are included in the initial endowment fee and monthly rent. * Resident characteristics--Residents must be 62 years age or older in order to live in Abbey Oelray South. The average age in the community is 82.5 years, and eighty percent of the residents are female. While a number of the residents do not require any special assistance, many of them are unable to fully care for themselves. Residents specifically choose this type of community to ensure that assistance will be available to them when necessary. * Nursing home component--The existing nursing home has 60 beds, and 30 additional beds are planned. The nursing home is available on a temporary or permanent basis to all residents. In addition, any unoccupied beds are made available to persons from outside of the community. * Employees--Approximately 140 persons are employed at Abbey Oelray South, to service the 288 units and the nursing home. This is a much larger number than would " P & Z Staff Rep' ~ Abbey Delray Sou_~ Rezoning From PRO To CF page 4 be required to manage a typical multi-family property of this size. The above listed factors are indicative of a use which is service-oriented, and which differs from the standard residential development. For these reasons, the Community Facilities zoning is more appropriate than the RM. In addition, the administrators of Abbey Delray South have indicated a desire for a zoning classification which would reflect the unique aspects of a continuing care facility. The Community Facilities zoning provides that distinction. Remainder of the Site (villas): The portions of the development (12.4 acres) with 40 villas on individually platted lots are currently zoned RL. While continuing care facilities are not permitted in the RL zone, these villas can be considered as single family units, which are permitted. The density is also consistent with RL limits (3.2 units/acre) . It is not critical to the proposal that these . units be rezoned to CF at this time. However, the owners have indicated a desire to have a single zoning designation apply to the entire site. A rezoning to CF should be applied to the villas at a future date. 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 Future Land Use designation for the entire property is Medium Density (5-12 units to the acre) Residential. The requested zoning change is from PRO (Planned Residential Development) to CF (Community Facilities). The allowable zoning designations which are deemed consistent with the Medium Density Land Use designation are: - RM Medium Density Residential (existing zoning) - CF Community Facility - R-1 Single Family Residential - RL Residential Low Density - PRO Planned Residential Development . P & Z Staff Rep' . Abbey Oelray SOl.. __1 Rezoning From PRO To CF page 5 The proposed zoning designation of CF is consistent with the current Future Land Use designation. The existing continuing care facility and nursing home on parcels "U" and "V" are permitted as conditional uses in the CF zoning district. 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 site is currently developed, and the rezoning is corrective in nature, no additional demand for service capaci ty will be generated by this action. The proposed future development of the the facility is not of the magni tude which would create any problems with regard to levels of service. Concurrency will be specifically addressed in the site plan process. . 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 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 corrective, to accommodate existing uses, and the proposed rezoning is to CF, a positive finding can be made. 0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned PRO (Residential Multiple Family). To the north, west and south is property zoned RL (Residential Multiple Family) and to the east is RM (Residential Multiple Family) . The surrounding land uses are single family villas to the north, west, and south, and Linton Lake Apartments to the east. The zoning change will reflect existing conditions and will not affect the compatibility of the property with adjacent uses. " P & Z Staff Rep' - Abbey Delray Sot. _.1 Rezoning From PRD To CF page 6 Section 2.4.5(0)(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 reason is "a," pursuant to the following: The PRO zoning district currently assigned to tracts U and V, was changed in 1990, removing Continuing Care and Nursing Homes as conditional uses. The existing land use on the parcel was rendered non-conforming by the change. As the intention of the change was not to phase out continuing care facilities, the application of the PRO designation to this property was inappropriate. LDR Compliance: Section 4.3.4 (Development Standards Matrix): The parcels in question meet CF district requirements for minimum lot size, lot width, lot depth, lot frontage, lot coverage, density, and setbacks. The existing continuing care facility building also meets the current CF height limit of 48'. A site plan modification request will be required for the proposed addition. Further LDR requirements will be addressed during the review of that proposal. 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) . . P & Z Staff Rep' '. Abbey Delray SOl.. _.1 Rezoning From PRO To CF page 7 Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: ~ * Tom Fleming, President Andover Homeowners Association; * Dorothy Alport, President Southwinds of Crosswinds; * Lillian Feldman Pines of Delray Homeowners; * Jacob Friedly Pines of Delray West; and * Jim Goggin, President Shadywoods Homeowners who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ASS E SSM E N T AND CON C L U S ION: This development functions as a continuing care facility, offering a variety of services to residents. The property is operated by a not-for-profit corporation and supported by bonds issued by a public authority. This is consistent with a "semi-public use, " as stated in the the Purpose and Intent of the CF District. The continuing care and nursing home uses presently on the site are permitted as conditional uses in CF. A rezoning of the portion of the development currently zoned PRD to CF would allow for necessary improvements or expansions to the existing facilities without creating undue conflicts with surrounding developments. The portions of the site developed with villas may retain their current RL zoning for the present, but should be considered for CF zoning in the future. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend rezoning of only the portion of the site currently zoned PRO (parcels "u" and "V") to RM, based on positive findings. ., P & Z Staff Rep' Abbey Delray SOl.. _01 Rezoning From PRO To CF page 8 C. Recommend rezoning of only the portion of the site - currently zoned PRD (parcels "U" and "V") to CF, based on positive findings. O. Recommend an LOR text amendment to the PRO zoning district to permit continuing care facilities as conditional uses, based on positive findings. /' E. Deny a rezoning for tracts "U" and "V" of Abbey Delray South, based on a failure to make positive findings. S T A F F R E COM MEN D A T ION: Recommend approval of the rezoning request for parcels "U" and "V" of Abbey Delray South from PRO (Planned Residential District) to CF (Community Facilities), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). Attachments: * Letter of Request * Location Map Report prepared by : Jeff Perkins, Planninq Technician I Reviewed by DJK on : 16/5ll,)- ''1i1-( 5 d · I BAILEl- LESSIRARD&DONAHUE ARCH '::- jRE r..TE!'IIC: ::3GN GRAP"': ::S,GN August 28,1992 .--- Ml" . David J. Kovacs Director of Planning & Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: Rezoning of the Abbey Delray South property tc CF Dear Mr. Kovacs, Please accept this letter as a formal request on b~half of my client, Abbey Delray South to rezone their propert:7' to CF (Community Facilities). It is my understanding that the City will initiate this rezoning and the requisite conditional use application upon receipt of this letter. Should YOU have any questions of requIre further discussion, please contact me at the above phone number and address. ~. i nee, ~ 1 y , MLDA, Inc. d/b/a ~eudk:hue ~ ,vin Donahue, AlA, CSI W~(f'P 1'1.71'7]) "'~. "'.~' I MLDA. INC, d/b/a (_ i ; - ,.,- --., ~ 'llEY-LESSIRARD & DONAHUE . AL~S ~: 1992. 1280 SoN 36TH AVENUE. SUITE 303 POMPANO BEACH. FLORIDA 33069 - - ....;'ilNG (305) 979-0701 ,...,:,',~<~~~,LU:'1 ' 1_' ". .. ., "" (305) 977,9252 FAX I " UCENSE #MCOO1758 # MF<XXXl9O '. ,-, . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i /2 E) - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 55-92 DATE: OCTOBER 23, 1992 This is first reading of an ordinance rezoning the North Ocean Boulevard parking lot property located on the west side of Ocean Boulevard, north of Atlantic Avenue from CF' (Community Facilities) zone district to OS (Open Space) zone district. In August 1991, the Planning Department received a letter from the Beach Property OWner's Association, which expressed concerns relative to the potential for the establishment of commercial activities in the beach parks given the allowance of cruise boat operations at Veteran's Park. CF zoning allows certain accessory uses which are commercial in nature, such as food vendors. The proposed rezoning to OS would protect "the parks from commercial activities. The Planning and Zoning Board at their September 21st meeting recommended approval. Recommend approval of Ordinance No. 55-92 on first reading. f~ 3-0 '. . . . ~'^\ , I ~/....~ ;' C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~~ID T. HARDEN, CITY MANAGER ( !~\. )~j~uC~J-- THRU: ~AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING -~..;:-._- ~ d "- \, ~'~~ "' -~" FROM: JANET MEEKS, PLANNER II SUBJECT: MEETING OF OCTOBER 27, 1992 APPROVAL ON FIRST READING OF AN ORDINANCE FOR REZONING BEACH PARKING LOTS AND ATLANTIC DUNES PARK FROM CF (COMMUNITY FACILITIES) TO OS (OPEN SPACE) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting the subject properties listed below: * Atlantic Dunes Park - located north of Linton Boulevard, on the east and west sides of A-I-Ai * Sandoway Park and Ingraham Avenue Park - located south of Atlantic Avenue on the west side of A-I-A; * Anchor Park - located north of Casurina Road, on the west side of A-I-Ai and * Ocean Boulevard Parking Lot - located north of Atlantic Avenue, west of A-I-A. Note: The existing "North Beach Parking Lot" is zoned CBD. It is to be demolished with the expansion of the Holiday Inn. Therefore, is not included with this rezoning petition. BACKGROUND: In August of 1991, the Planning Department received a letter (copy attached) from the Beach Property Owner's Association, which expressed concerns relating to the potential for commercial activities to be established in the beach parks. \ ';(., 3 - F '. . City Commission Documentation Beach Parking Lot and Atlantic Dunes Rezoning Page 2 The beach parks are currently zoned CF (Community Facilities). CF zoning accommodate a variety of uses. The Association wanted to protect the parks from those types of activities and the potential for commercial uses. A zoning designation of OS (Open Space) would provide that protection. The underlying land use for the parks is also CF. Until recently, the OS (Open Space) zoning was not an allowable zoning under the CF land use designation. The land use ~esignation/zoning matrix had to be amended so that the OS (Open Space) zoning would be consistent with the Community Facilities land use designation. This was accomplished at the City Commission meeting of September 8, 1992 with the approval of Comprehensive Plan Amendment 92-1. A follow up to that action is to rezone the parks from CF (Community Facilities) to OS (Open Space) , which is the action now before the Board. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at their regular meeting of September 21, 1992, and unanimously approved the rezoning on a 7-0 vote. RECOMMENDED ACTION: By motion, approve the ordinance on first reading to rezone the subject properties from CF (Community Facilities) to OS (Open Space) . Attachment: * P&Z Staff Report * BPOA Letter of August 20, 1991 * Location Map JM/CCPARKS.DOC . PLANNING & ZONING BOARD 'CITY OF DELRA Y BEACH --- STAFF REPORT --- . ~. _ TING OA TE: September 21, 1992 AGENDA ITEM: IV.B. ITEM: Rezoning, Beach Parking Lots & Atlantic Dunes Park from CF (Community Facilities) to OS (Open Spaces) GENERAL DATA: Owners...................Palm Beach County, City of Delray Beach. Agent....,...............David C. Harden, City Manager. City Land Use Plan.......Community Facilities - Recreation City Zoning.. ........... .CF (Community Facilities) Proposed Zonlng..,.......OS (Open Space) Existing Land Use........Parks with attendant parking lots. Proposed Improvement.... .None. North Ocean Boulevard Parking Lot: Location.................West Side of Ocean Boulevard, north of Atlantic Avenue. Property Size............0.41 Acres Adjacent Zoning...North: RM (Multiple Family Residential - Medium Density) East: OS (Open Space) South: CBD (Central Business District) West: RM Sandoway and Ingraham Parks: Location.....,.,.........Northwest Corner of Atlantic AvenU8 and Ingraham Street. Property Size.....,......2.60 Acres Adjacent Zoning.. ,North: RM East: OS South: RM West: RM .- I Anchor Park: . I Location.................West side of Ocean Boulevard, north of Casurina Road. Property 5ize............2.50 Acres Adjacent Zoning,..North: RM East: OS South: RM West: RM Atlantic Dunes Park: Location.................East side Ocean Boulevard, north of Linton Boulevard. Property SiZ8............7.00 Acres Adjacent Zoning...North: R-1AA (Single Family Residential) and RM East: None (Atlantic Ocean) South: RM and R-1AA West: R-1AA IV.B. . . I T E M B E FOR E THE BOA R 0: The action before the Board is that of making a recommendation ,,' to the City Commission on a rezoning request from CF (Community Facility) to OS (Open Space). " The subject properties include the following: * Atlantic Dunes Park, located north of Linton Boulevard, on the east and west sides of A-I-A; * Sandoway Park and Ingraham Avenue Park, located south of Atlantic Avenue, on the west side of A-I-A; * Anchor Park, located north of Casuarina Road, on the west side of A-I-A; and * Ocean Boulevard Parking Lot, located north of Atlantic Avenue, west of A-1A. B A C K G R 0 UNO: In August of 1991, the Planning Department received a letter (copy attached) from the Beach Property Owner's Association, which expressed concerns relating to the potential for commercial activities to be established in the beach parks given allowance of an intercoastal cruise boat at Veteran's Park. The beach parks are currently zoned CF (Community Facilities). CF allows certain accessory uses which are commercial in nature, such as food vendors. The Association wanted to protect the parks from any commercial activities. A zoning designation of OS (Open Space) would provide that protection. The underlying land use for the parks is also CF. Until recently, the OS (Open Space) zoning was not an allowable zoning under the CF land use designation. In response to the Beach Property Owner's letter, the use and the Zoning and Future Land Use Map designations of the beach parks was considered at the formative stages of Comprehensive Plan Amendment 92-l. The result of that consideration was for the land use designation/zoning matrix to be amended so that the OS (Open Space) zoning would be consistent with the Community Facilities land use designation. A follow up to that action is to rezone the parks from CF (Community Facilities) to OS (Open Space) , which is the action now before the Board. . P&Z Staff Report Beach Parks Rezonings Page 2 PRO J E C T DES C R I T ION : Atlantic Dunes Park contains 7 acres, includes a beach area, approximately 114 parking spaces, rest rooms and a shelter. Sandoway and Ingraham Avenue Park contains 2.6 acres and /' approximately 124 parking spaces and rest rooms. Anchor Park contains 2.5 acres, 84 parking spaces and rest rooms. The Ocean Boulevard parking lot is not yet constructed. It will contain 0.4 acres and 29 parking spaces. The site of Fire Station #2 immediately to the west, will remain CF. Note: The existing "North Beach Parking Lot" is zoned CBD. It is to be demolished with the expansion of the Holiday Inn. Therefore, is not included with this rezoning petition. Z 0 N I N G A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is from CF (Community Facility) to OS (Open Space) . The OS (Open Space) zoning designation is deemed consistent with the Community Facilities land use designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed OS zoning will not have an impact on the level of service standards, and will in fact lessen the likelihood of any future development which would affect levels of service. . P&Z Staff Report Beach Parks Rezonings Page 3 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 Finding) 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-~f overall consistency. Section 3.3.2 (Standards for Rezoning Actions): ~he 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) The parks are located in stable residential neighborhoods. As part of this proposal, the land use/zoning matrix was amended so tha t the OS zoning is consistent with the Community Facilities land use designation. It would be appropriate that the LOR's be . amended so that OS is added to this standard, as Open Space permitted uses include cemeteries, water bodies, parks, etc. which are appropriate uses within stable residential areas. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the ,new use. The proposed Open Space zoning is more restrictive than the current CF zoning designation. It will stabilize the current uses, thus ensuring the parks continuing compatibility with the adjacent land uses. 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. . P&Z Staff Report Beach Parks Rezonings page 4 Item C above is the reason for which the rezoning change is being sought, as the requested zoning is of similar intensity as allowed under the Future Land Use Map and that the proposed zoning of OS is more restrictive than the current CF zone designation, and therefore, is more appropriate for the parks given their locations within stable residential neighborhoods. /' Other: A question may be raised as to how some of these parks with stand alone parking lots are accommodated under the OS zoning district. The OS district allows parks as a permitted use, and parking lots as an accessory use [REF: Section 4.4.22]. In this case the parking lots would be considered an accessory use to the Municipal Beach Park. There has been some discussion regarding a proposal to construct a lifeguard station at Sandoway Park. Currently, this type of use would not be allowed under the OS district. However, it would be appropriate that the LDR'S be amended so that public facilities associated with public needs be allowed as an accessory use. 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) . Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject properties. A courtesy notice has been sent to the Beach Property Owners Association and the Parks and Recreation Department. ASS E SSM E N T AND CON C L U S ION: The rezoning of the parks to Open Space will eliminate the potential to accommodate commercial activities within the beach parks, thus eliminating any potential to create an incompatibility with the surrounding neighborhoods. The requested zoning is of similar intensity as allowed under the Future Land Use Map. " P&Z Staff Report Beach Parks Rezonings Page 5 A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning request based upon a failure to make avpositive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.S(D)(S) the rezoning fails to fulfill at least one of the reasons listed. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). S T A F F R E COM MEN D A T ION: . Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). Attachments: Location Maps BPOA Letter of August, 1991 . . . , ~~ ii~1 . -BEA'CH PROPERTY OWNERS' ASSOCIATION, INC. .', 4~~ P.O. BOX375 ....;,-.)(". ""'=r DELRAY BEACH, FLORIDA 33444 August 20, 1991 . ~ To the Mayor and City Commission City of Delray Beach Florida, 33444 - - -. , - -- -- This ;s to follow up on our request before the City Commission on Tuesday evening, August 13, 1991 with respect to rezoning the beach parks, Atlantic dunes, Sandoway, and Anchor, to carry the same zoning as the main public beach. After informal discussion with several Commissioners, we felt there was some agreement with our position to keep commercial activities from the beach parks. There already are adequate commercial facilities on the west side of State Road AlA in the . area of the Atlantic Avenue intersection; all other is residential. To review the existing cir~umstances: The 11 mile main public beach is already zoned OS. Atlantic Dunes Park (500 ft. beach) is presently zoned CF; but in our view should always have been zoned OS because the north 400 ft. is a conservation area. It was purchased by the city about 24 years ago, and when the beach park was later developed by the County (Which had later acquired the remaining land now in the park) the 400 ft. property was preserved - as a natural beach hammock, while the southernmost 100 ft. is the ( "working part" of the beach park. Sandoway and Anchor Parks, while presently zoned CF, are only separated from the public beach by the width of State Road AlA. The east curb marks the OS zoning line, the west side of the road (no curb) at the present time marks CF zoning. Because commercial is now is allowed as a conditional use in CF zone, the Beach Property Owners' Association makes the following request: That the City Commission initiate the rezoning of Atlantic Dunes, Sandoway, and Anchor Parks to OS, and also make the appropriate Land Use Map changes. We request that the City commission also make the following change to the LOR's to add accessory uses to OS: Sec. 4.4.22 (C~cessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: :. ' -.t* "......: ,. .. "'-' ..~-.;:,~i..u';'~.!~.- -.i"'... ~'.;~.... "./:..... ~--" ~~.~ --- ~ . ."-:~"i;~~~ :e;". - . -'" .. -.-....;; ~~ ---=-:-:~ . '. '~::.~_ :',,~.:~.__~C:",:,:~ - '~~~~---~.~ A CORPORATION NOT FOR PRCFIT '. . . Follow~~Q~n_~POA Au~ust 13 r~~~~! -- ADD (5) Beach and lifeguard shelters and beach cabana service. You will find a distinct similarity between the above proposed (5) for beach parks, and the existing (4) which allows "Golf course clubhouse, proshop, maintenance buildings" as an accessory use in os. (Please see attachment from the lDRls). Appropriate accessory uses are thus provided in the lDR's for th~ open space golf course; we believe the accessory uses essential to the public beaches ought to be treated in the same way. The Comprehensive Plan also treats both in the same way. In Sec,GS Future land Use Map under Recreation and OQen Space land Use it 'is stated, "Open space areas include... beaches... golf courses ... etc." Also, "Public recreation areas which also hav~ indoor- ---- facilities (e.g. community centers) are more apt to be shown as "Community Facilities". (Please see attachment from the Comprehensive Plan). None of the beach parks has indoor facilities except for restrooms, which are an allowed accessory use in OS zone. We greatly appreciate you attention to this matter, which is intended to protect the character of our beaches. We believe it also will be appreciated by the many residents of this city who take such pleasure and pride in the quality of our pUblic beaches. Thank you for this consideration. Sincerely yours. rs;~ .U. }~~~ ' Elizabeth H.Matthews ~ Executive Director, BPOA I ., Copies to: City Manager ~ Planning Director Parks and Recreation Director pLEASE NOTE':-ihe land Development Regulation Sec.4.4.22 (C) Open Space (OS) District: Aff~!lQrY_~~~!_!~~ Structure1-~l!owe~ does allow parking lots when they are part of the principal use. which in this case is Parks. Therefore in Anchor and Sandoway Parks we are requesting that the entire park area be OS, as well as the parking lots at Atlantic Ouned Park and the interior~handicap parking. . . . . . - Section 4.4.22 '~n Space (OS) District: " . (A) Purpose and Intent: The Open Space (OS) Zone District is established in order to most appropriately identify parcels of land which are used primarily in an open space manner. Although created to reflect open space areas as shown on the Future Land Use Map, the OS District may also be applied to portions of land development projects which are primarily open space in nature e.g. golf courses and water bodies. . -, - . . -- (B) Principal 'Uses ,-. and- structures Permitted: The following types of use are allowed within the OS Di~tric_t ~~ CL-_, permitted use: (1) .parks~ public or private (2) Cemeteries (3)~~a~~r:bodies_and/or water management tracts within development projects. (4) Excess parcels located along the Interstate Highway System, Canals, and similar parcels which should be retained for open space and aesthetic purposes. . (5) Golf Courses, public or private I - .\ The following (C) Accessory' Uses' and Structures Allowed:, types of use are allowed when a part of, or accessory to, the principal use: ~ ( 1) parking-lots ~ , (2) RestrooPlS, rest areas . ", (3) Interpretative trails -' 'r:-:'~'~^"'" -.,~ __"H ( 4 ) Golf -; course clubhouse, proshop, -,.~ JDAlnten~nc~ ~~=h buildings. 1 (D) Conditional Uses and Structures Allowed: There are no listed conditional uses in the OS District. If a use is so contemplated, it may be more appropriate to seek CF District zoning. (E) Review and Approval Process: The use of any land within the OS District must be pursuant to a site and development plan' which has been approved by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5 (F) , ( H), and (I), as appropriate. . 4.4.71 '. . . . . . :;; ~~"..~ tea- ... o Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accorrunodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. Zoning districts which are consistent with this land use designation are: ~ * Mixed Commercial and Industrial (MIC) * Planned Commerce Center (PCC) . AGRICULTURAL LAND USE: There are no designations _ f.o~ __ ,_ agricultural land use on the Future Land Use Map. The City of Delray Beach Planning Area is an urbanized area with, in 1989, over 87\ of its land area developed. The long-term continuance of existing agricultural operations is not compatible with the urbanization which is occurring. Current agricultural uses (e.g. nurseries, orange grove) shall be zoned as ART (;A.gricultural- Residential Transition). RECREATION- ,-'OPEN SPACE LAND USE:\' This designation applies to~ public" recreational areas (such as municipal parks), to ope~ , space areas, and to conservation areas. Open space areas include canals, waterways, beaches, shores, estuarine systems, .'"golf,. :courses~private open (common)-areas within planned developments, '* and undevelopable parcels. Public recreational areas' which -, alsO' have indoor. facilities (e.g. ,communltY!l centers) are more apt to ,be shown'as"'uCommunity Facilities". The conservation properties I are those lands shown on the Conservation Map. Land shown under . this designation shall not be used for any purpose other than ~ recreation, open space, or conservation. " Zoning districts which are consistent with this land use designation are: * Community Facilities (CF) * Open Space (OS) (This zoning district is to be created after adoption of the Comprehensive Plan) CONSERV;A.TION LAND USE: This designation applies to those specific properties identified in the Conservation Element as land to be preserved. No other land use is appropriate. These properties shall be either be placed into public ownership or developed only as allowed by policies of the Conservation Element. The are shown on the Future Land Use Map under the Recreational and Open Space designation. III-G-44 . 1 '" I I. r __ 1_- -_ i-- ~ I '-- il-- ___ 11 t= ~_ ~ ~i--- - JlL c ~ - ~f-- r-- i -- r--!-"-- ~ ~- - :J - ::l - ~ i ! 0 -- - -c--- I--- , . - /' - - 1 NOR'lM oc:EAH -:::- -- - rrn- FT J 9 p~~ - l I I h I J IYlIut I ~ ITLI.lle ! IDlIUllT r _ I III II -= r-- _ =~ J I i -- -, --~ ~ , - Ij' =- -- I I I - - 111__ DL OWAY IT. ~ - , I ( I I ~ARIC , - , , ~.- '-- -- ~ - ~ - II I j' I ~ ~ ~ ~- u - - 0 _IL ~ ~ I I ~ INGIWWI (J PARK ~ l -I % ~ f--I j~ ~ f IT. - ~_______ -J ~ i : f-- _ u I--- - WlO" ... . I I--- _ f-- _ - L...-~ f-- '_ t:::; \ LOTI ~'UA~"'. ~ I ANOiOlt , I . PAlO( / 83....... 10I0Il 1 ?F -! /I) T,r/ N -I h ~t BEACH PARKS ~ -r 10I0Il. I REZONINGS :: T I I I I '. /' I ~j ~ ~ t...!. _. I J ' I I // , 1 'tL '"2 ~ - j 7 ~. ':-- ~ - j/ I I / YoUIfJ _ I-- ~ T I 1 J Ih ( 1 T11u. 1 -~ I V ) Y_- I--- R ... J ""'" I WtCTI I --m ToUIfJ _ R h t=l -_ :-) .- -- I \....LI H ~- .=, ~ I td ! -< 'h _~J ATUNnC DUNES UNTON <[ PARK BOUl.[VARI) / \~ /---1 t ( j 1-- ., II T \.1'. f--- a IftIlMlJ ---1)- I I I I I II~ - -- - GIWlADA CAHAL - -- "-- 1 1 T 1 11171 ':1 <:1.1. DIM J ~ 1- a . I 1 1 I 11""'- 7 z <( CIWlDE CANAL W I I I I I 111./ 0 0 T.- Ie ~- "1--- I I I I II~ u i i= GRANDE CANAL Z I 11 I 1117 j .ur 1- Jt l- I I I'" I '<( toUGO CANAL I I I I I I I-J - 1- i IT I"" \ SAATIACO CANAL II NI III~ 1 -- - T T I I I I I 11,'4 \ BEACH PARKS J TRINIDAD CANAL REZONINGS --....--. . , ORDINANCE NO. 55-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL KNOWN AS NORTH OCEAN BOULEVARD PARKING LOT, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the Ci ty of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open Space) District as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: A parcel of land being a portion of original Lots 13, 14 and 15, OCEAN BEACH SUBDIVISION, Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida, more particularly described as follows: Commencing at the intersection of the centerline of Atlantic Avenue and the East right-of-way line of Andrews Avenue extended; thence with said East right-of-way line Northerly 612.83 feet to the North line of the South Half (S 1/2) of original Lot'13; with an interior angle to the left of 89 degrees 47' 30', 153.00 feet along said North line of the South Half (S 1/2) of original Lot 13, in an Easterly direction to the point of beginning; thence continuing along said North line, 314.95 feet in an Easterly direction to the West right-of-way line of Ocean Boulevard (Sa A-l-A); thence with an interior angle to the left of 81 degrees 10' 07", 57.66 feet in a Southerly direction along said West right-of-way line; thence with an interior angle to the left of 90 degrees 41/ 53", 306.02 feet in a Westerly direction; thence with an interior angle to the left of 90 degrees 12 ' 30", 57.00 feet in a Northerly direction to the point of beginning. The subject property is located north of Atlantic Avenue on the west side of Ocean Boulevard. The above-described parcel contains 0.41 acres of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. . '. - - PASSED AND ADOPTED in regular session on this the day of , 1992 MAY 0 R ATTEST: City Clerk First Reading Second Reading . - 2 - ORD. NO. 55-92 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM * la.c - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 56-92 DATE: OCTOBER 23, 1992 This is first reading of an ordinance rezoning the Sandoway Park property located on the northwest corner of Ocean Boulevard, south of Atlantic Avenue from CF (Community Facilities) zone district to OS (Open Space) zone district. In August 1991, the Planning Department received a letter from the Beach Property Owner's Association, which expressed concerns relative to the potential for the establishment of commercial activities in the beach parks given the allowance of cruise boat operations at Veteran's Park. I CF zoning allows certain accessory uses which are commercial in nature, such as food vendors. The proposed rezoning to OS would protect the parks from commercial activities. Additionally, there has been some discussion regarding a proposal to construct a lifeguard station at Sandoway Park. Currently, this type of use is not allowed under the OS district. However, staff believes that it is appropriate to amend the LDRs so that public facilities associated with public needs can be allowed as accessory uses. The Planning and Zoning Board at their September 21st meeting recommended approval. Recommend approval of Ordinance No. 56-92 on first reading. p~ Lf--o '. . ORDINANCE NO. 56-92 AN ORDINANCE ' OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING SANDOWAY PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open Space) District as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The North 59 feet of the South 100 feet of Lot 23, the South 41 feet of Lot 23, and the North 27 feet of Lot 24, Beach Lots, Delray, lying within Section 16, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property (Sandoway Park) is located south of Atlantic Avenue, on the west side of State Road A-1-A. The above-described parcel contains 1. 89 acres, 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. I :! MAY 0 R ATTEST: City Clerk First Reading Second Reading . " . . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i (6U) - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 57-92 DATE: OCTOBER 23, 1992 This is first reading of an ordinance rezoning the Ingraham Park property located on the northwest corner of Ocean Boulevard, south of Atlantic Avenue from CF (Community Facilities) zone district to OS (Open Space) zone district. In August 1991, the Planning Department received a letter from the Beach Property Owner's Association, which expressed concerns relative to the potential for the establishment of commercial activities in the beach parks given the allowance of cruise boat operations at Veteran's Park. CF zoning allows certain accessory uses which are commercial in nature, such as food vendors. The proposed rezoning to OS would protect the parks from commercial activities. The Planning and Zoning Board at their September 21st meeting recommended approval. Recommend approval of Ordinance No. 57-92 on first reading. f~ 4-0 . . . - - ORDINANCE NO. 57-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING INGRAHAM AVENUE PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING · ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990. ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Tha t the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open Space) District as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The South 59.4 feet of Lot 24, Beach Lots, Delray, lying within Section 16, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property (Ingraham Avenue Park) is located at the northwest corner of Ingraham Avenue and State Road A-1-A. The above-described parcel contains 0.71 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 se8sion on this the day of , 1992. MAY 0 R i' ATTEST: City Clerk First Reading Second Reading . '. . - . - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i J;Lt: - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 58-92 DATE: OCTOBER 23, 1992 This is first reading of an ordinance rezoning the Anchor Park property located on the west side of Ocean Boulevard, north of Casuarina Road from CF (Community Facilities) zone district to OS (Open Space) zone district. In August 1991, the Planning Department received a letter from the Beach Property Owner's Association, which expressed concerns relative to the potential for the establishment of commercial activities in the beach parks given the allowance of cruise boat operations at Veteran's Park. CF zoning allows certain accessory uses which are commercial in nature, such as food vendors. The proposed rezoning to OS would protect the parks from commercial activities. The Planning and Zoning Board at their September 21st meeting recommended approval. Recommend approval of Ordinance No. 58-92 on first reading. p~ 4--0 '. . ---- ORDINANCE NO. 58-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING ANCHOR PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990" ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open Space) District as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The South one ( 1 ) foot of Lot 30 and the North 80.35 feet of Lot 31; and the South 79.4 feet of Lot 31 ; and the North 100 feet of Lot 32 LESS the West 125 feet; and the West 125 feet of the North 100 feet of Lot 32, Beach Lots, Delray, all lying within Section 16, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property (Anchor Park) is located north of Casuarina Road, on the west side of State Road A-1-A. The above-described parcel contains 2.50 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 . '. 1.11 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS - I FROM: CITY MANAGER SUBJECT: AGENDA ITEM i \ Q., F' - MEETING OF OCTOBER 27. 1992 ORDINANCE NO. 59-92 DATE: OCTOBER 23, 1992 This is 'first reading of an ordinance rezoning the Atlantic Dunes Park property located on the east side of Ocean Boulevard, north of Linton Boulevard from CF (Community Facilities) zone district to OS (Open Space) zone district. In August 1991, the Planning Department received a letter from the Beach Property Owner's Association, which expressed concerns relative to the potential for the establishment of commercial activities in the beach parks given the allowance of cruise boat operations at Veteran's Park. CF zoning allows certain accessory uses which are commercial in nature, such as food vendors. The proposed rezoning to OS would protect the parks from commercial activities. The Planning and Zoning Board at their September 21st meeting recommended approval. Recommend approval of Ordinance No. 59-92 on first reading. p~ 4--0 '. '" . ORDINANCE NO. 59-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING ATLANTIC DUNES PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990. ; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: l Section 1. That the following described property in the City I of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open Space) District as defined in Chapter Four of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The South 400.00 feet of the North 4680 feet lying East .1 of State Road A-1-A and the South 100 feet of the North 2140 feet of Government Lot 4 east of State Road A-I-A, all lying in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida; TOGETHER WITH Lots 1 and 2, DELRAY BEACH SHORES, recorded in Plat Book 23, Page 167, of the Public Records of Palm Beach County, Florida. The subject property (Atlantic Dunes Park) is located north of Linton Boulevard, on the east and west sides of State Road A-I-A. The above-described parcel contains 7.00 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 becollle effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of , 1992. I MAYOR I ATTEST: I I City Clerk First Reading Second Reading . '.