04-23-91 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 23, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
Agenda
Meeting of 4/23/91
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
'/1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of March 26, 1991 and April 9,
1991 and Special Meeting Minutes of April 2, 1991.
6. Proclamations:
A. One-to-One Mentoring Day - April 25, 1991.
B. Victims' Rights Week - April 21 through 27, 1991.
C. Soil and Water Stewardship Week - April 28 through May 5, 1991
D. USPTA's Across America Tennis Day - May 11, 1991.
7. Presentations: None.
8. Consent Agenda:
A. AUTHORIZATION TO SUBMIT APPLICATION FOR SUMMER FOOD SERVICE
PROGRAM: Authorize staff to submit an application to the Florida
Department of Education for reimbursement of funds expended to
provide lunch for the participants in the City's Summer Camp
program. City Manager recommends approval.
B. APPROVAL OF ELIGIBILITY CRITERIA/BOOTSTRAP PROGRAM: Approve
proposed eligibility criteria developed for the Bootstrap Program
and authorize program implementation. City Manager recommends
approval.
C. WATER SERVICE AGREEMENT/PIOUS SOCIETY: Approve a water service
agreement with The Pious Society of the Missionaries of St. Charles
Boromeero. City Manager recommends approval.
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Agenda
Meeting of 4/23/91
D. AGREEMENT BETWEEN THE CITY AND TAX COLLECTOR'S OFFICE: Approve
an agreement between the City and the Tax Collector's Office which
provides for a uniform method of collecting and distributing
Stormwater Utility fees. City Manager recommends approval.
E. RENEWAL LEASE AGREEMENT: Renew a lease agreement between the
City and Florida East Coast Railway for the lease of six parcels of
land on the Railway's right-of-way. City Manager recommends
approval.
F. INTERLOCAL AGREEMENT/TRI-COUNTY COMMUTER RAIL AUTHORITY:
Approve an interlocal agreement between the City and Tri-Rail for
the construction of temporary parking facilities. City Manager
recommends approval.
G. PROPOSED CITY/COUNTY PROJECT (SWINTON AVENUE) : Approve a
/' proposed City/County project for the redesign of Swinton Avenue
from S.E. 10th Street to Old Dixie Highway. City Manager
recommends approval.
H. MODIFICATION TO THE CAPITAL IMPROVEMENT/NORTH FEDERAL HIGHWAY
SEWER MAIN EXTENSION: Amend the Capital Improvement Program
project list to include the extension of the North Federal Highway
Sewer Main. City Manager recommends approval.
I. REQUEST FOR FINAL PAYMENT/POST, BUCKLEY, SCHUH AND JERNIGAN:
Approve request for final payment from Post, Buckley, Schuh and
Jernigan in the amount of $24,824.51 for completion of Service
Authorization No. 4 (Modifications to the North Water Plant) with
funding from Water and Sewer/Water Treatment Plant Engineering
Services (Account No. 441-5122-536-33.11) . Account balance
$26,049. City Manager recommends approval.
J. THIS ITEM WAS MOVED TO THE REGULAR AGENDA.
K. ACCEPTANCE AND RATIFICATION OF ADVISORY BOARD RECOMMENDATIONS
FOR APPOINTMENT TO THE CARVER MIDDLE SCHOOL TASK FORCE: Appoint
the nominees as recommended by the Community Redevelopment Agency,
Delray Beach Housing Authority, Chamber of Commerce and the
Planning and Zoning Board to the Carver Middle School Task Force.
City Manager recommends approval.
L. RESOLUTION NO. 30-91: A Resolution abandoning two utility
easements within the plat of Delray Town Center, located at the
northeast corner of Linton Boulevard and Military Trail. City
Manager recommends approval.
M. RESOLUTION NO. 32-91: A Resolution amending the Community
Redevelopment Plan to permit the expenditure of $3,500 from the Tax
Incremental Financing funds to be used to for the removal and
elimination of power poles and other obstructions from trave1ways
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Agenda
Meeting of 4/23/91
within property being redeveloped within the Community
Redevelopment Area. City Manager recommends approval.
N. AWARD OF BIDS AND CONTRACTS:
l. Tractor- Environmental Services- Ford New Holland, Inc.
in the amount of $12,513 with funding from Environmental
Services/Equipment Other (Account No. 001-3113-541-60.89) .
Account balance $25,931. Amount budgeted $21,500. City
Manager recommends approval.
2. Rehabilitation of the 1/2 Million Gallon Elevated Tank-
Environmental Services- Dees Contracting, Inc. in the amount of
$259,111 with funding from Cellular One ($121,000),
Environmental Services Repair and Replacement ($43,000) -
Account No. 442-5178-536.61.79 and 1984 Water and Sewer Revenue
Bond Issue ($95,111) - Account No. 441-5162.536-61.79. City
Manager recommends approval.
9. Regular Agenda:
/ A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period of April 8
through April 22, 1991.
/ B. APPEAL OF PLANNING AND ZONING DETERMINATION: Consider an
appeal of a Planning and Zoning determination of similarity of use
to allow a commercial boat dock as a conditional use in the Central
Business Zoning District (CBD) .
, C. CONDITIONAL USE APPROVAL/SHELL: Consider a request for
conditional use approval for a major modification to convert an
existing Mobil gasoline station, located on the southeast corner of
Atlantic Avenue and Military Trail, to a Shell gasoline station.
Planning and Zoning Board recommends approval (6-0 vote).
~D. CONDITIONAL USE APPROVAL/WENDELL MILLER: Consider a request
for conditional use approval to establish an auto repair shop on
the west side of Federal Highway, just south of the Delray Drive
In.
JE. DISPOSITION OF APPEAL OF A PLANNING AND ZONING BOARD
DECISION/AMENDMENT TO THE MASTER DEVELOPMENT PLAN FOR DELRAY PARK
OF COMMERCE: Determine the disposition of the appeal of a Planning
and Zoning Board decision regarding a request for a Master
Development Plan amendment for Tract R, Delray Park of Commerce
located on the northeast corner of Lake Ida Road and Congress
Avenue.
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Agenda
Meeting of 4/23/91
F. FURTHER CONSIDERATION OF ORDINANCE NO. 7-91 : An Ordinance
annexing to the City of Delray Beach land lying and being in
Section 14, Township 46 South, Range 42 East, Palm Beach County,
Florida, effective. March 1, 1991. This annexation is commonly
referred to as West Atlantic Avenue Annexation #3. Public hearing
held February 12, 1991.
G. AUTHORIZATION TO SUBMIT GRANT APPLICATION/RESOLUTION NO. 33-91:
Authorize staff to apply for funds under the Provisions of Chapter
161, Florida Statutes for our Beach Erosion Control project. City
Manager recommends approval.
H. STREET LIGHTING/FORMER ISLES OF DELRAY: Consider providing
lighting along Enfield Court, a private street, located in the
former Isles of Delray development. City Attorney's office
recommends denial.
1. ASSIGNMENT OF BASEBALL SCHOOL AGREEMENT: Consider extending
the lease on the Bucky Dent Baseball School until 2006 and assign
the lease agreement to Michael Wiggins. City Manager recommends
approval.
J. AGREEMENT BETWEEN THE CITY AND PROPERTY APPRAISER'S OFFICE:
Consider an agreement between the City and the Property Appraiser's
Office which provides for a uniform method of collecting and
distributing Stormwater Utility fees.
K. REQUEST FOR ADDITIONAL ARCHITECTURAL FEES/FIRE STATION NO. 2 :
Consider a request from Currie Schneider Associates AlA, PA for
additional payment in the amount of $25,000 for architectural
services rendered for the Fire Station No. 2 project.
L. CHANGE ORDER NO. 2/ARZ BUILDERS: Approve Change Order No. 2 ,
in the amount of $4,832.91, to the contract with ARZ Builders for
the replacement of a 7.5 ton air-conditioning unit at the new City
Attorney office facility. City Manager recommends approval.
M. ACQUISITION OF PROPERTY IN LIEU OF PAYMENT OF CERTAIN LIENS:
Consider an offer from Barnett Banks Trust Company to sell the City
property located at 521 N.W. 2nd Street in lieu of payment of
certain liens on the property which total approximately $2,600.
Funding is available from the appropriation for in-fill housing.
City Manager recommends approval.
/N. APPOINTMENT OF A MEMBER TO THE POLICE AND FIRE PENSION BOARD OF
v TRUSTEES: Appoint a member to fill the expired term of John
Tranter on the Police and Fire Pension Board of Trustees to a term
ending April 22, 1993. Mayor's appointment.
O. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE:
Ratify appointments to the Kids and Cops Committee.
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Agenda
Meeting of 4/23/91
P. INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD: Approve an interlocal agreement between the City and
Palm Beach County School Board for the acquisition and development
of approximately six (6) acres of land located direction north of
S.D. Spady Elementary School.
10. Public Hearings:
A. ORDINANCE NO. 35-91: An Ordinance annexing a vacant parcel
v located at the northeast corner of Barwick Road and Atlantic Avenue
with an initial City zoning of Community Facilities (CF) to
facilitate the construction of Middle School HH-2. Planning and
Zoning Board recommends approval (6-0 vote).
/B. ORDINANCE NO. 39-91: An Ordinance amending the Code of
Ordinances by deleting Section 91.50 through 91.52 and amending the
Land Development Regulations by creating a new section 4.6.8(C),
"Lighting Restrictions Along the Beach" to change the hours during
which lights visible from the beach must be shielded or turned off.
Instead of from 11:00 p.m. until 6:00 a.m., the new hours would be
sunset to sunrise. Planning and Zoning Board unanimously
recommends approval.
C. ORDINANCE NO. 40-91: An Ordinance amending the Code of
Ordinances to provide that the penalty for violation of Chapter 51
shall be to perform certain hours of community service or labor
work. City Manager recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 31-90: An Ordinance rezoning property in Block
20, Town of Delray from GC (General Commercial) District and R-1-A
(Single Family Dwelling) District to CF (Community Facilities)
District to accommodate the proposed relocation of Fire Station No.
1. Planning and Zoning Board recommends approval. This Ordinance
contains the corrected legal description. If passed public hearing
May 14th.
B. ORDINANCE NO. 41-91: An Ordinance amending Chapter 52
"Water" of the Code of Ordinances to provide for a decrease in the
guarantee-of-payment deposit for utilities. City Manager
recommends approval. If passed public hearing May 14th.
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Agenda
Meeting of 4/23/91
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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\Well- c:Ift1antic dl-omwW'nElt~ c;If~waia1ion (WA POH~)
P.D. !Box 604
!1Jd'taf/ !Be.a.ch2 'Jlouda. 33444
Delray City Hall
100 NW 1st Ave
Delray Beach, FL 33444
Dear Mayor Lynch,
This letter serves to advise you of our interest in becoming a part
of the Geographic Area of Exception ( GAC) . As the downtown area
continues to develop, we too would like to share the growth. We
are appalled at the lack of real, substantial interest in the
businesses west of Swinton Avenue. The Models being discussed
concerning a vision of Delray Beach in the year 2011 do not include
us. As you apply this exception to traffic performance standards,
etc. do not leave us out.
For too many years we have been treated as the City's unwanted
step-children. Let's create a plan for redevelopment that includes
West Atlantic. As an example, we have a new Courthouse that is ln
desperate need of complimentary businesses. Downtown does not
begin and end at Swinton. We are taxpayers too, and our
neighborhoods are the gateway to the ocean. Include us in your
long term plan, develop a Delray Beach of which we can all be
proud. Show other Florida cities that various cultures, races, and
ethnic backgrounds can work together to serve urban blight.
Community Redevelopment has some ambitious plans, none however that
get to the root of our problem, that lS, job creation. A Comic
Book Museum and a Magicians' Museum are interesting diversions,
but neither wi 11 create the significant number of jobs needed to
impact the lives of our residents.
The eRA and the DDA plan to possibly purchase a se'rvi ce station.
Let's invest that money in West Atlantic Avenue. We need more than
sod, trees, and a few For Sale signs to bring about economic
development. We need the same degree of commitment and energy
spent on us as is spent on East Atlantic.
Sincerely,
...
~~
President
cc: City Planning Department
CITY DF DELRAY BEA[H
~ . ~- - -..<:.. - . . . - - - ---
PROCL..l.lI.-t f1()\
WHEREAS, increasing numbers of our young people are
disadvantaged by their economic and social circumstances, and suffer
from cumulative obstacles that, without intervention, make it
difficult for them to grow into self-sufficient adults; and,
WHEREAS, in many cases, the essential ingredient missing
in these young people's lives is the presence of caring adults, who
along with parents, are able to act as role models and offer sup-
port, counsel, friendship and a constructive example; and,
WHEREAS, mentoring, in recognizing the potential in all
individuals, provides that positive role model to help empower
others, providing them the self-esteem, education, job training or
life skills; and,
WHEREAS, every young person who might benefit from a
mentoring relationship should have the opportunity to be matched
with a caring partner; and,
WHEREAS, mentoring offers unique benefit for the communi-
ty, for those who volunteer, and those mentored; and,
WHEREAS, it is important to stimulate the expansion and
strengthening of existing mentoring programs; and,
WHEREAS, we should make mentoring a high priority in our
community; and,
WHEREAS, it is fitting to set aside a special day of
tribute to recognize the contributions of those who serve as mentors
and those who support mentoring activities,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim April 25, 1991, as
"ONE TO ONE MENTORING DAY"
and urge all residents to participate in appropriate observations
and to assume their responsibilities as citizens of the United
States by becoming involved with mentoring programs.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to be
affixed this 23rd day of April, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
(p A
.
CITY DF DELRAY BEA[H
- ~4~
J
WHEREAS, almost thirty-five million Americans become
victims of crime each year, with 5.7 million citizens falling
prey to violence; and,
WHEREAS, the U.S. Department of Justice estimates that
five out of six of today's twelve-year olds -- 83 percent of
Americans that age -- will be the victims or intended victims of
violent crime in their lifetime; and,
WHE REAS , only 37 percent of crimes are reported to law
enforcement officials; and,
WHEREAS, to fight the continuing threat of crime and
victimization, all Americans must join together, committing their
individual and collective resources to crime prevention and
victim services; and,
WHEREAS, over 6,000 victim service, criminal justice
and law enforcement organizations will work together to observe
the commemoration of Victims' Rights Week; and,
WHEREAS, the City of Delray Beach requires the commit-
ment of concerned citizens and leaders in both the public and
private sectors to continue providing quality services which aid
the innocent victims of crime,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of April 21
- 27, 1991, as
"VICTIMS' RIGHTS WEEK"
in the City of Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray, Florida, to be
affixed this 23rd day of April, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
Co 8
[ITY DF DELRRY HEREM
,oc '. :; . _;- ':''.j~\;'--,E -' :: _ -.,...... ~ -:..:. _..... ~ _ _ ~ ' C'..:.. .:.] J~.J
PROCL.-UI.-t TIO,\
WHEREAS, our well-being depends on the production of
ample food, fiber and other products of the soil; and,
WHEREAS, the quality and quantity of these products
depends on the conservation, wise use and proper management of soil
and water resources; and,
WHEREAS, protection of our water from pollution depends
on sound conservation practices; and,
WHEREAS, conservation districts provide a practical and
democratic organization through which landowners take the initia-
tive to conserve and make proper use of these resources; and,
WHEREAS, the conservation movement is carrying forward a
program of soil and water conservation in cooperation with numerous
agencies and countless individuals,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim April 28 through May 5,
1991, as
"SOIL AND WATER STEWARDSHIP WEEK"
in full appreciation of the value of our soil and water to the
public welfare and to those who protect those resources.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 23rd day of April, 1991.
MAYOR
THOMAS E. LYNCH
SEAL
, C.
CITY DF DELRRY HEREM
- - - - ---
P}U>lL I'll/If)\,
WHEREAS, tennis is a recreational game and a competitive
sport that is played by millions of people of all ages and ability
levels across the United States: and,
WHEREAS, tennis is a proven means of achieving physical
fitness: and,
WHEREAS, the United States Professional Tennis Associa-
tion, or USPTA, is the oldest and largest association of profes-
sional tennis teachers in the world: and,
WHEREAS, USPTA, a not-for-profit association, and its
members aspire to increase participation in tennis and to elevate
the standards of tennis teaching as a profession: and,
WHEREAS, the month of May, 1991, has been designated
"National Physical Fitness and Sports Month": and,
WHEREAS, May 11, 1991 , has been designated "Across
America Tennis Day": and,
WHEREAS, the goal of physical fitness is shared by both
USPTA and the great State of Florida and the City of Delray Beach,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim May 11, 1991, as
"USPTA's ACROSS AMERICA TENNIS DAY"
in the City of Delray Beach. The City Commission of the City of
Delray Beach further acknowledges the unselfish efforts of USPTA
teaching professionals to contribute further to the revitalization
of tennis and to the value of health consciousness in communities
across the United States.
IN WITNESS WHEREOF, I have hereunto set my hand and the
Official Seal of the City of Delray Beach, Florida, on this the
23rd day of April, 1991.
MAY 0 R
THOMAS E. LYNCH
SEAL
t, ]:)
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERM
SUBJECT: AGENDA ITEM # gll - MEETING OF APRIL 23, 1991
AUTHORIZATION TO SUBMIT APPLICATION FOR SUMMER FOOD SERVICE
PROGRAM
DATE: April 17 J 1991
This item is before you to authorize staff to submit an application
for the summer food service program sponsored by the Department of
Education. We have participated in this program for the past three
years. Last year we served approximately 8,900 lunches at our three
summer day camp sites. This program is 100% grant funded. Funding
under this program is used to hire a staff person to coordinate the
food service program, as well as to pay for foodstuffs.
Recommend approval of request to submit an application to the
Department of Education for the Summer Food Service Program.
r "
l
i
I
Agenda I tem No.:
AGENDA REQUEST
Date: April 15. 1991
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 23, 1991
Description of agenda item (whol what, wherel how much) : Commission
;lpproval to apply for the Summer Food Service Program for summer day camn lunches
frnm t-hp npp::Irt-mpnt- nf Fnlll'::It-inn Wp have parti~ipated in thiR pro~r;lm thp paRt
tbr~~ y~"'r'" ",nel 1",,,,t- yp",r ~pr"pel n"pr R.QOO h1lnnrpn l1lnC"hPR ;It' o1lr t'hrpp ~1Immpr n::lY
camns. This nrogram is funded 100% by the Department of Education.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to apply for the Summer Food Service f.~ogram.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved ,for agenda: @/ NO fJJ1
Hold Until:
Agenda Coordinator Review: ~
Received:
Action: Approved/Disapproved ~
Y~". '"
FLORIDA DEPARTMENT OF EDUCATION
Betty Castor
Commissioner of Education
February 18, 1991
TO: Mr. Joe Dragon
City of Delray Beach
Recreation Department
Civic Center
50 N.W. 1st Avenue
De~ Beach, Florida 33444 ,,-
~ I,' L
". . '\:.. V. / ~x:e.'Y"""\
FROM: Joe orden~ ~ministrator
Fo'ad and Nutrition Management
SUBJECT: Application for Summer Food
Service Program for Children - 1991
i
This letter constitutes the official notice of application for the
Summer Food Servi ce Program and incl udes two copies of the Agreement
(ESE 198) in addition to the other required forms.
If you wish to apply for participation in the program we must have
your Application for Participation (ESE 196) and other required documents
summarized on the Application Check-off List in the Tallahassee office
by May 15, 1991. Copies.of the Site Information Sheets (ESE 197) must
be sent to your Area Program Management Specialist by May 15, 1991.
The name and address of the Area Program Management Specialist for
your area is:
Mr. Dominick Passanante
Program Management Specialist
Food and Nutrition Management
State of Florida Regional Service Center
111 Georgia Avenue, First Floor
West Palm Beach, Florida 33401
(407) 837-5034
We are enclosing an Administrative Handbook, a copy of the U.S.D.A.
Summer Regulations, and an Appendix with sample forms to assist you
in completing your application.
(over)
Tallahassee, Florida 32399
An Affirmative Action/Equal Opportunity Employer
- ,
" . ,
The 1991 maximum reimbursement rates are as follows:
Operational Administrative
Ru ra 1 /
Se If Prep Othe r
Breakfast $ 1.0875 $ . 1000 ~
Lunch/Supper $ 1. 9550 $ .1850 $ .1550
Supplement $ .5125 $ .0500 $ .0400
Overni ght resi denti a 1 camp sponsors and sites classified as "Enrolled"
must use the 1991 Household Income El i gi bil ity Appl i cati ons and meet
the specific requi rements for this type of sponsor/site. For "Open
Regul ar" sites, site eligibility documentation may continue to be the
1980 census tract data, the new 1990-91 Needy School Printout or other
acceptable method. Review carefully the enclosed new Special
Instructions for completing Item 11 of the Site Information Sheet (ESE
197) .
An official approval letter will be sent to you after we have reviewed
your application and have determined that all program application
requirements have been met.
JW/esf
Enclosures: Application Check-off List (see Appendix)
Application for Participation (ESE 196)
Site Information Sheets (ESE 197)
Agreements (ESE 198)
Administrative Handbook with Appendix
and Sample Forms
U.S.D.A. Summer Regulations (April, 1990)
Appeal Procedure
Site Eligibility Instructions and 1980 Census
and Needy School Printout (where applicable)
Preaward Nondiscrimination Compliance Review
(ESE 156)
Instructions for Income Eligibility Application
(where applicable)
ESE 197 Special Instructions
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'J-1
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 23, 1991
APPROVAL OF ELIGIBILITY CRITERIA/BOOTSTRAP PROGRAM
DATE: April 17, 1991
In accordance with the Housing Element of the Comprehensive Plan and
recommendations made by the Neighborhoods Task Force and Commission
direction, staff has developed eligibility criteria to be used in
implementing the Bootstrap Program. The Bootstrap program was created
to assist property owners with maintaining and enhancing their
neighborhood environment through the upgrading of exterior
improvements. Funding in the amount of $100,000 has been dedicated
for this program. Full grants up to $3,500 will be made available to
those qualified owners whose household income does not exceed 80% of
the median income for Delray Beach. For those individual households
which exceed the median income limit, up to 120%, a matching grant
program has been established. Additionally, while those households
with gross annual income in excess of 120% will not be eligible to
participate in the Bootstrap Program, they will be encouraged to
participate in the Community Redevelopment Agency's interest free loan
program.
Recommend approval of established criteria for eligibility to
participate in the Bootstrap Program and authorize staff to implement
the program.
1
.
. Agenda Item No. :
AGENDA REQDEST
Date: 4/15/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
~~
When: 4/23/91
Description of agenda item (who, what, where, how much):
Commission action on the eligibility requirements, program description and
implpmpntati.on of thp City's Bootstrap ProQ:ram
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Commission Action
Department Head Signature: ~/~ -----
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: 001-2711-524-61.72 (if applicable)
Account No. & Description:
Account Balance: 166,480
City Manager Review:
Approved for agenda: @/ NO P1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: REQUEST FOR CITY COMMISSION APPROVAL OF ELIGIBILITY
CRITERIA ESTABLISHED FOR THE BOOTSTRAP-PROGRAM
--
DATE: APRIL 17, 1991
ITEM BEFORE THE COMMISSION:
- -
Approval of eligibility requirements proposed for citizen
participation in the "Bootstrap" Program and authorize staff to
implement this program.
BACKGROUND:
The Housing Element of the the Comprehensive Plan mandates that a
Bootstrap Rehabilitation program be established to assist City
residents with maintaining and enhancing their neighborhood
environment. The Neighborhood Task Team reviewed this program and
provided for the broad Program Description defining the
parameters of the program. Staff had the responsibility of
developing the detail eligibility criteria and establishing
specific policies and procedures under which the program will
work. We feel that the proposed eligibility criteria adequately
represent the direction provided from the Task Team and is
consistent with policies approved and identified within the
approved Comprehensive Plan. By way of approval of the
Neighborhood Task Team's Final Report, the Commission allocated
$100,000 for this program for fiscal year 1990/91.
RECOMMENDATION:
We are recommending City Commission approval of the Eligibility
Criteria as proposed from staff for the "Bootstrap" Program.
Such approval will provide the authorization to implement this
program.
B:Bootst2.LB/LB4
CITY OF DELRAY BEACH
BOOTSTRAP PROGRAM
CRITERIA
The Bootstrap Program is created to assist property owners with
maintaining and enhanc ing their neighborhood environment through the
upgrading of exterior improvements related to single family and some
multifamily dwelling units. The program can provide for the phasing
of needed improvements over a given period of time. Our focus will be
on the paint-up/fix-up component which will include simple repairs,
paint jobs, yard clean-up and simple landscaping work.
I. ELIGIBILITY REQUIREMENTS
A. To qualify for the program, applicants must meet the
following criteria:
1. Owner-occupant of a single family or duplex unit, or
investor owner of residential units
2. Qualify under income eligibility guidelines
3. Dwelling must be located in one of the neighborhoods
designated by the Comprehensive Plan for assistance
with stabilization
4. Dwelling is in need of at least one of the exterior
improvements listed on the eligible activity list
5. Provide documentation to verify that property taxes and
mortgage are in good standing
II. DEFINITION OF ELIGIBILITY REQUIREMENTS
A. The following is a list of definitions pursuant to terms
used within the Bootstrap Program:
1. OWNER-OCCUPIED UNIT - Owner-occupied, single family or
duplex units. Applicant must present a copy of the
deed to establish ownership.
2. INVESTOR/OWNER - Individual or corporation owner of
multifamily building having 3 or more units.
3. INCOME ELIGIBLE - To qualify for either a grant or a
matching grant, applicants must meet the criteria
established based on maximum income annual income (See
Income Eligibility Guidelines).
Bootstrap Program Criteria
Page 2
4. PROPERTY LOCATION - Consideration is given to units
located within the 18 neighborhoods defined by the
Comprehensive Plan, Housing Element and identified by
the Residential Categorization Map as stabilization-
/revitalization or rehabilitation/revitalization areas
requiring Bootstrap Program activities. At its
designated annual meeting, the Neighborhoods Task Team
will provide a neighborhood priority list.
5. EXTERIOR IMPROVEMENTS - Repairs and improvements to
exterior of the dwelling (See Eligible Improvements).
6 . PROPERTY TAXES CURRENT AND MORTGAGE IN GOOD STANDING -
Applicants will be asked to furnish proof of paid
property taxes for the current tax period and provide
verification that their mortgage is current~
B. Applications received from residents outside the designated
priority neighborhoods may be considered during the fiscal
year should the demand from the designated priority
neighborhoods not exceed the amount of funds available for a
designated time period.
III. INCOME ELIGIBILITY GUIDELINES
Financial assistance may be provided by the City to eligible
households in the form of full grants and matching grants.
A. FULL GRANT - A $3,500 maximum full grant will be available
to qualified owners of owner-occupied single family and
duplex units who meet the following income limits:
Households whose gross annual income do not exceed 80% of
median income for Delray Beach. Median income is defined
and published by the federal government.
HOUSEHOLD SIZE MAXIMUM ANNUAL INCOME
1 Person $22,400
2 Persons 25,600
3 Persons 28,800
4 Persons 32,000
5 Persons 34,000
6 Persons 36,000
7 Persons 38,050
8 Persons 40,000
Priority consideration will be given to households whose fixed
household expenses exceed 45% of their gross monthly income and/or
situations where the head of the household is a physically-challenged
individual or considered to be a senior citizen (62+).
Bootstrap Program Criteria
Page 3
Fixed Household Expenses are defined as mortgage/rent,
utili ties, real estate taxes, insurances (haz ard, flood) .
B. MATCHING GRANT - A matching grant is defined as a portion of
the costs incurred for improvements being awarded to the
applicant by the City. The applicant will be responsible
for the difference between the grant award and the total
cost of the improvements not to exceed $3,500. The City
will provide matching grant funds for households according
to the following criteria:
- Households whose total gross income falls between 81% to
95% of the median income may be eligible for a match grant
equal to 50% of the total cost, not to exceed $1,750.
- Households whose total gross income falls between 96% to
105% of the median income may be eligible for a match grant
equal to 40% of the total cost, not to exceed $1,400.
- Households whose total gross income falls between 106% to
120% of the median income may be eligible for a match grant
equal to 30% of the total cost, not to exceed $1,050.
- Households whose gross annual income exceed 120% of median
income for its family size will be encouraged to participate
in the CRA's interest-free loan program or other loan
incentives that may be offered by local banks, pursuant to
the Community Reinvestment Act requirements. The City staff
will be responsible for providing information and referrals
in such cases.
C. INVESTOR-OWNED RESIDENTIAL UNITS - Such owners will be
encouraged to participate in the Bootstrap Program through
the offering of deferred loans. Investors will be eligible
for a dollar-for-dollar match for eligible improvements at
an amount not to exceed $3,500. The deferred loan is
forgivable at the rate of 20% per year over a 5-year period
provided the property and improvements are maintained, in
accordance with the Ci ty' s code requirements governing
nuisance, landscape improvements to multifamily units and
other code requirements.
In cases where the investor owner is found not in
compliance, a calculated pro-rated amount of the deferred
loan, based on the length of time the improvements have been
in place, will be required to be repaid to the City. Such
requirements will be made a part of the executed agreement
between the City and investor owner.
Bootstrap Program Criteria
Page 4
IV. GRANT TERMS AND CONDITIONS
All funds provided by the City, full grants and matching grants, will
be monitored by City staff.
A. INCOME VERIFICATION - Written verification of income shall
be required to document the applicant's income eligibility.
B. ELIGIBLE IMPROVEMENTS - The Bootstrap Program is designed to
provide assistance to owner-occupied units for EXTERIOR
improvements. Eligible improvements consist of:
Exterior painting
Replacing broken windows, shutters, screens, awnings
Roof work - minor repairs or replacement
Landscaping
Driveway and carport repairs
Fence repairs
Replacement of missing or rotten siding
Gutters and downspouts
Porch and stair repairs
The City encourages residents to perform as many of the tasks that do
not require licensed contractors for which they are capable of
executing themselves. For those residents that are able to do certain
tasks themselves, the City has made arrangements with landscaping and
paint suppliers to provide the residents with materials below-retail
cost (See Procedures for Implementation) .
V. PROCEDURES FOR IMPLEMENTATION
A. INSPECTION AND WORK SPECIFICATIONS - After an applicant is
determined to be eligible for the Bootstrap Program, City
staff persons will inspect the dwelling and the surrounding
property to determine the work needed based upon the
eligible improvements as listed above. Staff will then
proceed with a detailed work write-up and estimated cost of
the job, the amount of supplies required and how much of the
needed work can be completed by the homeowners.
B. REVIEW OF WRITE-UP WITH HOMEOWNER - Following the
preparation of the work-write-up by-staff, the staff will
confer with the homeowner regarding the nature of the
proposed work and to determine what tasks can be completed
by the homeowner, by volunteers or a contractor. The
homeowner must agree with the work specifications and how it
is determined that the work will be performed.
Bootstrap Program Criteria
Page 5
C. CONTRACTED WORK - Following the conference with the
homeowner regarding the proposed work, if it 1S determined
that a contractor will be required to perform the work,
consent must be given by said homeowner to the work
specifications before the contractor is selected. Any
issues relating to work which are not resolved in conference
may be referred to the Director of Community Improvement.
Once consent has been obtained from the homeowner, the City
staff will select a contractor on the basis of his formal
bid or quotes in accordance with the City's Purchasing
policies and Procedures.
Participating contractors shall be certified and licensed
according to the area of needed repair. Minority
contractors shall be encouraged and solicited for
participation in this program.
Contracts shall be between the Homeowner and the Contractor
with the City acting as agent for the owner.
Periodic inspections shall be made by the City's Community
Development Rehab Specialist and the Building Inspection
staff to insure compliance with work specifications and the
City's Building Code.
All contract payments shall be made by the City directly to
the contractor. Following the completion of the work, the
contractor will be paid in accordance with the terms
specified. Upon completion of the work, a final inspection
will be performed by the City's Rehab Specialist and the
City's Building Department to ensure that all work completed
complies with the contract and building code. The
contractor shall submit an invoice for payment, releases of
liens and warranty documents. Following the receipt of the
required documents and final approval of work, the
Neighborhood Housing Specialist will authorize payment.
Changes in work that may become necessary during repair job
will be negotiated by the City Rehab Staff person(s) and
approved in accordance with City purchasing policies.
Owners shall be consulted concerning proposed change orders.
The contractor shall make no changes in the work nor seek
paymen t for changed or addi tional work wi thou t prior
issuance of a written change order.
Bootstrap Program Criteria
Page 6
D. HOMEOWNER ACTIVITIES
1. SUPPLY REQUISITIONS - If it is determined that the
homeowner has adequate skills to complete all or a part of
the improvements, a supply requisition will be issued
through the Neighborhood Housing Specialist for the needed
ma terials. The homeowner will submit the requisition to the
supplier as directed by the City.
Participating suppliers will only dispense supplies to
homeowners possessing a City-approved supply requisition.
Any changes made to the original supply requisition issued
by the City to the homeowner must be approved by the
Neighborhood Housing Specialist. The supplier will make no
changes to the original order without prior issuance of an
approval from the Ci ty.
Paint suppliers will have pre-selected color schemes from
which homeowners may choose. Landscaping suppliers will
also have a pre-determined list of materials available to
the homeowners as established by City staff.
All suppliers will maintain a blanket purchase order which
will be paid by the City monthly.
E. INSPECTIONS - Following the homeowner's receipt of supplies,
the City Rehab Specialist will monitor the work to make
certain all work specified is met and that the materials are
used in a timely fashion.
If at any point the City Rehab Specialist determines the
work is not manageable for the homeowner and additional
labor is required or landscaping materials are not being
installed in a timely fashion, a conference will be called
between Ci ty staff and the homeowner to make arrangements
for the completion of the work. Any work which requires the
services of additional labor which was not originally
considered in the work write-up, will be reviewed by the
Director of Community Improvement and arrangements will be
made for hiring the necessary labor according to the City of
Delray Beach Purchasing Policies and Procedures. The
project may be completed by volunteer labor which the
Neighborhood Housing Specialist will be responsible for
arranging. All work must be completed within a timely
fashion as determined by the City Rehab Specialist.
F. VOLUNTEER LABOR - The Neighborhood Housing Specialist will
make arrangements for a volunteer labor force when deemed
appropriate. Volunteer labor will be targeted specifically
for work needed by senior citizens or physically-challenged
individuals.
G. MONITORING - The City will periodically perform inspections
and obtain information necessary to insure compliance with
the grant agreement.
d/9 Criteria.BS
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/;9?tt
SUBJECT: AGENDA ITEM # !C- - MEETING OF APRIL 23, 1991
WATER SERVICE AGREEMENT/PIOUS SOCIETY
DATE: April 17, 1991
We have received a request from the Pious Society for water service
for a proposed housing facility to be located north of Country Manor
and south of the property which was proposed for the Mayfair Gardens
Town Center. This property is contiguous to the City via a common
border with Country Manor. However, full services are not readily
available to the area.
This site is relatively isolated. It is inappropriate to annex this
property at this time as we will not be providing sewer service, nor
are there roadways which comply with our standards. Additionally
annexation would create an isolated parcel which is not readily
accessible from other City property. Therefore, while it is
appropriate to approve the water service agreement, it should not be
executed until such time as assurances are provided that the water
system will be designed and constructed to our desires and that other
provisions of our development regulations are complied with (minus
land use).
There is no requirement for the Planning and Zoning Board to review
this requestj however, it is appropriate that the Site Plan Review and
Appearance Board act upon the site plan in order to assure compliance
with our regulations. A detailed staff report is attached as backup
material for this item.
Recommend approval of a water service agreement for the Pious Society,
subject to our receiving assurances that the water main extension will
be accommodated in a manner agreeable to the City Engineer and that
the final site plan be submitted and acted upon by the Site Plan
Review and Appearance Board prior to final site plan approval by Palm
Beach County.
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991
WATER SERVICE AGREEMENT - PIOUS SOCIETY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a water service agreement.
The project is a housing facility for the PIOUS Society. It
is located north of County Manor and south of the property
which was heretofore proposed for the Mayfair Gardens Town
Center.
Approval of water service agreements by the City Commission
is a standard procedure. Policy B- 3 . 2 of the Future Land
Use Element provides:
"Facilities shall be provided to unincorporated areas, upon
demand, in a manner consistent with policies of the City.
The provision of water facilities shall be accompanied by an
agreement to voluntarily annex upon eligibility unless the
property is already eligible in which case, annexation shall
precede the provision of services."
BACKGROUND:
This property is within Palm Beach County. It is contiguous to
the City via a common border with Country Manor; however, full
services are not readily available to the area. The PIOUS
Society is withln the County's land use system, seeking a special
exception. While the land use is inconsistent with our Future
Land Use Map (showing the area rural residential), other aspects
of the projects (intensity, quality of development) meet our
standards. The land use decision rests with the County since our
Plan designations are only advisory to them at this point in
time. The Special Exception is scheduled for hearing by the
County Commission on Thursday, April 25th.
.
City Commission Documentation
Water Service Agreement - PIOUS Society
Page 2
Since we will not be providing sewe:r service, nor are there
rc.adways which comply with our standards, and since annexation
would create an isolated parcel which is not readily accessible
from other City property, it is not appropriate to annex the
property at this time. Thus, the water service agreement is
before the Commission,
Since the site is relatively isolated we will not be obtaining a
completely looped water main extension; however, the main should
be laid out in a manner which will best accommodate further
extensions (and eventually service to others with a looped
system) .
Also, the Fire Chief would like to see the structure have a
sprinkler system thus providing a further element of fire
suppression.
While it is appropriate to approve the water service agreement at
this time, it should not be executed until such time as
assurances are provided that the water system will be designed
and constructed to our deslres and that other provisions of our
development regulations are complied with as they are appropriate
to this project.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board did not review this item. There
are no requirements for such a review. It is appropriate that
SPRAB act upon the site plan in order to assure compliance with
municipal development regulations.
RECOMMENDED ACTION:
By motion, approval of a water service agreement with the PIOUS
Society based upon findings that:
(A) The property is within the City's designated planning
and service area, and
(B) It is inappropriate to annex the affected property at
this time due to such annexation creating an isolated parcel
which would not have a full range of municipal services:
and subject to the following conditions:
( 1 ) That prior to execution of the agreement, assurances
must be provided that the water main extension will be
accommodated in a manner agreeable to the City Engineer;
and,
City Commission Documentation
Water Service Agreement - PIOUS Society
Page 3
( 2 ) That prior to final site plan approval by Palm Beach
County, the site plan shall be submitted to and acted upon
by the SPRAB in order to assure that there is compliance
with municipal development regulations (less land use).
Attachment:
* Kovacs letter to County Planning re commentary on the
special exception request, includes location map and site
plan
* Water service agreement and request letter (by others)
DJK/#80/CCPIOUS.TXT
[ITY DF DELIAY BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000
April 1, 1991
Fusun Mutgan, Site Planner
Zoning Division - Palm Beach County
3400 Belvedere Road
West Palm Beach, Florida 33406
Re: 91-17 THE PIOUS SOCIETY OF THE MISSIONARIES OF ST.
CHARLES BOROMEERO, SPECIAL EXCEPTION
Dear Ms. Mutgan:
The following information is provided in response to the County's
notice of hearing before the County Planning Commission on April
4, 1991, regarding the above application. This information is a
result of a review of the Division's Staff Report and discussion
with the project's agent.
Appropriateness of the Proposed Use:
1. The subject property is within the Delray Beach Planning and
Service Area and is eligible for annexation by virtue of being
contiguous on its south boundary. The City's Future Land Use Map
shows a designation of Rural Residential for this site and
surrounding properties to the west, north, and south. The Rural
Residential designation is for very low density residential and
small agricultural uses. There are no provisions in either the
Land Use Element of the Plan nor the zoning code for other uses.
2. The density allowed within the Rural Residential designation
is up to one unit per acre. Upon review of the rationale used in
the County Staff Report regarding density, we find that the
proposed intensity of use, including restrictions on the preserve
area, provide an intensity of use which is consistent with our
Plan. An expansion of the proposed use or an increase in
residents would be inconsistent.
Concurrency Issues:
Streets and Access: It is understood that the project will
provide the following:
a) A paved street section, 24' width, from Military Trail to
the site;
THE EFFORT ALWAYS MATTERS
To: Fusun Mutgan
Re: 91-17 The Pious Society Of The Missionaries
Of St. Charles Boromeero, Special Exception
Page 2
Note: This provision is different from Condition E3.
Problems with E3 is that there is not a right-of-way from
Barwick to the site nor is there an apparent right of access
in favor of this property. Also, the standard road pavement
width is 24' vice 20'.
b) Dedication of 30' of right-of-way along the north boundary
for the purpose of accommodating 133rd Road South (Condition
E2) .
We note the following:
- Given that dedication is to be provided, there does not
appear to be a need for a variance re lack of frontage;
- There is not a continuity of right-of-way or easement from
Military Trail to the site; however, the owner does control
the property immediately to the north in which the lapse
occurs;
- The eventual alignment of 133rd Road South will be along the
continuous north boundary of the parcels which abut the
canal; also, the owner controls property immediately to the
north; thus, a full dedication (from this and the adjacent
parcel) should be obtained at this time;
- Consideration should be given to improving 133rd Road South
to its full improvement along the north boundary of this
site at this time. If such improvement in not made,
provisions should be made for property owner participation
(to do so) upon demand of either the County or the City, as
appropriate.
Note: This area is a good candidate for application of the
County's Annexation Incentive Program at some future
date.
Provided that the above items are accommodated, this proposal
would meet a test for street and access concurrency; however,
failure to provide right-of-way dedications and paving to
Military Trail would not meet the test.
Water and Sewer Service: The report states that water service is
available from the City. While this property is within the
City's water service area, water is not readily available.
Provision of water to the site requires the extension of water
mains from Military Trail and possibly a connection to Barwick
Road. It appears that neither a right-of-way or easement for
utility purposes extends to Barwick Road. Provision of water by
a dead-end main raises concerns about water pressure for fire
suppression and health matters (bacteria in non-circulating
systems). Both items need study and determinations prior to
providing potable water from a central system.
To: Fusun Mutgan
Re: 91-17 The Pious Society Of The Missionaries
Of St. Charles Boromeero, Special Exception
Page 3
NOTE: The normal procedure is that a proposal which is to
seek water from the City obtains a water service
agreement, approved by the City Commission, prior to
its public hearings at the County level. Through such
a process the above problems (concurrency issues) are
addressed and resolved prior to land use action.
In addition, provisions should be made for placement of fire
hydrants at 500' intervals along the water main extension.
Sewer service would be accommodated pursuant to the appropriate
ERe Rule.
Other Items:
Site Design: Two items need attention. First, Condition "C"
requires a dumpster area. A question arises as to whether or not
commercial waste removal services are provided (or will be
provided) to the site. Specific arrangements should be
coordinated with the waste removal agency prior to approval and
appropriate conditions imposed.
The other deals with a turn around area for emergency vehicles,
delivery vehicles, etc. Since there is no provision for through
traffic along 133rd Road South, there should be on-site
provisions for such needs.
Platting: The staff report contains some conflicting directives
as to what is to be on a plat and what is provided by
metes-n-bounds descriptions. It is appropriate that a plat be
required and that it accommodate each of the following:
* Designation of the 133rd Road right-of-way by Tract;
* Designation of the preserve area by Tract;
* Designation of the LWDD right-of-way by Tract;
* Designation of the use area by Lot;
* Accommodation of on-site water main extensions by
easements and provisions for future sewer easements (if
applicable) .
CONCLUSIONS AND RECOMMENDATIONS:
The decision regarding land use rests with the County since the
property is within its jurisdiction and there is not an official
interlocal agreement executed between the city and the County.
If a decision of approval is to be predicated upon the provision
of water by the City, then a water service agreement should be
required prior to final land use action by the Board of County
Commissioners.
Obtaining right-of-ways for the ultimate improvement of 133rd
Road South and from the site to Military Trail is necessary along
with provisions for the installation of improvements.
To: Fusun Mutgan
Re: 91-17 The Pious Society Of The Missionaries
Of St. Charles Boromeero, Special Exception
Page 4
Provisions should be made for this property owner to participate in
any program advanced by the County under the County's Annexation
Incentive Program for this portion of the City's Planning and
Service (future annexation) area.
A final note: When this project extends the water main, it may
be required that adjacent properties connect to the main. To do
so will necessitate execution of a water service agreement with
the City or immediate annexation. Thus, establishment of this
project may provide the opportunity of creating a special
improvements district district pursuant to the County's
Annexation Incentive Program.
Thank you for the opportunity to comment on this proposed land
use. If you need clarification of any of the information
contained herein, please feel free to call on me.
Cordially,
Q.j -J~()N
vid J. Kovacs, rlirector
Department of Planning and Zoning
DJK/dlm
c:
Dennis Foltz, County Director of Planning
Dennis Koehler, Project Agent
Wm. Greenwood, City Director of Environmental Services
David T. Harden, City Manager
Project File
DJK/#77/PIOUS.TXT
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. ~ PETITION No.91 - 17 'I
_ ~ DA TE SUBMITTED JA~ 2 8 1991
i e. EXHIBIT NO. \~ ·
.~ ' 'pI i ! ~ I"'t~~ I
:~ ~ ~ ; ~ ~ ~ '~i~ ~ PIOUS SOCIETY LAND .
~ i ~ . '. itli ~ 'I DESIGN
· I r r ill PALM BEACH COUNTY,. FLORIDA 11.~~!~.~
~00 d3G 8Gla 8NINOZ 8Nld 0) H)a Wl~d ~~:11 16/~G/~0
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.
AGREEMENT FOR WATER SERVICE
This agreement made on this day of . , 19 ,
b d between The'Pious Society or-the Missionaries of st. Charle!, Boromeo
h~r:~nafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a
municipal corporation of the state of Florida, hereinafter called
the ClTY.
WITNESSETH, that the CUSTOMER, his heir~ and assigns,.for and
in consideration of the privilege of reoeiv1ng water serv~ce from
the Municipal Water system, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, i~spection, testing in orde: to
install the total length of extenSlon necessary, in the profess~onal
opinion of the Director of public utilities, to provid~ service to
the CUSTOMER'S premises, The CUSTOMER shall be respons1ble for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof, In the event the CITY has such ~lork
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services,
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs, The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences, The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and inCluding
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applioable or as may be changed from time to
time,
5, Any rights-of-vlay or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding,
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
then the CITY without liability may refuse to ~n~ciate service to
the subject premises.
7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY that the
executi~n of this agreement is considered.a VOluntary p~tition for
annexatlon pursuant to Section 171,044 of the Florida statutes or
any successor or amendment thereto.
Rev. 10/27/87 !
"
;ri,
. Furthermore, should any other general law, special act, ot local,law
b ted which provides for voluntary or consensuul annexatlon,
t~i~n:~reement shall also be considered a ~etition and regu~st for
annexa~ion under such other laws. The prem~se~ Sh~ll be subje~t ~o
annexa~ion at the option of the CITY at any tlme they are el~gi~_e
undF"r ~ny one or more of the above-referenced laws conc~rnlng
ann~xation. The legal description of the subject premises ~s as
folloVlS:
See Exhibit" A 11 attached
The CUSTOl'1ER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation ,agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the city of Delray'Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY shall be and is hersby authorized to
discontinue water service to the premi1'Jes upon n'inety (90 ) days
notice given by the CITY.
In the event that the City Commission of the CITY deterrnines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement Which shall be recorded at the expense of the
CUSTOMER,
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circUJnstances beyond the CITY'S reasonable control.
10, The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
( ',<lhether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting froIo
the CUSTOMER'S obligations under or performance purRuant to this
agreement.
11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or Change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby,
I
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I
I
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:
'12. The water use granted by this Agreement is for the
. , quanti ty of 7' " tap(s) located on the property described in
paragraph i -above. rrhe water shall be in conjunction with
.--ACLF use as depicted upon the plan known as
. . . P~ous Society Site Plan dnd approved by the
Delray Beach City Commission on r -
. .
'my water furnished under this -agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public Utilities.
13. As an expressed condition of this Agreement, the CUSTOMEr?
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CIT~'S formal site plan
review and approval processes. However, no development requirement~
of the CITY shall be imposed which shall have the effect of
diminiShing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. WatGr service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
\
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. IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES: 4 ~-A7i~
c:;h.." t/ rn<-.(/./<- k .
';5
t:J/-: '
, 'V-<0<t#~ --
Customer
As to Cu l orner
AT1'EST: CITY bF DELRAY BEACH
Ci ty Cle'l::k -
MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION .--
FORM APPROVED BY CITY ATTOm~EY - -
STA'rE OF )
COUN'l"i OF )
I HEREBY CERTIFY that on this day, before me, an ot'ficer -
duly autnorized in the State afor~~a1d and in the county aforesnid,
to take acknowledgements, persnnally appeared Rev Peter P. Polo, C.S.
, to me known to be the person(s)
described in and v/ho executed the foregoing instrument and he
acknowledged before me that he executed the same.
WITNESS my hand andofficial seal in the County and state
last aforesaid this I.~ -c.... . day of '-~ ~, 19 7: I '. ,,'. _. /
.~' .
LEONARD CECERE. ,-' -:::/..,~ .' ..
Notary Public, State of New Vorl< ,<2-1171 I,' .1. .i:./~(I(_t@AL)
No. 31,4711987 t . P bli ;
Qualified in N~w ~n1L 0 at y u c.. _... 0,
Commission Expires' 1';-( q q :L.
STATE OF ),
COUN'ry OF ) .,
,
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared ___ ;
and , well knovm to me t.o be--u1e
Presiden€ and secretary respeotively of the corporation named in tlle
foregoing agreement and that they severally acknowledged executing
the same in the pl."esence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corpo.tate seal of said
corporation.
WITNESS my hand and official seal in the county and state
last aforezaid this day of , 19 .
Notary public ~(SEAL)
S'l'ATE OF )
COUN'l.'Y OF )
I HEREBY CERTIFY that on this day, before me an orficc~:
duly authorized in the state and County aforesaid to takQ -
acknow~edgRm~nt~, peroonally ~~p~ared
and - known to me to be---uie
, well
Mayor and City Clerk respectively orth~ City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and statG
last aforesaid this day of _ , 19 .
-
- (SEAL)
Notary Public
Rev. 10/27/87
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.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~D - MEETING OF APRIL 23, 1991
AGREEMENT BETWEEN THE CITY AND TAX COLLECTOR'S OFFICE
DATE: APRIL 18, 1991
This item is before you to approve an agreement between the City
and the Tax Collector's Office for the uniform collection of
Stormwater Utility fees. The Non-Ad Valorem Assessment Agreement
provides that the City will compensate the Tax Collector for the
actual cost of collecting the assessment. It is estimated that
the actual cost will not exceed one percent (1 %) of the fees
collected; however, this is only an estimate. This is an
open-end agreement. Should either party wish to cancel the
agreement, a notice in writing must be provided at least one year
prior to the effective date for cancellation.
Recommend approval of the Non-Ad Valorem Assessment Agreement
between the City and the Tax Collector's Office for the uniform
collection of Stormwater Utility fees.
EIT' DF DELIA' HEAEM
CITY ATTORNEY'S OFFICE 310 S,E. I st STREET, SUITE 4 . DELRA Y BEACH. ITORIDA 33483
407(243-7090 . TELECOPIER 407(2784755
MEMORANDUM
Date: April 12, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Agreements with the Tax Collector's Office and
Property Appraiser's Office to Facilitate the Uniform
Method of Collection of Stormwater Utility Fees
Attached hereto are two different agreements which are required
by Chapter 197 of the Florida Statutes to accomplish the
Uniform Method of Collection of Stormwater Utility fees. One
agreement is with the Tax Collector's Office entitled, Non-Ad
Valorem Assessment Agreement, and the other entitled, Agree-
ment, is with the Property Appraiser's Office.
The Non-Ad Valorem Assessment Agreement between the City and
the Tax Collector's Office is acceptable to our office and we
would suggest in order to facilitate the collection of the
Stormwater Utilities Fees under the uniform method that this
Agreement be executed by the City. The Agreement states that
the City will pay the Tax Collector compensation for the actual
cost of collecting the Non-Ad Valorem Assessment as provided by
the Florida Statutes. In speaking with Buck Ward from the Tax
Collector's office, he estimates that the actual cost will not
exceed 1% of the fees collected. However, please be advised
that this is merely an estimate.
The Agreement between the City and the Property Appraiser's
Office, however, is troublesome in that Paragraph 2 and Para-
graph 6 requires the City to indemnify and hold harmless, the
Property Appraiser, from any liability for errors or other
problems arising from the collection of the stormwater utili-
ties fees or any challenge to the Assessments. Our office
contacted Willa Farrington, attorney for the Property Appraiser
who stated, to put it bluntly, that they would not accept any
substitute or modi fying language to the indemnification provi-
sions and that if we did not like it, we could always choose
not to use the uniform method and collect it ourselves. Our
office explained to Miss Farrington that the indemnification
provisions would constitute, on behalf of the City, an improper
City Commission
April 12, 1991
Page 2
pledging of its credit to third parties in violation of the
constitution. Miss Farrington stated that this argument had
been raised by other governmental bodies in the past, and that
the Property Appraiser's Office has held firm and has required
an indemnification and hold harmless provision in all such
agreements. If the City chooses to continue with the uniform
method of collection process, we will have no choice but to
enter into the Agreement with the Property Appraiser's Office
as provided.
By copy of this memorandum to David Harden, City Manager, I
would like to inform you of a meeting to be held on April 25,
1991 at 2:00 p.m. at the Governmental Center where representa-
tives from the Property Appraiser's Office will present to
discuss various small coding changes to the 1991 Tax Roll and
to answer any questions regarding the procedures for 1991.
Further, our office would request that the City Manager place
these two Agreements on the City Commission Agenda for April
~/
cc David Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Bill Greenwood, Director of Environmental Services
Richard Zuccaro, M.I.S. Officer
Rob Taylor, Deputy Director of Environmental Services /
Public Works
NON-AD VALOREM ASSESSMENT AGREEMENT
The Tax Collector of Palm Beach County and The City of Delray
Beach hereby agree as follows:
l. The City of Delray Beach shall meet all the requirements
of Florida Statutes 197.363 and 197.3632 for the implementation
of the City's non-ad valorem assessment billing.
2. The City of Delray Beach further agrees that it shall
provide to the Tax Collector compensation for the actual cost
of collecting this non-ad valorem assessment as provided in
Florida statutes. (F.S. ~197.3632 ( 8 ) ( C) )
3. Upon the performance by The City of Delray Beach of the
requirements of the above statutes and this Agreement, the Tax
Collector agrees to implement The City of Delray Beach's non-
ad valorem assessment billing and collection.
4. This Agreement shall be in effect for the tax year 1991
and subsequent years thereafter unless cancelled by either the
City or the Tax Collector by giving notice in writing to the
other at least one year prior to the effective date for cancellation.
5. This Agreement may be modified by both parties in writing
provided SU-Cfl-. modifications are agreed upon prior to any notice
of termination.
6. This Agreement shall be changed, modified or amended
in writing as necessary to conform with any new statutory
requirements when and if enacted into law.
DATED this day of , 1991.
By
Allen C. Clark, as Tax Collector Title: M.ayor
for Palm Beach County Attest:
City Clerk
Approved as to legal sufficiency and form:
By:
City Attorney
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 8' ~ - MEETING OF APRIL 23, 1991
RENEWAL OF LEASE AGREEMENT/FLORIDA EAST COAST RAILWAY
DATE: April 17, 1991
This item is before you to approve the renewal of a lease agreement
between the City and FEC Railway for the City's use of six parcels of
land on the Railway's right-of-way. The lease fee for the six parcels
is $5,900 annually and is the same amount as provided in the previous
lease agreement. The agreement requires that the City use the leased
properties as follows:
-Parcel A, located along the railway track between Atlantic
Avenue and N.E. 1st Street, is to be used for parking;
-Parcel B, located along the railway track between Atlantic
Avenue and N.E. 2nd Street, is to be used as a roadway;
-Parcel C, located along S.E. 3rd Street between Atlantic Avenue
and S.E. 2nd Street, is to be used for a sidewalk;
-Parcel D, located on S.E. 3rd Street Between S.E. 1st and 2nd
Streets, is to be used for parking;
-Parcel E, located along the railway track between S.E. 2nd and
3rd Streets, is to be use for beautification purposes; and,
-Parcel F, located along the railway track between S.E. 10th
Street and S. Swinton Avenue, is to be used for beautification
purposes.
FEC Railway has added several new conditions to the lease agreement.
The City Attorney's Office was successful in negotiating most of these
conditions to the City's favor. However, they were unable to convince
FEC to extend the deadline for termination of the lease agreement. As
stated in the lease agreement, FEC has the option to terminate the
lease for any default or breach by giving two (2) days notice in
writing of such termination to the lessee. A detailed staff report is
attached as backup material for this item.
Recommend approval of the renewal of a lease agreement with Florida
East Coast Railway for the lease of six parcels on the Railway's
right-of-way.
.
, ,
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,I" 1st STREET. SUITE 4 · DELRA Y BEACH, I'LORIDA 33483
407/243-7090 . TELFCOPIER 407/2784755
MEMORANDUM
Date: April 9, 1991
To: city Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Lease Agreement Between the City of Delray Beach and
Florida East Coast Railway
Our office has received, for our review, an agreement between
the City of Delray Beach and Florida East Coast Railway Company
be effective January 9, 1991. The base rental of the lease
agreement is $5900,00 annually and is the same amount for the
lease of the six properties as contained in the lease dated
December 16, 1986.
The lease requires that the City use the leased property only
for: Parcel A, Parking; Parcel B, Roadway; Parcel C, Sidewalk;
Parcel D, Parking; Parcel E, Beautification; Parcel F, Beauti-
fication.
Our office has negotiated some changes in the lease which
modify our indemnification responsibilities among others.
The lease agreement, effective January 9, 1991, contains the
following additional new terms and conditions:
1. Paragraph C, on Page 2 permits the railway at its option,
to terminate the lease for any default or breach by giving
two (2) days notice in writing of such termination to the
lessee. The lease agreement also provides that notice is
sufficient by posting the notice by regular mail, whereas
the original agreement requires certified mail. Our
office was unable to convince the FEC to extend the
deadline.
2. The lease agreement in Paragraph 1 requires the City to
vacate the leased property in as good a condition as it is
now. The FEC has agreed to except normal wear and tear.
3. Paragraph 10 requires the City to indemnify to the extent
permi tted by law for, all costs and expenses including
attorney's fees \ and environmental cleanup costs arising
from lessees presence upon or use of the leased premises
which causes the premises to become contaminated by toxic
, . . .
City Commission
April 9, 1991
Page 2
or hazardous substances or wastes. This paragraph was not
included in the original lease, but the FEC insists it be
contained in the current lease.
4. Paragraph 16 requires that the City indemnify, save and
hold harmless the railway from any loss or claim which the
City may sustain arising from future zoning, etc. on the
property. Our office was successful in obtaining "to the
extent permitted by law", language.
5 , Paragraph 17 states that the City will not permit others
to use any part of the lease premises and that the City
will hold harmless the railway as to any such use. Our
office was successful in obtaining "to the extent
permitted by law language", language.
6 . Paragraph 21 states that if the railway is a prevailing
party, pursuant to this agreement that the City will pay a
reasonable attorney's fee. The previous agreement includ-
ed that provision, but it also stated that if the City
instituted and was a prevailing party for enforcement of
its rights, then the railway would pay the City a reason-
able attorney's fee. This particular provision is not
included in the new agreement. However by operation of
law, the Court will most likely apply concept of mutuality
of remedy, nullifying this objection. In addition, the
agreement was modified to provide that venue will not be,
in St. John's County Florida, but venue will be in Palm
Beach County, Florida.
7. Paragraph 27 states that if a cable or other facility is
damaged or cut, the lessee will indemnify the railway for
any monetary damages which may result. The previous lease
agreement contained this provision, but also had the
language inserted, "to the extent permitted by law" for
the indemnification. Our office has been successful in
getting the additional language inserted in the lease.
With the modifications outlined above, our office would
recommend approval of the lease agreement. By copy of this
letter to David Harden, our office requests that this lease be
~~on the upcoming City Commission agenda.
SA .c
Attachment
cc David Harden, City Manager
Bill Greenwood, Director of Environmental Services
Mark Gabriel, City Engineer, Assistant Director of
Environmental Services
,
THIS LEASE, is effective this 9th day of January A.D.
1991 by and between FLORIDA EAST COAST RAILWAY COMPANY, herein-
after called "Railway" and the CITY OF DELRAY BEACH, a municipal
corporation of the State of Florida, whose address is
100 N. W. 1st Avenue, Delray Beach, Florida 33444, hereinafter
called "Lessee".
WIT N E SSE T H:
That in consideration of the covenants herein contained, to
be kept and performed, Railway does hereby lease to said Lessee
the following described property:
Six parcels of land on Railway's right of way and property at
Delray Beach, Florida, more particularly described as follows:
\parcel A: A rectangularly shaped parcel of land measuring
25 feet, easterly and westerly, by 400 feet, northerly and
southerly, on Railway's easterly right of way with north-
west corner of said parcel located 25 feet easterly from and
at right angles to a point located in the centerline of
Railway's Main Track 3,857 feet, more or less, southerly from
Mile Post No. 316, as measured from Jacksonville, Florida;
thence continue southerly parallel with and 25 feet distant
easterly from centerline of said Main Track for a distance
of 400 feet to a point; thence continue easterly, at right
angles to aforesaid course, for a distance of 25 feet to
Railway's easterly right of way limit; thence continue
northerly, coinciding with Railway's easterly right of way
limit and parallel with the centerline of said Main Track
for a distance of 400 feet; thence continue westerly at
right angles to previously described course, for a distance
of 25 feet to Point of Beginning.
~Parcel B: A parallelogram-shaped parcel of land measuring
18 feet, east and west, by 1,275 feet, northerly and southerly,
on Railway's westerly right of way with northeast corner of said
parcel located 32 feet distant westerly from and at right angles
to a point in the centerline of Railway's Main Track 3,107 feet,
more or less, southerly from Mile Post No. 316, as measured from
Jacksonville, Florida; thence continue southerly, parallel with
and 32 feet distant westerly from centerline of said Main Track,
for a distance of 1,275 feet; thence continue west for a distance
of 18 feet to Railway's westerly right of way limit; thence
continue northerly along said westerly right of way limit for a
distance of 1,275 feet to a point; thence continue east for a
distance of 18 feet to said Point of Beginning.
Page 1 File: 317-3-1
, .
~Parcel c: AS-foot strip of land on Railway's easterly right of
way with easterly line of said parcel commencing at a point on
Railway's easterly right of way I imi t 4,680 feet southerly from
Railway's r1ile Post No. 316, as measured from Jacksonville, Florida,
with easterly line continuing southerly and coinciding with Railway's
easterly right of way limit a distance of 1,040 feet, more or less,
said easterly line also being the westerly line of S. E. 3rd Avenue,
Delray Beach, Florida; southerly line of said parcel having a length
of 5 feet coinciding with the northerly line of S. E. 2nd Street,
Delray Beach, Florida, at right angles to said easterly line,
westerly line of said parcel being 5 feet distant westerly from and
parallel with said easterly line, with northerly line having a
length of 5 feet and being parallel with and 1,040 fee t, more or
less, distant northerly from said southerly line.
\ A parcel of land the station grounds of the Railway
Parcel D: on
on the easterly side of its tracks south of S. E. First Street at
Delray Beach, Florida, with northerly line being 80 feet in length
coinciding with the south line of S. E. First Street and intersect-
ing the centerline of the r-1ain Track of the Railway at a point
located 5,121 feet, more or less, southerly from the Railway's
Mile Post No. 316 from Jacksonville, Florida, easterly line being
190 feet in length coinciding with the easterly limit of the said
property of the Railway which is also the westerly line of
S. E. Third Avenue, souther-ly line being 125 feet, more or less,
in length and located parallel with said northerly line and
westerly l}~e being 195 feet, more or- less, in length.
,
Parcel E: A rectangularly-shaped parcel of land on the easterly
side of Railway's right of way for its Hain Track, with said parcel
being 25 feet in width, easterly and westerly, by 1,270 feet, more
or less, in length, northerly and southerly, with easterly limit
of said parcel of g rou nd space coinciding with the Railway's easterly
right of way line, wester-ly limit being parallel with and 25 feet
distant easterly of the center-line of the Railway's Main Tr-ack and
nor-therly limit being located 505 feet, more or less, southerly
from Railway's Mile Post No. 317 from Jacksonville, Florida.
Parcel F: A parcel of land on the westerly side of Railway's right
of way for its t-1ain Track at De 1 ray Beach, Florida, more particularly
described as follows:
Beginning at a point located 4,450 feet, more or less, southerly
from Railway's Mile Post No. 317 from Jacksonville, Florida, and
28 feet westerly of the centerline of Railway's Main Track; thence
extending southerly parallel with and 28 feet distant westerly
from the centerline of RaiLl1ay's i'1a i n Track for a distance of 460
feet, more or less, to a point located 8 feet distant. northerly
of the north line of Swinton Avenue, as measured at right angles
therefrom; thence westerly parallel with and 8 feet distant
Page lA
northerly of the north line of Swinton Avenue, as measured at
right angles therefrom, thence westerly parallel with and 8 feet
distant northerly of said north line of Swinton Avenue for 30 feet,
more or less, to Railway's westerly right of way linei thence
northerly along said westerly right of way line for 430 feet,
more or lessi thence easterly for said westerly right of way line
for 430 feet, more or lessi thence easterly for 23 feet, more or
less, to Point of Beginning.
All as shown on Railway's Drawing V3 S.20a, attached hereto and made
a part hereof.
.
Page 18
TO HAVE AND TO HOLD the hereby leased property:
For the term of one (1) year from the effective date hereof
subject to renewal as provided in paragraph "0" hereof, or until
terminated as hereinafter provided.
LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS:
An annual rental of $5,900.00, plus Florida Sales and Use
Tax, payable in cash upon the execution and delivery of this Lease,
and if renewed, the same amount in cash in advance for each and every
year thereafter until terminated. All rentals for initial and renewal
terms are payable in cash on the date specified, in advance, without
oral or written demand. Lessee hereby expressly waiving such demand.
LESSEE AND RAILWAY COVENANT AS FOLLOWS:
A. In the event of termination of this lease by Railway before
the expiration of the initial or any renewal terms, any rental paid
in advance unearned shall be returned to Lessee, less any amounts
owing to Railway under this lease.
B. That none of the provisions hereof shall be waived or
modified, except by Railway, or by mutual agreement, in writing,
and no alleged verbal or written inducement prior to execution nor
subsequent verbal waiver, or modification, shall be binding under
any circumstances. Further, that this lease constitutes the entire
understanding of the parties and that neither the failure of the
Railway to enforce each and every provision, nor any course of
conduct b~-the Railway shall be considered as a waiver of these
provisions.
C. Either party may, in its discretion, for any reason
whatsoever, terminate this lease at any time by the giving of notice
to the other party as hereinafter provided. If this lease is for a
term of one or more years, then 30 days prior notice in writing of
the intention of the party to terminate this lease shall be given
to the other party. If this lease is for any term less than one
year, then 10 days prior notice in writing of the intention of the
party to terminate this lease shall be given to the other party;
PROVIDED, HOWEVER, Railway may, at its option, terminate this lease
for any default or breach of lessee by giving 2 days notice in writing
of such termination to the lessee. Any notice of termination shall
be delivered to the other party by placing such notice in the United
States mail with sufficient postage directed to the other party's
post office address, either as last furnished to the terminating
party or as otherwise known to it.
D. If Lessee holds over and remains in possession of the hereby
leased property after the expiration of the term specified in this
lease, or any ren-ewals of such term, this lease shall be CUllS ide tOed
as renewed for one ( 1 ) year, subject to the same terms and conditions
as herein contained in this lease. That Lessee shall have no expecta-
tion of renewal and that the term of this lease lS only for the time
Page 2
specified herein, subject always to the termination provisions and
regardless of the length of time that Lessee has occupied the leased
property, or the construction by Lessee of any buildings, structures,
works, paving, barricades or personal property placed thereon.
E. That if any provision or provisions of this lease shall be
held to be invalid, illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby.
F. That Lessee shall use the leased property only for:
Parcel A - Parking Parcel D - Parking
Parcel B - Roadway Parcel E - Beautification
Parcel C - Sidewalk Parcel F - Beautification
AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS:
l. To keep the leased property and any building or other
structure, now or hereafter erected thereon, in good condition and
repair at Lessee's own expense during the existence of this lease,
and to keep the leased property or premises free and clear of any
and all grass, weeds, brush and debris of any kind, so as to prevent
the same becoming dangerous, inflammable or objectionable. Railway
shall have no duty to inspect or maintain any of the leased property,
buildings, or other structures, if any, during the term of this
lease.
2. To vacate, quit and deliver up the leased property on or
before any termination date of this lease in as good condition as
it is now, normal wear and tear excepted.
3. Not to erect or cause to be erected any building or other
structure, or any addition to existing buildings or structures on
the leased property without first obtaining the approval in writing
by Railway of the location, material and construction of the same.
4. Not to sublet the leased property or any part thereof, nor
assign this lease, without the consent in writing of Railway, this
lease being executed by Railway upon the credit and reputation of
Lessee. Acceptance by Railway of rental from a third party shall
not be considered as an assignment.
5. Not to take any action or allow any action to be taken by
third parties which will interfere with or disparage Railway's title
to the leased property.
6. Not to permit the use of the leased property in any manner
that will obstruct or interfere with the operation of the Railway,
or use of its property.
7. Not to make or suffer any waste or any unlawful, imprope!:',
or offensive use of the leased p!:'operty or premises, or any use
disapproved by Railway.
Page 3
8. To the extent allowed by law, and subject to the limitations
of Florida State Statutes 768.28, to indemnify, save and hold harmless
Railway, its agents, servants and employees from and against all loss,
claims, costs, charges, expense, suits, damage and judgments, which
they may suffer, sustain or in anywise be subjected to, or for which
it may be held liable on account of the death, personal injuries,
damage or- loss to any person or persons, including employees, agents
and officer-s of Railway and of Lessee, directly or indir-ectly arising
out of or on account of the leasing to or use of the property by
Lessee; whether- due or- claimed to be due by the joint negligence of
Railway, its employees, agents or servants, or otherwise.
9. To the extent allowed by law, and subject to the limitations
of Florida Statutes 768.28, to indemnify, save and hold har-mless
Railway, its agents, servants and employees from and against all loss,
claims, costs, charges, expense, suits, damage and judgments, which
they may suffer-, sustain or in anywise be subjected to, or- for which
it may be held liable on account of any loss or damage caused in any
manner to any of Lessee's buildings, structures, works and any
personal pr-operty whatsoever- of Lessee, situated, placed, kept or-
stored on, in or- near the property or premises hereby leased, as well
as on account of loss or damage to any personal property whatsoever-,
not owned by Lessee, whether owned by Railway or by others, ar-ising
dir-ectly or indir-ectly out of or on account of the leasing to or- use
by Lessee of the pr-oper-ty hereby leased; whether due or claimed to be
due by the joint negligence of Railway, its employees, agents or
servants or other-wise.
10. To the extent allowed by law, and subject to the limitations
of Florida Statutes 768.28, to indemnify Railway for all loss, claims,
damage, costs and expenses, including attorneys' fees and environ-
mental cleanup costs ar-ising from Lessee's presence upon or use of the
leased premises which causes the premises to become contaminated by
toxic or- hazardous substances or wastes above levels which exceed the
allowable levels as set forth in local, state or federal laws and
regulations.
11. To be responsible for and pay Railway the actual cost and
expense Railway may incur in paying for, r-epairing or r-eplacing any
engines, cars, rail mater-ials, cr-oss-ties, equipment, tools,
machinery, freight or other property whatsoever, either owned or in
possession of Ra i 1 way, lost or damaged by any default by Lessee
hereunder, or negligence, affirmative act, or omission of Lessee.
12. To perform, at the sole expense of Lessee, all work required
in the preparation of the property or premises hereby leased for
occupancy by Lessee, in the absence of any special provision herein
contained to the contrary; and Lessee does her-eby accept the leased
p(oper-ty or- pr-emises as now being in fit and tenantable condition
for all purposes of Lessee.
Page 4
13. To pay, within thirty (30) days after presentation unto
Lessee by Railway of bills for the same, all special assessments,
ad valorem taxes, and any other taxes of whatsoever kind or nature
levied by the United States of America, State of Florida, any county,
municipality or special taxing district organized and existing under
the laws of the State of Florida, upon any of the property or premises
herein leased. All taxes and special assessments, payable on an
annual basis, are to be pro-rated by the parties hereto for the year
during which this lease is made, as well as the year in which the
same may be terminated.
14. To pay in the same manner as provided in Paragraph 13
hereof, the amount of any necessary documentary stamp taxes required
to be affixed to this lease under the laws of the United States of
America, the State of Florida, or both.
15. To pay, either directly or upon bills presented unto Lessee
by Railway within thirty (30) days after presentation of the same, all
bills for electricity for lighting or power, gas, water, telephone and
telegraph services, or the proportionate part of the same used by
Lessee upon or in the leased property or premises.
16. To the extent permitted by law, it will indemnify, save and
hold harmless Railway from any loss, claim or damage which Lessee may
sustain arising directly or indirectly by reason of either existing
or future zoning or other regulations promulgated by any governmental
agency which may adversely affect use by Lessee of the lands
hereinabove described, and Lessee shall assume all responsibility for
procuring or complying with any ordinance, resolution, order, permit,
consent o~_other such regulation, promulgated by any governmental
agency whatsoever, for building or otherwise, required for the use
of the premises hereinabove described or for the construction of any
facilities upon such premises.
17. That it shall not permit others to use the whole or any
part of the leased property or premises, except under and in com-
pliance with the terms and conditions of this Lease, and Lessee
shall, to the extent permitted by law, hold Railway harmless as
to any such use.
18. That none of the provisions of Paragraph "A" hereof shall be
construed as any waiver by Railway of any landlord's lien or liens of
Railway upon any personal property, buildings or structures of Lessee,
for any rental due or to become due hereunder unto Railway, and Lessee
shall not remove any such structures, buildings or personal property
from the hereinabove described premises, unless and until all rentals
and any other sum of money herein specified to be paid the Railway
shall have been fully paid unto Railway.
19. That Lessee shall remove any buildings, structures, works
or personal property upon the leased property or premises, including
any such items placed upon the leased property or premises subsequent
to the date of this lease on or before any termination date of this
lease, upon request from the Railway to do so, and in default thereof,
Page 5
such property shall become the property of the Railway. PROVIDED,
HOWEVER, Railway may, at its option cause removal of the same from
the hereby leased property or premises and/or storage thereof, and
storage of any of Lessee's property and property of others, placed
by or with Lessee's permission or sufferance on the hereby leased
property or premises. The reasonable cost or expense of removal
and/or storage of any buildings, structures, works or personal
property shall be paid by Lessee unto Railway forthwith upon
demand for same.
20. That it waives and relinquishes any legal rights and
monetary claims which it might have for full compensation, or damages
of any sort, including but not limited to special damages, severance
damages, removal costs or loss of business profits J::'esulting fJ::'om its
loss of occupancy of the leased property specified in this agreement,
or adjacent properties owned or leased by it, when any or all of such
propertie.s are taken by eminent domain proceedings OJ::' sold under the
threat thereof. That this waiver and relinquishment applies whether
( I ) this Lease is in existence on the date of taking oJ::' sale; OJ::'
( 2 ) has been terminated prior thereto.
2l. That it is expressly agreed by and between the parties
hereto that any obligations of the Lessee under the terms of this
agreement which are not paid within thirty (30) days of presentation
of bills for same by Railway shall bear interest at the rate of
twelve per cent (12%) per annum compounded annually from the date
of presentation uf the bill until same shall be paid. It is further
expressly agreed that in the event Railway shall institute and
prevail in any action or suit for the enforcement of any of its
rights under the provisions of this Agreement, Lessee will pay to
Railway a reasonable attorney's fee on account thereof. Also in
the event of litigation, the parties agree that the laws of the
State of Florida will apply. It is agreed that venue would be
proper in Palm Beach County, Florida.
22. That its facilities and operations on the herein leased
area shall conform to all applicable regulations and ordinances of
any governmental agency having jurisdiction thereof.
23. Tha t , at its expense, it will install and maintain facil-
ities to prevent accumulation of surface water, industrial liquids,
solid waste matter and sanitary waste resulting from Lessee's oper-
ations within the herein leased area. Such facilities to be approved
by the Railway and any other governmental agency having jurisdiction
thereof.
24. Should any portion of the property described in this Lease
be used for the loading, unloading or stoJ::'age of hazaJ::'dous ~aterials,
the Lessee shall ( 1 ) be solely responsible foJ::' ascertaining that
local, state and federal laws, ordinances and regulations do not pro-
hibit the loading, unloading or:- storage of hazaJ::'dous materials on the
leased property and ( 2 ) be solely responsible as betv.Jeen the Railway
Page 6
.
and the Lessee, for complying with all of the foregoing laws,
ordinances and regulations which affect or regulate the loading,
unloading or storage operations of hazardous materials on this
leased property.
25. It is understood between the parties hereto that Railway
reserves unto itself, its successors, permittees, licensees, or other
persons, the right to construct and maintain other facilities,
including but not limited to, pipelines and/or communication cables,
over and accoss the Railway's affected herein leased property, and
further, that Lessee shall take no measures to interfere with the
construction or maintenance of said facilities and shall at all
times allow ingress and egress to the herein leased property by
said successors, permittees, licensees or other persons.
26. Lessee will do no grading on said leased ground space that
will in any manner interfere with the Railway's roadbed or other
facilities.
27. Lessee is specifically notified that its personnel may be
working in an area containing buried active fiber-optic transmission
cables as well as other cables and other facilities. Great care will
be taken by the Lessee to ensure that no damage is done to those
cables and facilities. However, if a cable or other facility is
damaged or cut, Lessee agrees to indemnify Railway, to the extent
permitted by law, for any monetary damages which may result.
28. Lessee agrees that no plants, shrubbery, or other
vegetation that would obstruct the view of motor vehicles or train
crews using ,a crossing at grade, or interfere with the operation of
trains, will-be placed on the above described property; in addition
to the above restriction, no plants, shrubbery or other vegetation
having a height of more than two ( 2 ) feet will be placed within two
hundred fifty (250) feet of any at grade street crossing, and if
such vegetation exceeds two ( 2 ) feet in height, the Railway may trim
such vegetation to a two ( 2 ) foot height at Lessee's expense; that
said plants, shrubbery or other vegetation shall be trimmed by the
Lessee so as to maintain this distance from the centerline of the
nearest main line track of twenty-five (25) feet and if such
vegetation IS closer than twenty-five (25) feet from the centerline
of the nearest main line track, the Railway may trim or remove such
vegetation so that no vegetation is within twenty-five (25) feet of
the centerline of the nearest main line track at Lessee's expense.
However, this restriction in no way limits the indemnification
provisions of this Lease as set forth in Paragraphs 8 and 9 hereof.
Also, no plants, shrubbery or other vegetation of a hazardous nature
that might produce injury to any person coming in contact with said
plants, shrubbery or other vegetation will be placed upon said
property of Railway by the Lessee.
29. Lessee cecognlzes owner.ship of said proper.ty by the
Railway and Lessee has no intention of setting up any claim of
ownership to the he re in leased properties.
Page 7
. .
30. Lessee shall, at its sole cost and expense, install,
maintain, and/or replace such barricades and bumping blocks, as
required by the Railway, to prevent automobiles from being parked
or rolling beyond the space hereby leased. In the event Lessee does
not maintain, and/or replace said barricades or bumping blocks to
prevent automobiles from being parked or rolling beyond the space
hereby leased within thirty (30) days after notification by Railway,
then, in that event, this Lease Agreement shall be cancelled and
Lessee shall immediately vacate the property.
31. This Lease Agreement cancels and supersedes that certain
Lease Agreement between the parties hereto dated January 9, 1989,
covering the hereinabove described property.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed under the seal.
Signed, sealed and delivered FLORIDA EAST COAST RAILWAY
in the presence of: COMPANY, a Florida corporation
By: (Seal)
President
Attest:
As to Railway Assistant Secretary
Date of Execution:
CITY OF DELRAY BEACH
a Municipal Corporation of the
State of Florida
By:v' (Seal)
Mayor
Attest: v'
As to Lessee City Clerk
Date of Execution: ~
Approved as to Form:
,-. .. .
Page 8
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~-~~..j..,~-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1'':: - MEETING OF APRIL 23, 1991
INTERLOCAL AGREEMENT BETWEEN THE CITY AND TRI-COUNTY
COMMUTER RAIL AUTHORITY
DATE: APRIL 17, 1991
This item is before you for approval of an inter local agreement
between the City and Tri-County Commuter Rail Authority for the
construction of temporary parking facilities to accommodate
commuters using the Delray Beach Railway Depot. The agreement
provides that the City shall waive Code regulations relating to
parking lots, lighting and landscaping and Tri-County Commuter
Rail Authority shall construct a temporary parking lot on an
expedited basis. The waivers will be granted for an initial
period not to exceed six (6 ) months from the date that the
temporary parking lot is put into service, with additional time
extensions if needed and requested in writing by TCRA to be
granted at the discretion of the City Commission. The temporary
parking facility will be constructed on either the right-of-way
of Depot Avenue or on land leased from CSX Corporation which is
located immediately north of and contiguous with the Depot.
Further, TCRA agrees to remove the temporary lot and restore the
site to an acceptable condition as directed by the City at the
end of the temporary waiver period.
Recommend approval of the Interlocal Agreement between the City
of Delray Beach and Tri-County Commuter Rail Authority for the
construction of temporary parking facilities.
,_ _ _ _ __14 ('.(~_'__n'
INTERLOCAL AGREEMEN'l' lJ'" ~~
, I'" "1 1J "'--
. t~:" ~:~ ~'..~.~ ~~~.
~ \..~ f:~:!:. t":'"
Between ' rJ;~, "":',: >;;; .;
Ii .... ,,~.,. " '?
~. i.;;,J ;)
CITY OF DELRAY BEACH
AND
TRI-COUNTY COMMUTER Rl\IL AUTHORITY
This is an agreement, made and entered into this day of
February, 1991, by and between: the CITY OF DEL~~Y BEACH, Florida
(hereinafter the "CITY"),
AND
The TRI-COUN/XY COMMUTER RAIL AUTHORI';:Y I an agency of the State
of Florida (hereinafter "TCRAfI).
WIT N E SSE T H
WHEREAS, Section 163.01, F.S. of ~he Florida Interlocal
cooperation Act of 1969, permits cities and public governmental
agencies t~~nter into agreements which are mutually beneficial to
both part~~i and
WHEREAS, TCRA runs commuter rail passer.ger service from the
historic Delray Beach Railway Depot (hereinafter the "DEPOTIl) and
this service is convenient and beneficial to residents and tourists
of CITY; and
WHEREAS, pending development of permanent parking facilities,
TCRA is in need of emergency parking facilities adjacent to the
DEPOT so that commuters will have a place to park their cars either
along the Depot Avenue right-of-way or o^ land ~hat TCRA has leased
from the CSX corporation; and
WHEREAS, CITY wants TCRA to continue to operate from the DEPOT
and at its City Commission meeting of January 22, 1991, CITY voted
to waive city Code requirements related to parkiDg lots, ligh~ing
and landscaping for a limited time period so ::h2.~ ,:,cp_~. can b:.:i.l.j
a temporary lot on the Depot Avenue :r is:' i>C [-'~.2 ~'=-:-,-::. / C~ '.:he \..:;'.',
leased land; NOW THEREFORE,
. IN'CONSIQl::AATIQN of the !tiutUn 1. teI':Js. C0"~::::.:-:-:S :::.::c: :::-::::::.:i-: :'-::'::5
herein contained and other good a:-:d val-..:apl<2 c:():-~s::dE.rc.t.icn, -;:.he
CITY and TCRA mutually agree as fol:o~s:
.DRAFl
1- TCRA shall proceed to construct temporary parking facilities
either on the right-ot-way of Depot Avenue or on land leased
from CSX Corporation, which land is located immediately north
of and contiguous with the DEPOT. TCRA shall coordinate the
construction of this tem.porary parking facility with
representatives of CSX Corporation and the Manager of CITY,
or his designee.
2 . CITY shall waive Code regulations relating to parking lots,
lighting and landscaping and TCRA shall construct a temporary
parking lot on an expedited basis. CITY grants this temporary
waiver for an initial period not to exceed six months from the
date that the temporary parking lot is put into service. CITY
reserves, at its sole discretion, the right to grant
additional time extensions if such are needed by TCRA and
requested in writing. TCRA agrees to remove the temporary lot
and restore the site to an acceptable condition as directed
by CITY at the end of the temporary waiver period.
3 . This Interlocal Agreement may be signed in counterparts by the
parties hereto and shall take effect upon the date the last
party executes the agreement.
4. If any provision of this Interlocal Agreement is held invalid,
the invalidity shall not affect other provisions of this
Interlocal Agreement which can be given effect without the
invalid provision or application, and to this end, the
provisions of this Interlocal are severable.
1 5. This-'''Agreement may be amended, in writing, upon the express
forrn~l'consent of the parties.
IN WITNESS WHEREOf, the parties have made and executed t.his
Interlocal Agreement on the respective dates under each signature:
the TRI-COUNTY COMMUTER RAIL AUTHORITY, signing by and through its
I Executive Director, authorized to execute same and the City ManagBr
of the CITY OF DELRAY BEACH authorized to execute same by vote of
the city co~~ission on January 22, 1991-
CITY
ATTEST CITY OF DELRAY BEACH
C i 'f"':i"'cIe::' :--. --, .--.---- By -
City Manage:-
-.... ..- - -- .. ___.,- d~y of Februa ry ! 199~
-
.
. -lLRAfT
-, .
INTERLOCAL AGREEMENT BETWEEN CITY OF DELRAY BEACH AND TRI-COUNTY
COMMUTER RAIL AUTHORITY
TCRA
ATTEST: Tri-County Commuter Rail Authority
Executive Director By Chair
,-
_ day of , 19 .
-
Approved as to form by
Office of county Attorney
Braward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governme~tal Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
-'.
. - "
, '~
By
CARL E. KERN
Assistant county Attorney
d_
CEK:smc
delray.aOl
0.:./05/91
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [1rlI
SUBJECT: AGENDA ITEM # ~~ - MEETING OF APRIL 23, 1991
PROPOSED CITY/COUNTY PROJECT (SWINTON AVENUE SOUTH OF
S.E. 10TH STREET/S.E. 10TH STREET F.E.C. RAILROAD
CROSSING)
DATE: APRIL 17, 1991
This item is before the Commission to approve a proposed joint
project between the City and Palm Beach County for the redesign
of Swinton Avenue from S.E. 10th Street to Old Dixie Highway.
The proposal is to change Swinton Avenue from S.E. 10th Street to
Old Dixie Highway to a two-way road and transfer jurisdiction of
this road section to the City. The City would then be
responsible for constructing a left turn lane on Swinton Avenue
on the south approach to S.E. 10th Street. The County, in turn,
would accept responsibility for S.E. 10th Street from Swinton
Avenue to Old Dixie Highway, including the railroad crossing.
They would perform all necessary traffic signal modifications and
would also restripe the area. Additionally, the County will
coordinate with the F.E.C. Railroad to close the Swinton Avenue
crossing, including the complete removal of this crossing.
Recommend approval of the proposed joint project between the City
and Palm Beach County for the redesign of Swinton Avenue from
S.E. 10th Street to Old Dixie Highway.
,j [" I
',/v1.] '.~-v-{r::"
I .
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood,tJJ~
Director of Environmental Services
FROM: Mark Gabriel
Asst. Director Environmental Services/
City Engineer
SUBJECT: SWINTON AVENUE SOUTH OF S.E. 10TH STREET
S.E. 10TH STREET F.E.C. RAILROAD CROSSING
PROPOSED CITY/COUNTY PROJECT
DATE: April 1, 1991
This is to summarize a meeting held with the County Traffic
Division. They have proposed the following joint project.
Swinton Avenue from S.E. 10th Street to Old Dixie Highway
would be changed to a two way road. This section of Swinton
would be transferred to City jurisdiction.
The City would be responsible for constructing a left turn
lane on Swinton Avenue. This turn lane would be on the
south approach to S.E. 10th Street.
Coincidentally, with the Swinton Avenue transfer, the County
would accept jurisdiction of S.E. 10th Street from Swinton
Avenue to Old Dixie Highway. This will include the railroad
crossing.
The County would perform all necessary traffic signal
modifications. The County would also restripe the area.
Finally, the County will coordinate with the F.E.C. Railroad
to close the Swinton Avenue crossing. The County would
remain reponsible for the complete removal of this crossing.
.
.
A sketch is attached which identifies these proposed
actions.
We recommend the City participate in this project.
#/P
GLjMG:smm
ATT:
cc: William H. Greenwood, Dir. of Env. svcs.
David Kovacs, Director of Planning & Zoning
File: Memos to City Manager
PC: MGSWINOl
. ' . ' "
.
~WI N10N Ave./u:;JTUe;.,r.j
t'LO I?IXIE. 1J16I~WAY
U7lJN1'< TO
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 1r~ - MEETING OF APRIL 23, 1991
MODIFICATION TO CAPITAL IMPROVEMENT PROGRAM/NORTH
FEDERAL HIGHWAY SEWER MAIN EXTENSION
DATE: APRIL 18, 1991
This item is before you for approval of a modification to the
Sewer Capital Improvement Program by addition of the North
Federal Highway Sewer Main Extension to this year's list of
capital improvement projects. The project involves the extension
of a sewer main, northerly along Dixie Highway, from the lift
station at Kentucky Fried Chicken to the north City limits. When
the Oak Square Treatment Center was granted conditional use
approval, it was noted that sewer service was not available to
the property. The Drug Abuse Foundation has proposed that the
City consider adding this project to the list of capital
improvements scheduled for implementation this year. Since the
cost estimate for this project is less than $100,000.00, an
amendment to the 5-year Capital Improvement Program is not
required. However, since it is greater than $25,000.00, it must
be specifically reviewed and added to the previously adopted
sewer capital improvement program.
As a prerequisite to the project, the Drug Abuse Foundation would
have to enter into an agreement for the up-front payment of costs
associated with the water main extension and their proportionate
share of the sewer main work. Additionally, there are several
commercial uses between Dixie and Federal Highways which will be
required to connect to the sewer once it is installed, thus
generating additional revenues.
At their April 15, 1991, meeting, the Planning and Zoning Board
recommended approval, by a 5-0 vote (Currie abstaining), with
findings that the addition of the project to the FY 90/91 sewer
main extension capital program was in compliance with Policy
A-3.2 of the Capital Improvement Element of the Comprehensive
Plan. A detailed staff report is attached as backup material for
this item.
Recommend approval of the addition of the North Federal Highway
sewer main extension to the FY 90/91 Environmental Services
Capital Program, provided the Drug Abuse Foundation enters into
an agreement for the up-front payment of costs associated with
the water main extension required for their project, dedication
of easements for the water main extension, and sewer connection
fees, estimated at $12,000.
_._~,-
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: r::;:E~::ANAGER
FROM:~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991
MODIFICATION TO CAPITAL IMPROVEMENT PROGRAM -
NORTH FEDERAL HIGHWAY SEWER MAIN EXTENSION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a modification to the Sewer Capital Improvement
Program by the addition of a new project.
The project is the extension of a sewer main, northerly
along Dixie Highway, from the lift station at Kentucky
Fried Chicken to the north City limits.
BACKGROUND:
When conditional use approval was granted for the Oak Square
Treatment Center, it was noted that sewer service was not
available to the property. The Drug Abuse Foundation is
proposing that the City include the project in this year's
capital improvement program. In that the project is less than
$100,000 it does not require an amendment to the 5-year CIP.
However, since it is greater than $25,000 it must be specifically
reviewed and added to the previously adopted sewer capital
improvement program.
Please refer to the attached Planning and Zoning Board
documentation for more background and a description of the work.
In short, the benefit of proceeding at this time is that the City
will realized a savings of approximately $40,000 in an associated
proj ect. The Environmental Service's Director has stated that
the project can be accommodated this year given (1) other
activity in the area, (2) its relative simplicity, and (3) the
availability of funds in the sewer main extension accounts.
Of course, a prerequisite to accommodating this proj ect rests
with the Drug Abuse Foundation entering into an agreement for the
up-front payment of costs associated with the water main
extension required for their project (including dedication of the
water main easement) and their proportionate share of the sewer
main work.
City Commission Documentation
Modification to Capital Improvement Program
North Federal Highway Sewer Main Extension
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 15th at which time they forwarded with a
recommendation of approval, 5-0, (CIAff"\'t. ~'b~ta't\'''~) \ with findings
that the addition of the project to the FY 90/91 sewer main
extension capital program was in compliance with Policy A-3.2 of
the Capital Improvement Element of the Comprehensive Plan.
RECOMMENDED ACTION:
By motion, the addition of the North Federal Highway sewer main
extension to the FY 90/91 Environmental Services Capital Program
provided that the Drug Abuse Foundation enters into an agreement
for the up-front payment of costs associated with the water main
extension required for their project, dedication of easements for
the water main extension, and their proportionate share of the
sewer main work.
Attachment:
* P&Z Staff Report & Documentation of April 15, 1991
c:
Wm. Greenwood, Director of Environmental Services
Oak Square Treatment Center, Project File
DJK/#80/CCMAIN.TXT
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 15, 1991
AGENDA ITEM: V.A. Modification to the Capital Improvement
Program to Accommodate a North Federal
Highway Sewer Main Extension
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation
regarding a capital improvement project dealing with sewer
facilities.
Since the projected cost is between $25,000 and $100,000, the
item requires an amendment to the approved water and sewer
program for FY 90/91.
BACKGROUND:
The Board has previously reviewed a conditional use request for
the expansion of Oak Square Treatment Center. At that time it
was reported that sewer service was not readily available to the
site.
In order to obtain sewer service, the applicant has set forth the
following proposal and rationale (see details in his letter which
is attached):
- by proceeding now, Oak Square will provide approximately
$32,000 to the Atlantic High School to u.s. '1 water main
connection project. This can be considered a cost savings
to the City;
- the estimated cost of the sewer main extension is approximately
$70,000;
- there are several commercial uses between Dixie Highway and
Federal Highway (including two restaurant) which will be
required to connect to the sewer once it is installed.
These connections will immediately provide connection fees
which would replenish the sewer capital fund;
- the sewer main extension is part of a larger project which will
eventually serve Gulfstream Estates (circa FY 94/95), thus
there may be some dollar savings by doing a portion of the
larger project at this time.
~~.
P&Z Staff Report
V.A Modification to Capital Improvement Program to Accommodate a
North Federal Highway Sewer Main Extension
Page 2
COMPREHENSIVE PLAN COMPLIANCE:
Attached are pages III-H-19 and 20 from the Capital Improvement
Element of the Comprehensive Plan. These pages contain POlicy
A-).2 which sets forth the criteria by which modification to the
5-year schedule of improvements shall be evaluated.
The proposal before the Board is in compliance with nearly all of
the factors which are to be considered, i.e.
* elimination of public health hazards (commercial uses on
septic tanks)
* providing service to an unserved area
* phasing (in terms of the Gulfstream Estates sewer project,
making it less costly later)
* combined work with another project in the area (note that
Enclave 24 water and sewer is to be provided later this
. year)
* funding assistance (an effective $34,000 contribution to
the water/sewer extension program)
ANALYSIS:
Given the other water and sewer development activity in the area
and that this improvement would be required (at the City's total
expense) in a few years, it appears appropriate to accelerate it
at this time. Acceleration is consistent with Policy A-3.2.
Discussion with the Director of Environmental Services reveals
that due to their late start on other projects, funding is
available in the present year's budget allocations and the design
of the project is relatively simple and can be accommodated.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the
Environmental Services Capi tal Program be modified by the
addition of the North Dixie Highway Sewer Extension Project in FY
90/91 based upon a determination that such a modification is in
keeping with the provisions of Capital Improvement Element Policy
A-3.2.
Attachments:
* Letter of March 29, 1991, from Kevin Cornnell
DJK/#80/PZSEWER.TXT
five year schedule each year and to prepare the five year
schedule for the second planning period so that it will be
adopted as an amendment to the Comprehensive Plan in June,
1993.
Policy A-3, 2 The criteria which shall be considered in the
amendment and modification of the 5-year schedule and the
preparation of a 5-year schedule for the second planning
period shall include the following (cl) :
a) The highest priority shall be afforded to activities
and projects which eliminate a public hazard whether it
be to health or the reduction of damage potential.
(cIa)
b) The second highest priority shall be given to
activities and projects which eliminate less than
desirable conditions or provide services to unserved,
inhabited areas. (clb)
c) Consideration shall be given to impacts upon the
availability of funds for the project and for other
projects; when appropriate for the purpose of providing
financial resources for other needs, an activity or
project shall be phased over a period of time. (clc)
d) When a project can be combined with another project in
the same geographic area, it shall receive a higher
priority e.g. combining needed street improvements with
scheduled water and sewer improvements may accelerate
the street improvement project. (c1d)
e) When a project will receive significant funding
assistance from a development project or through
neighborhood contributions through an assessment
district or other method, it shall be accelerated on
the schedule. (cld & e)
f) When a project can be funded through an exclusive
funding source, it shall have a priority determined
through that funding source regardless of its
relationship to projects which are funded by other
funding sources e.g. a park constructed with dedicated
park funding can have a higher priority than a
mandatory need when the financing for the need isn't
available. (clf)
g) A project's priority shall increase if it can be tied
to the construction of a project undertaken by another
unit of government e.g. water main upgrading and
. hydrant placements shall be coordinated with street
improvements which are constructed by Palm Beach
. County. (clg)
.
I
111-8-19
h) A project's scheduling shall be consistent with respect
to other projects \oJhich have been prioritized within
other elements of this Plan, except as they may be
modified through the criteria contained within this
Policy A-3.2,
Policy A-3.3 Each department of the City's administrative
structure through which capital needs are addressed shall
maintain a Capital Improvement Program (CIP). The CIP shall
address currently f....mded projects, projects under
construction, and a f i'le year projection of projects. The
CIP shall include all projects contained on the five year
schedule of this Element and shall contain those projects of
greater than $ 25,000 which are funded through the dedicated
financial resources for remedial projects (Policy A-2.3) and
all other projects of greater than $25,000 which are
proposed. The CIP for each department shall be reviewed
annually by the Local Planning Agency which shall issue a
statement of consistency with the Comprehensive Plan.
Policy A-3.4 The Administration (City Manager) shall
prepare a Capital Improvement Budget (CIB) for each budget
year. The CIB shall be reviewed by the Local Planning
Agency and must be determined to be consistent with the
Comprehensive Plan prior to its consideration the City
Commission. (c7)
Policy A-3.5 The City of Delray Beach hereby adopts the
Level of Service (LOS) standards as set forth in Table
CI-GOP-l as the mandatory levels of service for public
facilities within the City's Municipal Boundaries and
Planning Area. (c4)
.
III-H-20
.'""-- -"-~..__...
WALTERA. CORNNELL, INC. /IIlCltl!~
CONSULTING ENGINEERS'" SURVEYORS ..,y I} 'If$)
22 Southeast Fourth Street
Boca Raton, Florida 33432 PLAN 1991
Telephone (407) 391.5530 NINa &
March 29, 1991 . ZONING
Job No. 90-150
City of De1ray Beach
Planning and Zoning Department
100 Northwest 1st. Avenue
Delray Beach, Florida 33444
Attn: David J. Kovacs, Director
Re: Sewer service, Oak Square Treatment Center
Dear David:
I would like to thank you for meeting with us on Tuesday regarding
the above referenced project. As you know, our firm has been
retained to prepare plans for sewer and water service to the site.
In doing so, we have encountered some difficulty providing sewer
service to the project and I would like to ask your advice and
assistance in this matter. The Oak Square Treatment facility,
currently under review by the City, lies in northern De1ray
between North Federal and Old Dixie Highways and is located on Lot
18 Delray Beach Estates. Our difficulty lies in the lack of
gravity sewer in the vicinity of our site. There is a sewer lift
station located approximately 1700 feet to the south at the
Kentucky Fried Chicken restaurant. I understand that this lift
station was sized to provide gravity sewer service for properties
lying north along Dixie Highway as well as the Gulfstream Estates
subdivision lying north of Atlantic High School. It is also my
understanding that the City has no immediate plans for the
construction of said sewer system. Further, I am informed that the
City has plans for the construction of an 8 inch water main which
will run from an existing water main along Seacrest Boulevard
easterly to tie in to the existing water main east of Federal
Highway. As part of our project, we propose to jack and bore an 8
inch waterline under Federal Highway, which we will then extend
westerly to Dixie Highway. We estimate the cost of this waterline
construction to be $31,790.00 (please see attached cost estimate).
I would like to request that the City consider adding the
construction of gravity sewer northerly along Dixie Highway to the
utility improvements currently proposed for the north Delray area.
We estimate the cost of this sewer main construction to be
$68,070.00 (please see attached cost estimate). Potential benefits
arising from the construction of this sewer might include:
1. Construction of the sewer in conjunction with the other
proposed improvements in the area may result in reduction of
contractor mobilization and pipe quantity costs.
- 2 -
Job No. 90-150
2. Construction of the Oak Square waterline will help to reduce
the cost of the waterline which the City currently proposes
and help to offset the cost of the proposed sewer.
3. Providing gravity sewer to the area will result in connection
fees, payable to the City, for adjacent properties as well as
on-going user fees. The need for septic tanks currently
serving the area will be eliminated. Available sewer may
encourage development of vacant properties in the area,
enhancing the City's tax base.
4. Construction of the sewer at this time will help to reduce
the future cost of providing sewer to the Gulfstream Estates
subdivision.
While I'm not authorized to make any committment in this regard, I
believe that the owners of the Oak Square project would be
cooperative in providing the City with an easement for the
proposed Seacrest-Federal waterline.
Oak Square is a non-profit center which depends on donations from
the community for support. The cost of constructing the sewer
themselves may prove prohibitive for such a facility. If we can
help in the design or permitting of this sewer extension, or in
any other way, we would be glad to do so. I would like to thank
you for your cooperation in this matter. Should you have any
questions or comments regarding the above, please feel free to
call. Thank you.
Sincerely,
6
Kevin M. Cornnell, PLS
cc: Jose Aguila
Mark Gabriel
KMc/moc
"'ALTER A. CORNNELL. I ~(
W ALTER A. CORNNELL, INC.
CONSUL TlNG ENGINEERS. SURVEYORS
22 Southeast Jo'ourth Street
Boca Katon, Florida :J:J4:J~
Telephone (407) 391.5530
November 29, 1990
Job No. 90-150
Construction Cost Estimate,
Sewer to serve Oak Square treatment facility
OPTION 1
Construct gravity sewer to existing Lift Station at Kentucky Fried
Chicken
Item Unit Unit Cost Cost
Manholes 0'-6' 2 EA 1,500.00 3,000.00
Manholes 6'-8' 1 Ea 1,650.00 l,650.0u
Manholes 8'-10' 2 EA 1,800.00 3,600.00
Manholes 10'-12' 1 EA 1,950.00 1,950.00
Manholes 12'-14' 2 EA 2,100.00 4,200.00
8" PVC 0'-6' 398 LF 15.00 5,970.00
8" PVC 6'-8' 500 LF 17.00 8,500.00
8" PVC 8'-10' 500 LF 19.00 9,500.00
'. 8" PVC 10'-12' 500 LF 21. 00 10,500.00
8" PVC 12' -14' 500 LF 23.00 11,500.00
6" PVC Lateral 350 LF 8.00 2,800.00
Service Connections 14 EA 350.00 4,900.0U
Subtotal. 68,070.00
Prepared by:
Walter A. Cornne11, PE 6137
WALTERA. CORNNELL, INC.
CONSULTING ENGINEERS & SURVEYORS
22 Southeast Fourth Street
Boca Raton, Florida 33432
Telephone (407) 391-5530
March 29, 1990
Job No. 90-150
construction Cost Estimate,
Water main extension to serve Oak Square treatment facility.
Item Unit Unit Cost Cost
Jack & Bore 20" 90 LF 200.00 18,000.00
Steel Casing
8" DIP Watermain 620 LF 16.00 9,920.00
8" TVS 1 EA 1750.00 1,750.00
8" Gate Valve 2 EA 500.00 1,000.00
6" Gate Valve 1 EA 400.00 400.00
Fire Hydrant 1 EA 1000.00 1,000.00
Fittings 0.2 TON 2000.00 400.00
Pavement Repair 1 LS 1000.00 1,000.00
Sample Point 2 EA 150.00 300.00
Total 33,770.00
prepared By:
( ~~ -~
-
Walter A. Cornnell, PE 6137
....w__ _._~_.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF APRIL 23 1991
REQUEST FOR FINAL BUCKLEY, SCHUH AND JERNIGAN
DATE: April 17, 1991
We have received a request for final payment in the amount of
$24,824.51 from Post, Buckley, Schuh and Jernigan for completion of
engineering services for the modifications of the North Plant. Staff
has reviewed this work and found it to be satisfactorily complete.
Funding is available in the Water and Sewer Fund/Water Treatment
Engineering Services (Account No. 441-5122-536-33.11). Account
balance $26,049.
Recommend approval of request for final payment in the amount of
$24,824.51 from Post, Buckley, Schuh and Jernigan with funding from
Water and Sewer Fund/Water Treatment Engineering Services (Account No.
441-5122-536-33.11).
1
il. -
{f~ Q rfi' cl& ~ .
~ Agenda Item No.:
I
((--;)3-q/ Date: April 16, 1991
Request to be
X Regular a Workshop Agenda
When: 4/23/91
Description of agenda item (who, what, where, how much):
Staff requests approval of final payment to Post, Buckley, Schuh, and Jernigan
on the authoritzation #4 in the amount of $24,824.51. Proj ect tt90-22. MOdification
of North Plant.
Account #441-5122-536-33.11 - ~,O. #18099
ORDINANCE/ RESOLUTION ~~UlRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval of final payment to Post, Buckley,
Schuh and Jernigan in the amount of $24,824.51, Authorization #4
;....
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (i f applicable):
Budget Director Review (required on all iteas involving expenditure
of fundB)~.l~ 1f(t~/~1
Fun ing available: YES/ NO
Funding alternatives: (i~~~Cable )
Account No. & Description: 441-5122-536-33.11 It) /5 iii. ~.Q~
Account Balance: 1it;//'.[)lJf f!~, .Jv't!S.
,
City Manager Review:
Approved for agenda: f!JJ NOtH
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
MEMORANDUM
TO: David T. Harden
City Manager
THRU: Mark A. Gabriel, P. E. tI( ~
Asst. Dir. of Environmental svcs./City Engineer
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/Projects
DATE: April 16, 1991
SUBJECT: AGENDA REQUEST
FINAL PAYMENT FOR POST, BUCKLEY, SCHUH & JERNIGAN
AUTHORIZATION #4
PROJECT #90-22 (MODIFICATION OF NORTH PLANT)
Attached is an agenda request for final payment to Post,
Buckley, Schuh and Jernigan in the amount of $24,824.51.
This is submitted to you for your review and approval.
Thank you.
Ge~
GA: nun
cc: William H. Greenwood, Dir. of Env. Svcs.
File: GAEPR416.MRM - Memos to City Manager
Project #90-22
90 - ,''':' .'!
PBSJ POST. ENGINEERING
BUCKLEY. PLANNING
SCHUH ~ ARCHITEcruRE
JERNIGAN.INC.
MARCH 20, 1991
INVOICE NO. 04369
JOB NO. 10-276.02
CITY OF DEL RAY BEACH P.O, 41- 0/8 d9 9
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWINTON AVENUE 41/ - 5 1;2 ;2 -::;- ,:::7 ~ - s~. I)
DELRAY BEACH, FLORIDA 3341111
ATTENTION: MR. WILLIAM H. GREENWOOD,
DIRECTOR OF ENVIRONMENTAL SERVICES
FOR: NORTH WATER TANK & PUMP STATION
AUTHORIZATION #1I
INVOICE #8
----------------------------------
FOR RETAINAGE WITHELD AS FOLLOWS:
----------------------------------
INVOICE #2 09/01190 $9,349.52"--
INVOICE #3 08/28/90 3,198.6Y
INVOICE #4 09/17/90 7, 7211. 26,-
INVOICE #5 10/09/90 1,245.21-
INVOICE #6 11/14/90 1,262.10-
INVOICE #7 01/23/91 2,044.75
----------
TOTAL RETAINAGE $24,824,51
TOTAL AMOUNT DUE THIS INVOICE $24,824.51
----------
----------
2;;gL__-=,-__J"-~n___-
. RICHARD VOORHEES, PROJECT MANAGER
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
,?O o I go g.0
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''''LL......ch-.:, ~ w o't k ~ Slgnatuia ,~,;,,' : ~:';"ff/s/q I
10; .Lol.....: - ~ i' -1'... <..L?-:> . &f< Date 5//!
-
WINTER PARK PLAZA. t 560 ORANGE AVENUE, SUITE 700, WINTER PARK, FLORIDA 32789
TEL: 407/647-7275' FAX: 407/740-8958
,/'
AUTHORIZATION NO. ~ TO AGREEMENT
Entered Into~Between
CITY OF DELRAY BEACH, FLORIDA
100 N. W; 1st Avenue
Delray Beach, Florida, 33444
Da ted February I, 1989
And
POST. BUCKLEY, SCHUH & JERNIGAN, INC.
5300 West Cypress Street, Suite 300
Tampa, Florida 33607
For
MODIFICATIONS TO THE NORTH WATER PLANT
Post. Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide
prOfessional engineering services, as hereinafter described, to the City
of Delray Beach (CITY) for modifications and rehabilitation to the North
Water P~ant.
1.0 BACKGROUND
The North Water Treatment Plant site originally processed groundwater
from nearby wells prior to storage and pumping into the distribution
system. A similar facility was constructed south of this plant. The
original treatment consisted of aeration, chlorination, and
stabilization using lime. In order to provide a higher level of water
quality to it's consumers. a treatment facility with a higher level of
treatment was constructed at the South Treatment Plant site. The North
site was then converted to a storage and pumping facility. This
facility has remained in service for a number of years without the
benefit of major inspections, upgrade or rehabilitation. The City is
desirious to remedy this situation and to bring this facility to a
higher level of service.
2.0 SCOPE OF SERVICES
2.1 TANK INSPECTION. CLEANING. AND REHABILITATION SPECIFICATIONS
1\. After the City of Delray Beach removes the tank from service,
PBS&J will oversee a leakage test of the tank.
B. Upon completion of the leakage test, PBS&J will inspect the
interior of the tank. The City will dewater the tank and '11111
,\ provide ventilation, self-contained breathing equipment,
I' 1 ighting and any other related items required to facilitate the
, inspection of the tank.
C. PBS&J will prepare a report summarizing the conditions
observed.
D. PBS&J will prepare a specification to be used by the City to
secure a contractor to cl ean and make mi nor repa i rs to the
interior of the tank including expanSion joint repair or
replacement. Preparation of design and specifications for any
required major repairs beyond those minor repairs listed will
be considered extra services.
E. PBS&J will apply for the appropriate FDER/Health Department
permits.
2.2 FACILITY MAST~R P~AN AND ARCHITECTUAL CONCEPT
A, Upon completion of Tuk 2.1, PBS&J will prepare a master pl an
for the ''Iel11ty. This plan will be based on the In<''~~~;M
. ' ~,' '..' j .. ~, ,l,
~~;:._-,<~.~~5;;-~/',
,
,
B. PBS&J, through its subconsultant Ms. Dorothy Mckenna, ~.. LA.,
will prepare two, alternatives for the architectural enhancement
of the facility. These concepts will include a statement of
probable construction cost.
2.3 ELECTRICAL SYSTEM REHABILITATION
- .
A. Ba sed on the plan developed in Task 2.2 and the current
maintenance problems, plans and specifications will be prepared
to rehabilitate the facility's electrical system including the
relocation of the appropriate equipment to a new control room.
This Task will also include consideration of the conversion of
the motors to 480 volts and design of a new motor control
center. Also, FP&L will be contacted to request the upgrading
of their service to the facil ity including replacement of the
existing transformers. A new contro 1 system wi 11 be prov i ded
for automatic operation of the fac il ity. PBS&J will also
provide plans and speci fications for a new emergency power
generator with fuel tank.
2.4 PUMP STATION TELEMETRY
A. PBS&J will prepare plan s and specifications for the
installation of a telemetry system. The system will be
controlled from the main water plant and will provide for ON,
OFF, and AUTO operation of the remote tank and station. The
telemetry system wi 11 control the pumps and provide status
indication of the altitude valve, emergency power, and other
indicators such as tank level, flow rate, system pressure and
appropriate alarms, e.g. , intruder alert and chlorine leaks.
This telemetry system wi 11 be added to the 1 ift station
telemetry system project. I f it becomes a separate project,
then extra services will be required.
2.5 PUMPING SYSTEM REHABILITATION
B. PBS&J will prepare plans and specifications for the master plan
short range pumping system modi fications as determined in
Task 2.2.
3.0 CITY'S RESPONSIBILITIES
A. Provide access to all sites, as required.
B. Provide timely review and approval of submittals by ENGINEER.
I
., C. Pay all permit applica~ion fees.
I:
D. Provide all available data, deta il s, drawings and other
information relating to the North Water Plans to be mod i fi ed
under this program.
E. The City wi" dewater the north tank and will provide
ventl1ation, self-contained breathing equipment, lighting, and
any other related items requ ired to fac i1 i ta te the inspection
of the tank.
F. All construction phase and bid phase services relating to
products of Task 2.1, 2.3, 2.4, 2.5 should the City desire
PBS&J to conduct any or all of these services, they would be
included in an additional authorization.
,"'.
"".1,.,~". !\'!
'J ,:,~~:':~~:~~,_,.:{.~~;J.~: >'r.~:.
-
.
4.0 COMPENSATION
Compensation for engineering services shall be based upon the AGREEME~H
entered into and between the CITY and ENGINEER on June 10, 1985 for
Additional Services and latest AMENDMENT February 1, 1989.
2.1 -TANK INSPECTION, CLEANING AND REHABILITATION
SPECIFICATIONS S 5,777
2.2 FACILITY MASTER PLAN AND ARCHITECTURAL CONCEPT 5,723
2.3 ELECTRICAL SYSTEM REHABILITATION 28,006
2.4 PUMP STATION TELEMETRY 5,073
2.5 PUMPING FEED SYSTEM REHABILITATION g! 778
TOTAL $54,357
4.1 TIME OF SERVICE
The tank inspection will be conducted as soon as the City can take the
facil ity out of service and make appropriate arrangements. The report
will be issued within 7 calendar days after completion of the
inspection. The master pl an '1111 1 be submitted with in 14 ca 1 endar days
after completion of the tank inspection. Task 2.3, 2.4, and 2.5 will be
completed within 90 calendar days after receipt of the notice to proceed
for the respective Task. The time of completion assumes a maximum
cumulative review of 7 calendar days for the CITY to review the design
documents at the 50 and 95 percent stage for each Task 2.3, 2.4, and
2.5.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
AMENDMENT to AGREEMENT upon terms and conditions above stated on this
.;z.~ day Of.....~6....~ ,1989.
For the ENGINEER: For the CITY:
::S~7~lNC' CITY OF DEL RAY BEACH
By: ;a-a:~~~
Doak S. Camp be , III
Att"yi.u<</( U)Pd Mayor
Attested: Af~ ;..LX:, ((~
;7'Y Cc.c,C1'<..
.~,~: .... ....::: ~:il
- ." , 'J.;;' ,..,w. :. "'"'I','!,.; ~',"'"
! ~ ~"'t '!:,.:" -\~I ,J'" ,~., '':''}!;.~J;,:~'".
. ,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF APRIL 23, 1991
ACCEPTANCE AND RATIFICATION OF ADVISORY BOARD
RECOMMENDATIONS FOR APPOINTMENT TO THE CARVER MIDDLE
SCHOOL TASK FORCE
DATE: APRIL 19, 1991
This item is before you to accept and ratify the recommendations
submitted by the advisory boards listed below for appointment to
the Carver Middle School Task Force. The nominees are as
follows:
Community Redevelopment Agency - Leonard Mitchell
Delray Beach Housing Authority - Richard Mouw
Chamber of Commerce - Ken Ellingsworth
Planning and Zoning Board - Jay FeIner
Rita Naron
Resolution No. 26-91 established the Carver Middle School Task
Force as an advisory body to the City Commission. Section 2 of
that resolution provides for Commission ratification of the
recommended appointees. This action will complete the
appointment process for the task force and it is anticipated that
the membership will hold its first meeting the week following
finalization of appointments.
Recommend acceptance and ratification of the recommendations
submitted by the various boards for appointment to the Carver
Middle School Task Force.
~....
.
. Agenda Item No.:
AGENDA REQUEST
Date: 4/17/91
ReqUeS~Placed on:' Special Agenda Workshop Agenda
X Regular Agenda
When: 4/23/91
Description of agenda item (who. what. where, how much):
Carver Middle School Task Force Appointments
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Accept Recommendations
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: tff;1 NO rl
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMENT~
FROM: LULA BUTLER, DIRECTOR,
RE: CARVER MIDDLE SCHOOL TASK FORCE APPOINTMENTS
DATE: AP RIL 1 7 , 1991
ITEM BEFORE THE COMMISSION:
- -
Consider recommendations from various Boards and Agencies for
appointment to the Carver Middle School Task Force.
BACKGROUND:
The City Commission appointed several members to this Task Force
at the regular meeting of April 9th. The Commission further
stated that they would prefer to receive recommendations for
appointment from the Boards pursuant to the approved list. We
are, therefore, forwarding the following Board recommendations
for the Commission's consideration:
Community Redevelopment Agency Leonard Mitchell
Delray Beach Housing Authority Richard Mouw
Chamber of Commerce Ken Ellingsworth
Planning & Zoning Board Jay FeIner
Rita Naron
RECOMMENDATIONS:
We are recommending that the City Commission accept the
recommendations as submitted by the various boards for
appointment to the Carver Middle School Task Force. Ratification
of these recommendations will complete the appointments. The
Task Force will hold its first meeting within the next week.
B:TTF.LB/LB4
I
I RESOLUTION NO. 26-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE CARVER MIDDLE
SCHOOL TASK FORCE AS AN ADVISORY BODY TO THE CITY
COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK
FORCE; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES
OF SAID TASK FORCE; PROVIDING FOR THE COMPOSITION OF
SAID TASK FORCE AND THE RATIFICATION AND/OR DIRECT
APPOINTMENT BY THE CITY COMMISSION OF MEMBERS TO SAID
TASK FORCE; PROVIDING AN EFFECTIVE DATE AND SETTING A
SUNSET DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, recognizes the importance of establishing an immediate re-use
for Carver Middle School prior to the vacation of the building; and,
WHEREAS, the City Commission wishes to establish a task force
to provide for a citizens input process to determine alternatives for
the Carver Middle School site,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there is hereby established the CARVER MIDDLE
SCHOOL TASK FORCE as an advisory body to the City Commission which shall
determine alternatives and make recommendations to the City Commission
on the reuse of the Carver Middle School site.
Section 2. That the Carver Middle School Task Force shall
consist of a membership to be ratified and/or directly appointed by the
City Commission, as follows:
(1) Staff: (for ratification)
City Manager
Director of Community Improvement
City Attorney
Chief of Police or his designee
Director of Parks and Recreation
(2) Citizens: (for direct appointment)
Two (2) from Northwest Section
Two (2) from Southwest Section
Two (2) from other areas
(3 Others as Suggested: (for ratification)
One (1) City Commissioner
Two (2) Education Board Members
One (1 ) Member of the Community Redevelopment Agency
One (1) Member of the Chamber of Commerce
One (1) Member of the Delray Beach Housing Authority
Two (2) Members of the Planning and Zoning Board
(Each Board is to recommend its own appointee(s) for Commission
ratification)
Section 3. That the Carver Middle School Task Force shall
immediately pursue its assigned task with a target of accomplishing said
task by December 1, 1991.
Section 4. That the Carver Middle School Task Force shall
disband upon the discharge of its assigned task or by December 1, 1991,
unless otherwise extended by action of the City Commission.
PASSED AND ADOPTED in regular session on this the 9th day of
April, 1991.
~~
ATTEST:
r1 ~l~rn'l/})/ ~AV~ /10m;
C~ty Ie
I
- 2 - Res. No. 26-91
,,"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ . - MEETING OF APRIL 23, 1991
RESOLUTION NO. 30-91
DATE: April 17, 1991
This is a Resolution abandoning two utility easements within the plat
of Delray Town Center, located at the northeast corner of Linton
Boulevard and Military Trail. This abandonment is required as a
condition of approval of the building permit for the Blockbuster Video
building. The revised building footprint is larger than that shown on
the original site planj and therefore, encroaches into the existing
easements. The documentation is properly prepared and has been
reviewed by Environmental Services and outside utility companies. No
objections were received.
Recommend approval of Resolution No. 30-91 abandoning two utility
easements within the plat of Delray Town Center.
7~
C I T Y COM MIS S ION DOCUMENTAT I ON
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
PLANNING AND ZONING DEPARTMENT
~,
U jUVCJ'~
THRU: J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991 **CONSENT AGENDA**
ABANDONMENT OF EASEMENTS, DELRAY TOWN CENTER
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of two utility easements
within the plat of Delray Town Center, located at the
N.E. corner of Linton Blvd. and Military Trail.
BACKGROUND:
The abandonment of the two utility easements is required as a
condition of approval of the building permit for the Blockbuster
Video building. The revised building footprint is larger than
shown on the original site plan. Since it will encroach into the
existing easements, abandonment is necessary.
The documentation is properly prepared and has been reviewed by
Environmental Services and outside utility companies and no
objection was received.
The abandonment is now ready for City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not act on single purpose
easements.
City Commission Documentation
Abandonment of Utility easements, Delray Town Center
Page 2
RECOMMENDED ACTION:
By motion, adoption of Resolution 30 -91
Attachments:
* Reduction copy of the utility easements to be abandoned
* Resolution to be provided by City Clerk
ked/#7dtcea.txt
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I
RESOLUTION NO. 30-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTIONS OF EXISTING UTILITY EASEMENTS LYING IN PARCEL
1 OF DELRAY TOWN CENTER, AS RECORDED IN PLAT BOOK 65,
PAGES 189 AND 190 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
WHEREAS, MIG/Delray Town Center Limited Partnership, is the
fee-simple owner of Parcell, Plat of De1ray Town Center, according to
the Plat t~reof, recorded in Plat Book 65, Pages 189 and 190, of the
Public Records of Palm Beach County, Florida: and,
WHEREAS, Paula Winker, Agent, has made application for
abandonment of portions of existing utility easements lying in Parcel 1
of Delray Town Center: and,
WHEREAS, the City Conunission of the City of Delray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said utility easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
Being part of a 12 foot utility easement lying in
Parcell of Delray Town Center, recorded in Plat Book
65, Pages 189 and 190 of the Public Records of Palm
Beach County, Florida, and being more particularly
described as follows:
Conunencing at the Southeast corner of said Parcel 1:
thence North 01027'42" West along the East line of
said Parcell, a distance of 67.03 feet to a point on
the North line of a 12 foot wide utility easement as
shown on said Delray Town Center plat; thence South
88032'18" West along the North line of said 12 foot
utility easement a distance of 102.53 feet to the East
line of a 12 foot utility easement as shown on said
Delray Town Center plat; said point designated as
Point "A" for future reference and the POINT OF
BEGINNING: thence continue South 88032'18" West along
the North line of said 12 foot utility easement, a
distance of 12.00 feet; thence North 01027'42" West, a
distance of 19.00 feet: thence North 88032'18" East, a
distance of 12.00 feet; thence South 01027'42" East, a
distance of 19.00 feet to the POINT OF BEGINNING.
Containing 228 square feet, more or less.
Together with a portion of an existing 12 foot utility
easement described as follows:
Conunence at the previously described Point "A"; thence
continue South 88032'18" West along the North line of
said 12 foot utility easement, a distance of 60.84
feet to the East line of an existing 12 foot utility
easement as shown on said Delray Town Center plat and
.
I
the POINT OF BEGINNING; thence continue South
88032'18" West, a distance of 12.00 feet; thence North
01018'54" West, a distance of 12.05 feet; thence North
88041'06" East, a distance of 12.00 feet; thence South
I 01018'54" East, a distance of 12.02 feet to the POINT
OF BEGINNING.
Containing 145 square feet, more or less.
Said lands situate lying and being in Palm Beach
County, Florida.
Bearings based on the East line of said Parcel 1,
having a bearing of North 01027'47" West according to
said plat of Delray Town Center.
Subject to easements and restrictions of record.
The subject property is located on the north side of
Linton Boulevard, between Military Trail and Palm
Forest Way, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 23rd day of
April, 1991.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 30-91
.
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ1vt
SUBJECT: AGENDA ITEM # ~ m - MEETING OF APRIL 23, 1991
RESOLUTION NO. 32-91
DATE: APRIL 19, 1991
Resolution No. 32-91 modifys the Community Redevelopment Plan to provide
funding from community redevelopment trust funds in the amount of $3,500
(tax increment revenues) for the elimination of power poles and other
obstructions from travelways within the Community Redevelopment Area. A
portion of the funds is to be applied to the cost of relocating power
poles at the Walgreen's development on N.E. 4th Street, between N.E. 5th
and 6th Avenues.
Recommend approval of Resolution No. 32-91.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Apr 19.91 :3:00 F' ,'J2
{
'........
.
RESOLU'l'ION NO. 32.91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA"t BEACH, FLORIDA, MODIF'iING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH,
FLORIDA; TO PROVIDE FUNDING FOR THE ELIMINATION OF
POWER POLES AND onIER OBSTRUCTIONS FROM TRAVELWAYS
WITHIN THE COMMUNI'l'Y REDEVELOPMENT AREA ; FINDING
THAT TIlE MODIFICATION CONFORMS TO THE COMMUNI'l'Y
REDEVELOPMENT ACT OF 1969, AS AMENDED I FINDING TH1o.T
THE MODI FI C1o.TION IS CONSISTENT WITH THE: CI'l'Y OF
DELRA"t BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIRE-
MENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); AND
PROVIDING FOR SEVERABILI'l'Y.
WHEREAS, the City commission of the City of Delray Beach, Florida,
by Ordinance NO. 46-85, adopted June 18, 1985, did create a Community
Redevelopment 1o.gency as provided in Florida Statutes Section 163.356;
and
WHEREAS, on December 23, 1986, the Board of County Commissioners of
palm Beach County passed and adopted Resolution NO. R-86-2003 delegating
the exercise of the powers conferred upon the County by Chapter 163,
Part 3, Florida Statutes, within the boundaries of the City of Delray
Beach to the governing body of the City of Delray Beach completely and
without limitation; and
WHEREAS, the City commission of the City of Delray Beach, Florida,
has heretofore approved a community Redevelopment Plan on the 9th day of
September, 1986 by Resolution No. 49-86 as subsequently amended on
November 24, 1987 by Resolution No. 47-87 and as further ratified and
amended on February 14, 1989 by Resolution No. 6-89, and as further
ratified and amended on the 25th day of september, 1990 by Resolution
No. 86-90; and
WHEREAS, the community Redevelopment Agency of the ci ty of Delray
Beach, E'10r1da, hereinafter referred to as the "CRA", has heretofore
adopted a Community Redevelopment Plan; and
WHERE1\S , the CRA is deairoua of modifying said plan to provide
funding for the elimination of power poles and other obstructions from
travelways within the community redevelopment area and allocations of
funds therefor; and
WHEREAS, the CRA has recommended to the City Commission of the city
of Delray Beach, Florida, pursuant to its Resolution No. 3-91 that the
Community Redevelopment Plan be further modified to provide funding for
the elimination of power poles and other obstructions from travelways
within the community redevelopment area; and
WHEREAS, the City COllUlli..ion finds it to be necessary for t:he
rehabilitation, conservation and redevelopment or a combination thereof,
of the Community Redevelopment area and in, the interest of the public
health, safety, moral and welfare of the residents of the City of Delray
Beach to amend the community Redevelopment plan for the purpose of
providin9 funding for the removal of power poles and other obstructions
within the community redevelopment area whereby the CRA will expend tax
incremental financing funds to assist the City in funding the removal of
..--.-. -", 'I' o ~.. "
:~ ,."( J" .,
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Apr 1'9.91 '3:01 F ,1)3
~,-,.,
._-----_._.._-,.~-. .-.-............- -.....---
power poles and other obstructions for the purpose of enhancing or
upgrading the appearance of the community Redevelopment area; and
WHEREAS, the City Commission finds that the moditication conforms
to the Community Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission hnds that the modif:ication 1S con-
sistent with the City of Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission further finds that the modification
meets the applioable requirements of Sections 163.360(6) (7), Florida
Statutes; and
WHEREAS, the Ci ty Commission shall hold a public hearing on said
modification to the plan, after pUblic notice is given in conformance
with the requirements of Chapter 163, ~art 3, Florida statutes; and
WHEREAS, the City commission finds that the removal of power poles
and other obstructions within the Community Redevelopment area will
serve the CRA's basic objective of eliminating and preventing the spread
of slum and blighted conditions, and the Community Redevelopment
AgenCY's economic objective to increase the level of economic activity
in the tax base within the Community Redevelopment area; and
WHEREAS, the City Commission finds that the implementation of a
funding mechanism by the eRA to provide for funding for removal of power
poles and other obstructions within the Community Redevelopment area
will serve to facilitate the1above.stated objective,.
/
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby incorporated
by ~eference nerein, a.s findings of tact upon which this resolution is
based.
Section 2. The Community Redevelopment Plan is hereby modified in
the following- respects. The following modifications shall be inserted
in the places as indicated on Exhibit "A".
A. section l: "Overview of the Community Redevelopment Plan",
Subsection, "The Need and purpose of the Community Redevelopment
Plan", Subsection, "Redevelopment Objectives", Subsection,
"Circulation and Parking Objectives" as set forth on paqe 7 of the
community Redevelopment Plan shall be amended to add at the end
thereof the following:
"Eliminate power poles and other obstructions from travelways
within the Community Redevelopmen~ Area."
B. Section 1: "OVerview of the Community Redevelopment
Plan", Subsection, "The Redevelopment plan Concept", Subsection,
"Redevelopment & Public Improvement Concepts", SUbsection,
"Traffic, Circulation and Parking concepts", as set forth on Page
11 of the Community Redevelopment Plan shall be amended to add at
the end thereof the followln;:
"The removal ot power poles and other obstructions from
travelways (AS oppo.ed to right-of-ways) 1s recommended to
improve traffic circulat10n and enhance traffic safety. These
improvements Are to be made when appropriate 1n conjunction
2 Res. No. 32-91
.. -.'....':.
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Apr 19.91 8:0:2 P.04
~.
.-.- .
-,.
with the development or redevelopment of specific projects
within the Community Redevelopment Area. These improvements
shall be undertaken in concert with the City of Delray Beach
a.nd Florida Power and Light."
C. Section 2: "The COlMlunity Redevelopment Plan", S\ll:l-
section, "The 'l'rafflc CtrCu1a.tion and Parking Element", Subsection,
"Traffic Circulation and Parking Plan", Subsection, "Traffic
Circulation Improvements", as set forth on Page 24 of the
COlMlunity Redevelopment Plan shall be amended to add at the end
thereof the followin9:
"The following long range improvements are planned throuqhout
the Community Redevelopment Area:
The removal of power poles and other obstructions from
travelways (as opposed to right-of-ways) is required to
improve traffic circulation and enhance traffic safety. These
improvements are to be made when appropriate in conjunction
with the development or redevelopment of specific projects
within the community Redevelopment Area, These improvements
shall be undertaken in concert with the City of Delray Beach
and Florida Power and Light."
D. Appendix 4. Traffic circulation Improvements Section on
Page 64 shall he amended to add at the end thereof the following:
"For development and redevelopment pro~ects throughout the
Community Redevelopment Area as required:!
LonQ Range: 1990-1995
1. Remove power poles and other obstructions $3,500.00
from travelways."
Section 3. That if any section, subsection, paragraph, sentence or
word or other provision of this resolution, or any portion thereof, or
its application to any person or circumstanoe, be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision
shall not effect the validity of any other section, subsection, para-
c;raph, sentence, or word or provision or its application to other
persons or circumstances and shall not effect the validity of the
remainder hereof as a whole Or part thereof other than the part declared
to be invalid.
PASSED AND 1JJQPTED in reCjJUlar session on the - day of
April, 1991-
MAYOR
ATTEST:
City Clerk
:) ll.es. No, 32~91
. ..
.
If /C)..}? ~
- CD" Community
3d/ql
. Redevelopment fv.
-a Agency
Delray Beach
CRA MEMO
AGENDA REQUEST
TO: David Harden, City Manager
FROM: Frank R. Spence, Executive Director ~
DATE: April 12, 1991
SUBJECT: Resolution Amending the Community Redevelopment Plan
Please find attached a copy of CRA Resolution No. 4-91, a
resolution amending the Community Redevelopment Plan to permit the
expenditure of $3,500 in TIF funds, said funds to be applied to the
cost of relocating power poles at the proposed Walgreen's
development on N.E. 4th Street between N.E. 5th and N.E. 6th
Avenues. City Commission approval is required to amend the
Community Redevelopment Plan. It is therefore requested that an
appropriate resolution be drafted and presented to the City
Commission at their next regular meeting.
Should you have any questions on this matter, do not hesitate to
let me know.
cc: Mayor Tom Lynch
City Attorney Jeff Kurtz
David Kovacs, Director of Planning
1 S.E. 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640
".
RESOLUTION NO. 4':"91
A RESOLUTION AMENDING THE COMMUNITY REDEVELOPMENT PLAN OF
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRA Y
BEACH TO PROVIDE FUNDING FOR THE ELIMINATION OF POWER POLES
AND OTHER OBSTRUCTIONS FROM TRA VELWA YSWITHIN THE COMMUNI-
TY REDEVELOPMENT AREA.
WHEREAS, the Community Redev~lopment Agency of the City of Dclray Beach, hereinafter
referr~d to as the "CRA," has heretofore a,dopted a Community Redevelopment Plan; and
WHEREAS, the Community Redevelopment Agency of the City of Dclray Beach has
determined that it is in the public's interest to provide funding from its community redevelopment
trust funds for the removal and elimination of power poles and other obstructions from travelways
within property being redeveloped within the Community Redevelopment Areas; and
WHEREAS, the subject modification is subject to approval by the City Commission of the
City of Delray Beach.
NOW, THEREFORE, BE IT RESO'LVED by the Board of Commissioners of the CRA that:
1. The Community Redevelopment Plan be amended and modified as follows:
A. SECTION 1: OVERVIEW OF THE COMMUNITY REDEVELOPMENT PLAN;
Subsection, THE NEED AND PURPOSE OF THE COMMUNITY REDEVELOPMENT PLAN;
Subsection, Redevelopment Objectives; Subsection, Circulation and Parking objectives as set forth
on page 7 of the Community Redevelopment Plan shaH be amended to add at the end thereof the
following:
"Eliminate power poles and other obstructions from travel ways within
the Community Redevelopment Are~."
B. SECTION 1: OVERVIEW OF THE COMMUNITY REDEVELOPMENT PLAN;
Subsection, THE REDEVELOPMENT- PLAN CONCEPT; Suhsection, Redevelopment & Public
Improvement Concepts; Subsection, Traffic, Circulation and Parking Concepts as set forth on page
11 of the Community Redevelopment Plan !'hall be amended to add at the end thereof the following:
~
. -
-
"The removal of power poles and other obstructions from travelways
(as opposed to right-of-ways) is recommended to improve traffic
circulation and enhance traffic safety. These improvements are to be .
made when appropriate in conjunction with the development or
redevelopment of speci fic projects within the Com m unil y Redevelop-
ment Area. These improvements shall be undertakcn in concert with
the Cily of Dclray Beach and Florida Power and Light."
C. SECTION 2: THE COMMUNITY REDEVELOPMENT PLAN; Subsection, THE
T~A~FIC CIRCULA TION ANDPARKING ELEMENT;Subsection, Traffic Circulation and Parking
Plan; Subsection, Traffic Circulation Improvements as set forth on I '-',c 24 of the Community
Redevelopment Plan shall be amended to add at the end thereof the following:
"The following long range improvements are planned throughout the
Community Redevelopment Area:
The removal of power poles and other obstructions from travclways
(as opposed to right-oC-ways) is required to improve traffic circula-
tion and enhance traffic safety. These improvements are to be made
when appropriate in conjunction with the development or redevelop-
ment of specific projects within the Community Redevelopment Area.
These improvements shall be undertaken in concert with the City of
Delray Beach and Florida Power and Light."
D. APPENDIX 4. Traffic Circulation Improvements Section on Page 64 shall be
amended to add at the end thereof the following:
"For development and redevelopment projects throughout the
Community Redevelopment Area as required:
Long Range: 1990-1995
1. Remove power poles and other obstructions $ 3,500,00
from travelways."
2. This recommended modification and amendment to the Community Redevelopment
Plan shall be forthwith submitted to the City Commission of the City of Delray Beach Cor public
hearing and approval.
RESOL VED this II day of I2r2 6 to t'5
Alles!: 9tu-gMf..l,;{!-~___
Secret~ ' !
, ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fP<1
SUBJECT: AGENDA ITEM # ~M - MEETING OF APRIL 23, 1991
AWARD OF BIDS AND CONTRACTS
DATE: April 17, 1991
This item is before you to award the following bids and contracts:
1. Tractor- Environmental Services- Ford New Holland, Inc. in
the amount of $12,513 with funding from Environmental
Services/Equipment Other (Account No. 001-3113-541-60.89).
Account balance $25,931. Amount budgeted $21,500.
2. Rehabilitation of the 1/2 Million Gallon Elevated Tank-
Environmental Services- Dees Contracting, Inc. in the amount of
$259,111 with funding from Cellular One ($121,000), Environmental
Services Repair and Replacement ($43,000) - Account No.
442-5178-536.61.79/Account balance $43,000 and 1984 Water and
Sewer Revenue Bond Issue ($95,111) - Account No.
441-5162.536-61.79/Account balance $95,111.
Recommend award of the above bids and contracts with funding as
indicated.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH~Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ~~
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 9, 1991 - PURCHASE AWARD -
INDUSTRIAL TRACTOR FOR STREETS DIVISION
Item Before City Commission:
The City Commission is requested to award purchase of one (1) tractor to
Ford New Holland, Inc. at a total cost of $12,513. Per the Budget Office,
funding is from:,(7t'I-- .J/IJ" .5''/1- ~tJ. 8'1 (lAJv,'iZJ)AJ. 's-p.iltl. - ZOIlJ i
~ (0ZLf f:~~: L - tc; ,....'A. ly.JJ.l.-u . ) .
r
Background:
Funds were allocated in the FY 90-91 budget to purchase one (1) industrial
tractor for the Streets Division. A total of $ d I, S~. ~o was budgeted
for this purchase.
Tractors are available via Florida State Contract #765-900-90-1, per
attached documentation, and price worksheet.
Environmental Services/Public Works has reviewed this contract and
recommends this purchase.
Recommendation:
Staff recommends award to Ford New Holland, Inc. at a total cost of $12,513.
via Florida State Contract. Funding as outlined above.
Attachments:
Memorandum from Environmental Services
Price Worksheet
Documentation on State Contract
pc William Greenwood
cg.N.I.
PRICE WORKSHEET
Florida State Contract
11765-900-90-1
Wheel Tractor, 50 PTO Horse Power
Brand & Model: Ford 4630
Base Price $ 9,920.
2003 - Transmission 1,202
5001 - Canopy 486.
6005 - Rear Wheel Weights 275.
6006 - Vandal Protection 470.
6007 - Warning Light 160.
$12,513.
MEMORANDUM
TO: Mark A. Gabriel, P.E.
Asst. Dir. of Env. Services/City Engineer
THRU: Robert Taylor ~
Dep. Dir. of Env. Services/Public Works
FROM: Mark A. Kilbourne
DATE: March 27, 1991
SUBJECT: VEHICLE #684 REPLACEMENT
Attached is a requisition to purchase a new industrial
tractor via Florida State Contract. This tractor will
replace vehicle #684, a 1973 Ford tractor with an extensive
repair background. Funds for this purchase were budgeted
for the 1990-91 year and are available in account
#001-3113-541-60.89.
1!~~--L?
Mar A. K1lbourne
MK : nun
cc: William H. Greenwood, Dir. of Env. Servo
File: MKPWST27.MRM - Interoffice Memos from Public Works
..
~~glgoo-500 ,"~,,~:. ,"';,:>'-'..-: , ", ,,-'.I"
60. ACCESSORIES I
A. Engine tachometer, hour meter, oil pressure, charging system, t.mperature and
fuel gauges, indicators, or warning lights.
B. Rear working light(s), h.adlights (2), taillight(SI, warning lights/turn
signals, and instrument panel light(s) ~
C. Rear fenders, flat top style.
D. Hydraulically controlled, category II, three-p~int hitch and linkage with draft
and position control and linkage stabilizers.
E. swinging drawbar, with provisions for s3fety chains for drawn equipmen~.
F. HAnd and foot throttle.
G. Tool box, lockable.
H. Electric backup alarm.
I. Fuel-water separator (not h~ated), Fleetguard (Cummins) FS 1212 (preferred), ,
Deere RE 17414, or approved equivalent. state manufacturer and model no. bid.
70. TIRES:
A. Front: 6.00 x 16, F2, 6 PR, minimum.
B. Rear: 13.6 x 28, R1, 6 PR, minimum.
80. PAINT: Manufacturer's standard paint and color, factory painted.
90. CONDITIONS: See General Requirements All Agriculture Tractors And Mowers (GRTM-l).
BASE AND BASE WITH OPTIONS
ITEM DISCOUNT* MODELl PRICE
Western District 20 FOR~ 4630 9.871.00 (A
Northe~n District 20 -I9.RD 4630 9.811.00 (B
central District 20 FORD 4630 9.831.00 (C
Southern District 20 FORD 4~ 9.920.00 (0
*Discount per unit for tractor picked up by ordering agency at contractor's
place of business.
OPTIONS: (where nece88ary, bid different model which alao meets bue specification.)
1001. Horizontal exhaust.
ORDER CODE 54 C PRICE 37.00 (1)
2001. synchronized transmission, which can be shifted on-the-go by clutching. stat.
gears and/or ranges whi,'h are synchronized, and ground speeds.
ORDER CODE WX PRICE 299.00 (2)
VENDOR NAME: FORD NEW HOLLAND
WJF 12/15/89 2 of 6
026
.'
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~:'...J,' ,J!....r."'~,' ";..' ."~.;w.,j!')".~,t."""".,,,. ""';~"" ."",.""."~'" "'"''''''
, . . ~. .. (
. "
. ,
i2ghoo-soo ' .~.~ ~'-t~~.J:"~ _. . ""~~;';~:, "j ~...... ~ ~",..... .'" 4 ~ ;~;'.~ ~7.~.:~~G:~.:."": ',~, ~.~:.
" .
. "
OPTIONS I (continued)
2002. Powerahift or hydroatatic tranami.sion which can be .hifted to & lower or higher
speed ratio under full load without clutching. state type(s) bid.
ORDER CODE PRICE NIA (3 )
2003. Tranomisaion which can be shifted forward to reverse and reverae to forward
without clutchinq. state type transmission and PTO bid.
.SEE SUPPLEMENTAL LIST f:
FOR ADDITIONAL OPTIONS ORDER CODE 26j)C- PRICE 1.202.00 (4 ) ~
2004. Mechanical front wheel drive with AG (R1) tire. front and rear. j
*INCLINOES T7F FRONT ORDER CODE HU-AG · PRICE 2.134.00 (S)
TIRES, T40 REAR TIRES '-,
2005. Mechanical front wheel drive with turf tires front and rear.
.INCLUDES T2G FRONT ORDER CODE HU-TURF · PRICE 2.134.00 (6 )
TIRES, TeX REAR TIRES
2006. .Creeper" transmission. State type(8) bid, and ground speeds in each gear.
ORDER CODE X6 · PRICE 920.00 (7 )
*5.711 W/8 X 2 TRANSMISSION, I
4.411 W/8 X 8 TRANSMISSION.
3001. Heavy-duty industrial-type 2WD front axle. The resulting height of the front of
the machine must be compatibla with the height of the rear of thft machine,
especially if a loader ia 8upplied. State acceptable rear and front tire and
wheel diameters.
ORDER CODE SEE OPTION-2003 PRICE SEE OPTION 2003 (8)
3002. Power adjustable tread rear axle.
ORDER CODE J1 · PRICE 349.00 (9 ) ,
.SEE OPTION 7002 FOR AVAILABILITY,
NA WITH OPTION 2003
500l. Canopy; steel or fiberglass, installed. (Full Vision plastic Canopy (316) 283-
3344 or approved equivalent).
.
ORDER CODE STEEL CANOPY PRICE 486.00 (10) ,
-.,
VENDOR NAME I FORD NEW HOLLAND
WJF 12/15/89 3 of 6
. 027
.
t.. ~
' .,-'o:itl~.. ' ~ "'; I . ;;.,~. .' . . . . . -. ~...,~... ':~. '" '-,
, :;-:. . ',- ~ ,~, '-"""!Y~~:~~4~~~'~ -. ":':' ,",.,.)", ,~:~;.;.~.:~ .....1.....:....., :-tt;..~...,.:J.t/..'I'.;~~. '-\OJ
."'t " )
. .
. , , . '" - ,
; ,
. . I \
..., ,'~"" ",,"',ITr~"---'"'-"""<i~~~"~Ilf;~_"~lJlij,
. ',';' ~ IR1,oo::'5oo .~.'.:'~;'" .....~, .:,;:~...., ~,',' ,-,. ;"I~;"I~fJ..., ' '.f >,:,,'~" ,1',,-, ' "-~':~"'< t;:'i.~;,
OP~IONSr (continued)
5002. Heavy mesh scre.n, installed but removable, covering entire space between rear ~
ROPS posts, and the space (if any) between fenders and ROPS, to protect operator ~,
from debris thrown up by cutter or mower. Mounting must be done by manufacturer,J
to avoid unauthorized drilling, cutting, or welding of ROPS structure. .~
'.,:~
ORDER CODE SUNS. PRICE 922.00 (11) 'i
.INCLUDES STEEL CANOPY, OPTION 5001
~001. one-spool remote control valve with two breakaway couplers per latest issue of ISO
5675, and SAE JI036 and J716. )
.:, ORDER CODE Xl PRICE 197.00 (12)
"
,
6002. Two-spool remote control valve with four breakaway couplers per latest issue of
. ISO 5675, and SAE J1036 and J716. sid to include option 6001 in price.:;
ORDER CODE K3 PRICE 386.00 (13) ~,
6003. ~hree-spool remote control valve with six breakaway couplers per latest issue of ,
ISO 5675, and SA!: J1036 and J716. R.H. fender mounting permitted. Bid to include ~ ;~:
option 6002 in price. :':,~
~-.:fi:
ORDER CODE TK FENDER VALVE. PRICE 794.00 (14) ,~~
*INCLUDES OPTION 6002 PLUS p
PLUS 3-SPOOL FENDER MOUNTED VALVE
'~
6004. Front end weights, with bracket, full set. state total woight added, including .:,*
bracket. ; ;:""-
~'
....
~..
ORDER CODE 0 4 625 . PRICE 307.00 (ls),~.,
-~~.
6005. Rear wheel weights. state total weight added. ~,'?i;
, ":~
ORDER CODE 0 C - 420 . PRICE 275.00 (16) 1~.
6006. Vandal protection, with instrument panel protection and locks for battery box,! .~
tool box and exposed fluid caps. i ',(~
,t -t-:"
( .'"
ORDER CODE VP PRICE 470.00 (17) t ,:'h~
!';~
6007. warning light; strobe or rotating beacon. Four way flashing light is not I"~:
acceptable.
ORDER CODE STROBE PRICE 160.00 (18)
VENDOR NAMEs FORD NEW HOLLAND
WJF 12/15/89 4 of 6
O~8
~ ~.'''~.
, -:. ~ '-. .
,....' .',".,.~ ',' ; ~';; """ :.,' ~'.~, ;,~,,~'. - '.' ." '.,':. .'- ;' ,"". .~, " ',-~"-"'"'!:
, ,~,~,},'d;.t>.f;.a;b;i,f' ~~~~."""...;, ' ..
Suo~lemen~al Price Lls~ "0
SD~:i'ica~ion Nc. 5G
;..or: b63~/260:
.f!Iti~.~~.,.~"..,J;~~SI":"',_;.;~hrr~~~<';,i~~w~'fd"f6,.i~Wfie.ranc
, reverse to forward witnout.t10tt~!n~.
Model Price
- -
Rear Tires - (Model 260 e only):
~vailabili ty
2WO 4WO Low
Order No. Descriotion T Tl TITL Profile Price
-- -
T40 18.4-16.1, 6 ply, R3 X $ 104
T4K 14.9-24, 6 ply, R3 X 'j. $ we
;,:;.~~,~.,)'\"" 14..~~2.4, 6 ply,: R4 X X $ Std.
'16..'W4\6 ply,/JU,;~ JC.1'" x X 'S Std...
:0".'.; .
T81 16.9-24, 6 ply, R4 x X X $ 71
(Goodyear)
T48 16.9-24, 6 ply, R4 X X $ 80
(Armstrong)
T46 16.9-24, 6 ply, Rl ^ X $ 50
Ford New Hollar.~ lIne.
P1l690
- 30A -
. . . '. ' . l "
- ... . .
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. . . .. . . . '; to
.
11 -
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.,.
Aqenda Ite.. No.:
AGEIIDA IlBQUBSf!'
Date: 3/29/91
Request to be placed on:-
x Consent
~~x Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, ho,", much): Purchase of a new
industrial tractor for the Public Works department to replace vehicle #684 (1973 Ford Tractor). Cost
~iff. $1~h8.9Q. funds available in account # 001-3113-541-60.89. To be purchased under state contract
4[JI/ #765-900-90.1 This is a general use tractor with primary responsibility for land grading and
preparation.
YES€) YES@
ORDIIIAIlCE/ RESOL~IOII REQUIRED: Draft Attached:
Recommendation: Staff recommends approval of this contract.
t;
Department Head Signature: ~/JJ&~-- _ dh-~ .1)
Deteraination of Consistency with Coaprehensive Plan:
~
City A~torney Review/ Recommendation (if applicable):
,
~ Budget Dillor 1)0iew (~ed on all ite.. involving expenditure
of funds): ..~. If/;';
Fund ng available: (itij) NO (if applicable)
Funding alternatives:
Account No. & DeSCjiPtion: ;:tI:bAl SPI'_t; / t!.{/..tA'd IP~ Or:>/-~I (~ -S-~/, bo-J~
Account Balance: 615. 'f,J/. /)0 I ~,.J -I SllIal-s 0:",'~ .'.:0""
,
City Manager Review:
Approved for agenda: ~~o ~
Hold Until: ~3
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
ri Ie 1/. L> I
PBSJ POST, ENGINEERING
~ BUCKLEY, PLANNING
SCHUH IS..
JERNIGAN, INC.
March 1, 1991
Mr. George Abou-Jaoude, Deputy Director
Environmental Services/Projects
City of Delray Beach
434 S. Swinton
Delray Beach, Florida 33444
Subject: Contract Documents
Bid No. 91-23
Elevated Storage Tank Rehabilitation
Dear Mr. Abou-Jaoude:
We have reviewed the project bids taken on February 1, 1991 for the Elevated Storage
Tank Rehabilitation Bid No. 91-23 summarized as follows:
1. Dees Contracting, Inc. $259,111
2. Worth Contracting, Inc. $281,480
3. Eagle Tank Service $287,499
The low bidder, Dees Contracting, Inc. is located in Savannah, Georgia. A review of their
past projects shows that they are more than capable for successful completion of this
project. Attached is a copy of their past experience.
It has come to our attention through letters from the other two bidders that Dees may not
meet Paragraph 3 of Instructions to Bidders namely hold or obtain a Florida General
Contractor's License in order to bid. In conversations with Dees Contracting, Inc. they
are currently working in Florida and have stated that all conditions in the Contract
Documents will be met before Notice to Proceed.
Sincerely,
O~ W~
David A. Weber, P.E.
DA W /rc
Attachment
cc: Ed Copeland
07 -154.02
L,\
. \{'Y'\
( \L
t}/ j./ CYW\
tm:ENV104:S/1 5300 w. CYPRESS STREET. SUITE 300, T AMrA. FLORIDA 33607 -1066
TEL: (813) 877-7275 . FAX: (813) 873-0179 or (813) 286-1207 ~.N.;).
.
CITY OF DELRAY BEACH
Departmental Budget Transfer
(1) Departmental Line Transfer (2) Date April 17, 1991
(3) InterfundlInterdepartmental Transfer (4) Batch Number /~/.6Sv
(5) REQUESTED BY: William H. Greenwood - Environmental Services
--------------------- ------------------.------- ------------------ ________________Ir.'
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
.-------------------- -------.--------------.--- --------------.--- -----------------
441-5162-536-60.80 Misc Engineering Services $148,873
441=5162-536-61.79 Rehab 112m Gal Eleva Tank $148,873
(10) TOTAL $148,873 $148,873
--.---.-------.--- ---.--------------
JUSTIFICATION: Transfer is necessar to establish a new
Million Gallon Elevated Tank.
ASSIST. CITY MGR.
CITY MANAGER
--------.-.-----.----.-.-.----------.-.---------.-.------------------------------------
( 11) BUDGET REVISION DATE (12) CONTROL NUMBER
(13) PERIOD (14) COUNT
WHITE - ORIGINAL - BUDGET . CANARY - COpy - FILE . PINK - COpy - DEPARTMENT
.
'{ -
! .
co
Agenda It.. 110.:
AGBIIDA IlBOOEST
Date: 4/17/91
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: 4/23/91
Description of agenda item (who, what, where, how much): Request Ci ty
r.ommi~~ion to aDD rove Contract Award to Dees Contractinq. Inc. in the amount of $259.111.00 for
the Rehabilitation of the 1/2 Million Gallon Elevated Tank Project. Environmental Services Project
#90-01 and Bid #91-23. Construction of this project shall be funded by Cellular One ($121,000):
$43.000 from 442-5178-536-61.79 and the remaining $95,111 to be financed by the 84 bond issue account
number to be establlshed.
ORDIIlAllCE/ RESOLOTIOII REQUIRED: ~/NO Draft Attached: ~tiS/NO
Recommendation: Staff recommends approval of Contract Award to Dees Contracting, Inc., in the
amount of $259,111.00 for the Rehabilitatlon of the 1/2 Mllllon Gallon Elevated Tank at the Water
t; Treatment Plant.
Department Head Signature:
Deter.iuation of Consistency
~
City Attorney Review/ Recommendation (if applicable):
Budqet DiJ1ctor Review (reqgired on all iteas involving expenditure
of funds): .J.'~~
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Dest:iPtion: :;;'$ ~..r .ity~"';.-.~. "'1tl-5J7f~S3I'~j.
Account Balance: 4- /UH) ~. .4 $'" 1/ ~ '2'
Ci ty Manager Review: lit I 5i'~ ~ 6~ ,- ~ (. 11
~S i'''f ~.
Approved for agenda: ~/ NO~1V1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJf.It
SUBJECT: AGENDA ITEM # Cl~ - MEETING OF APRIL 23, 1991
REPORT OF APPEALABLE LAND USE ITEMS
DATE: April 17, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period April 8th
through April 22nd. The following actions were considered during this
reporting period:
Site Plan Review and Appearance Board:
-Approved landscape and building elevations for an addition to
the South County Mental Health facility.
-Approved addition of outside tables and chairs for Marianne's
Gourmet Deli.
Planning and Zoning Board:
-Recommended approval of the abandonment of a portion of an
alleyway for the Mt. Olive Mission Baptist Church development.
Other items which were heard by the Planning and Zoning Board will be
forwarded to the City Commission as separate agenda items.
Historic Preservation Board:
No appealable items were heard by the Board.
~Jr~
o((t?1
C I T Y COMMISSION DOCUMENTATION
TO: w;~';::AGER
THRU: pD. KOVA S, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
1. ~
~~~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF APRIL 9, 1991
REPORT OF APPEALABLE LAND USE ITEMS
APRIL 8, 1991 THRU APRIL 22, 1991
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 April 8, 1991, through April 22,
1991.
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:
l. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
City Commission Documentation
Report of Appealable Land Use Items
April 8, 1991 thru April 22, 1991
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF APRIL 10, 1991:
l. Approved by a vote of 6 to 0, the landscape and building
elevation plans for a building addition at the South County
Mental Health, at 16155 S. Military Trail.
2. Approved by a vote of 5 to 0, the addition of outside tables
and chairs in the front landscaped area at Marianne's
Gourmet Deli. The site is located on the east side of N.E.
4th Avenue, between N. E. 1st and 2nd Streets.
No other appealable items.
PLANNING AND ZONING BOARD MEETING OF APRIL 15, 1991:
l. Recommend approval of the abandonment of the alleyway
associated with the Mt. Olive Missionary Baptist Church
development proposal. The petition was modified and is now
limited to the northern 150' of the alley as an abutting
property owner which previously consented to the petition
has withdrawn participation. The petition will not be seen
until the plat is forwarded to the City Commission.
All other items which were heard by the Planning and Zoning Board
will be forwarded to the City Commission as separate agenda
items:
* Reconfiguration of the traffic flow Mobil to Shell
Station Conversion (Atlantic and Military Trail)
* Modification to the Master Plan Delray Park of
Commerce "Tract R"
* Abandonment (partial) of N.W. 18th Avenue, Congress
Industrial Service Center
* Plan Amendment 91-1 and Associated Rezonings
* Wendel Miller, Auto Facility (North Federal Highway)
* LDR Text Amendment re Lighting Regulations Pertaining to
Sea Turtle Protection
* Modification to Capital Improvement Program to
Accommodate a North Federal Highway Sewer Main Extension
City Commission Documentation
Report of Appealable Land Use Items
April 8, 1991 thru April 22, 1991
Page 3
HISTORIC PRESERVATION BOARD MEETING OF APRIL 17, 1991:
No appealable items were heard by the Board.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#54/CCACT.TXT
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MEMORANDUM C j ~
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 23 1991
APPEAL OF PLANNING AND ZONING DETERMINATION
DATE: April 17, 1991
We have received an appeal of a Planning and Zoning Board
determination of similarity of use which allows consideration of a
"commercial boat loading area" as a conditional use in the Central
Business District. There is also an additional appeal regarding the
determination of parking requirements for a boat operation.
The appeal alleges that the Planning and Zoning Board improperly made
a determination that a "commercial boat loading area" is similar to
other allowable uses in the CBD. Further, the appeal alleges that the
method for computing required parking spaces was improper.
The Commission must determine if the Planning and Zoning Board acted
in error with respect to the determination of similarity of use. If
it is determined that they did, then a commercial boat landing will
not be permitted in the City as it would not be an allowable use
in the CBD and there is no other commercial zoning along the
Intracoastal Waterway. Alternately, the Commission may wish to
formally establish the use and enact an ordinance adding it as a
conditional use within the CBD.
As to the parking requirements, the reference used for arriving at
the required parking for this project was the Land Development
Regulations Section 4.4.13 (G)(l)(a), which provides:
"The parking required for the creation of new floor area shall be
at the rate of one space for each 300 square feet, or fraction
thereof, of floor area in addition to the replacement of any
previously required parking which may be eliminated."
A detailed staff report, along with the letter of appeal and attendant
attachments, are enclosed as backup material for this item.
1/23 ~
of; f7v1
, ,~
C ~ T v COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
d\~
~~~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991
APPEAL OF DETERMINATION OF SIMILARITY OF USE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a determination of similarity of use made by the
Planning and Zoning Board which allows consideration of a
"commercial boat loading area" as a conditional use lD the
Central Business District zone distrlct.
An additional appeal has been filed regardlng the
determination of parking requirements for a boat operation.
BACKGROUND:
The appeals have been filed by Dominic A. DePonte.
Cruise Boat Operation: One appeal alleges that the Planning and
Zoning Board improperly made a determination that a "commercial
boat loading area" is similar to other allowable uses in the CBD
Zone District. His argument is based upon improper information
being provided to the Board by the Planning Director. The major
claim is that there would be no use involving food consumed on
the boat. Please refer to the January 14, 1991, letter from
Stillwater Cruises to Mr. Handlesman which contains the wording:
"...with lunch available on board leaving at 10:00 a.m. ana
returning ..... . The Stillwater may operate also a dinnc~
cruise on Wednesdays, Thursdays, ...."
It later states: "Food shall be supplied by the I Canal StreE"t
Restaurant I (formerly the Bridge Restaurant) or by an outside
caterer."
Mr. DePonte provides information from a March 26, 1991, meeting
in which he (Mr. DePonte) alleges Stillwater Cruises stated that
they did not contemplate providing food on-board. At your April
16th work session, Stillwater Crui ses clarified his March 26th
comment.
City Commission Documentation
Appeal of Determination of Similarity of Use
Page 2
If the Commission rules that the Planning and Zoning Board acted
in error, then a commercial boat landing will not be permitted in
the City of Delray Beach as it would not be allowed in the CBD
and there is no other commercial zoning along the Intracoastal
Waterway.
Other options available to the City Commission to allow for such
a use to be established is to enact an ordinance specifically
adding the use to the CBD Zone District.
Parking Requirements: Section 4.4.13(G)(1) of the LDRs overrides
the parking requirements found in Section 4.6.9 and cited by Mr.
Deponte. Section 4.4.13(G)(1)(a) provides:
"The parking required for the creation of new floor area
shall be at the rate one space for each 300 square feet, or
fraction thereof, of floor area in addition to the
replacement of any previously required parking which may be
eliminated."
The above sectlon is what was reported to the Board and is the
only basis for determining parking requirement needs in the CBD.
RECOMMENDED ACTION:
By motion, rejection of both appeals as entered by Mr. Deponte.
Attachments:
* Letter of January 14, 1991, from Stillwater Cruises
* Appeal submission from Mr. DePonte
DJK/#80/CCDETERM.TXT
S JC E F~ FJl "I]~ ln~ ]~~
~llIUE S:m~
. -- ---
BOYI1 to n (3 each, Florid a
734,8642 -
January 14 .tt~:~~9~\D)
Mr. Handelsman
840 E. Atlantic Ave.
Delray Beach, FI .. ,.
PLANN\NG &. ZON\NG
Dear Mr. Handelsman:
Please let this letter serve as a follov-up to our previously
discussed proposal for operating the Stillwater sightseeing,
luncheon and' dinner cruise boat from your vacant parking lot
at 840 E. Atlantic' Ave., Delray Beach.
PROPOSAL .-
(l)jStillwater sightseeing cruises will berth and operate one ( 1 )
United States Coast Guard approved, 150 passenger, 65:foot,
double deck replica character type steamboat eorm the affore-
mentioned address. The vessel will carry;"passengers everyday
north and south on the Intracoastal Waterway ~or scheduled
sightseeing cruises with lunch available on board leaving at
10:00 a.m. and returning back to its berth in Delray at 3:00p.m.
The Stillwater may operate also a dinner cruise on ~ednesdays,
Thursdays, Fridays and Saturdays. The dinner.cruise viII leave at
7:09 p.m. and return at 10:00 p.m. A slightly cut~back
schedule may occur during off-season months.
(2 ) CLIENTELE ON BOARD
Families, tourists, group functions, wedding parties, business
meetings and. retirees.
( 3 ) FOOD
Food shall be supplied by the "Canal Street Restaurant"
(formally the Bridge Restaurant) or by an outside caterer.
(4) TICKET OFFICB
A small area at the east end of the parking lot shall be set
aside for a small ticket office. This ticket office does
not require toile~s or plumbing only ~lectric .to it.
. . . ,
. , '.
f . .. ., .
. . . .,
.
.
.
5 ) HOORING AND OERTn
The vessel shall berth directly east of the parking lot and
just south of the "Canal St.reet Restaurant". The bo\{ of
the vessel ....ill face north., the stern south, lIith the port
side against fenders along the sea....all. When' leaving,
the vessel will back astern to the south a....ay from the Atlantic
Ave. bridge. When returning the vessel will again approach
from the south. The vessel.....ill have it's o....n. gangplank for
boarding and un-boarding of passengers. The need for
construction of a dock is not needed for this operation and
thus not requiring permitting. A small area of vegetation
(not Hangrovel) will be trimmed back for gangplank use.
6) BOAT REPOSE
. .
The two dumpsters that supply the restaurant shall also
accommodate the boats refuse. .
. .
For fur ther discuss i on on th i s proposa 1 you may reach me at
telephone 407/ 496-3858 or 407/734-8642.
Sinc~ ~~
W ~/.# .~ -'
~Pt. Dane L: Hark
Stillwater Cruises
3400 Lakeview Blvd. .
Delray Beach, Fl 33445,
.
.
. .
, .
.
.
, ,i
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!:" C1 rr ~ r, : ',--' .ll. . DeP0r.t~
=-=======.=:=~=~~===~=======:-==================~=============~==~~
========~========================================================
1401 \ 218-39'3
( :3 0 :- \ 7'3~-"lc("h
April 8 , 1991
~
Mrs. Ali30n Mac Gregor-Harty 1991
City Clerk APR 8
Citv of Delray Beach
- ~_'\MG&ZOMIN'l
100 ~.W. 1st Avenue
Delr'3Y geach, F'lorida 33444
, ,< ; ......-... ... ~. . ~."..I.-M4:-"
Re: Appl ~c::,:qt ion f \) r Conditi0nal Use t\pprov,l .:-. .
to t:~e Zonin'l and D 1 '. 90ard of
. ~ ann 1 nJ
of Delray Beach.
Location: Palm Square, Boat Ticket Sales Office.
Applicant: C'oastal Properties
Dear Mrs. Harty:
r herF~by respectfully submit my Notice of Appeal and the Appeal
process action to the City Commission of Delray Beach from action
taken by the Planning and Zoning Board of Delray Beach, Section
2 . 4 . 7 ( e ) by providing the following information:
1. The action which is being appealed is the action
taken by the Planning and Zoning Board in consequence
of an interpretation of "similarity of use" as set out
in Section 4.3.2(c)(2) made by the Director of Planning,
wherein a finding was made and an interpretation submitted
and recommended for action by motion to the Planning and
Zoning Board that the use of "commercial boat dock" as
being similar to other allowed uses in CBD Zone District
as follows:
a. Restaurant use and the attendant parking
requirements thereof;
b. Place of assembly for commercial entertainment
purposes.
==~:=============================================================
=================================================================
24 MARINE WAY, DELRAY BEACH, FLORIDA 33483
PAGE TWO
S~id findings and interpretation were based upon a certain
statement of facts and these facts were reliei] upon 3S
truthflll C1nd accur~te by the Planning and Zoning Board,
Historic Preservation Specialist and Community
Redevelopment Agency; and in consequence thereof, the
Planning and Zoning Board acted favorably on the
recommendation.
Whereupon, by said action of the Planning and Zonina
board, the use of a "commercial boat dock" was permitted
CBO Zone District and an application for conditional use
approval was permitted to be filed with the Planning and
Zoning Board, when in fact that particular use for a
"commercial boat dock" is neither identical to the uses
permitted in said CBO Zone District nor does it have any
similar characteristics to the allowable uses in said
CBO Zone District.
2. On October 31, 1991, David J. Kovacs, as Director of the
Department of Planning and Zoning, responded to a letter
from Digby Bridges dated October 16, 1990, seeking
permission to operate a Pleasure Boat on the intracoastal
waterway, see Exhibit "A" attached. Mr. Kovacs made a
finding in accordance
with the power vested in a Director in Section 4.3.2(c)(2)
that the requested use is not identical but has similar
characteristics to allowable uses. In his staff report
to the Planning and Zoning Board on November 19, 1990,
Mr. Kovacs stated as follows: "I feel that the
[contemplated) use is similar to other uses such as:
restaurants (B)(3) and places of assembly for commercial
entertainment purposes (0)(14). " See attached Exhibit
"B", Kovacs letter dated October 31, 1990; and Exhibit
"C", Memorandum Staff Report for November 19, 1990
Planning and Zoning meeting.
The Planning Director made his findings, set out above,
based on the disclosures made to him in said Exhibits
"A" and "0", wherein a description of the use was
set out very clearly by the applicants and its agents
and representatives, and a copy of said Exhibits "A" and
"B", were sent to the above listed agencies.
PACE 'r4REE
However, there was no mention of food being cooked or sold
or provided in any manner, on said cruises or pled3ure
boat rides in ~ither of these letters. Nor was there food
mentioned in the Application for conditional use f i 1 e ,j h"
~.!
applicant following the action of the Planning and Zoning
Board; see attached Exhibit "0". What then was the basis
for the finding of similarity of use of a restaurant if,
in fact, there was no food to be provided as was recently
discovered?
l. The findings and interpretations submitted to the Planning
and Zoning Board, Historic Preservation Board, Historic
Pr eservat i on Spec i a 1 is t and Commun i ty Redeve lopment Agency
were made based upon:
a. Misinformation or erroneous information, or mistaken
- information on the purported use of a "Commercial
Boat Dock" with characteristics similar to a
"restaurant" which was misleading to persons relyinG
on Director's findings and interpretation
and recommendation. A statement set out in the
Director's report merely identified a "restaurant
use" with no elaboration. The average person would
reasonably assume "food" would be served when the
term restaurant is used, mainly because of the basic
definition of the word.
b. Mistakenly quoting out of context, the language set
- out in Section 4.4.13 (0)(14) to a description
as
of the use permitted for places i ASSIh1()l.y for
Commercial Entertainment purposes in said section
with characteristics similar to a "Commercial Boat
Dock" which was misleading to persons relying on
Director's wording of his findings and subsequent
interpretation and recommendation.
c. In the discussion and deliberation about the parking
- requirements for the uses, the Director and
consequently the Planning and Zoning Board only
considered the restaurant use parking requirements
and mistakenly or by over-sight did not consider the
parking requirements for public assembly use in
CBD and CF Zone which was being incorporated into
said parking lot.
In ~each case above where mistake is referred to , it is
to~~~ued that if, in fact, it was not a mistake, then
th~other logical reason or basis for making a
findings or interpretation,based on the lack of proper
and correct facts}would be fraud and/or deceit. I
respectfully suggest, in each instance, that I prefer
PAGE FCUR
to assume that a mistake or over-sight was made; but I
feel I must quote each of the legal basis for
Appeal.
The basis ror ,'in Appea l, then in each of these above instances, i :3
-
that the law is very clear that any findings or decisions based I:,n
mistake, fraud or deceit, as in this instance, vlz. being
discovered and supported by the new sworn testimony of Captain Dane
Mark on March 26, 1991, and other evidence to be set out in detail
Infra, is voidable.
In all cases of mistake, fraud and deceit, the "time" for a right
of Appeal or course of action does not start to toll except from
the date of the discovery of the mistake, fraud or decei t.
Appellant, therefore, has a current right or
appeal for a hear i ng.
As to the matters set out above, the following evidence and legal
support for each argument is set out for p.ach item as follows:
(a-I) At a recent City Commission Meeting on March 26, 1991
- Captain Dane Mark, who is the owner of Stillwater
Cruises, testified that it was never contemplated by
him to provide food on the pleasure boat ride from its
inception. A copy of the tape of his statement is
available at City Hall and marked Exhibit "E". The
statement made by the Captain was consistent with
the description of the proposed operation set
out in Digby's letter, Exhibit "A"
zoning and application, Exhibit "0", wherein no
reference was ever made as to providing
food. The fact is that the use was never contemplated
to provide food from the very beginning. And
furthermore, the Captain stated very clearly that
his operation is totally separate from the restaurant.
He stated " I want to clear up an erroneous story. "
A one year lease has been entered into with Stillwater
Cruises to operate the "Pleasure Boat" or "Cruise
~". Captain Mark, as owner and operator of the
boat, would be the main person to know if food is
going to be prepared or sold or provided on the boat.
He would, by necessity, have to plan for appropriate
staff, heating facilities or cooking facilities which
do not exist on his boat, plumbing for washing dishes,
disposal facilities, people to distribute food,
hot/cold, even if catering was planned, (which was
not), etc. Captain Mark clearly, unequivocally, stated
at said meeting that "no food was planned to be
provided on the boat. "
PAGE FIVE
Query, where did this notion of food come from as or
the date of finding, interpretation and deci.sion of
November 19, 1991???
At the November 19, 1991 meeting,no members or th~
Planning and Zoning Board asked any questions about
food, presumably because they relied on the good raith
or the Director's rindings. Clearly a Proressional
Director who states a restaurant use, understands <) r
should have understood the reasonable perception this
connotes to the average person and Board Member.
If the Director was mistaken as to food being served,
then the resulting action was voidable because the vote
taken by the Board was based on: mistake and
misleading information. If the Director knew there was
no food to be served, hypothetically then, it would
appear that he would be guilty of a fraudulent and
deceptive use of power entrusted to him by the
Regulations, but I like to believe it was the former.
The tape recording of the November 19, 1990 meeting,
relates that Mrs. Aleida Riley, a resident of Palm
Square, who attended the meeting, asked the question,
"what type of food and drinks will be served?" The
Director immediately intervened, did not answer the
question, but changed the direction of the conversation
and never did return to answer the question. ( I invite
everyone to hear the tape. )
In the light of Captain Mark's remarks about an
"erroneous apprehension of his relationship with the
Canal street Restaurant "and" lack of food on his
boat~ we can assume that the Director either made his
own inference about food being served for "dinner
cruises" from publicity or otherwise, and thus
was in error and made a mistake; or k now~ there
was no food being served and thus his findings
were made for reasons of deceit and fraud. I
prefer to think the former is true.
Without "food" being associated with a "Commercial
Boat Landing" activity, there is no conceivable way
that a similar characteristic of restaurant use could
be found for a "Commercial Boat Landing", or "Cruise"
or "Pleasure Boat Ride" or Sales Ticket Office"
PAGE SIX
(A-2 ) A "Dinner Cruise" would have been a link to a similar
- characteristic to a restaurant, but the boat had no
Qalley nor did operator intend food to be served.
furthermore, Appendix "A" of
the LOR provides a list of definitions which includes
"Restaurants" and describes it as "An establishment
where food is prepared and served for pay,
primarily for consumption on the premises in a
completely enclosed room under roof of a main
structure or in an interior court. "
So lacking food being preDared or served, there is
absolutely no way that this Pleasure Boat Cruise Ride
could have any characteristics similar to a restaurant.
In total frankness and fact, the "Dinner Cruise" W,3S
a myth!
The basis of an appeal, in this instance, is that the law is very
clear that any findings or decisions based on mistake, fraud or
deceit, as in this instance, being discovered and supported]b:Y the
s wo r n testimon of Captain Mark Iv\' ~ U\ 24- 1991, and subsequent
lnvestiqation is voidable. In all cases 0 mistake, fraud and
deceit, the "time" for a right of appeal or course of action does
not start to toll except from the date of the discovery of the
mi s tak eJ fraud or deceit, to wit; April 2, 1991. Applicant
therefore haS a current right of appeal for a hearing for ten
working days from April 2, 1991.
As to the matter set out in ( b)
supra, the following evidence and support thereof is as follows:
(b-1) Section 4.4.13 (D)(14) is relied upon by Planning
- Director as another use with similar characteristics.
He recites in his report that the Commercial Boat
Landing is similar to "places of assembly for
commercial entertainment purposes" I purporting thereby
to properly and completely quote the above section. But
I submit, to you that these words were taken out of
context and applied improperly. Section 4.4.13(D)(14)
provides specific uses to be permitted as follows:
"0(14) Playhouses, Dinner Theaters, and Places of
assembly for commercial entertainment, e. g.,
concerts, live performances. "
The Director improperly quoted and interpreted this
this section by mistake, fraud or, deceit. I
prefer to think i.t was mi.stake.
PAGE SEVEN
To take this paragraph in its full text and
using proper legal interpret,:lt ion and legal
construction of the text of the language in
the Zoning Ordinance, the use "must be simi lar tn
Playhouse, Dinner Theater, viz arts and concerts
concept, etc. ; And because of the use of "p.g.
(Exempli gratia") which literally means "For the
sake of an example" - this example then gives us
further narrow guidelines and definition for
interpretation of that category. It requires that
any interpretation of a commercial entertainment
nature is to be like a "concert or live
performance. . " as opposed to music generated from
tapes or radio as provided by THIS cruise boat.
-
-
There is no way that the intent and purpose of
this Ordinance includes a "Commercial Boat Landing"
and "Ticket Sales Office", - nor any similarity
to it!
Lacking any similarity of a Playhouse, Dinner
Theater (we now know there is no food to be
provided as set out in (a-l) above) and places
of assembly for "concerts" or "Live" performances"
in a "Pleasure Boat Ride" or Cruise, the assumptions
made by Mr. Kovacs are mistaken and incorrect.
Again, I submit that Mr. Kovacs either made a
mistake, or if he knowingly took words out of
context, it would be fraud and deceit. I prefer
to assume the former, again.
And the same conclusions of law would apply in this
instance, as previously set forth which would permit
a right of appeal ten working days from April 2,
1991.
(C-1) The "restaurant use" enabled Mr. Kovacs to tell the
- Board that with respect to the parking requirements
issue, CBD has special parking requirement of 1 space
for each 300 square foot of space on the boat which
equals iQ parking spaces requirement for the
applicant-to provide. When a few Board members
stated their shock and surprise and lack of
.
PAGE EI(:;HT
unde~standing as to this requirement. The
DireC"trH informed them that "this low CBD requirement
of parking was done to encourage restaurants to Come
to De1ray - let's not scare them away. "
This interpretation appeared to be "very" helpful to
the Applicant's cause because of the limited parking
area space available to them. And yet, neither the
Director nor Mr.Digby Bridges nor any member of the
Boar<i made the observation that the other "purported"
similar use was for "public Assembly" for
entertainment had its own parking requirements were
not "discussed" or considered. Pursuant to
Section 4.6.9(c)6(a), parking requirements, where ,~'n
public assembly, sets out 2 formulas to be applied:
( 1 ) . Regulations require .3 of a parking space for
each seating space viz. 150 divided by 3 = 2Q spaces
required; or ( 2 ) one space for each 50 square
ft.viz." 3,000 divided by 50 = 60. The code further
provides "whichever is greater"!
So that a minimum of 60 parking spaces is required
for public assembly use even with proposed CF zone.
But we all know that Applicant can't provide for
these amount of spaces at this location. They don't
have sufficient land area even with the CF land.
The 60% reduction as suggested by Mr. Bridges, in
said tape and the Director's staff report, Exhibit
"c" as done in Boynton Beach, is not a reasonable
solution in this particular instance. Unlike Boynton
Beach, this plat adjoins residential property to the
"West" and "South", and bounded by the Intracoastal
Canal on the "East". This is not the case in Boynton
Beach. Their's is totally surrounded by downtown
commercial zone district. If this plat was on the
corner of Atlantic Avenue and Route It 1, as similar
to Boynton Beach, you then justify this adjustment
approach because of other available downtown parking
spaces----but not in this instance! The Applicant
should have been told of these parking requirements
in addition to the supposed "restaurant use" --
another incident of mistake or fraud or deceit. I
prefer to think it was a mistake or over-sight.
T"M 's \ S ,....... 1>11>1 0.,,, e '""lil! N 'Y OV HA\I a A ?V(3~,c As J~AlIJL'I
\..tI,,,,,,"~\4 I.A"Y c.O"'L~NrM,..O/l) ..f- PAll'..,,..,, IJ S I Fvn. l^'~ 'Pf.AFeRM4"tt
o(1.I,oIC.'PUCf ~ lJSE.' ~
PAGE NINE
4. The relief being sought based on (a) above, is to di7qua~ify
t~e Zoninq application Eor a conditional use o~ app1ication~
d t th' fact that the contemplated "Commercial Boat DOCK
ue 0 e D' t 't Th
use then would not be permitted in a CBD Zone is rlC. ~
Application of Coastal Properties should be deemed,null and
v~id as an unpermitted use and contrary to the Zoning
regulations of the City of Delray Beach.
Furthermore, relieE can also be sought for (b) above.
inasmuch as it is an unpermitted use, but also(('") r1~rn.q the
'I'> -
parking requirement of a public assembly, 60 parking spaces
would be needed. However, the property cannot providp
the needed space to permit that many cars, therefore the plat
cannot qualify for this use.
S. The name of the applicant is Dominic A. DePonte, a property
owner who resides at 24 Marine Way, Delray Beach, and whose
property is located within 200 feet of applicant's property
and is seriously aggrieved thereby.
Thp applicant, as a near-by property owner, feels the illeoal
use, if permitted, would be detrimental and adversely affect
the nearby public appearance in an Historic District, and
comfort and convenience of the neighborhood which would be
congested with traffic and safety on the Intracoastal
waterway in the vicinity of his property. Every cruise boat
landing located in Dade County, Broward County and Palm Beach
County are all located contiguous to and part of a commercial
complex and not part of or adjacent to a residential area.
I find it incomprehensible as to why this cruise boat would not be
more logically docked on the north side of the Atlantic bridge. I f
the actual intent of the boat is to stimulate activity in the
downtown Delray area and to induce people to utilize other adjacent
facilities in the downtown Delray area, this would be a pr i me
location. In addition, this location would resolve most of the
inherent problems, ie., parking, traffic congestion, seawall
condition, p r (') x i m i t Y to b rid g e .... . . " '*' M' ~"" T ~\f5',.J 1-I&.l..1' F'NhNC.IA-I.. WNS
01' ,. ~E: ""I..A.rTIc.. 'PA"I~\OM ""'11. Co")oJ (h. I! Aa.L'1 l!.t\\..~\... FRo",,", T"~I$ Abbtb ~~~\(. ,I! I
T"'~ 0 "3'"Ic:..T"L~N ' s: NOT TO ,..... E So.qr U ~l: ~lJ'T ~ I~.s L.O cs../c:....~ 4-C>> C-1-'-'O^,' .
I shall awa i t to be advised of the time and date of a hearing for
this Appeal.
Respectfully Submitted,
iJ~t1Mk
Dominic A. DePonte
24 Marine Way
Delray Beach, Florida 33483
DAP/ram
Enclosures
EXli) gJ ("A;'
Digby Bridges, Marsh & AsSOcIates, P.A.
124 N,E. 5TH AVENUE, DELRA Y BEACH, FL 33483 ..
407-278-1388
--,.- -_. ------------------- ---
,I . -._--- -- -- .------..------.-- ------. --- .-
-.. .___h__ . __ ________________..._____.___._.______._.___ __.... _
j...~: ----.-----.--------. - - ._-- ---- -- -- - -
------_._--------_.._-------_.~--.__._--_.- --- -..
-' ._-- ----------- ------, ..----.-.-.-- -- - - ,
-- ---- - --- ---- .-------------.--- -- ...- --
c. --, --- --..---- -- - ---._- ---- . - --
. - _". . _"0 _______'_____'H ,-,- -----'r?=17,l~I"~~-
16 October 1990 ~~\\.,;""J .:.:.; :,~'
\~. ~
\JeT ~. ~ hjO
City of Delray Beach r.)\ \:\""'JG &. ZO:\~::';u
Attn: Mr. David Kovacs I ....M..I ~d.
Planning & Zoning Departmen~
100 N. W. 1st Avenue
Delray Beach, FL 3 3 4 4 .1 -
--- -,
Re: ~ leasur~_~BOa,~~)T icke t Sales Office & t'\t te:-.da:1t Pilr~i;--.] .;:e.3.
-- . -. - ----
Dear David:
He are writing to request clarification and rulings in '..;r ~ ting on
the following property 0:1 how tc ascert3in for ou:: clier:.t tre use
of this property as a b~si!1ess fo:: the following, or i:1 f ilC t now
for any business now 0:'. said property. This later request is due
to the fact of rew.oval of attendant parking in R.H. zoning.
He wishes to place a small ticket office on
attendar:.t parking so that he can operate a small-,
and down the intracoastal waterway, and before inv
lot of expenditure \o/i th drainage dra\V'ings e tc. , we would lU:e
V~ clarifications and confirmation of various items as we re~d t~e
cp~ code. Enclosed is a sketch plan of ho~,he would like the site laid
;(~ out, and a survey with all relevant infor:nation inc.icatec. \';e are
~~_o- requesting all of this as we believe the intent of the new L.D.R.
\ '.vas to enable a c lien t to ascertain the use of their pror-ertj'
without a large amount of expense. ~
As we have mentioned, this business would operate a leasure boat,)
seating 150 peopl.~ , and' would take the people U[) Ur.l_ I,.,..,._W l -ET€>
intracoastal. This number 0: people coming to the 'Jo~~~"'-.l t -: ~.ln ere""
can only be good, as some will come early and will browse the ar~a
shops, a'1d some will after the cruis~ do the sane. 'I~is c,;:: C~ ly
help the area at the .;tlan tic Plaza and the Do'..;r. to..vn ar.:a as d
",-hole.
He understand that this boundary line for the C.B.D. district runs
east west between lots 91, 58 and lots 57 and 92; lots 91 and 58
being zoned RM.
.
The position und~r the new L.D.R. is that lots 91'and58 would have
1',\ to be rezoned C.B.D. if they~were to be used ,for parking as
indicated on the sketch site plan. These two lots would also have
to hav) land use change. As"'we understand the .position, this
process ould take until approxi~ately~September of 1991.
.
...'
~ . (-.{I'('... " .,.,,":':, _ -',r 1\\):-'.\ - :\-....1r"(I/.I.).:, ','.',
Cr-IS ,/...J J. ':. "\;,"~' ".,..;: ,.., "~"'"', I , "
~1~k.J. ("\~. ,~ . - -, - '
, A-Z
.
Pleasure Boat Ticket Sales Office
16 October 1990
Page 2
It does seem to us under the new L.D.R., that two unuseable lots
(91-58) have been created, (1) the minimum lot width of 50' (2)
set-back requirements (3) the removal of R.M. being used as
dttended parking. Please could you advise on this point and a
solution to this matter.
Ne \-JOuld also like adv i se on the use in the C. B. D. dis tr ict, "that
,...... ~ is the operation of a Pleasure Boa t, v,i th its a ttendan t t-icke t
-:.vJo) ;.g~ office and parking", as this use does not seem to be allowed fo:-
......jl.\(\~J. in the L.D.R. as now in force. t'7e would like to request that the
C) ~Planning & Zoning Board look into this matter and see if such a use
~ is similar to any allowed at present, or if such a use could be
(~ incorporated into the code. As previously mentioned, we feel that
1.t,~~'1 such a business would be desirable to operate out of Delray as it
~ ),,-~ could only bring busi,ness to the Dovmtown area. We also feel that
~ J this use should be looked into and a determination made, as this
t type of business could be operated out of other sites in the
Downtown area should the board see it as a desirable one.
Should it be found desirable, we would suggest that the parki~g
t/1.C~l#d') calculations be addressed at the same ti~e. They could be co':erec
, under the present Restaurant parking requirement in the code, i.e.,
12 parking spaces for every gross 1,000 square feet of
building/boat. Maybe in the case of a boat, exclude the bridge a~d
engine room. In our clients case, his boat is 3,000 sq ft gross
and would require 36 spaces. However, we have a further suggestion
and that is the City of Boynton Beach has the following fo:-
pleasure/charter boats: one s?ace for every three per3ons. In its
Downtown area, 60% of that number is required. Once again ~~king
our clients boat as an example, the boats capacity is licensed by
,\..\ ~ the authorities for 150 people. Parking recuired: - 150 - 3 =}:!:./
't:- Ctle:/,.r;Jspaces: for Downtown area 60% of 60 = ~ spaces. so tn::.
~,\.a ,I ~ ~"-
~ As can be seen from the sketch site plan, we have enc~oachec cn t~e
~ property to the north. We have enclosed CCOi~5 of a ~etter fro~
~ the owner granting an easment over the sai~ ~2 'feet. However, we
would like clarification on how you would like this matter handled.
We also enclose copies of the Trustee's Deed for the said property,
.
A-?J
Pleasure Boat Ticket Sales Office
16 October 1990
Page 3 -'
This is such a complex situation that we feel we need from the
Planning & Zoning Department rulings and guidance on what the
position is, and what is the correct procedure and time constraints
on this property and its use.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, ~ffiRSH & ASSOCIATES, P.A.
~~.
Digby Bridges, A.I.A., R.I.B.A.
DB/jl
Enclosures
~
.
,
I
.
E:XHltS'l b/
)
[IVY DF DElRAY BEACH
~
. - . . . - . -.. :.- ~~..:....:~ ~;~ :~~ ;-(;':;
October 31, 1990
Digby Bridges, A.I.A., R.I.B.A.
Digby Bridges, Marsh & Associates, P.A.
124 N.E. 5th Avenue
Delray Beach, FL 33483
-
Re: Pleasure Boat Ticket Sales Office and Operation
Dear Digby:
The following information is provided in reply to your inquiry of
October 16th. You' have correctly identified that Planning and
Zoning Board consideration of "use" and parking requirements is a
prerequisite to other items. Accordingly, I have set the
following items on the Board's agenda of November 19th:
* Daternination of similarity of use re comrnercial
passenger boat landing in the C.B.D. [4.3.2(C)(2)]
--
(Recommendation will be that it be accommodated as a
conditional use) ,-
~
- -
* Determination of parking requirements for commercial
passenger boat landing. [4.6.9(C)(1)(d) ]
(Your suggestion of 1 space per 3 seats '.'; i th e. .s0%
reduction seems reasonable.)
,
r-Jith regard to the zoning issue, a privately owned parking lot is
i'.llowed as e. cor, i i t i 0 r, .1 '. us'''! i:1 the Community Fe.silities Zone
Jistrict [4.4.2~::;\ \<3) J. The C.F. zone district Qay be d22~e~ d
compatible zoning within the Medium Residential Land Use
Designation. Thus, a rezoning to C.F. can accommodate 'lcu~ ~2eds
,~ithout needing to process a land use plan amendment.
Code Section 4.6.9(E)(5) sets forth the requirement for off-site
parking agreements. Whether or not this section is applicable or
another method (cross access easement) is to be used should be
determined later. Whatever the solution is,' it can be
accommodated administratively.
.
T . .
, II ...
O<H )~)T S;.
To: Digby Bridges
Re: Pleasure Boat Ticket Sales Office & Operation
October 31, 1990
Page 2
In a separate consideration, the Historic Preservation Board has
reviewed plans for expansion of seating capacity at The Bridge
Restaurant. Those plans are physically impacted by the initial
design of your parking area. Also, I believe that the expansion
requires eight additional parking spaces which may also be
targeted for the pleasure boat landing lot. These two projects
need to be coordinated. In passing, the calculations on page 2
\./Ould show a need for only 30 instead of 36 spaces. Also, Kathy
Dearden and I have some ideas on the parking lot design as it
relates tc meeting code requirements.
Next steps: In addition to the itGms placed on the November.19th
agenda, it appears that your client would need to file for the
following:
* rezoning from RM to CF
* conditio~al use for a private parking lot in the CF ~~
* ccnditional use for a passenger boat landing in CBD.
All of the above can' be accommodated simultaneously with public
hearing by the Planning and Zoning 80ard and final action by the
City Commission. A traffic study will be required for
consideration of the conditional use reque3ts. The next
submission date is December 7th and that will result in the
p~blic hearings being held on January 28th and final action in
February.
The site plan for the parking area and ticket area woule be act2d
upon by the Historic~,Preservation Board. Site plan action mus~
fo 110\'/ adoption of the rezoning ordinance and approve 1 0 f the
conditional use requests.
By copy of this letter and your inquiry, I am notifying the
Community Redevelopment Agency and the Historic Preservation
Board of this situation and am seeking their comments with
respect to the determination of similarity of use and parking
items.
I
rdially, i
..
, ~~U~<h
David J. Ko acs, Director
Department of Planning and Zoning
. c w ltr:
'Pat Healy, Chairperson HPB
Pat Cayce, Historic Preservation Specialist
Frank Spence, Director, C.R.A.
Ron Hoggard, Planner III
Kathy Dearden, Planner II
· Jasmin Allen, Planner I
Project File
_ j.i. ..z XH //5/1' e. ;
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
z.Y~ - t.'(9V -- I
, - ~
MEETING OF: - ~NOVEMBER "9;"':"199/0 _ _ , d
AGENDA ITEM: .v. B. ..~=~~~r,~~~~~.S..;}><>.C~~_~g ,":1~...~~e .:.CB:D .-
."...,...~
ITEM BEFORE THE BOARD:
There are two items before the Board. The first is that of
making a determination of similarity of use which is
governed by Section 4.3.2(C)(2) - Page 4.3.3.
The second is determininq parkinq requirements for -a use
which is not listed. Sectio~ 4.6.9(C)(1)(d) applies - Page
4.6.31.
BACKGROUND:
These items are be~ore the Board in response to a reClues t by
Digby Bridges for clarification and interpretation of the COd9 as
it applies to a commercial boat landing. Such a use is not
currently addressed in the Code. Please see his letter of
1 .
October 16th for a full'descrlption of the proposed use. The~e
are several aspects to his letter and I have provided c:l repl y
(copy attached}. The two items on this agenda require action by
the Board in order for a formal application to be made.
ANALYSIS:
f
Deter~ination of Similarity of Use: Because the requested use is
not identical to other uses allowed in the CBD Zone District a~d
because I believe it to ba similar to other alloHed uses, the
request is placed before the BOilrd for a ruling pursuant to
Section 4.3.2(C)(2).
I feel that the use is similar to other uses such as: restaurants
(B)(3) and places of assembly for co~~ercial entertainme~t
purposes (0)(14). Further, ~ecause of its unique nature it seems
apprgpriate that it be allowed as a conditional, instead of; a
principal use. -
Establishinq Parkinq Requiremen~s: For uses not listed in the
list of parking requirements, such requirements shall be
established concurrent with site plan approval. Because of the
unique nature of the proposed use and the. limited amount of
parking area which is available, it is appropriate to establish
the parking requirements at this time.
Mr. Bridges puts forth an argument based upon one space per three
allowed passengers and then p=ovide that only 60% of that number
be required d~e to the mixed use aspects of a CBD - and with a~
· objective of being rr.ore flexible in order to acc:cl"tllodate dO'.mto'.m
development and redevelopment.
.... / I / ~~ . "'1-
P&Z STAFF REPORT
Boat Operations Docking in the CBD
Page 2
"'
-'
I note that - technically - the special parking requirements of 1
space per 300 sq. ft. of new floor area would apply. This results
in only ten spaces being required. It is clear that such a
standard is inadequate for the proposed use, and that during
deliberation of the conditional use request a higher standards
will be imposed.
, RECOMMENDED ACTIONS:
By motion, find that the use of "commercial boat dock" is similar
to other allowed uses in the CaD Zone District and that it is
allowed as a conditional use.
By motion, determine that the parking requirement for a
commercial b'Jat dock which involves passenger embarkation shall
be calculated at the standard of 1 space per 3 allowable
passengers with a reduction illlowed when a reasonable case is
presented with r~spect to the specific location of the use.
Attachments:
* Bridges letter of October 16, 1990
* Kovacs reply of October 31, 1990
REF/DJK#67/PZBOAT.T~T
.
,
r
i.
~
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.
----- -- - -- - --- ._"- -------.-
. E';(HJ brr DI
~p.P L-I CA T 1 ON':-fOR-SrT(~PLAr:prAP PR OV AL
....A P P L 1 CAT ION fOR, CON D I T ION A L -U S E-A P PRO V A L
E I T Y .400 f ,..-0 E L RAY ..:;;8 E A C H " f LOR I D,~
NOT I C E
In Sec. 30-21 and 30-22, paragraphs (C)(l) of the Delray Beach
Zoning Ordinance, the developer is encouraqed to meet with all
Department Heads and others who participate in the approval
process before proceeQing with a formal application fo r either
Site Plan Approval or Conditional Use Approval. The initial and
f in a 1 concept of a proposal's feasibility and accept<lbility
should receive preliminary approval from all parties referred to
prior to the preparation of working' plans and submission of a
fa rma 1 application.
Because of this Community's concern for its Beachfront and its
desire to protect and enhance same, all proposalS fa r this ~
geographic area must go through the preliminary revielll process as
-
referred to in the previOUS paragraph. There will be no
exceptions. This revielll process will be beneficial to all, the'
developer as lIIell as the City and its citizens.
.
10/a:f ' .
.
,
. E Xli ) g JT Dz.
(K) Describe in detail the proposed improvements and indicate
any phasing: It is proposed to place a boat sales ticket office with
attendant parking. . Th~ill be moved on the Intracoastal Waterway.
'-----'
It is the intent of the owner to have between 28 to 32 parking spaces
which it is felt would be sufficient for the size of boat beinq proposed
~ sail the--Intracoa~ Waterway~ The parkinq is to be developed in
~ -----
con 'unction-wttrr-trre-B~ge~estaurant lot to the north. At oresent,
thi~ parking lot to the north has 40 spaces. It is proposed to have a
rlprk nf qHn c:q ft t'lrlrlPrl tn thp "nllth nf thp Rri rigP Qpd.::lllr.:!nt Thic:
will rp(]Idrp 4 ::lririitinn~l r::lrldng c:p.:!rpc: Thic: lp::lv~~ 11 n~ thp 7~
soaces for the boat parkina.
( L ) State the reasons or basis for this conditional use and/or
site plan request and explain why this request is consistent
with good zoning practice, not contrary to the ~1 a s t e r Plan,
and not detrimental to the promotion .,f public appearance,
comfort, convenience, general welfare, good order, health,
morals, prosperity, and safety of the City. ______
It has been found by the Planning and Zoning Board that a~ sales.:'-
~t Off~. ,with its attendant parking for a boat that ~c'ruises the
n ~~stal Waterway is similar to the other uses allowea-rn=the
C.B.D. Bearing this in mind, it is felt by the applicant that this
conditional use should be granted as it is not contrary to the Master
Plan, and not detrimental to the Dromotion of Dublic aDoearance. comfort,
convenience, Qeneral welfare. Qood order. h~alth. morals. prosperity.
~
and safety of the City.
.
.
- 3 -
10/83
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 't~ - MEETING OF APRIL 23, 1991
CONDITIONAL USE APPROVAL/SHELL
DATE: April 17, 1991
This item was discussed at your March 26th meeting, at which time the
Commission continued the matter in order to allow traffic circulation
issues to be addressed. The request is for conditional use approval
for a major modification to convert an existing Mobil gasoline
station, located on the southeast corner of Atlantic Avenue and
Military Trail, to a Shell gasoline station/mini-mart/car wash
facility.
The original development proposal for this site included the
demolition of the existing service station and construction of six
dispensers (12 pumps), a 1,000 square foot convenience store and a 648
square foot car wash building. The redesign included upgrading of the
entire site.
Subsequently, modifications have been made which move the points of
access further away from the intersection, the number of pump islands
has been reduced, and the islands have been oriented east/west instead
of north/south. The resulting design is far superior to that
previously presented.
At their March 18th meeting the Planning and Zoning Board recommended
approval (6-0 vote) subject to conditions. At their April 15th
meeting the Planning and Zoning Board, unanimously, recommended
approval. A detailed staff report is included as backup material for
this item.
~~ tc QIJ~ QJ); ~ ~ filA. m~
71 J
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mOU.W ~ I}I~//) {jt:J71/}9 yES
fRnOoLPH , LlflKW I /}nOe€lVS -/YO
.
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I ,-' ',"'0
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID HARDEN, CITY MANAGER
~j~UOeL
FROM: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991
CONDITIONAL USE REQUEST - SHELL STATION AND CAR WASH
CONVERSION, ATLANTIC AVENUE @ MILITARY TRAIL
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 and its attendant sketch plan.
The project is the conversion of a Mobil Gasoline Station
located in the southeast corner of Atlantic Avenue and
Military Trail to a gasoline/mini-mart/car wash facility.
BACKGROUND:
This item was before the Commission in March at which time
concerns were raised about the intensity of the use and the
on-site traffic circulation pattern. After discussion, the item
was continued so that the Project Engineer and the City's Traffic
Engineer could address the traffic circulation problems and other
identified issues.
Please refer to the attached Planning and Zoning report for a
list of the issues and changes or resolve which has since
occurred.
In snort, the points of access have been moved further from the
intersection, the number of pump islands have been reduced to two
(still retaining six dispensers), and the islands have been
oriented east/west instead of north/south. The resulting design
is far superior to that previously presented.
PLANNING AND ZONING BOARD CONSIDERATION:
Since there were substantial modifications to the site
circulation, the Planning and Zoning Board reviewed this item at
its meeting of April 15th. The,~ review, at this time, was
limited to the redesign of the site. The Board forwarded, on a
unanimous vote, a recommendation to accommodate the revised
sketch plan.
City Commission Documentation
Conditonal Use Request - Shell Station & Car Wash
Conversion, Atlatnic Avenue @ Military Trail
Page 2
RECOMMENDED ACTION:
By motion, approval of this major modification to an existing
conditional use, as depicted in the modified sketch plan, based
upon the findings and recommendations as previously set forth by
the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of April 15, 1991
DJK/#80/CCSHELL.TXT
PLAMMING AND ZONING DEPARTMENT MEMORANDUM
TO: PLANNING AND ZONING BOARD MEMBERS
FROM: PAUL DaRLING. PLANNER ~~
DATE:
APRIL 11, 1991
RE: RECONSIDERATION OF MAJOR CONDITIONAL USE MODIFICATION FOR
GASOLINE STATION AT THE SOtmlEAST CORNER OF ATLANTIC
AVENUE AND MILITARY TRAIL
ITEM BEFORE THE BOARD
Reconsideration of the sketch plan which accompanied the major
modification of the Conditional Use to establish a gasoline station
with an accessory convenience store and car wash facility. A
revised concept sketch plan has been provided.
The property is located at the southeast corner of Atlantic Avenue
and Military Trail.
BACKGROUND
For full background information, refer to the Staff Report of this
item, which was prepared for the Planning and Zoning Board meeting
held on March 18, 1991.
At the March 18, 1991, meeting the Planning and Zoning Board
recommended approval 7-0 subject to conditions. On March 26, 1919
the development proposal was before the City Commission. Public
testimony was taken and the following concerns were raised:
- Inadequate stacking for car wash
Traffic volumes with and without car wash
-
- Inadequate on-site circulation
- Traffic generation concerns
- Water use of car wash
The City Commission continued the item for review by the City's
Traffic Engineer. Since a revised sketch plan layout has been
submitted we have brought the item back to the P&Z Board for further
review and comment.
Tf}: /d
P&Z Staff Report
Reconsideration of Traffic Flow on Proposed Mobil to Shell Station
Conversion (Atlantic and Military Trail)
Page 2
PROJECT DESCRIPTION
The revised proposal contains the same intensity of use, i.e., 1,000
sq. ft. convenience store, 648 sq. ft. car wash, and 6 pumps (12
dispensing position. The proposed Atlantic Avenue entry has been
moved eastward to position 140' from the Military Trail intersection
(94' was previously prov ided) . The driveway relocation is to
accommodate a revised internal layout which orientates the pumps in
an east/west direction in contrast to the previous north/south
orientation. The revised pump layout also accommodates the 6 pumps
in 2 islands versus the 3 islands on the original submittal. The
modified plan also includes relocation of required parking spaces,
vacuum, air, and water facilities, as well as an increase in
internal landscape area.
PROJECT ANALYSIS
With respect to concerns addressed by the City Commission the
revised submittal addresses each in the following manner:
Inadequate Stacking for the Car Wash
The previous submittal provided (6) stacking spaces for the car wash
facility. The revised site plan provides stacking space for 8
vehicles to the cross access driveway and 13 to the Atlantic Avenue
driveway. It is noted that only one-half of the cross access
driveway will be installed at this time with the balance to follow
upon redevelopment of the shopping center. No redevelopment of the
shopping center is anticipated therefore the full 13 stacking spaces
will be available for an extended period of time.
Traffic Generation Concerns:
This proposed site will increase traffic at the Military Trail/West
Atlantic Avenue intersection by less than one percent. This
percentage is considered to create minimal impact.
Traffic Volumes with or without Car Wash
The car wash itself is expected to generate a small increase in
traffic. This is because most people are not expected to enter the
site specifically for the car wash only. Patrons will enter the
site to obtain gasoline or food goods and receive a car wash while
on-site.
P&Z Staff Report
Reconsideration of Traffic Flow on Proposed Mobil to Shell Station
Conversion (Atlantic and Military Trail)
Page 3
Inadequate On-Site Circulation
The orientation of the pumps in an east west direction as well as
within 2 verses 3 rows has improved the on-site circulation. A
minimum of 160' (8 cars) per pump islands is now provided from
Atlantic Avenue while a minimum of 140' (7 cars) per pump island for
Military Trail is provided. This exceeds the County standard of
100' as well as the 100' previously provided from Atlantic Avenue
and 100' minimum from Military Trail.
Water Use of Car Wash
The Environmental Services Department has indicated that a typical
car wash with a recycle system will reuse at least 75% of its water.
During drought related water restrictions, car wash business with
recycle systems have been permitted to operate, while those without
were typically closed.
Overall Intensity:
Attached as Exhibit A is a summary of the last five gasoline
stations which have been redeveloped in the City. Per the exhibit
this site will contain one of the higher building coverage
percentages along with the highest increase in new pumps.
OTHER
Parking
The new layout provides a handicap parking space adjacent to the
convenience store. The parking space encroaches into the travel
lane between the store and the pump islands. If a car is getting
gas while someone is utilizing the handicap parking space, the two
way isle is reduced to approximately 10'. Therefore, the handicap
space must be relocated.
Cross Access
At their meeting of March 18, 1991, the Planning and Zoning Board
discussed cross access between the service station and the shopping
center to the east. The applicant agreed to provide the cross
access, but requested deferral of the improvement (i.e., bonding)
until the balance of the access was constructed within the shopping
center. The deferral of the improvement creates concerns of the
adequacy of monies provided now (i.e., inflation), entity
responsible for installation, as well as, future disruption of
circulation on the new Shell Station. In light of the above, the
improvement should be installed at this time with initial
redevelopment.
P&Z Staff Report
Reconsideration of Traffic Flow on Proposed Mobil to Shell Station
Conversion (Atlantic and Military Trail)
Page 4
Honconforminq Siqns:
As noted in the previous Staff Report the existing site contains a
large billboard. With the major modification of the site plan
removal of the sign is proposed. Pursuant to Section 4.6.7(H)(4)
this sign is a Nonconforming Class 1 sign and is required to be
removed by July 10, 1991 whether the use is established or not.
Conditions of Prior Major Conditional Use Modification
The following conditions were imposed on the Major Conditional Use
Modification when it was before the Planning and Zoning Board on
March 18, 1991. These conditions are still applicable to the
revised submittal:
1. Platting as a minor subdivision pursuant to Section
2.4.5(K).
2. Obtaining permits or exception letters from Palm Beach
County Traffic, Health Department, FDOT, SFWDD, LWDD, and
DER.
3. Submittal of revised Paving and Drainage Plans providing
the following:
* Relocation of the proposed trench along Military
Trail or verification from Palm Beach County as to
acceptability of the proposed location.
4. Submittal of a revised site plan providing:
* Cross access improvements to be provided at this time
with redevelopment of the gasoline station. The
current site plan notes the improvement as future
construction.
ALTERNATIVES
A. Continue with direction and concurrence.
B. Recommend acceptance of the revised site layout.
C. Recommend that a different layout be provided.
P&Z Staff Report
Reconsideration of Traffic Flow on Proposed Mobil to Shell Station
Conversion (Atlantic and Military Trail)
Page 5
RECOMMENDED ACTION
By motion, recommend to the City Commission that the revised sketch
plan be the exhibit upon which the modification is based.
REF/DW/SHELL.TXT
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P&Z Staff Report
Reconsideration of Traffic Flow on Proposed Mobil to Shell Station
Conversion (Atlantic and Military Trail)
Page 5
RECOMMENDED ACTION
By motion, recommend to the City Commission that the revised sketch
plan be the exhibit upon which the modification is based.
REF/DW/SHELL.TXT
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MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood
Dir. of Environmental ~es
FROM: Mark A. Gabriel, P.E.
Asst. Dir. of Environm al
Services/City Engineer
SUBJECT: SHELL OIL SITE
MILITARY TRAIL/WEST ATLANTIC AVENUE
DATE: April 9, 1991
Engineering staff has met with the representative's Engineer
to assist in addressing Commission concerns. These concerns
included the following.
0 INADEQUATE STACKING FOR CAR WASH: The submitted plan
provided six (6) stacking spaces. The site plan is
being revised by the applicant to increase this
stacking.
0 TRAFFIC VOLUMES WITH AND WITHOUT CAR WASH: A small
increase in traffic will result from the presence of an
on-site car wash.
0 INADEQUATE ON-SITE CIRCULATION: The previous plan did
not meet all stacking and circulation needs. Revised
plans are being prepared by the applicant which will
address on-site concerns.
0 TRAFFIC GENERATION: This proposed site will increase
traffic at the Military Trail/West Atlantic Avenue
intersection by less than one percent.
0 WATER USE OF CAR WASH: This office believes that a car
wash with a recycle system will reuse at least 75% of
it's water. During drought related water restrictions,
car wash businesses with recycle systems have been
permitted to operate, while those without were
typically closed.
~~
GL/MAG/gm
cc: DSMG
File; Shell oil site
file; a:glshel19
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 'IE - MEETING OF MARCH 26, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/SHELL
DATE: March 20, 1991
We have received a request for conditional use approval for a major
modification to convert an existing Mobil gasoline station, located on
the southeast corner of Atlantic Avenue and Military Trail, to a Shell
gasoline station.
The development proposal for this site includes the demolition of the
existing service station and construction of six dispensers (12
pumps) , a 1,000 square foot convenience store and a 648 square foot
car wash building. The redesign includes upgrading of the entire
site.
At their March 18th meeting the Planning and Zoning Board recommended
approval (6-0 vote) subject to conditions. A detailed staff report is
included as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~~~~~d\'"
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
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 southeast corner of Atlantic
Avenue and Military Trail.
BACKGROUND:
This property was recently annexed to 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.
Please refer to the P&Z Staff Report for further discussion and
analysis of the project.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 18th at which time a duly noticed public hearing
was conducted. Jack Kellerman spoke and noted that previous
attempts to have a car wash at this location were rejected by the
County.
Following the public hearing, the Board unanimously (6-0)
recommended approval based upon findings and subject to
conditions as set forth in the staff report with a modification
to condition #2 whereby improvements associated with a cross
access situation not be required until such time as the cross
access becomes a reality.
City Commission Documentation
Conditonal Use Approval/Mobil To Shell Conversion
Page 2
RECOMMENDED ACTION:
By motion, approval of the major modificatlon to the Conditional
Use for the gasoline station at 2970 West Atlantic Avenue
pursuant to the findings and conditions as recommended by the
Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of March 18, 1991
DJK/77/CCGAS.TXT
.~_...._.. .
PLANNING ,& ZONING BOAriD
CiTY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: MARCH 18, 1991
AGENDA ITEM: ' ' III. E.
I
CONDITIONAL USE REQUEST FOR MAJOR MODIFICATION TO AN EXISTING GASOLINE STATION,
ITEM: SHELL STATION LOCATED AT 2970 WEST ATLANTIC (SE corner of Atlantic & Military)
J l lLttttti:j
A TLANTIO AVENUE
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N
ucNERAL DATA:
Owner...........................Ralph Nichols c/o Delta Petroleum
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . William Duffey
CO.F. Consultants Inc.)
Location........................The Southeast corner of Military
Trail and West Atlantic Avenue.
Property Size...................O.938 Acres
City Land Use Plan..............General Commercial
City Zonin9.....................GC (General Commercial)
Adjacent Zoning.................The subject property is bounded
on the South, North and East
sides by property that is zoned
PC. Land to ..the West of the
property is presently Unin-
corporated. 'It is proposed as GC
with West Atlantic Annexation 13.
Existing Land Use...............Gasoline Service Station
Proposed Land Use...............Self-Serve Gasoline Facility
Water Service...................12" water main alon9 Military
Trail, and a 8" water main alon9
Alantic Avenue.
Sewer Service...................Sewer is available from the
shopping center to the south. III. E.
ITEM BEFORE THE BOARD:
The action 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. A concept/sketch plan is accompanying the request.
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:
The existing gasoline station was approved and built while the
property was under County jurisdiction. The property was annexed
into the City on December 12, 1989 (West Atlantic Annexation No.
2) , via Ordinance No.67-89 with a GC (General Commercial) zoning
designation. During the changes in the zoning map associated
with the adoption of the LOR's the zoning was changed to PC
(Planned Commercial). This designation was applied to this parce.
because it was considered a part of the adjacent shopping center.
However, the parcel is described by metes and bounds and is under
separate ownership.
The PC (Planned Commercial) zoning district contains the
following language under Section 4.4.12 (F)(2):
"The minimum lot size for new PC developments is five acres"
and "Any free standing structure shall have a minimum floor
area of 6,000 sq. ft."
On February 7, 1991 immediately after submittal of the Conditional
Use and Site Plan development proposal, the applicant requested
relief from the above requirement. Pursuant to Section 2.4.7
(F)(2)(a) a Special Advisory Board has been created and upon a
unanimous vote can place before the City Commission any
provisions of the LOR's, including designations on the Official
Zoning Map, which in it's judgement were inappropriately or
inadvertently changed or approved. The Special Advisory Board
reviewed the applicants request for relief and determined the
item was eligible for special consideration. A correcting
ordinance changing the zoning designation from (PC) to (Ge) was
before the City Commission on first reading on February 12, 1990
and received approval at second reading on February 26, 1990.
Within the GC (General Commercial) Zoning district gasoline
stations are allowed as conditional uses.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 2
PROJECT DESCRIPTION:
Currently the site contains a Mobil gasoline station with 4
dispensers (8 pumps) along with a 1,500 sq. ft. free standing
structure containing 2 inside repair bays and an office. In
addition, a roofed area extends from the structure's east side
and functions as an outside repair area.
The proposal before you involves demolition of the existing
station and construction of 6 dispensers (12 pumps), a 1,000
sq. ft. convenience store and a 648 sq. ft. car wash building. The
redesign will include upgrading the entire site.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These 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 Gasoline Station use is allowed in the GC (General
Commercial) zoning district as a Conditional Use. The GC
zoning district is consistent with the General Commercial
Land Use designation on the Future Land Use Plan.
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. For sewer and water, concurrency shall
mean that direct connection to a functioning municipal system
is made. For streets (traffic), drainage, open space (parks) ,
and solid waste, concurrency shall be determined by the
following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 3
Water:
Water Service exists to the site via an extension from the 12"
main located along the east side of Military Trail. This
development proposal must dedicate 16' of additional right-of-way
for Military Trail. Upon dedication the existing water meter
will be located within the right-of-way. Relocation of the water
meter to private property is required and is proposed.
The nearest fire hydrant is located approximately 55' from the
east property line within the adjacent shopping center. The
Fire Department has indicated the existing fire hydrant is on
private property and unless cross access is provided between both
parcels at this time the minimum spacing requirements will be
exceeded. Therefore, a fire hydrant is required at the southeast
corner of Atlantic Avenue and Military Trail. A fire hydrant is
proposed for that location.
Sewer:
Sewer Service is proposed via a connection into the 8" main
within Military Trail. The revised submittal shows a 6" service
lateral extending west to a monitoring manhole to be located
along Military Trail. A new 6" main is proposed extending south
to connect with an existing 8" main which extends under Military
Trail. The proposed 6" section of main must be indicated as an
8" main. Revisions to the Sewer and Water plans is required.
Drainage:
Drainage is accommodated on-site via exfiltration trenches. The
following technical item is noted;
A French drain is required in the Military Trail driveway at
the ultimate right-of-way line. The development proposal
provides the trench at the current right-of-way line. The
trench drain may only be located in the right-of-way by
approval of the County. Relocate French drain or provide
verification of approval including identification of who
will be financially responsible for the relocation of the
trench with the widening of Military Trail.
Streets and Traffic:
The development proposal results in an increase of 522 trips per
day over the existing use. Pursuant to Palm Beach Traffic
Ordinance a full traffic study was required and has been
submitted. No off-site improvements are recommended in the
traffic study. The intensity increase of this magnitude at this
highly commercialized intersection should have minimal impact.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 4
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.4(E) and Section 4.6.16(H)(3)(perimeter requirements), and
Section 4.4.21(H), Section 4.6.16(E)(Internal landscape
requirements) as well as Section 4.3.4. (H) (6) (b) (Special
Landscape Setbacks). These requirements must either be met or
I appropriate waivers and variances obtained with the full site
plan submittal.
Solid Waste:
One dumpster is being proposed at the southwest corner of the
site. This appears adequate for this use.
Compliance with Land Development Regulations:
The proposed use is in compliance with the Land Development
Regulations. If the conditional use is approved, a full
site plan submittal will be reviewed by the Site Plan Review
and Appearance Board. The proposed site plan must comply with
the L.D.R.'s. It is appropriate at this time to bring the
following LOR requirement to the attention of the applicant.
* Pursuant to Section 2.4.5(K) the property must be platted as
a minor subdivision. Platting is required as the parcel has
been created by a metes and bounds description from a larger
parcel, since right-of-way dedication is required, and to
provide cross access to the adjacent shopping center.
* Pursuant to Section 4.3.3 (J)(5) (General Development
Standards) the following minimum requirements must be met to
establish the Convenience Mart/Gasoline Station use.
Minimum lot area 15,000 sq. ft.
Minimum frontage 150 ft.
Parking requirements 1/250 sq.ft.of floor area
This development proposal contains 40,829 sq. ft. and
has 200' and 206' of frontage. Adequate parking is
provided.
* Additional requirements relating to driveway widths and
locations, as well as locations of dispensers, storage
tanks, lift and repair facilities and product display racks
are listed under General Development Standards. All these
requirements have been complied with and are better
discussed during the site plan approval process.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 5
." Pursuant to Section 4.3.4. (H)(6)(b) (Special Landscape
Setbacks) apply along both Military Trail and Atlantic
Avenue. The landscape strips are to be 30' or 10' of the
average depth of the property, whichever is smaller. A 19'
landscape strip is required along Military Trail while a 20'
landscape strip is required along Atlantic Avenue. Both
landscape strips are provided on the revised sketch plan.
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 commercial shopping center uses to the
north, south, west and east. The proposal before you seeks to
upgrade and modernize the existing gasoline station. The
development proposal will eliminate the industrial type repair
operation from this prominent intersection. In addition, a more
aesthetic property will be provided. The aforementioned
improvements will not hinder redevelopment or have a detrimental
effect on the stability of surrounding uses. Nearby properties
are fully developed.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making of a finding of overall consistency.
Required findings under Section 2.4.5(E) are discussed under the
"Compliance with LOR's" section of the staff report and a
positive finding to each is made. A review of objectives and
policies of the adopted Comprehensive Plan was conducted and the
following objectives or policies were found.
Objective A-2 Traffic Element
The traffic circulation system, and improvements thereto, shall
be coordinated with new development as depicted on the Future
Land Use Map in order to retain the appropriate level of service
or otherwise provide for adequate and safe access concurrent with
such new development.
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 6
Policy A-5.2 Traffic Element
Additional development in proximity of high accident areas shall
include, in the required traffic report, the specific topic of
the accident area. Such development will not necessarily
exacerbate the situation which has led to the high accident
designation.
policy A-6.2 Traffic Element
The zoning regulations shall provide that approval of a
modification to an existing site development plan and/or
conditional use shall be conditioned upon the upgrading of its
points of access to meet adopted standards.
The existing station has 2 driveways on Military Trail and 2
driveways on Atlantic Avenue. Two of these driveways are
located within 15' of the intersection. With the modification
only two access points are proposed to the site and they are
located at least 90' from the intersection providing a much safer
condition.
Policy A-5.3 Traffic Element
The City shall guard against the over-commercialization of
intersections by restricting land uses which are high traffic
generators to no more than two adjoining intersection corners.
This policy shall be reflected on the Land Use Map.
This policy is not applicable to this parcel in that the
Future Land Use Map provides a commercial designation and
the proposal is modifying an existing use.
OTHER:
Cross Access:
During staff review a recommendation was made to provide cross
access between the gasoline station and the shopping center to
the east. This would eliminate the need to access the public
street system to go from one site to the other. With the
existing site there appears to be evidence of existing cross
access activity within the southern swale area of Atlantic
Avenue.
On the revised site plans the applicant has not accommodated such
a cross access. The applicant has indicated that providing the
cross access will interfere with the car wash stacking area.
However, 100' of stacking can be provided for the car wash and
the cross access driveway installed north of it. (See attached
exhibi t) .
P&Z Staff Report
Shell Oil Major Modification to Conditional Use
Page 7
It is staff's recommendation that the applicant be required to
provide cross access between parcels. To that end, this
development proposal should provide a curbed access drive of 24'
to the east property line. Currently the shopping center has an
established hedge between the properties. The existing hedge
would remain until future development of the shopping center, at
which point the balance of the access will be required. The
hedge material will act as a deterrent to premature utilization
of the access point.
The Planning and Zoning Board should provide direction to the
applicant as to whether cross access must be provided.
Nonconforming signs:
On the existing site there is a large billboard. With the major
modification of the site plan removal of the sign is proposed.
Pursuant to Section 4.6.7 (H)(4) this sign is a Nonconforming
Class 1 sign and is required to be removed by July 10, 1991
whether the use is established or not.
Permits:
This development proposal will require a County permit for the
driveway from Military Trail, FOOT permit for the driveway from
Atlantic Avenue, SFWDD and LWDD permits or letters of exemption
for drainage, a DER permit for the new underground tanks, and a
Health Department permit for sewer improvements.
REVIEW BY OTHERS:
Site Plan Review and Appearance Board:
A full site plan was submitted concurrent with the Conditional
Use request. Final action on the site development plans rests
with the Site Plan Review and Appearance Board. The site
development plan will be scheduled for consideration by the
Site Plan Review and Appearance Board if approval of the
Conditional Use is granted by City Commission.
ASSESSMENT AND CONCLUSIONS:
Approval of the major modification of the conditional use will
allow a substantial upgrading of the existing service station.
Compliance with current Land Development Regulations will
result in provision of special landscape buffers along Military
Trail and Atlantic Avenue, as well as total site landscape
improvements. These visual improvements will have a positive
influence on adjacent properties and the immediate area.
P&Z staff Report
Shell Oil Major Modification to Conditional Use
Page 8
The increase in intensity relating to the Convenience Mart
function and. additional pumps will generate approximately
522 additional daily trips. This number of trips is
negligible given the surrounding roadway networks. The
reconfiguration will mitigate current undesirable access
points, and provide a more aesthetic property through
accommodation of required special landscape areas.
ALTERNATIVES:
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)(S) and subject to
conditions.
STAFF RECOMMENDATION:
Recommend approval of the 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.S(E)(S) and subject to the following condition:
1. Platting as a minor subdivision pursuant to
Section 2.4.5(K).
2. Accommodation of the following through site plan
revisions to be approved by the SPRAB Board.
* Cross access along the east property line.
* Providing the required internal landscaping by
implementing solutions identified in the staff
report.
3. Obtaining permits or exception letters from Palm
Beach County Traffic, Health Department, FOOT,
SFWDD, LWDD, and DER.
4. Submittal of revised Paving and Drainage Plans
proving the following;
* Relocation of the proposed trench along Military
Trail or verification from Palm Beach County as to
acceptability of the proposed location.
P&Z Staff Report .. ~, .
Shell Oil Major Modification to Conditional Use
Page 9
5. Submittal of revised Sewer and Water plans providing
the following;
* An 8" verses 6" main in Military Trail
Right-of-way.
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M E M 0 RAN DUM ~ 1./';" /
TO: MAYOR AND CITY COMMISSIONERS (4neh dISSe".f)
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 'I,]) - MEETING OF APRIL 23, 1991
CONDITIONAL USE APPROVAL - MILLER AUTO REPAIR (NORTH
FEDERAL HIGHWAY
DATE: APRIL 19, 1991
We have received a request for conditional use approval to allow
auto repair as one of the uses to be conducted at the site of the
former Miller Dodge facility on North Federal Highway. At one
time the site was used by a full service automotive dealership;
however, it has been vacant for a considerable length of time and
has lost any grandfather status which it may have had.
The current development proposal is for the conduct of new car
sales, used car sales, auto rental and auto repair on the site.
Pursuant to provisions of the Automotive Commercial (AC) zoning
district, those uses are allowed as permitted uses only when
associated with a "full service automotive dealership." The
current proposal does not qualify as a full service automotive
dealership since the used car function does not include a new car
franchise component. In order to establish these uses,
therefore, Site Plan Review and Appearance Board approval is
required for the development of a new car sales, used car sales
and automobile rental facility; the auto repair aspect is a
conditional use which is subject to approval by the City
Commission after review and recommendation by the Planning and
Zoning Board.
At their April 15, 1991, meeting, the Planning and Zoning Board
recommended approval of the conditional use request to allow auto
repair, subject to conditions. The Community Redevelopment
Agency did not find the request objectionable provided the items
identified in the staff report are properly accommodated. The
Site Plan Review and Appearance Board will handle other aspects
of the site's development via the site plan approval process.
Any unresolved issues will be appealable to the City Commission.
While there are many items associated with the reestablishment of
use and overall redevelopment of this site, the only item before
the Commission at this time is that of conditional use approval
for an independent auto repair use and directly associated items.
A detailed staff report is attached as backup material.
Recommend approval of the conditional use request for
establishment of independent auto repair at the Miller Auto Use
Facility on North Federal Highway based upon, and subject to, the
findings and recommendations of the Planning and Zoning Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CA;D~ MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991
CONDITIONAL USE - MILLER AUTO REPAIR
(NORTH FEDERAL HIGHWAY)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that Df
approval of a conditional use request which would accommodate
auto repair as one of the uses to be conducted at the Sl.l:e
of the former Miller Dodge facility on North Federal
Highway.
BACKGROUND:
At one time this site was used by a full service automotive
dealership. The site has been vacant for a conslderanl<2 l.en0tt
of time and has lost any grandfather status which it may have
had.
The current development proposal calls for the conduct of new
car auto sales, used car auto sales, auto rental, and auto repair
on the site. All of the uses, except auto repair, are allowable
upon site plan approval as granted by the SPRAB. The auto repair
is a conditional use which is subject to approval by the City
Commission after review and recommendation by the Planning and
Zoning Board.
While there are many items associated with the re-establishment
of use and overall redevelopment of this site, the item before
the City Commission is only that of conditional use approval for
an independent auto repair use and directly associated items.
Other aspects of the site's development i.e. landscaping
compliance, dedication issues, and the manner of extension of
utility services are to be handled through the site plan approval
process (SPRAB) . Unresolved problems in those areas will be
appealable to the City Commission after SPRAB has taken its
action.
Please refer to the attached Planning and Zoning Board staff
report for identification and analysis of those items which
pertain to the conditional use (auto repair) approval.
-.--
..
City Commission Documentation
Conditional Use - Miller Auto Repair
(North Federal Highway)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 15th. At that time, the Board forwarded the
conditional use request with an unanimous recommendation of
approval, subject to conditions, as follows:
l. provision of Certification by the County as to the
acceptability of utilizing the existing septic field,
otherwise it is necessary that connection be made to the
City Sewer System. In addition, provision of an acceptable
method of disposal of oil, grease and coolants.
2. Deletion of the new access onto Dixie Hwy or relocate it to
the north end of the site.
3 . The number of vehicles which can be worked on at any one
time is limited to 5. With the full site plan submittal
provide information as to how service bays are to be llmitea
to 5 and provide physical lmprovement to assure compllance.
.:1. Provide information as to the demand for stacking at the
reception canopy and provide a contingency program for
physical improvements, i.e. closure of south entry, if
necessary.
The CRA reviewed the conditional use ,:,equest ;;2.nd r=!i1. n')t fi..!".d
it objectionable provided that the items identifled In cne staff
report were properly accommodated.
RECOMMENDED ACTION:
By motion, approval of the conditional use request for
establishment of independent auto repair at the Miller Auto Use
Facility on North Federal Highway based upon, and subject to, the
findings and recommendations of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of April 15, 1991
DJK/#80/CCMILLER.TXT
PLANNI~JG & ZONING BOARD
CITY OF DELRA Y BEACH --- 8T AFF REPORT ---
MEETING DATE: APRIL 15, 1991
AGENDA ITEM: ' IV. B.
WENDEL MILLER, AUTO FACILITY -- Conditional Use for Auto Repair,
ITEM: North Federal Highwav
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GENERAL DATA:
OWner. . . . . . . . . . . . . . . . . . . . . . . . . . . Wendell Miller
Agent...........................Digby Bridges, Marsh'
Associates, P.A.
Location........................West side of Federal Highway,
just south of Delray Drive In.
Property Size................... 1.75 acres.
City Land Use Plan..............General Commercial
_ City Zoning.....................AC (Automobile Commercial)
Adjacent Zoning.................SAD (Special Activities
District', to the east, RM
(Residential Medium) and CF
(Community Facilities), to the
west. and GC General Commercial
to the north and south.
Existing Land Use...............Vacant (a~ ~ ~~\~J
Proposed Land Use...............Automobile Use: new car auto
agency, used car lot, auto
repair, and auto rental.
Water Service...................A 2" water main exists along
Dixie Highway, and a 12" main
extends from Federal Highway to
Dixie Boulevard, just north of
the property.
Sewer Service...................The current site contains a
septic system. The Nearest
sanitary sewer line is
approximately 700' to the north
(Kentucky Fried Chicken), or
approximately 700' to the south ITEM: IV.B.
(Hot Spa Property).
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use, to establish an auto repair facility as part
of a auto dealership operation. A concept/sketch plan is
accompanying the request.
The property is located on the west side of Federal Highway just
south of the Delray Drive-in.
Pursuant to Section 2.4.5 (E)(l), the City Commission, by motion,
after review and recommendation for approval by the Planning and
Zoning Board may approve or reject a request for a conditional
use. Upon approval of the Conditional Use request the Site Plan
approval action will rest with the SPRAB (Site Plan Review and
Appearance Board).
BACKGROUND:
Prior to 1985, an automobile dealership occupied the site which
was partially in the City and partially in unincorporated Palm
Beach County. The portion in the City was a nonconforming use in
the GC Zoning district. In late 1984/1985, the unincorporated
portion of the property was annexed and the entire site was
rezoned to SC (Specialized Commercial). In November or December
of 1988, The Dodge dealership vacated the property, and it has
not been used as an automobile dealership since that time. With
the adoption of the Future Land Use Map in November, 1989 a
zoning designation of (AC) Automobile Commercial was affixed to
the property.
On April 18, 1990 (per LOR), a site development proposal plan was
submitted incorporating minimum improvements to the existing
site. The applicant was informed that consideration of a total
upgrade of the site was appropriate when establishing a new
Conditional Use. The applicant presented his development
proposal at a Planning and Zoning Board Workshop meeting of May
11, 1990, and it was the consensus of the Board that the site be
brought up to code, as much as practical, with the new
development proposal. The development was placed on hold and a
new development proposal was received on March 13, 1991. Note:
Changes were made to the development standards for auto uses upon
adoption of the LDRs. These new standards accommodates the
proposed use whereas previous regulations did not.
PROJECT DESCRIPTION:
The applicant is requesting approval to establish a combination
of a new car auto agency, used car lot, an auto repair and auto
rental operation. Per the existing (AC) Zoning District the
above uses are allowed as permitted used when associated with a
"full service automotive dealership". The proposal does not
qualify as a full service dealership as the used car function
does not include a new car franchise component, thus, the above
uses can be established as follows:
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 2
New car auto agency, used car lot and auto rental
pursuant to site plan approval by the Site Plan Review
and Appearance Board;
Auto repair may be established through the Conditional
Use process.
The development proposal before you is to occupy the existing
site and provide limited landscape improvements, reconfiguration
of parking areas, and drainage improvements. It is anticipated
the applicant will request variances, waivers, or internal
adjustments to the LOR requirements which are not met. As a part
of the development proposal the applicant is establishing 5
service bays, to service and repair vehicles. The existing
preparation and repair buildings are located at the southwest
corner of the site and currently contain 4 detailing bays and 12
service bays.
CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the Staff report, or Minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These 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 Full Service Vehicle Repair Use is allowed in the AC
(Automobile Commercial) zoning district as both a permitted and
Conditional Use. The repair shop is allowed as a permitted use
when in conjunction with a full service auto dealership. However,
this development does not met the definition of a full service
auto dealership therefore, the repair function must be considered
as a stand alone repair facility which is allowed as a
Conditional Use.
The AC zoning district is consistent with the General Commercial
Land Use designation on the Future Land Use Plan.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 3
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within
the Comprehensive Plan. For sewer and water, concurrency shall
mean that direct connection to a functioning municipal system
is made. For streets (traffic), drainage, open space (parks),
and solid waste, concurrency shall be determined by the
following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract
for installation has been solicited.
Water:
Water Service exists to the site via a 2" main located within
Dixie Highway. A 12" main extending from Federal Highway to
Dixie Boulevard is located immediately north of this property. A
fire hydrant exists on this main along Federal Highway. To
provide adequate fire protection to the site, an additional fire
hydrant and 8" main extension is required. A new 8" main must
extend from the 12" main, south to the south property line, where
the new hydrant should be installed.
Sewer:
Sewer Service to the site exists via an on-site septic system.
The applicant has indicated the system was installed several
years ago. It is required that the owner provide certification,
or confirmation, from County Health Department that the septic
system is suitable for disposal of wastes (oil, grease, coolants,
etc. ) from an auto repair facility. If alternative methods are
proposed, certification that the system which will be used for
collection and hauling of such wastes is required. Otherwise it
is necessary that (1) a proper disposal be provided; and, (2)
that connection be made to the City sewer system.
Dralnaqe:
The site must be able to retain on-site the first inch of a ten
year storm in order to meet water quality standards. The
retention standard is still being evaluated in light of the
existing conditions.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 4
Streets and Traffic:
The traffic statement has been provided. The County's Traffic
Ordinance requires analysis of traffic impacts generated in
excess of the existing use. The Traffic Ordinance allows a use
to be considered continued for five years after termination. As
the site was occupied with an auto use in December, 1988, the
previous dealership is considered existing. Therefore,
reestablishment of the use will not create any additional
vehicular trips.
A new ingress/egress point is proposed from Dixie Highway. This
entry raises concerns with respect to internal circulation.
Under the current proposal, vehicles would leave the repair bays
on Dixie Highway and reenter the site through the new entry. The
public roadway (Dixie Highway) would then function as the
internal circulation pattern for this portion of the site. It is
desired that traffic from the service bays not use Dixie Highway
for circulation (unless leaving the site and not returning) .
Given the reduction of service bays to five, it is possible to
accommodate either of the following:
- Have all access to and from the bays from the east end
of the service building;
- Provide for access from the service building to the
interior parking lot via on-site means.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.l6(H)(3) (the perimeter and interior requirements), and
Section 4.3.4. (H) (6) (b) (Special Landscape Setbacks). These
requirements must either be met or appropriate waivers and
variances or adjustments obtained with the full site plan
submittal.
Solid Waste:
There are no dumpster locations depicted on the submittal. The
applicant must provide information as to how refuse from the
service function will be accommodated. Industrial pre-treatment
of wastes may be required.
Compliance with Land Development Regulations:
The proposed use is in compliance with the Land Development
Regulations. If the conditional use is approved, a full
site plan submittal will be acted upon by the Site Plan Review
and Appearance Board. The proposed site plan must comply with the
LORis. It is appropriate at this time to bring the following LOR
requirement to the attention of the applicant.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 5
* Pursuant to Section 2.4.5(K) depending on the determination
of dedication and utility extension requirements platting
may be required.
* The existing access from the service bays onto Dixie Highway
is 36'; pursuant to Section 4.6.9(D)(3)(a) 24' is the normal
accepted width. A rational must be provided as to why a
greater width is required.
* Pursuant to Section 4.6.9(D)(3)(c) adequate provision must
be made for the stacking of incoming traffic from a public
street to any point where there is an obstruction to traffic
flow on a site. The covered reception area presents such an
obstruction. Only six cars can be accommodated at the
reception area without disrupting traffic entering from the
south entry on Federal Highway. Documentation as to the
stacking needs must be provided and restrictions on use of
the south driveway may be required.
* Pursuant to Section 4.3.4. (H)(6)(b) (Special Landscape
Setbacks) a 15' landscape strip applies along Federal
Highway. This landscape strip will be in addition to a 10'
right-of-way dedication for Federal Highway.
* Forty-five parking spaces are required for a combination of
service, employee, and customer parking. The 45 spaces are
to be allocated pursuant to the following minimums:
* 1.5 spaces per service bay;
* 2.0 spaces per 1,000 sq. ft. of floor area (less display
area) for customers;
* Employee spaces per need.
* A total of 21 parking spaces have been provided, 9 employee,
7 service, 5 customer. The employee spaces are inadequate
as there may be 12 service bays, 4 detailing bays in
addition to administrative personnel and the sales force.
Also, the number of parking spaces for service needs is not
sufficient.
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.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 6
This site is bordered by commercial uses to the north, south and
east. To the west the site borders the F.E.C. Railroad with CF
(portion of Primitive Baptist Church) and RM (Residential Medium
Density) . The establishment of the auto repair function should
have a minimum detrimental effects on the stability of
surrounding uses.
Some detrimental effects may be experienced related to a new
proposal entry on Dixie Highway. The entry as proposed would
allow traffic from the repair bays to exist and reenter the site
from Dixie Highway. The internal traffic circulation for the
site must therefore utilize the public street system. The
detrimental effects could be mitigated via implementation of
modification outlined under the Concurrency (Streets and Traffic)
section of this report.
Consistency:
Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) shall be the basis upon
which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan
may be used in making of a finding of overall consistency.
Required findings under Section 2.4.5(E) are discussed above in
the "Compliance with LDR's" section of the staff report. A
review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following objectives or policies were
found.
Ob1ective A2 Traffic Element
The traffic circulation system, and improvements thereto, shall
be coordinated with new development as depicted on the Future
Land Use Map in order to retain the appropriate level of service
or otherwise provide for adequate and safe access concurrent with
such new development.
Elimination of the internal circulation trips on Dixie Highway
from the service bays to the northern part of the site would help
meet objective.
Policy A-l.3 Public Facilities
All existing septic tanks which are located in sewered or
sewerable areas shall be removed from use, throughout the City,
by January 1, 1995, except in those specific situations where it
is physically demonstrated that there is no degradation of
groundwater.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 7
Notwithstanding the provisions of this policy, any septic system
deemed to have an adverse impact on the environment shall be
abandoned and connection made to the central sewer system (see
Policy C-5.3 for related policy. (Bl) (B2) (B5) (C4)
OTHER:
The applicant has indicated that the service bay operation will
contain 5 service bays, 4 detailing bays along with two bays
which will contain "Stores". No explanation of the "store" use
has been provided. Upon site inspection there are 12 service
bays in the existing building. An explanation from the applicant
is required explaining how service will be limited to only 5
service bays.
Dedications:
A 10' addition right-of-way dedication is required along Federal
Highway. On the development proposal the right-of-way dedication
is noted as "future right-of-way dedication. Since a FDOT permit
is required for the driveway modification along Federal Highway
it is unlikely that dedication along Federal Highway can be
deferred. Dedication at this time will place existing lighting
fixtures within the right-of-way. This is not an allowable
situation. Thus, the fixtures will need to be relocated and
in doing such must be brought into compliance with height,
shielding, and intensity standards.
A fifty foot (50') dedication is required along Dixie Highway
where there are not structures. We believe this requirement is
excessive; however, it is imposed by Palm Beach County. Delray
Beach and Boynton Beach are seeking to have the dedication
requirements along Dixie Highway established at the local level.
In that case, a thirty foot dedication would be required.
However, a further reduction may be accommodated upon
determination of the existing pavement location, need for
sidewalks, and drainage needs vis-a-vis F.E.C. right-of-way
location and use. At the present time, it is unlikely that a
permit will be granted from the County for the new access point
onto Dixie Highway without first providing the dedication.
Permits:
This development proposal will require a County permit for the
driveway on Dixie Highway, FDOT permit for the driveway from
Federal Highway, SFWDD and LWDD permits or letters of exemption
for drainage, and a Health Department permit or Certification of
acceptability for the septic system for sewer improvements and
water main extensions.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 8
REVIEW BY OTHERS:
Site Plan Review and Appearance Board:
A basic site plan was submitted concurrent with the Conditional
Use request. The Site Plan Review and Appearance Board reviewed
the plans on April 10, 1991, and at the writing of this staff
report no information was available. A verbal update can be
provided at the meeting.
The final site plan will return for action by SPRAB after the
conditional use has been finalized.
ASSESSMENT AND CONCLUSIONS:
Within the staff report several issues need to be resolved prior
to marking a recommendation to establish the auto repair function
for Miller Auto Dealership Associates. These include additional
information needs relating to how the service bays operation will
be limited to 5 when 12 exist, and the requirement for
Certification from the County relating to use of the septic
field. Other issues relate to modifications which can be
required to mitigate concerns including retention of proper
on-site stacking at reception area, i.e. modification to . south
Federal Highway entry if necessary, and retention of on-site
circulation from service bays, i.e. all access from bays to the
east or provide access from building to interior parking lot.
Additional issues relate to items which can be accommodated 'wlth
minor modification of the development proposal and include
providing adequate service, customer/employee parking, modifying
width of existing Dixie Highway exit, and providing proper solid
waste disposal.
ALTERNATIVES:
1. Continue with direction.
2. Recommend denial based on failure to make a positive finding
with respect to Chapter 3 (Performance Standards)
compatibility.
3. Recommend approval 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.
P&Z Staff Report
Miller Associates - Conditional Use Request
Page 9
STAFF RECOMMENDATION:
Recommend approval 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) subject to the following conditions:
1- Provision of Certification by the County to the
acceptability of disposal of oil, grease, coolants in
the septic field. Otherwise it is necessary that ( 1)
proper disposal be provided; and, (2) that connection
be made to the City sewer system.
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3. The number of vehicles which can be worked on at any
one time is limited to 5. With the full site plan
submittal provide information as to how service bays
are to be limited to 5 and provide physical improvement
to assure compliance.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF APRIL 23, 1991
DISPOSITION OF APPEAL OF PLANNING AND ZONING BOARD
DECISION/MASTER DEVELOPMENT PLAN MODIFICATION FOR
DELRAY PARK OF COMMERCE
DATE: APRIL 19, 1991
At the January 29, 1991, meeting, the City Commission considered
an appeal of a Planning and Zoning Board action (denial)
pertaining to a proposed Master Development Plan Modification for
Delray Park of Commerce, located at the northeast corner of
Congress Avenue and Lake Ida Road. At that time, new information
was presented by the applicant and the item was remanded to the
Planning and Zoning Board for reconsideration. Their review is
now complete and the item is before you for disposition.
A revised Master Development Plan and conceptual site plan were
reviewed by the Planning and Zoning Board in February, at which
time it was determined that the proposal still contained certain
deficiencies. Therefore, additional direction was provided to
the applicant and the matter was continued by the Planning and
Zoning Board to their April 15, 1991, meeting. At the April 15th
meeting, the P&Z Board formally reviewed the item which consists
of a change in use of Tract R on the master plan from retail and
office to retail and industrial. In addition, changes to the
conceptual site plan are proposed to accommodate further
subdivision and development of the Tract R parcel. Upon review,
the Planning and Zoning Board recommended approval of the
modification to the master plan, subject to several conditions,
at least two of which were challenged by the applicant's
attorney. A detailed staff report which outlines the issues
raised and the recommended conditions of approval is attached as
backup material for this item.
As stated in the Planning Directorls memorandum of April 23,
1991, pending receipt of an opinion from the City Attorney that
the conditions imposed by Planning and Zoning are appropriate, it
is recommended that the modification to the Master Development
Plan for Delray Park of Commerce be approved pursuant to the
findings and recommendations of the Planning and Zoning Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: r:\D ~j' UU MANAGER
FROM: ~ J. KOVACS, DI~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 23, 1991
DISPOSITION OF MASTER DEVELOPMENT PLAN MODIFICATION,
DELRAY PARK OF COMMERCE (TRACT R)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
disposi tion of a previous appeal of Planning and Zon ina
Board action on a proposed modiflcation to the Masrel
Development Plan for the Delray Park of Commerce.
The project involves a change in use of Tract R from retail
and office to retail and industrial; and changes to the
conceptual development plan by accommodating further
subdivision and development of the Tract R parcel.
BACKGROUND:
In January, the City Commission considered an appeal of a
previous action of denial by the Planning and Zoning Board on ~
requested Master Development Plan modification. At the
Commission meeting new information was presented and the
Commission referred the item back to the Planning and Zoning
Board.
Upon further review, the Board found that substantial changes
were not made. The applicant then proceeaed to redeslgn the
site. A revised development concept was presented to the
Planning and Zoning Board. Please see the attached staff report
far a description of the proposal and for more background
information.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 15th. At that time, problems still remained as
to how to depict the conceptual site plan as it pertained to R1.
The ROPAL attorney stated that they (ROPAL) could not comply with
depicting any information on R1. In light of the "legal"
questions, the Board has recommended approval as follows: (It is
anticipated that it.ems 2 and 3 may be challenged at the City
Commission Meeting.)
City Commission Documentatlon
Dispostion of Master Development Plan Modification,
Delray Park of Commerce (Tract R)
Page 2
l. That the Land Use Plan is changed to reflect three sub areas
of R with Industrial Use on R2 and R3 and Retail Use on Rl.
2. That the Conceptual Site Plan be per Exhibit A with the
additional notes affixed to R1.
a) That the developer of R1 be sensitive to the 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 cross access between R1 and the balance of Rand
possibly including N, may be imposed by the City at the
time of development upon R1.
3. That platting of the entirety of Tract R must occur prior to
issuance of a building permit. At the time of platting the
following items shall be resolved:
* Delineation of the preserve area with an explanation
regarding allowable encroachments.
* Cross-access easements throughout the original Tract R,
including Tract N2, with provisions for the points of
connections and for responsibility for physical
improvement.
4. That the elevations associated with the site plan submlttal
convey an "office" image on both the west and south
elevations.
RECOMMENDED ACTION:
Upon receipt of an opinion from the City Attorney that the
conditions imposed by Planning and Zoning are appropriate,
approval of the modification of the Master Plan for the Delray
Park of Commerce pursuant to the findings and recommendations of
the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of April 15, 1991
DJK/#80/CCR.TXT
.:JLANNING & ZONING BOAHU
C.ITY OF DELRAY BEACH' --- STAFF REPORT ---
4EETING DATE: April 12, 1991
\GENDA ITEM: . III.B
1
rEM: MODIFICATION TO THE MASTER DEVELOPMENT PLAN FOR THE DELRAY PARK OF COMMERCE (PCC)
K
N
GENERAL DATA: U
I
OWner. . . . . . . . . . . . . . . . . . . . . . . . . . . Ropal, LTD.
;.141.
Aqent...........................Jerry Turner & Associates
Location........................Northeast corner of Lake Ida Road
and Congress Avenue.
Property Size...................4.4 Acres (Tract R, Phase I & II)
City Land Use Plan..............Commerce
City Zoning.....................PCC (Planned Commerce Center)
Adjacent Zoning.................North, East, and South of the
subject property is zoned PCC,
land to the West is zoned POC
(Planned Office Center).
Existing Land Use...............Vacant
Proposed Land Use...............Light Industrial Uses
Water service...................Existing along Park of Commerce
Drive.
Sewer Service...................Existing along Park of Commerce
Drive.
1JJ ~ B.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH
FROM: JANET MEEKS, PLANNER II
SUBJECT: AGENDA ITEM...... . REGULAR MEETING OF APRIL 15TH, 1991
RECONSIDERATION AND CONTINUATION OF A MODIFICATION TO THE
MASTER DEVELOPMENT PLAN FOR THE DELRAY PARK OF COMMERCE
(PCC)
ITEM BEFORE THE BOARD:
The item before the Board is reconsideration and continuation of a
Modification to the Master Development Plan for the Delray Park of
Commerce. The project is located at the northeast corner of Congress
Avenue and Lake Ida Road.
This item was reviewed at the February 25th Planning and Zoning Board
meeting at which time the Board continued the item with the
understanding that the Applicant resubmit plans which addresses
all the Boards previous concerns.
BACKGROUND:
At its meeting of January 29th, the City Commission was presented with
new information by the Applicant. The item was remanded back to the
Planning and Zoning Board for reconsideration.
At its meeting of February 25th, the Planning and Zoning Board was
presented with a revised Master Development Plan and Conceptual Site
Plan. The Master Development Plan indicated that Phase 3 (northern
portion of Tract R) was to be incorporated with N2. The Conceptual
Site Plan was modified, the building was shifted closer to Park of
Commerce Boulevard, thus reducing the number of Pines to be removed
then previously shown (submittal of December 17th). However, no
mitigation measures for the Pines were indicated on the plan. The
elevations were modified to include an additional row of windows to
the east elevation. The change was insignificant and did not meet the
intent of an "office image".
After a lengthy discussion on all the plan deficiencies regarding the
above, and the illegal subdivision of the parcel, the Board felt the
item should be continued with the understanding that the next
submittal clearly indicate on the plans what the developer verbally
agreed to at the meeting.
P&Z staff Report
Delray Park of Commerce-Tract R
Page 2
GENERAL ANALYSIS:
The applicant submitted revised documents on March 22nd, which is the
basis of this review. The three major issues associated with this
project are the preservation of the Pines, the elevations and the
subdivision of the parcels. Each of the items are discussed in the
following paragraphs:
Subdivision of the Parcels:
The previous Conceptual Site Plan modification which provides for
three different sites within Tract R is not consistent with the
overall design and concept of the Delray Park of Commerce. While this
incompatibility might be mitigated by specific design criteria, no such
criteria was presented.
It was appropriate to request that the conceptual site plan show
development of Tract R without a stand alone retail use. Therefore,
it was recommended that the portion of Tract R identified for retail
use, be combined with Tract N2 for a unified retail development.
The Applicant indicated that since they did not own Phase 3, they had
no legal right over the parcel and the way in which it was to be
developed. The Board felt the owner of Phase 3 was a victim of
circumstances due to the sale of an illegally subdivided parcel. To
mitigate the situation, the Board would accept three stand alone
parcels, if Phase I and 2 were designed so the buildings were in close
proximity and tied together architecturally.
The developer of Phase 3 indicated that they would probably replat the
parcel (Tract R - Phase 3 and N2) at a later point in time, dividing
the parcels more equally. However, this would require the relocation
of a drainage easement located at the north property line of Phase 3.
If relocating the easement is not feasible, Phase 3 would be developed
with overflow parking from N2 and possibly a small building which
would be tied to the retail building with a breezeway (over the
easement). This would allow for a major portion of the Pines to be
saved on Phase 3. In both scenario's the trees are to be preserved to
the maximum extent possible.
The current design proposal meets the intent of the Board for the
southern portion of Tract R by locating the buildings in close
proximity. Thus, allowing for the buildings to be tied together
architecturally giving the illusion of one building.
Preservation of the Pine Stand:
Forty-three (43) Pines are associated with Phase 1. In the previous
submittal, the plans indicated that 14 trees were to be removed.
However, realistically 32 would have been removed or died through the
construction phase. No mitigation measures were proposed.
P&Z Staff Report
Delray Park of Commerce-Tract R
Page 3
The current submittal indicates that 9 Pines are to be removed.
Twenty (20) new Pines 8-101in height are proposed to be planted behind
the building and throughout the Pine stand. A preservation line has
been indicated around the stand. The conceptual landscape plan
indicates that the parcel be designed in a Xeriscape method.
The owner of Phase 3 has a concern regarding the "preservation line"
on his parcel. He stated that "it is not clear what this designation
means in terms of the future development of Phase 3. Can buildings
and improvements be placed within this area? If so, to what extent
and what standards govern the decision?" (See attached letter).
Staff's position would be the same as for Phase 1. The developer of
Phase 3 is to save the pines to every extent possible. The same
mitigation measures for Phase 1 will be required for Phase 3.
*NOTE: The applicant submitted a revised site plan on April 8th.
The preservation line and the existing pines were removed
from Phase 3.
In order to preserve additional trees, the applicant will request at
the time of site plan approval the reduction of 5 parking spaces. An
"adjustment" could be granted at site plan approval to accommodate
this situation. The grade between the building, parking and trees has
been worked out, so that trees indicated to remain will survive.
The current proposal indicates that mitigation measures have been
taken to insure the preservation of the Pines and meets the intent of
the landscape code.
Elevations:
The Planning and Zoning Board, along with staff, are receptive to the
requested change in land use designation. However, mitigating
measures would need to be assured with respect to the character of the
development with particular attention to the elevations which face
Lake Ida Road and Congress Avenue.
The current submittal did not include any elevations. It is presumed
that the elevations will remain the same as previously submitted (see
attached) .
The elevation facing Congress Avenue will be some what obstructed with
the proposed landscaping (7 Slash Pines and 5 Dahoon Holly) . The
elevation to the South, facing Lake Ida Road, will eventually be
obstructed with the proposed building on Phase 2. In the interim,
there is proposed landscaping which will help buffer the elevation.
It should be noted that final approval for the elevations rest with
the Site Plan Review and Appearance Board. The Planning and Zoning
Board should give clear direction to the applicant regarding the
elevations and a recommendation to SPRAB as to what would be
acceptable.
P&Z Staff Report
Delray Park of Commerce-Tract R
Page 4
COMMENT/ASSESSMENT:
Attached are the previous submittals which show the evolution of the
Conceptual Site Plan. The December submittal shows the building on
top of the Pine stand, thus no preservation of the Pines. The
February submittal shows some attempt of saving the Pines, however,
many would be lost during the construction phase.
The current submittal provides for proper mitigation measures and
meets the intent of the Master Landscape Plan condition which states
"that the developer of Tract R be sensitive to the 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."
Although, Pines are to be removed, Pines are proposed for replacement.
The grade from the building and parking to the trees is sufficient for
their survival. The conceptual landscape plan provides a design which
implements Xeriscape.
The subdivision of Tract R into 3 stand alone parcels does not meet
the design intent of the park. However, the buildings are proposed in
close proximity which allows them to be tied together architecturally.
No change in elevations have been submitted, but sufficient landscaping
is provided which helps to buffer the elevations. Clear direction is
requested on the elevations as to whether or not the landscaping is
sufficient mitigation, or a total redesign of the elevations is
necessary as a trade off to allow the industrial use on this highly
visible corner.
ALTERNATIVE ACTIONS:
1- Continue with direction
2. Approve the request to modify the Master Land Use Plan and the
Conceptual Site Plan based on positive findings with respect to
Compatibility, and that a significant effort has been made to
preserve and protect the existing Slash Pines.
3. Deny the request to modify the Master Land Use Plan and the
Conceptual Site plan based on the failure to make a positive
finding with respect to Compatibility as no significant effort
has been made to mitigate the industrial use on the corner with
respect to the elevations.
P&Z Staff Report
Delray Park of Commerce-Tract R
Page 5
STAFF RECOMMENDATION:
Approve the request to modify the Master Land Use Plan and the
Conceptual Site Plan based on positive findings with respect to
Compatibility and that a significant effort has been made to preserve
and protect the existing Slash Pines, and that the land use allocation
within the park are within allowable limits, with the following
condition:
1- That the Land Use Plan is changed to reflect three sub areas of R
with Industrial Use on R2 and R3 and Retail Use on RI (see
exhibit C).
2. That the Conceptual Site Plan is changed to reflect development
per Exhibit B less the parking encroachment.
3. That platting of the entirety of Tract R must occur prior to
issuance of a building permit and such platting shall provide
for:
* Delineation of the preserve area with explanatory
* Cross-access easements throughout the original Tract R,
including Tract N2, with provisions that the point of
connections shall be established with the development of Rl
at which time actual connection should be made as a
responsibility of Rl
4. That the elevations associated with the site plan submittal
convey an "office" image on both the west and south elevation.
ATTACHMENTS: Conceptual Site Plans
REF:#4/A:TRACTR.TXT
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~w OF"F"ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A.
ItARRY S, ItAL"UTH BARNETT CENTRE. 9TH F"LOOR STEVEN A. "AYANS
T..O"AS ... ItEASON 625 NORTH F"LAGLER DRIVE L'NDA R. "CCANN
PETER L. ItRETON POST OF'F'ICe: BOX 3666 ANDREW..J. MCMA.HON
ROItERT ItRODY WEST PAL)( BEACH, FLORIDA 33402 LISA A. "'LLER
KAREN T. CONEY .JON C. "OYLE
GREGORY D. COOK TELEPHONE (407) 659-7500 .JODY H. OLIVER
E, COLE "'TZGER"'LD. m F'ACSI....,LE (407) 6!59 "769 DAV'D S. F>RESSLY
.JOHN ,.. ,.L",NIG...N - P...TRtCK E. OUINLAN
ANDREW "ULTON. Dr TALLAHASSEE OF"F"ICE .....RK E. RAY"OND
..YR... GENDEL TELEPHONE (904) e61'3626 THO.....S ..., SHEEHAN, Dr
N...NCY "ALLEY GR.....A.. DONN... H. STINSON
F''''CS''''LE (904) e61'676e
WINSLOW D. HAWKES. m MARTA M. SUAREZ' "URIAS
LYNN G, H...WKINS SA"UEL A. THO.....S
.....RTIN V, KATZ - W'L TON L. WHITE
WiLLI...... 8, KING STUART OF'F"ICE THO.....S L. YOSET
RON"'LD K. KOLINS TELEPHONE (407) 2e6-1144 .JOEL H. YUDENF'REUND
F'ACSI""LE (407) 2e6 -1499
March 29, 1991
Mr. David Kovacs
Director of Planning & Zoning
City of Delray Beach
100 N.W. 1st Street
Delray Beach, FL 33444
Re: Tract R, Delray Park of Commerce Site Plan
Our File No. 7/284/1
Dear David:
I have been furnished a copy of the proposed site plan
entitled "Jaro's Electronic Facility" by Janet Meeks. My
understanding is that this plan will be reviewed by the Planning
and Zoning Board on April 15. My client's (Arthur Glads tone)
parcel is shown as Phase 3 of the si te plan.
We have two concerns about this si te plan which we believe
must be addressed.
First, a parking lot is shown at the northeast corner of Phase
1. A portion of this parking lot extends across the property line
into Phase 3, which is not owned by the proponent of this site
plan. In fact, cars using the northernmost parking spaces must
back into my client's lot in order to leave the parking space.
This arrangement of the en trance and the parking lot implies
that there is cross-access between Phase 1 and Phase 3. Presently
there is not an easement agreement between my client and Ropa 1 .
If Ropal should not grant my client cross-access, then it will be
necessary for Phase 3 to have its own en tr ance . . Jtt't\lvt\\))
~p~ ~ ,qq,
PLANN\NG & ;q~~~Q
-
.
Mr. David Kovacs
March 29, 1991
Page 2
Moreover, given the dimensions of Mr. Gladstone's lot and the
location of the slash pine stand, it may not be feasible to
continue the parking lot across the fron t of Phase 3, as is
implied by this site plan.
This brings me to the second concern, which is the stand of
slash pines. The si te plan encloses the outer boundary of the
slash pines with a line labelled "preservation area". It is not
clear what this designation means in terms of the future
development of phase 3. Can buildings and improvements be placed
within this "preservation area "? If so, to what extent and what
standards govern the decision? If we remove slash pines from this
area, will we be required to replace them and, if so, on what
basis (Le. tree for tree, inch for inch)? If replacement is
required, can it be off-site? Your written clarification of these
issues is essential to my client's decision on whether to ob jec t
to the proposed site plan.
Let me reiterate tha t my client has no quarrel with Ropal and
its development. He desires to cooperate and is in fact willing
to join in the proposed replat. At the same time, however, he is
not willing to have his property rights impaired by this site
plan. Therefore, we look forward to receiving your responses to
these issues.
Very truly yours,
'-~ r/ ~!~
Peter L. Breton
PLB/d1
cc: Mr. Arthur Gladstone
Ms. Janet Meeks
3569Z
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J,J1jj)L Lc/~LcY- (j
MEMORANDUM L2ti1~
TO, MAYOR AND CITY COMMISSIONERS 'l u ;:J3 :1))'3
FROM: CITY MANAGER ,1J'vf ~ 1/ f(
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 26 19~1
RECONSIDERATION OF APPEALjDELRAY PARK OF COMMERCE
DATE: February 19, 1991
At your January 29th meeting the Commission considered a request for
appeal of a Planning and Zoning Board action pertaining to a Master
Plan Modification for the Delray Park of Commerce. At that time new
information was presented and this item was remanded back to the
Planning and Zoning Board with direction to expedite review of the new
information. Because of time limits involved in processing this
request, it is being placed on the Commission agenda prior to formal
Planning and Zoning Board action which will occur on Monday, February
25th. A recommendation will be brought forward at your Tuesday
evening meeting.
The Planning and Zoning Board at their December 17th meeting, reviewed
the request for modification of the Planned Commerce Center (PCC)
Master Plan for the Delray Park of Commerce located in the northeast
corner of the intersection of Congress Avenue and Lake Ida Road, and
unanimously denied the request without prejudice. The modification
request included an amendment of the Master Development Plan to change
the use on Tract R2 from "Office Center" to "Light Industrial" and to
amend the concept site plan to provide for three development phases on
Tract R. Tract R1, to be developed in phase three, would remain
Retailj Tract R2, to be developed in phases one and two, would become
Light Industrial and consist of three buildings.
The proposed Conceptual Site Plan modification which provides for
three different sites within Tract R is not consistent with the
overall design and concept of the Delray Park of Commerce. While this
incompatibility might be mitigated by specific design criteria, no
such criteria was included in the modification request. Additionally,
there has been a significant problem in obtaining proper legal
documents normally required for a submission and in obtaining adequate
exhibits. It should be noted that a full site plan has not been
submitted- we are dealing only with the conceptual plan.
Additionally, letters of agency have not been received from the owner
of a portion of Tract R.
While the Planning and Zoning Board, along with staff, are receptive
to the requested change in land use designation, both desire that
mitigating measures be assured with respect to character of the
development with particular attention to the elevations which face
Lake Ida Road and Congress Avenue. It is also appropriate that the
conceptual site plan show development of Tract R, without a stand alone
retail use. Therefore, it is recommended that the portion of Tract R
identified for retail use, be combined with Tract N for a unified
retail development. Also, the conceptual site plan should be very
specific as to the manner in which protection will be afforded to the
Slash Pine stand.
. .
AGENDA REPORT
Meeting of 2/26/91
A detailed staff memorandum is attached as backup material for this
item.
-
-
- 2 -
-_.~.'"
. .
C I T Y -C 0 M MIS S ION DOC U MEN TAT ION
TO: ~ON MACGREGOR-HARTY, CITY CLERK
. IOvd.A -) VcUQe/6c
FROM: DA ID J. KOVACS, DIRE OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
RECONSIDERATION OF APPEAL OF PLANNING AND ZONING BOARD
ACTION PERTAINING TO MASTER PLAN MODIFICATIONS TO THE
DELRAY PARK OF COMMERCE (PCC)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a previous Planning and Zoning Board action of
DENIAL of a proposed modification to the Master Development
Plan for the Delray Park of Commerce.
BACKGROUND:
This item was before the Commission at its meeting of January 29,
at which time new information was presented and the Commission
remanded the item back to the Planning and Zoning Board with
direction to expedi te review of the new information and to have
the Board consider the request at its February meeting.
The next day, we met with the applicant and his new attorney.
Information needs were identified and a time frame for fast-track
processing was laid out. Additional information was provided by
the applicant pursuant to that schedule. Please refer to the
Planning and Zoning Board staff report for a commentary on the
adequacy of the submittal.
Please refer to the previous Planning and Zoning Board staff
report for background pertaining to the events and happenings
which surround this project. Please review the most recent
(2/25') Planning and Zoning Board staff report (copy attached)
regarding the revised submi ttal. Note that the staff
recommendation remains DENIAL of the information as submitted.
PLANNING AND ZONING BOARD CONSIDERATION:
Because time is of the essence and the expressed desire of the
City Commission to act quickly on this item, reconsideration has
been placed on this agenda even though the Planning and Zoning
Board will not review the revised material until Monday, February
25th.
.
.
.
City Commission Documentation
Reconsideration of Appeal of P&Z Board Action Pertaining to
Master Plan Modifications to the Delray Park of Commerce (PCC)
Page 2
RECOMMENDED ACTION:
By motion, support of the Planning and Zoning Board
recommendation/position.
Attachment:
* P&Z Staff Report & Documentation of February 25, 1991
DJK/#79/CCPOC.TXT
,,'
JLANN'I NG 8. ZON 1 NG BOARD .
--- STAFF REPORT --
= I TY OF OELRAY BEACH
MEET ING rnTe: FEBRUARY 25, 1991
AGEl'O=l 1 TEM: IV. A.
I
I CONSIDERATION OF NEW INFORMATION PERTAINING TO A MODIFICATION TO THE MASTER
rlr~: DEVELOPMENT PLAN FOR DELRAY PARK OF COMMERCE PERTAINING TO TRACT R (REFERRAL
FROM THE CITY COMMISSION)
. i".'_.,........I\, \'~1.~~. <<"."u" 1;'
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3ENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Ropa 1. LTD
Agent.. .... ................. ... .Bob Fetrow, Gator Engineering
Location............... ... ..... .Northeast corner of Lake Ida Road
and Congress Avenue
Property Size............... ... .4.4 Acres (Tract R-2)
City Land Use Plan.......... ....Commerce
Park of Commerce Designation....Office
Proposed Designation............Industrial
City zoning.....................PCC (Planned Commerce Center)
Adjacent Zoning.................North, East, and South of the
subject property are zoned pec,
West is zoned POC (Planned Office
Center) .
Existing Land Use...............Vacant Land -
Proposed Land Use...............Light Industrial Uses
Water Service...................Existing along Park of Commerce
Drive .
Sewer Service.................. .Existing along Park of Commerce JOl,f
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH
FROM: JANET MEEKS, PLANNER II
SUBJECT: AGENDA ITEM IV.A REGULAR MEETING OF FEBRUARY 25, 1991,
RECONSIDERATION OF A MODIFICATION TO THE MASTER DEVELOPMENT
PLAN FOR THE DELRAY PARK OF COMMERCE (PCC).
ITEM BEFORE THE BOARD:
The item before the Board is reconsideration of a Modification to
the Master Development Plan for the Delray Park of Commerce. The
project is located at the northeast corner of Congress Avenue and
Lake Ida Road.
The item has been remanded back to the Board by the City
Commission to review a revised Master Development Plan and
Conceptual Site Plan.
BACKGROUND:
A modification to a PCC Master Plan requires a new Land Development
Plan (use allocation) and Conceptual Site Plan. These two items were
before the Planning and Zoning Board on December 17, 1990, at which
time they were denied.
An appeal was filed pursuant to LDR 2.4.7(E)(1) to the City Commission
to reverse the Planning and Zoning Board decision. At its meeting of
January 29, 1991, the applicant stated that "the application submitted
can readily be cured by appropriate conditions that can be imposed as
a part of the approval process. We understand that Tract R in the
Park of Commerce must be replatted and would request that approval be
conditioned upon replatting, protection of the Slash Pine stand, and
obscuring of the proposed loading dock."
This item was remanded back to the Planning and Zoning Board for
reconsideration of the proposed development with the anticipation that
mitigation measures/criteria were incorporated into the revised
documents.
The item now before the Board is that of making a recommendation to
the City Commission on the Modification to the Land Use Plan and the
revised Conceptual Site Plan for the Delray Park of Commerce - Tract
R. Please refer to the previous (12/17) staff report for further
background.
'"
P&Z Staff Report
Modification to a Master.Development/Site Plan
Page 2
PROJECT DESCRIPTION:
The applicant submitted revised documents on February 4th, which is
the basis of this review. The previous development proposal was to
subdivide Tract R into 3 stand alone parcels. The northern portion of
Tract R to be Retail and the 2 southern parcels to be Light
Industrial.
The revised development plan indicates that the northern portion of
Tract R to be incorporated into Tract N2 by deleting the proposed
subdivision line and is reflected as such in the site data. However, a
reference to Tract R (phase 3) remains. It should be deleted.
The Conceptual Site Plan was modified by moving the building closer to
Commerce Boulevard, thus reducing the number of Slash Pines to be
removed. The building was reduced from 15,353 sq. ft. to 14,500 sq.ft..
The required number of parking spaces is 44, however 53 have been
provided. Points of ingress/egress remain the same. The loading
dock has been recessed into the building to alleviate the dock facing
Commerce Boulevard right-of-way.
ADEQUACY OF SUBMITTAL:
After the City Commission meeting, the applicant and his attorney
requested a meeting. At that time additional information needs were
identified and a time frame for fast-track processing was laid out.
Per the previous submittal, the land use allocation data was
incorrect, no narrative was provided per the PCC requirement, and some
additional legal documentation was required.
The narrative provided (copy attached) with this submittal still does
not meet the intent of the Code. The narrative should outline how the
intent of the Delray Park of Commerce is being maintained, the changes
in land use allocations, and a comparison of the allocations to those
allowed per the PCC District regulations.
The narrative stated that Ropal, Ltd. intends to preserve the Pines as
set forth on their portion of Tract R in conformance with the enclosed
Master Land Use Plan and Master Conceptual Plan, and Mr. Gladstone
(northern portion of Tract R) intends to protect and preserve as much
of the pines as can be afforded when the tract is developed. However,
no mitigation or preservation of the pines is conveyed on the plans.
The Master Land Use Plan still indicates Tract R - Phase 3 and should
be eliminated from the plans (see staff sketch). The Conceptual Site
Plan still indicates a building on Phase 3 and no indication for the
preservation of the Pines. The building should be eliminated and the
Pines defined as preserve area (see staff sketch).
P&Z Staff Report
Modification to a Master Development/Site Plan
Page 3
In order to accommodate the applicants request of "fast-tracking", the
item has been brought before the Board even though we deem it as an
inadequate submittal.
GENERAL ANALYSIS:
The Planning and Zoning Board denied the earlier modifications based
on the following:
1- Without specific mitigation measures/criteria, the location of
industrial use on Tract R is incompatible with the character of
the Park and the City. The Board also noted that the south and
west building elevations did not convey an office image;
2. That the maximum effort has not been made to protect the slash
Pine stand;
3. That the development of Tract R with three or more buildings is
not consistent with the Park's concept.
The revised plans address the above as follows:
Building Elevations Analysis:
One way in which to mitigate the Industrial use on Tract R, is to
revise the elevations to convey an office image. The revised plans
show an additional row of windows added to the west elevations and the
corners of the building are rounded. The south elevation remains the
same. The elevations still appear to have an industrial look. In
discussion with the applicant, he felt the existence of the Slash
Pines mitigated aesthetic impacts to the west. However, it is noted
that many more pines than anticipated by the owner may need to be
removed to accommodate the project (see next section).
Slash Pine Analysis:
Within Tract R there are a total of 67 trees, 24 of which are located
in Phase 3 (retail). Forty-three (43) of the trees are located in
Phase 1, of those 43 trees, 14 are indicated to be removed. However,
an additional 18 are anticipated, by staff, to die due to construction
and a possibility of more over time. Therefore, only 11 trees
realistically will remain on site after construction.
Tract R: Phase 1 Phase 2 Phase 3 Total
Existing Trees 43 0 24* 67
Trees to be removed 14 0 0 14
Trees to Remain 29 0 24* 53
(per applicant)
'.11
P&Z Staff Report
Modification to a Master Development/Site Plan
Page 4
Trees anticipated to die 18 0 0 18
due to construction
Trees to remain (staff) 11 0 24* 35
* In their letter of February 4, Ropal states that it is the owner
of of "Phase 3" site to retain as much of the Slash Pines as
possible.
The previous submittal would have removed all Slash Pines from Phase
1. Some attempt has been made to save the trees with the redesign.
However, the overall approval for the park was conditioned with the
following statement "that the Developers of Tract R be sensitive to
the 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." This condition has not been met with the current
submittal.
Subdivision of the Parcels:
Although the Use plan shows N2 and the north portion of R combined,
the development proposal has not changed in that Tract R is to be
subdivided into 3 parcels. It has been reported that the owner of
Tract N2 does not wish to commit to the creation of a single lot at
this time. Once subdivided, Phase 3 becomes unbuildable. It is
appropriate to require that when Tract N2 is platted, Phase 3 be
incorporate into N2, along with a restriction that an additional
building can not be constructed on the property. This would also
insure that all the Slash Pines be retained on site. In conjunction
with N2, this parcel lends itself to overflow parking. The conceptual
site plan needs to reflect the Phase 3 area as parking and tree
preservation only.
COMMENT/ASSESSMENT:
It appears that the applicant has created their own hardship by the
manner in which they are subdividing the southern portion of the site.
The proposed property line limits the way in which the site may be
designed. It forces the building layout on the site, instead of
designing the building to fit the site.
The appeal offered that approval be granted and conditioned upon
replatting, protection of the Slash Pine Stand, and obscuring of the
proposed loading dock. The real problem with the appeal was no real
definition of "protection" of the Slash Pine stand was stated or
implemented with resubmittal. The revised Conceptual Site Plan shows
a significant number of the pines being destroyed and nearly complete
disruption of the habitat. Also, the revised set of documents do not
address the number of buildings. The free standing retail use on the
north portion is still indicated on the conceptual site plan. The
P&Z Staff Report
Modification to a Master Development/Site Plan
Page 5
character of the industrial building elevations have not significantly
changed as they relate to Congress Avenue and Lake Ida Road.
A full site plan was submitted along with this request. The landscape
plans do not provide for any mitigation measures to save the balance
of existing trees.
In light of the above, the resubmittal does not address the concerns
that the Board previously had.
Alternative site plans:
There are several alternatives which could make this project
compatible and harmonious to adjacent property and the City as a whole
if the land use allocation was approved for Light Industrial.
The Board could approve the land use allocation with one of the
following concepts as it relates to the site plan:
1- That the two buildings be located on the southern portion of the
property (sketch attached) , tieing the two buildings together
architecturally providing for an office image. This would allow
for the preservation of the entire Slash Pine stand. Or;
2. That the attendant site plan be revised to reflect relocating the
loading bay to the south side and incorporate it into the parking
area. There are 9 additional parking spaces which could be
deleted to accommodate the loading bay in this area. Additional
Slash Pines could be saved.
Along with this scenario, a revised landscape plan be submitted
which insures that proper mitigation measures have been provided
for the Slash Pines; ie. retaining walls, proper protection of
the existing trees through the construction phase, possibly
lowering the finish floor elevation (only if it meets drainage
criteria) to alleviate the fill situation, the balance of the
Slash Pines be left in a natural state ie. no additional sod or
irrigation, and revegetation of the site with Slash Pines. Or;
3. Revise the footprint of the building to fit the site and modify
the parking area (sketch attached). All of the Slash Pines could
be saved, with the mitigation measures addressed above shown on
the landscape plan.
Alternatives 2 and 3 above, would still allow the parcels to be
subdivided with no continuity between the two proposed parcels, except
with the possibility of the buildings having the same architectural
details.
P&Z staff Report
Modification to a Master Development/Site Plan
Page 6
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Deny the request to modify the Land Development Plan and the
Conceptual Site Plan based on the failure to make a positive
finding with respect to compatibility, and the failure to be
sensitive to the existing Slash Pines in that no significant
effort has been made to preserve and protect the trees.
3. Approve the modification to the Land Development Plan either by:
a. Per the request
b. Per the staff suggestion of incorporating Tract R, Phase 3
into Tract N2, with the stipulations that no structure may
be built on the former Tract Rl a~d, that the slash pines be
preserved;
but deny the modification to the Conceptual Site plan.
4. Approve the modification to the Land Development Plan and approve
the Conceptual Site Plan with one of the options under
Alternative Site Plans with following conditions: (This
alternative can only be considered with a change in the
application by the applicant).
a. Replat of N2 incorporating Phase 3 with the restriction that
no structure be built on that site, and that 100\ of the
Slash Pines be retained on site. Modify the Land
Development Plan, by removing the reference to Tract R -
Phase 3.
b. That proper mitigation measures for the Slash Pines be
incorporated into the final landscape plans (Tract R).
c. That the elevations facing Congress Avenue and Lake Ida Road
provide for an office image (approval of elevations rests
wi th SPRAB).
d. That the following legal documentation be provided prior to
City Commission Approval,
1- Certification of ownership for that portion of "Tract
R" per warranty deed recorded in ORB 6291 page 1956,
2. Designation of agency under the signature of the owners
of record for Tract R (for the purpose of modifying the
conceptual site plan and for the site specific
development plan for Jora) should be revised to include
Barbara Metsch
P&Z Staff Report
Modification to a Master Development/Site Plan
Page 7
RECOMMENDED ACTION:
Unless there are changes to the application with respect to
accommodating Alternative Action #4, the modification requests should
be denied.
Attachments: Narrative from Ropal, Land Development Plan, Conceptual
Site Plan, Site Plan, Proposed Sketch Plans (by staff), Elevations
REF:#3/A:DelrayR2.TXT
.;ve!UZ? 91vd 0/ ~~
(JW?U/~ ~I $/,(/.
1 300 Park cl Commerce Blvd,. Suite 16 I
ICongr~ Averw.Je 01 lale Ida Rood)
Delroy Beach, Flonda 33445
14071 265{)QQQ
FAX: 736-6342
February 4, 1991
Mr. David Kovacs
Director of Planning & Zoning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Narrative for Revised Master Land Use Plan
for Tract R at Delray Park of Commerce
Dear Mr. Kovacs:
This letter is being sent to you on behalf of the Delray Park of
Commerce Owners Association, Inc.
As you well know, Ropal, Ltd. desires to alter the Master Devel-
opment Plan, specifically, the redesignation of Ropal's portion
of Tract R from office to light industrial. The basis for the
change is that the current market conditions and foreseeable
market demands in the near future indicate that there is limited
demand for office space. However, in these economic times, there
still appears to be a demand for light industrial. Specifically,
Ropal, Ltd. has a customer who is interested in developing a
Micro-Chip facility on Ropal's portion on Tract R.
The impact of the Land Use Modification falls within the pee
regulations for the City of Delray Beach. (Please see .Zoning
Staff report.) Furthermore, the MicrO-Chip facility shall be a
welcomed addition to the Delray Park of Commerce, in that the
facility will be of a quality nature, with similarities of an
office building (please see enclosed site plans).
Please further note that the comparison table of existing land
uses, desired land uses and allowable land uses are set forth in
staff reports as well as on the enclosed revised Master Conceptu-
al Plan and revised Master Land Use Plan.
.
Mr. David Kovacs .
February 4, 1991
.
Page 2
with the respect to the existing Slash pines, please note that
Ropa 1 , Ltd. intends to preserve the Pines as set forth on their
portion of Tract R in conformance with the enclosed Master Land
Use Plan and Master Conceptual Plan.
Moreover, the association has conferred with Mr. Arthur Gladstone
with respect to his ownership of Tract R and Mr. Gladstone has
advised the Association that it is his intention to protect and
preserve as much of the Pines as can be afforded when the tract
is developed.
Ropal, Ltd. has further indicated that it will allow access
between the properties belonging to Ropal, Ltd. and Arthur Glad-
stone's within Tract R. This issue shall be addressed upon the
development of Arthur Gladstone's portion of Tract R because the
access must accommodate the building use of Mr. Gladstone's
property.
Furthermore, Ropal, Ltd. has reconfigured the location of the
loading areas, so that the loading area faces a northerly direc-
tion. (Please see revised Conceptual Land Use Plans.)
Lastly, Ropal, Ltd. assures that lush landscaping will be provid-
ed at the entry ways to the Micro-Chip facility.
The Association endorses both the revised Master Land Use Plan
and the site Plan enclosed herewith subject to construction of
the Micro-Chip facility.
If we can be of any further assistance, please do not hesitate to
call.
Very truly yours,
DELRAY. OWNERS ASSOCIATION, INC.
ACKNOWLEDGED AND AGREED TO:
BY.: ROPAL, LTD.
BY.: THE RESORT AT INDIAN SPRING, INC. ,
GENERAL PARTNER OF ROPAL, LTD.
By: ~~r'~'1
A vin Kaplan, esident
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q~ - MEETING OF APRIL 23, 1991
FURTHER CONSIDERATION OF ORDINANCE NO. 7-91
DATE: April 19, 1991
This item is before you for further consideration of Ordinance No,
7 - 91. This ordinance annexes to the City of Delray Beach land lying
and being in Section 14, Township 46 South, Range 42 East, of Palm
Beach County, Florida. A public hearing was held on this Ordinance on
February 12, 1991. At that time, the management firm of the shopping
center located on the northwest corner of Atlantic Avenue and Military
Trail (K-Mart, MacDonalds, etc.) raised questions about the
implications of the annexation and stated that the original water
service agreement for the Center did not contain the standard
annexation clause.
Staff is continuing its efforts to negotiate with the Center regarding
annexationj however, as of this writing no compromise has been
reached. The status of those negotiations will be presented at your
Tuesday evening meeting.
~130 'dY'
10
r
I
I ORDINANCE NO. 7-91
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, LAND LYING AND BEING IN SECTION 14,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS
OF MILIT.~Y TRAIL AND ATLANTIC AVENUE; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO PC
(PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC
(PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC
(GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mutual Life Insurance Company of New York is t:he
fee simple owner of that part of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) lying South of the L-33 Canal, West
of State Road 809 and North of State Road 806 Rights-of-Way (less
the West Half (W 1/2) of the Northwest Quarter (NW 1/4) , Northerly
620 feet of Easterly 615 feet, that part as in OR 3749 Page 829,
(K/A L-1 Thru L-8 and Easterly 3 feet of State Road 809
Right-of-Way); and,
WHEREAS, De1ray Executive Square LTD. is the fee simple
owner of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Allen William T., Sr. and W. A. Mayton and Bobby
L. Moore are the fee simple owners of East 166.41 feet of the North
262 feet of the East Half (E 1/2) of the Northwest Quarter (NW 1/4)
of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4),
'I (less the North 30 feet of State Road 806); and,
I
WHEREAS, Delray Beach Joint Venture Firestone is the fee
simple owner of the Easterly 133 feet of the West 155 feet of the
North 240.91 feet lying South of State Road 806 right-of-way of East
Half (E 1/2) of Northwest Quarter (NW 1/4) of Southeast Quarter (SE
1/4) of Southeast Quarter (SE 1/4); and,
WHEREAS, BP Oil, Inc. is the fee simple owner of the West
28.49 feet of the East 220 feet of the North 192.20 feet and a
triangular part of the East Half (E 1/2) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) as in OR 4462 Page 1034 (less the North 39.55 feet of State
Road 806 and the East 40 feet of State Road 809 road rights-of-way)
in Section 14, Township 46 South, Range 42 East; and,
WHEREAS, Service Station Realty, Inc. is the fee simple
owner of the Westerly 121.51 feet of the Easterly 191.51 feet of the
North 192.20 feet of the East Half (E 1/2) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) as in OR 6307 Page 1971
(less the North 39.59 feet State Road 806 road right-of-way); and,
WHEREAS, Florida Coast Land Assoc., LTD. is the fee simple
owner of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Sun First National of Palm Beach County is the
fee simple owner of the westerly 334.47 feet of the Northerly 251.02
feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE
1/4) (less the Northerly 21. 02 feet State Road 806 right-of-way) ;
and,
.
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the North 197 feet of the East 220 feet of the
South 610 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York 1S the
fee simple owner of the North 148 feet of the South 413 feet of the
East 220 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way (less the Easterly 2.50 feet of
State Road 809 right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 220 feet of the East 200 feet of that
part of the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1 41
lying West State Road 809 and North of State Road 806 road rights-
of-way (less the Westerly 5 feet and Southeast triangle corner of
State Road 809 road r1ght-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 240 feet of the West 153 feet of the
East 353 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 240 feet of the West 152 feet of the
East 530 feet and North 220 feet of the South 240 feet of the West
I 20 feet of the East 550 feet of that part of the Northeast Quarter
I (NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road
809 and North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 187.99 feet of the West 220 feet of
the East 830 feet of that part of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/ 4) lying West of State Road 809 ana
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.33 feet of the West 174.06 feet of
the East 1004.06 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.57 feet of the West 196.42 feet of
the East 1226.02 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the Northerly 620 feet of the Easterly 615 feet
of that part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of and
adjacent to the L-33 Canal right-of-way; and,
WHEREAS, Delray Beach Joint Venture is the fee simple
owner of the East Half of the Northwest Quarter (N"w 1 / 4) of the
Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) lying
South of State Road 806 (less the Easterly 133 feet of West 155
feet of the North 240.91 feet and the East 166.41 feet of the North
262 feet); and,
WHEREAS, Service Station Realty, Inc. is the fee simple
owner of the South 108 feet of the North 298 feet of the West 122.66
feet of the East 192.66 feet of the Southeast Quarter (SE 1/4) of
the Southeast Quarter (SE 1/4) of Section 14, Township 46 South,
Range 42 East; and,
ORD. NO. 7-91
- 2 -
wHERE;:',::; , Boca Raton '"'acht ana I'enn1.S Club 1S the tee
simple owner ':It Breezy Acres Lot - i le.:;s State ?,oad ~O6 r:.c:::r:t.-
of-vlay; and,
,"HEREil,S , Boca Rat:on 'iacht and ~e!1!1is (~'ll.lb 1.S :ne ;~~
s~m?le ovmer ':If Breezy Acres Let .- 1 less St:ate ;;,c;ad 806 !:ignt-c:-
-,';a.I: ar:.d.
wHEREAS, Boca Rat:ol:. Yacht: and Tenrus (~l un l.S 't:-'.e !:ee
Simple :owner '~f Breezy ;""cr2S Lor: , I l.'2SS Star:e ",,:lad 1306 :::.qr.t-cr-
",ay; and,
'tiHERE.il.,S , Boca Raton '{dcht: and Tenn1.s CL.l.b :.s 0:. he tee
simple owner of Breezy Acres Lot 4 Il~ss Stat:e Road 806 riqht-at-
('lay; and. .
WHEREAS, Berlinqer Handels-Unel is tne fee s1.mple own~r -,~
the Nort:heast Quarter (NE 1! 4) of the Southeast ~uart:er 15E 1 41 0t
the Southeast Quarcer ISE l' 4) (less roael rights-of-way tor M1.11.tary
Trail and Delray Road West: and North 176.~3 feet: of cne East '::07. :<.
teet and the South 61.47 feet: of the North 238 feet of the East
1.2::.66 feet) in Sect1.on 14, Townsh1.p 46 South, Range 42 East; and,
WHEREAS, 3erlinger Handels-iJnd is the fee simple owner af
the South 176.53 feet of the North 236.53 feet of the West 134.136
feet of the ~ast 277.27 feet (less the North 152.65 feet of rhe East
28.49 feet) of the Northeast Quarter INE 1! 4 ) of the Southeast
Quarter (5E 1/4) of the Southeast Quarter (SE i; 4 ) ,of Section 14,
Township 46 Sout:h, Ranqe 42 East; and,
.1
I , WHEREAS, the fee Simple owners as hereinabove named ha'/e
I \ requested by their pet:it1.ons to ha'le the prol;lerty herel.nafter
descr1.bed annexed into the municipal j,l.mi ts of the City of Delray
Beach; and,
I
WHEREAS, the subject property hereinafter described 1.S now
contiguous to the corporate lim1.ts of the City of Delray Beach, thus
making said petitions for annexat:ion effectlve at this ttme; and,
WHERE;',S , the designation of a zoning class1.ficat1.on 1S
part of t:he annexation proceedinq, and provl.sions of Land
Development Regulations Chapter Two have been followed 1n
es~ablishing the proposed zon1.ng designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171. 044 of tne
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.?ection 1. That the City Commission of the City ot Delray
Beach, Palm Beach County, Florida, hereby annexes to sa1.d Cl~Y the
to1low1.ng descr1.bed lands located 1.n Palm Beach County, Flor1.da,
which lies contiguous to said C1.ty to-W1.t:
~-~
That part of the Northeast Quarter (NE 1/4) ot: the
Sou~heast Quarter (SE 1/4) lying Soutn of the L-33
Canal, West of State Road 809 and North of State
Road 806 Rights-of-Way (less the West Half (W 1/2)
of the Northwest Quarter INW 1/4) , Nort:herly 6~^
<.u
feet or Easterly 615 feet, that part as in OR 3749
Page 829, (KIA L-1 Thru L-8 and Eastecly 3 feet: of
State Road 809 Right-of-Way): together w1.th,
ORD. NO. 7-91
- 3 -
.
~
=
;1
;1 East 166.41 feet of the Norch 262 feec of the East Half (E
1/2) of che Northwest Quarter (NW 1/4) of the Soucheast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), (less
I the North 30 feet of State Road 806); together with,
I The Easterly 133 feet of the West 155 feet of che North
1 240.91 feet ly~ng South of State Road 806 right-of-way of
I East Half (E 1/2) of Northwest Quarter (NW 1/4) of
Southeast Quarter (SE 1/4) of Southeasc Quarter (SE 1 4);
together with,
:i The North 197 feet of the East 220 feet: of the South 610
feet of that part of the Northeast Quarter (NE 1/4) of the
Soucheast Quarter (SE 1/4) ly~ng West of State Road 809
and North of St:ate Road 806 road rights-of-way; together
t~Ji th,
The North 148 feet of t:he South 413 feet of the East 220
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quart:er (SE 1/4) lying West of State Road 809
I and North of State Road 806 road rights-of-way (less the
I Easterly 2.50 feet of State Road 809 right-of-way;
i together with,
The South 220 feet of the East 200 feet of that pare of
the Northeast Quarter INE 1/4) Southeast Quarter ISE 1/4)
lying West State Road 809 and North of State Road 806 road
rights- of-way Iless the Westerly 5 feet and Southeast
triangle corner of State Road 809 road right-of-way;
together wich.
The South 240 feet of the West 153 feet of the East 353
feet of that part of t:he Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North at State Road 806 road rights-of-way; together
\.i th,
The South 240 fee of the West 152 feet of the East 530
feet and North 220 feet of the South 240 feet of the West
20 feet of the East 550 feet of that part of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying
West of State Road 809 and North of State Read 806 road
rights-of-way; together with,
The South 187.99 feet of the West 220 feet of the East 830
feet of that part of the Northeast Quarter INE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The South 161.33 feet of the West 174.06 feet of the East
1004.06 feet of that part of the Northeast Quarter (NE
1/4) of the So~theast Quarter ISE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The South 161.57 feet of the West 196.42 feet of the East
1226.02 feet of that part of the Northeast Quarter (NE i
I
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The Northerly 620 feet of the Easterly 615 feet of that
part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of
and adjacent to the L-33 Canal right-of-way; together
with,
ORD. NO. 7-91
- 4 -
I
I
!
-......--_._-
I
I The East Half of the Northwest Quarter (NW 1/4) of the
i,.,. Southeast Quarter (SE 1/4) of the Southeast quarter (SE
. 1/4) lying South of State Road 806 (less the Easterly 133
I feet of West 155 feet of the North 240.91 feet and the
'I East 166.41 feet of the North 262 feet); together wlth,
The Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) (less road
rights-of-way for Military Trail and Delray Road West and
North 176.53 feet of the East 207.52 feet and the South
61.47 feet of the North 238 feet of the East 122.66 feetl
in Section 14, Township 46 South, Range 42 East; together
with,
The South 176.53 feet of the North 236.53 feet of the West
84.86 feet of the East 277.27 feet Iless the North 152.65
feet of the East 28.49 feet) of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of the Southeast
Quarter (SE 1/4) of Section 14, Township 46 South, Range
42 East.
PARCEL "B"
il The West Half IW 1/2) of the Southeast Quarter (SE 1/4) of
, the Northwest Quarter (NW 1 i 4) of the Southeast Quarter
(SE 1/4) (less State Road 806 right-of-way): together
with,
The Westerly 334.47 feet of the Northerly 251.02 feet of
I the Southeast Quarter (SE 1/4) of the Southeast Quarter
\ (SE 1/4) (less the Northerly 21.02 feet State Road 806
right-of-way); together with,
Breezy Acres Lot 1 (less State Road 806 right- of-way);
together wl.th,
Breezy Acres Lot 2 (less State Road 806 right-of - way);
together with,
Breezy Acres Lot 3 (less State Road 806 right-of- way);
together with,
Breezy Acres Lot 4 (less State Road 806 rl.ght-of- way).
PARCEL "C"
The West 28.49 feet of the East 220 feet of the North
192.20 feet and a triangular part of the East Half (E 1/2)
of the Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) as in OR 4462
Page 1034 (less the North 39.55 feet of State Road 806 and
the East 40 feet of State Road 809 road rights-of-way) in
Section 14, Township 46 South, Range 42 East; together
with,
The Westerly 121.51 feet of the Easterly 191,51 feet of
the North 192.20 feet of the East Half (E 1/2) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4) as in OR 6307 Page 1971 (less the North 39.59 feet
State Road 806 road right-of-way); together with,
The South 108 feet of the North 298 feet of the West
122.66 feet of the East 192.66 feet of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
Section 14, TownShip 46 South, Range 42 East; together
with,
- 5 - ORD. NO. 7-91
.
_____ _~. n__ ~_. ___ _.~ - ~.- ~---- ----~---
----.----.----- ...---.------.- --.-,---.- _ __~_. _u______. -- ~_.. -.-----
The East Half (E 1/2) of the Southeast Quarter (SE 1/4)
of the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4), LESS State Road 806 right-of-way.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described as Parcel "A" is hereby declared to be in
Zoning District PC (Planned Commercial) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described as Parcel "B" is hereby declared to be in
Zoning District POC (Planned Office Center) as defined by exist-
ing ordinances of the City of Delray Beach, Florida.
Section 5. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described as Parcel "C" is hereby declared to be in
Zoning District GC (General Commercial) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 6. That the land hereinabove described s ha 11
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 7. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 8. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 9. 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 10. That this ordinance shall become effective
on May 1, 1991.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading - 6 - Ord. r:o. 7-91
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ'lt1
SUBJECT: AGENDA ITEM # qs. - MEETING OF APRIL 23, 1991
AUTHORIZATION TO SUBMIT GRANT APPLICATION/RESOLUTION
NO. 33-91
DATE: April 17, 1991
This item is before you to authorize staff to submit a grant
application to the Florida Department of Natural Resources (DNR) for
our beach erosion control projects. DNR provides, on a reimbursement
basis, 75% of the cost of local beach erosion control projects. This
application will be for funding for Fiscal Year 1992/93. The deadline
for submittal is May 1, 1991. We are proposing to complete the
following projects should grant funding be made available:
-Environmental monitoring of the beach nourishment project.
-Beach monitoring surveys to assess the performance of the
beach nourishment project.
-Sea Turtle Conservation Program for 1992.
-Dune revegetation and expansion of foredune area.
-Dune overwalks.
It is estimated that these projects will cost $242,350. We are
requesting $181,762.50 from the DNR. Our share, $60,587.50 is
available in the Beach Erosion Control Fund.
Additionally, a Resolution is required as part of the application.
Resolution No. 33-91 has been prepared for Commission consideration.
Recommend approval of request to submit a grant application to the
Florida Department of Natural Resources and adoption of Resolution
33-91 which requests funding for Fiscal Year 1992/93 for our beach
erosion projects.
I RESOLUTION NO. 33-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE
FISCAL YEAR 1992/93 BIOLOGICAL MONITORING, BEACH
MONITORING, DUNE OVERWALKS AND DUNE REVEGETATION.
WHEREAS, the City of Delray Beach, Florida, is committed
to a fifty (50) year program of Coastal Restoration and
Preservation; and,
WHEREAS, the State of Florida Statute 161.091 provides
for reimbursement of certain costs to local sponsors of Beach
Nourishment Projects; and,
WHEREAS, the City of Delray Beach has a successful,
ongoing beach nourishment and maintenance program; and,
WHEREAS, the City of Delray Beach wants to continue its
beach program; and,
WHEREAS, the continuation of the beach program requires
the following work to be carried out in FY 1992/93:
(a) Biological Monitoring - Post construction monitoring
of the reef and nearshore environment as required by
State permits for the beach nourishment project.
Sea turtle monitoring and conservation program.
(b) Beach Monitoring - Yearly assessment of beach
nourishment project performance as required by State
permits.
(c) Dune Overwalks - Construction of dune overwalks as
recommended by the Comprehensive Plan and Beach
Access Study.
(d) Dune Revegetation - Installation of additional
vegetation to restore the existing dune and enhance
the foredune.
WHEREAS, the Department of Natural Resources is
authorized by Chapter 161 to assist in funding of the above
mentioned types of projects,
NOW, THEREFORE I BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach, Florida,
hereby requests $181,762.50 in funding assistance from the
Department of Natural Resources for FY 1992/93.
PASSED AND ADOPTED in regular session on this the 23rd
day of April, 1991.
MAY 0 R
ATTEST:
. City Clerk
4 ( Jel "11
CITY COMMISSION DOCUMENTATION
TO: David T. Harden, City Manager
FRW- John Walker. Project COOrdinatoJ-!- ttJ~
DATE: April 10, 1991
SUBJECT: MEETING OF APRIL 23, 1991
APPLICATION FOR STATE FUNDS, FY 92/93
ACTION REQUESTED OF THE COMMISSION
The action requested of the City Commission is that of
approval of a resolution requesting funds from the State
of Florida in FY 92/93 for beach erosion control
activities.
BACKGROUND
Funding is available from the State of Florida, through the
Department of Natural Resources (DNR) for beach erosion control
projects. These projects are eligible for funding consideration
under the provisions of Section 161.101, Florida Statutes.
Applications are made to DNR for inclusion in their budget
request to the Legislature. When appropriated, funds are
available on a reimbursement basis. Applications for funding in
FY 92/93 must be received by DNR by May 1, 1991.
DNR will reimburse 75% of the cost of projects. This application
requests $181. 762.50 from the State. The local share,
$60,587.50, will be available in the Beach Erosion Control Fund.
Activities in this funding request include:
- Environmental Monitoring which will be required by permit
as a one-year follow up to the beach nourishment project.
- Beach Monitoring surveys to assess the performance of the
beach nourishment project one year after construction.
This activity is also required by permit.
- Sea Turtle Conservation Program for 1992.
- Dune revegetation to replace plantings which have been
damaged by disease and freezes in recent years and to
expand the foredune area.
City Commission Documentation
Application For State Funds, FY 92/93
Page 2
- Dune overwalks based on the beach access study being
completed by staff. This is an item of some controversy
in the City. The access study, including recommendations
for dune overwalks will be presented to Commission in the
near future. If the recommendations are approved by
Commission, staff will proceed to final designs and
construction after additional review by Commission.
Approval of this funding application will not be a blanket
approval of dune overwalks. Due to the long lead time of
funding requests, this application must be submitted prior
to completion and approval of project designs.
RECOMMENDED ACTION
By motion, approve the resolution requesting State funding in FY
92/93 and authorize the City Manager to submit an application for
funding assistance to the Department of Natural Resources.
JW/lh
c: David Kovacs
JW/#2/CCDNRFUND2.TXT
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF BEACHES AND SHORES
APPLICATION FOR FUNDS UNDER PROVISIONS OF
CHAPTER 161, FLORIDA STATUTES
BEACH EROSION CONTROL
For Fiscal Year 1992-93
Part I: Applicant Identification
1. Project Identification: Delray Beach Erosion Control Project
,
2. Applicant Identification:
A. Applicant Name:
City of Delray Beach
Address: 100 N.W. 1st. Avenue
Delray Beach, FL. 33444
Telephone No.: (407) 243-7000
B. Name of Project Liaison Officer: John Walker
Telephone No.: (407) 243-7121
c. F.E.I.D. #59- 6000308
3. project Engineer:
A. Name: Coastal Planning & Engineerini. Inc.
Address: 2481 N.W. Boca Raton Boulevard
Boca Raton. FL. 33431
Telephone No.: (407) 391-8102
4. This application must be submitted with a resolution
adopted by the applicant governing body.
Date and Number of Resolution:
5.
Signature of Head of Applicant Governing Body Date
DAVID T. HARDEN, City Manager
Type: Name of Head of Applicant Governing Body
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF BEACHES AND SHORES
APPLICATION FOR FUNDS UNDER PROVISIONS OF
CHAPTER 161, FLORIDA STATUTES
BEACH EROSION CONTROL PROGRAM
For Fiscal Year 1992-93
Part II: Proposed Project Description and Justification
1. Project Identification: Delray Beach Erosion Control Project
,
2 . Upland Property Ownership: Federal state x
Private Local x
3. Narrative Description of Project: (Use separate pages
if necessary)
(SEE ATTACHMENT)
4. Provide as Attachments:
1. Project site plan.
2. Map showing project site erosion control line, if
applicable, DNR Coastal Construction Control Line,
public access, and public parking spaces.
3. Legal description.
4. Copy of DER, DNR, Corps or other project
environmental or construction permits.
5. Copy of project site ownerShip documents, if
available.
6. One set of project plans and specifications
prepared and signed by project engineers as they
are available.
7. A detailed estimated project budget based on
project activity cost on page 3 of this
application.
8. Copy of sand source study if applicable.
9. Copy of marine habitat study if applicable.
5. Narrative Description of Project Need: (Use separate
pages)
(SEE ATTACHMENT)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF BEACHES AND SHORES
APPLICATION FOR FUNDS UNDER PROVISIONS OF
CHAPTER 161, FLORIDA STATUTES
BEACH EROSION CONTROL PROGRAM
For Fiscal Year 1992-93
Part III: Estimated Project Cost
1. project Cost:
.
A. Requested from Federal Sources: $ -0-
B. Requested from State Sources: 181,762.50
C. Available from Local Sources: 60,587.50
D. Total Estimated Project Cost: -z4"2;j50.00
Federal Funds Authorized Federal Application Submitted
Yes_No X Year Yes_____No~(If yes, attach
-
copy of Federal
Application)
2. Project Cost by Activity:
A. Studies:
Research $ Sand Search $
Economic $ Monitoring:
Biological $ 96,600.00
Beach $ 30,000.00
Other $
B. Construction:
Beach Restoration $
Beach Nourishment $
Dune Overwalks $ 90,750.00
Sand Transfer $
Dune Construction $
Revegetation $ 25,000.00
Protective Walkways $
Other $
Note: If other, explain the proposed activity and give
the estimated cost of each activity on separate
page(s).
CITY OF DELaAY BEACH
REQUEST FOR EROSION CONTROL FUNDS
FY 92/93
1. BIOLOGICAL MONITORING
ONE YEAR ENVIRONMENTAL FOLLOW-UP
This study will cover at a minimum the environmental monitoring
one year after beach nourishment construction by the FDER permit.
Environmental stations will be reestablished and monitored. The
site will be photographed; water samples will be taken at each
site to monitor turbidity; assessment of the condition of hard
corals (those most affected by sedimentation) will be done; the
reef between stations will be observed by divers. Infauna
sampling and comparison will be conducted in the borrow area and
beach as required by FDER.
SEA TURTLE NEST MONITORING AND CONSERVATION PROGRAM
This is a yearly activity to provide research data and conserve
wildlife. Nesting surveys are conducted at dawn each day from
April 20 through the end of the hatching season. Turtle crawls
and nest locations are recorded. Endangered nests are relocated
to safe areas of the beach (record of nest date and size is
kept) . Nests not defined as endangered are protected in situ.
Upon hatching, a full record of hatching data is made. A final
summary report will be produced, including data from the current
year and comparative data since program inception (1984). An
educational component is provided for the public including
evening nesting walks, lectures and printing and distribution of
information brochures. Objectives of the program include:
- To provide research data for sea turtle nesting on
renourished beaches. Comparative data in sequential years
is required to judge the reaction of nesting turtles to
renourished beaches.
- To protect nests from disturbance by pedestrian traffic,
beach cleaning operations, and disorientation by
artificial lights. The hatching success for both
relocated nests and those protected in situ exceeds 92%.
- To provide an educational opportunity for the public,
increasing understanding of the habits of endangered sea
turtles and and ways to protect them.
1
.
CITY OF DELRAY BEACH
REQUEST FOR EROSION CONTROL FUNDS
FY 92/93
II. BEACH MONITORING
This study assesses the performance of the beach nourishment
project one year after construction as required by the FDNR
permit. Topographic and hydrographic surveys will be conducted
along profile lines throughout the project area from the land
ward side of the dune seaward to an elevation of (-)30 feet. a
report will be produced to present:
- Evaluation of volumetric changes since construction.
- Long term erosion/accretion trends since project inception
in 1973.
- Grain size distribution analysis comparing original beach
sand, sand used in beach nourishment and current sand to
assess performance of the beach fill.
- Evaluation of surficial sand samples compared with 3 foot
sand cores at the same location along two contour lines.
- Evaluation of dune growth.
- Summary of monitoring data as required by FDNR.
III. DUNE OVERWALKS AND REVEGETATION
DUNE OVERWALKS
This project will eliminate three existing cuts through the dune
used for pedestrian access and replace them with dune overwalks
as part of a long-term program to improve beach access. Existing
pedestrian access to the beach is through the dune at controlled
points retained as a dune system was built up since the initial
beach restoration in 1973. These gaps in the dune reduce the
overall effectiveness of the dune for storm damage protection.
Walkover structures will allow gaps to be closed and eliminate
erosion by foot traffic while providing better protection for
dune vegetation. An overall master plan is being developed as
directed by the City's Comprehensive Plan to replace all
"walkthrough" pedestrian access points with dune crossovers.
This project represents one phase of that plan.
2
CITY OF DELRAY BEACH
REQUEST FOR EROSION CONTROL FUNDS
FY 92/93
DUNE REVEGETATION
This project will expand on the existing program to recreate and
maintain a functional dune system. The foredune will be expanded
and areas where vegetation has been damaged in recent years by
disease and freezes will be revegetated. Particular attention
will be paid to increasing the diversity of species in the
pioneer and scrub zones, as well as increasing plant density
throughout the dune area. As this will be immediately after a
nourishment, the more dune vegetation is established the greater
the rate of sand accumulation in the dune area.
PROJECT COSTS
Total Cost State Local
Environmental Monitoring
One-Year Follow-up $ 78,600.00 $ 58,950.00 $ 19,650.00
Sea Turtle Program $ 18,000.00 $ 13,500.00 $ 4,500.00
Beach Monitoring $ 30,000.00 $ 22,500.00 $ 7,500.00
Dune Overwalks $ 90,750.00 $ 68,062.50 $ 22,687.50
Dune Vegetation $ 25,000.00 $ 18,750.00 $ 6,250.00
----------- ---------- -----------
TOTAL $242,350.00 $181,762.50 $ 60,587.50
JW/'2/DNRFUNDS.TXT
3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # Cf ~ - MEETING OF APRIL 23, 1991
STREET LIGHTING/FORMER ISLES OF DELRAY
DATE: April 17, 1991
This item is before you to determine whether or not the City wants to
assume responsibility for lighting a private street within the former
Isles of Delray development. Currently, no street lighting is
provided for Enfield Court. Four (4 ) poles are in place, however,
service has been discontinued. As the developer of the project
abandoned the site after only four or five homes were constructed and
there was no homeowners association in place to maintain the common
areas, including street lighting, the bills for lighting went unpaid.
As there have been several burglaries in the neighborhood, staff has
recommended that we assume the lighting costs.
The City Attorney's Office was asked to prepare an opinion on this
matter. That staff report is attached as backup material for this
item. In 1979 the Attorney General issued an opinion that a
municipality may not expend public funds for maintenance or repair of
private roads within the municipality. Whether paying the electric
bill for the operation of street lights would be considered
maintenance or repair is a difficult question. The City Attorney's
Office however, advises that the City should not pay for street lights
on Enfield Court unless it is made a public street.
e~
(6-5 ~^-
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD ~/~
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL, P.E.
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: APRIL 1, 1991
SUBJECT: STREET LIGHTING - FORMER ISLES OF DELRAY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
As a fOllow-up to our discussion at DSMG, David Kovacs has
confirmed that Enfield Court, in the former Isles of Delray, is a
private road. As we discussed, the developer of the project
abandon the site after only 4 or 5 homes were constructed. There
is presently no homeowners association to maintain the common
areas, including street lighting.
When I discussed this matter with David Kovacs, he recommend that
the City assume the lighting cost because:
l. We understand there has been several burglaries
in the neighborhood.
2. There are four (4) street lights on the block.
3. He indicated we have done this before.
If you are in favor of this, please advise and I will notify
Florida Power and Light.
M
MG:kt
cc: File: MGDHSL - 1991 Street Lights
Interoffice Memos: Memos to David T. Harden, City Manager
Attachment
CITY RTTORNEY'S OFFICE TEL r',j[l. 41J7 278 4755 Rpr 19,91 9:22 P. el2
-
~I"
[IT' OF DELAAY BEA[H,,~
r ; .','I'I.:,,!,:II" ,i':,'r.~I,:'~::,~:~'I'+'"
CITY AnORNEY'S OFFICE ~10 S.I~. hi S'fIU:.ET. SlllTE 4 . DELRAY lH:ACH, l'U)}{Jl)A 3J4tl3
407/243-7090. TELEcorIFR 407/271)-4755
MEMORANDUM
, .
Date: April 17, 1991
To: City commission ~
From: David N. Tolces, Assistant City Attorne
Subject: providln~ Street Lighting for Isles of Delray
A request has been made :by some homeowners in the Isles of
Delray regarding the possibility of the City expending funds to
pay for electricity to operate street lights in their sub-
division. At th1s time, the streets within the Isles of Delray
are private, and there is no homeowner.s association. The
lights have been turned off due to the nonpayment af the
electric bill.
Attached is a copy of an Attorney General's opinion from 1979
which answered a similar question proposed by Delray Beach.
The Attorney Generalt s opinion was that, a municipality may not
expend public funds for maintenance or repair of private roads
wi thin the municipality. The reasoning being that expenditure
of funds for maintenance of private roads does not serve the
"public purpose" requirements of s. la, Art. IX of the Florid.a
Constitution.
Whether paying the electric bill for the operation of street
lights would be considered maintenance or repair is a difficult
question. However, when one considers tha.t the streets in the
area are private, the money spent for the street lights would
be for a "private purpose". Therefore, this office is of the
opinion that unless the City desires to take over these roads
and make them public, the City may not expend its own funds to
pay the electric bill tor the operation of street lights on
private roads within the Isles of Delray, as such an exPendi-
ture would not be for a public purpose.
ONT:sh
Attachment
cc: David Harden, City Manager
CITY ATTORHE'y' 'S OFFICE TEL ~jo . 407 27S: 4755 Apr 19,91 8:31 P'.03
. J;
. - - ..
GENERAL ANNUAL REPORT OF T}U: ATIORNEY GENERAL 079-14
.-.'''....-
together. 079-14-Febru.ary 16. 1979
Florida, as amended by Cbs.
I sovereign immunity from MUNIClPALrrIm-PtJ'BLlC FUNDS
'ubdivisiOn8," to the extent
for the state and its agencies MUNICIPALITY NOT AUTHORIZED TO EXPEND PUBLIC FUNDS
lt by one person or $100 000 TO REPAIR PRIVATELY OWNED ROADS OR STREETS
'~ence, B.,ction 768.2a(6)~ In To: Roger G. Sa~,-,on, City Attorney, Delroy B<<JCh
>divisions shall be held Prepared by: Jerold S, Price, A88tBfg~t AUo;-n~ General
~erlld ll' , result of any QUESTION:
lployment or function
aith or with malicloll; c.n .. City sCJtnd cubU<: funds to maIntain privately owned ~trCet8 In a
II disre,srd of human
:mitations set forth in retldentlal,u vis 00 located within the city without violating s. 10. Art.
It whith is rend@red in Vll of the State CoDBtJtuUon'l
gent. ohlle Iltste which SUMMARYl
within the '~ope of his
A mlJDJe1~ty may lIot ....Wfull& expend pl.Iblic (undfi to n'~Q1J' or
768,28(2), po, S" to include: maln~ I':!.VlItely owned .-0. or streets 10Cllted with n the
muoJclpall y. Any expeudltute of public funds must be for a prlmarUy
jitial branth. and the C"bllC PUl'pOIIe., With ollly incidental or secondary benefit to private
d municipalitill!lj and ~reN.
19~ncies of the state, I must ~itlt out, first, that onlJi the CQutU. not this office. can officia.lIy determine and
rule whet er a particular expen 'ture of funds by a mUllictalit? violli~sl;, 10. Art. VII,
Ider s, 374.011, F, S., as a or any other provleion of the State Constitution. Short 0 judlcial adjudication of this
matter, it i. pn~ and initially ,our retpOnaibility all city attorney to advis~ the city
Natural Resourt.ea, Section council u to the validity of a particular expenditure or the likli'lihood that it might be
-ation shall be vested in a ruled unconatltutloD$1 by the COlU'tI, '
'r the G1:Jvernor." Pursuant You stated In ~ur letter that the roalU or &treets in question are "private streets" and
>Were that include. but are that they 8.1'lt "privat.ely owned." Given this premiae, it is certllinly to be presumed that
led; to leSM, levy, llcqwre, maintenance or repair of lIuc:b private streets would be the responsibility of the private
an~ dismisa employees; to owne1'll thereof. TIie tetlt for any expenditure of public fundI; b)' it municipality or other
~qulre 'f:a te landa; to exact governmental entith in thi. atate lS whether the expenditure is (or a purpose which
primarily benefits t e lublic, with any benefitB to pnvsU! interests being only incidental
f@gulatlons lJoverning the and secondary. O'Nei v, l3uro.s. 198 So.2d 1 (FIll. 1967), 1 Q8SUme that in milking the
Inal Al,lthor-ity is a public varioWl reference. to "private .treets" and "privately ()wned streets" in your letters you
have determined that gO mUQicipal or gublic right to u~c of or easement '(lVE'T !Ouch toads
~es a rl.' Ilts te DIEters and Or l!Itreets exists or baa arleen. such as y ~relCttive eQSottlCut. common law deditation,
iuant to the Governmental or o~raUon of law. 8ft AGO', 07U8 an 073. 2 for di~uS8ion of the several ways in
20.25(6), F. S" the Canal whic a municipali\1 or the public (as distinct from the mllnic~ality) may gain the right
eSOUrtes by a "type one" : I to ute land fO~\lb c roadway Jurposes. In any event, such cterminatlOns, II!;! pointed
~rU out in AGO 8-88. are mUt ~etltionll of faet and l&.w which this cftke cannot
o~ an existing agency d.etAnnine. If IIIlY 8\tch (8.Cton UJst, it is your teaponsibility to establi!lh them and to
ap~1y to them the lepl princifles referred to hereIn.
~tlons transferred or ased OD your .tatemeut 0 the facts involved., your question appear!! to have be~n
lttment. Any agency answered by AGO 078,.222. Althou.gh- that OYiiniOb concerned maintenance of roads by a
.enceforth exerdse its county, the home rule ~Wertl of municipa ity aN! of no ren! signi1icftnce here. as the
lbject to review and matter at issue 11 eontrO eel by constitutionalla"" and the fundamental doctrine of public
d of the department. purpolle, In AGO 07lJ..2U, the question wu; "May a coun~ provide minor work or
repairs on private roads and e:a::~d county fuudA therefor?" e answer to that question
if1l!,le to participate in the was in the QeSlltive. It wu .tated ig thElt opinion:
, 078,166 ("the Canal The fundamental criterion for the expenditure of county funds is that such
fatursl Resources and its
)ent,"): AGO 074.17 (Canal e"rnditure willllerve a county as contrasted to a rrivllt.e purpose, Article VII,
'al iovernment withill the .' ,State Const., iml)lied1y limits the imposition of tllltea and the expenditure
Reporting Act), of tax revenues to public pW'p(l8lls.
y is 8 "lll.8te agency or This ~riDcrele of coDlltitutiQUtll law applies with e~~l effect to municipalitielJ llnd
S. Therefore, its officers, munic pal und.s, It was further &t.aUld In AGO 073-22 thllt U[a] ptivate road is, by its
very nature, Dot available to the public, and the public h~ no right to trovel by motor
31
CITY RTTOR~~E\( 'S OFFICE TEL No . 407 278 4755 Rpr 19,91 8:32 P.04
. . .
II -
'.'
079-16 ANNUAL REPORT OF THE A'rroRNEY G~NERAL -
vehicle thereon. ThJa beil:lf the case, the repair or ma.lntenllnce of s\lch a roa.d eannot education
serve a public or oounty puc:se," {Emphasis 8up~lled.} In O'Neill v. Burns, 198 So,2d 1, partldf.aJl
I; 4 (Fla. 1967), the Supreme urt apt,lied the r,ro iblt.lon$ of s. 10, Art. IX, StaLe CODal. ~romu gat
1886 (the pred.e(lt$$Or of current 8, 1 . Art. VIl . to a proposed grant of state funds to the .dUtles
Junior Cliamber of Commerce and ~uoted with Ilpproval the following analysis of the lef:latlve
public pur~ doctrine al stated by he trl.1 court; al other l
i codee, lnt
r It ii only when there Is eome clttc1rly identified and concttte hublle purpo..~e as bulldlng F
i the primafL objective and a te.,onable expectation that sue p'fJiose will be
substantia y and effectively aeeornSlilihed, that the state or itB BU ivi8ic'I ma)' Your que$tio:
disburse, loan or ~Iedge public fun Ii or lroperty to II non,~overnmenta 1 entity Chapter 235,
$l,lch all a non.pro t corporation . . . ,{ mphasls supplied. Uniform Build
SulJilectlon (1)
See ol,o Brumby v, City of Clearwater, 149 So, 203 (FIll., 1933), wherein the cO\lrt found edl.1cationlll Cac
invalid \\ contract entered into by a munlclpali;n- and ft ~rivnt(J il1dividul>ll, under which All edu(
the muni~ality wal to dredge a channel lea ing to t\1: private il'1dividual'3 place of
bWlIne8lt, e court found such an expel1diture of munici~al funds to he violative of s, 10, Uniform 1
Art. lX, State Conet. 1885 (which, for the pUrpolOes of t is opinion, was ellsentillll)' the be exemp
I same u present $, 10. Art. VII. State Conat.), lllO beinli for ~rimarilY private purlkose jnterpret~
i C(. Padgett v. Bay Countl 187 So.2d 410 (1 D.C,A, la" 1 6); and Collins v, Jae Ron and ordin
COunty, 156 80.2<1 24 (1 D.(j,A. Fla.. 1963), in which, although the Iss1.\e had become moot
, ,- by the county's acquisition of title to the roads and incorporation of them into the coullty Thie exemptio
i road system durinJ the pendency of the suit, the District Court of Appeal empbasiwd at the uniform b
l 27 that its conclusJOn therein Willi "not to be construed as condoning the ex.penditurc of
f public fWlds 011 private property Ot the abuse of discretion that rl;!sults when publiC fund~ (9) Th
are expended for purpose. other than in furtherance of lawful objectives serVing the Constf'\lci
public neceeaity and oonven.le~," other cod
BaHd on the 8bove~ited authorities, I am of the OpiniOh that your %Ue!!tiOll as SUtt(:d construct
should be answered in the ll.esative, The ex~nditure of publi~ fund!! y a municipality and whe
to repair or maintain prillCte atreets (in which the mUl'.lieipality hlll:l no profoerty rights general J
or interest and over which the public has no easement or right to U6e 01' rOadWil\ conflict v
purposes Of to travel) would appear to contravene s. 10, Art, VII, Stllte Const.. nnd would
not meet the test of being for a primarily public purpose with only incidental pl'ivate Together. th~
benefit. for the constl
must be deal
I SactiollS 4C
079-15--February 22, 1979 procedures f
lItandarda m
COMMUNITY COLLEGES agency to II
promulgated
LOCAL BUILDING AND LICENSING STANDARDS DO NOT APPVf standardll er:
'- 402,307. Thl
WHEN CHILD-CARE CENTER 15 OPERA TED BY COLLEGE municiPlllit,
AS PART OF ITS EDUCATIONAL FACILITY necessarily
To: John W. McWhirter, Jr" Attom~. BD4rd o{ Trustees ot' Hillsburough Commu.ni!,' uniform cod
Collqe, Tampa , You quell.
Clln be appll
Pnpared by.' CrQi8 B. Willis. Assistant Attorney General is bein~ \11-
payoho Qgy
QU&sTION: t:rtidpant
. e.~plied
m:lo Hlllaborou,h CoUD~ require a child-care C4:!nter operated by the Bwl iD~ C~
H rough CommunJ~ liege lIS an edu~Uonal facility for its cbUd A we -ell
psychology aDd early. ucatioo 8tudents to COMi1y witl1 local licensing language if
standardS promul'8t:ed punuaot to .. 402.301.40 .316, F, 8.1 enactment
Brown, oM
SUMMARY: 1942); S~'
CODIJtn&CU.
HIlliiboroul'h CoW1~ lQay not require the HUI~bQrQugh Communlly implied, th
College to oomt,ly wit loeal uoeD8l~ standards I.n the eontltruction and Qr ita lubd
" :lel'ation by t e OOl1~8 or 8 chll -care facility which is ~ed as an communi\;J
uutional facility p manly to provide chUd psyc,holOCY and early whose prir
32
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM # '1~ - MEETING OF APRIL 23, 1991
ASSIGNMENT OF BASEBALL SCHOOL AGREEMENT
DATE: April 17, 1991
We have received a request from Michael Wiggins requesting assignment
of the current agreement with the Bucky Dent Baseball School to him,
along with an eight year extension of the lease. Mr. Wiggins
proposes to purchase controlling interest of the Baseball School from
Jerry Anderson and other minority partners. Section 8.01 of the
current agreement provides that written consent of the City is
required to assign or transfer the agreement.
The request for extension of the lease would allow Mr. Wiggins the
opportunity to recoup his investment in the Baseball School. The
lease agreement currently expires in 1998. If approved the extension
would expire in 2006. The agreement with the Baseball School has been
beneficial for both the school and the City. Not only do they run
excellent sports programs throughout the year, but have participated
financially in the upgrading of Miller Park.
Recommend approval of the request for assignment of the agreement for
the Bucky Dent Baseball School to Michael Wiggins as controlling
partner and extend the lease agreement until 2006.
~,~:uJt IiJ ~ ~
~kt~Q4~<<-
/Jt,. ~
'-
.
.
Agenda Item No.:
AGENDA REQUEST
Date: April 15. 1991
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 23. 1991
Description of agenda item (who, what, where, how much) : Consideration
to ,,<;>ed8" ,,"iI pvf'p"iI f'hp "8rppmp"f' hpf'ween the Bl1C"ky Dent Basehall ~("hnnl and the
Citv of Delrav Beach. Mr. Wiggins would be purchasing controlling interest from
Jerry Anderson and other minoritv partners. Because of the financial commitment.
Mr Wi ~gin!': ;!': n>qne!':ting the C"nrrent fifteen vear lease. to expire in 1998. be extended
to e~ in 2006.
ORD eEl RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend assignment of the agreement to Mr. Wiggins and an
i extension of the agreement to expire in 2006.
1
I
j Department Head Signature:
Determination of Consistency Comprehensive Plan:
.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
.
City Manager Review:
Approved for agenda: @/ NO JN
Hold Until:
Agenda Coordinator Review: ~
Received:
Action: Approved/Disapproved
Agenda Item No.:
AGENDA REQUEST
Date: April 15. 1991
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: April 23. 1991
Description of agenda item (who, what, where, how much) : Consideration
rn ~QQ;gn ~nn pvrpnn rnp ~grppmpnr nprwpen the Rucky Dent Baseball School and the
Citv of Delrav Beach. Mr. Wiggins would be purchasing controlling interest from
Jerry Anderson and other minority partners. Because of the financial commitment,
Mr Wiggin~ is requesting thp current fifteen vear lease, to expire in 1998. be exteIl;ded
to ex~ in 2006.
ORDI eEl RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend assignment of the agreement to Mr. Wiggins and an
extension of the agreement to expire in 2006.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Reviewj Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YESj NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (YES; NO ~'
Hold Until: //
I "
, , ,~
I'
Agenda Coordinator Review: ~ ' . t
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Assignment of Baseball School Agreement
DATE: April lS, 1991
Attached please find a letter from Michael Wiggins concerning
his buying controlling interest in the Bucky Dent Baseball
School. Mr. Wiggins would be purchasing controlling interest
from Jerry Anderson and other minority partners. Because of the
financial commitment, Mr. Wiggins is requesting the City to
extend the contract by approximately eight years, or the amount
of time the contract has been in effect, with the three to five
year extensions still in effect. The current fifteen year lease
is to expire in 1998. If the extension is approved it would
expire in 2006. It is my understanding that Larry Hoskin and
Bucky Dent will remain with the school in their present
capacities.
The agreement with the Bucky Dent Baseball School has been
beneficial for both the school and the City. Not only do they
run excellent sports programs through out the year, but have
participated financially in the upgrading of Miller Park as
evidenced by their financial participation in the renovation of
Little Fenway, and their pending construction of a major league
and multipurpose field as part of the expansion of Miller Park.
Basically the current agreement provides that in return for
using the fields at Miller Park to run sports programs between
8:00 a.m. and 3:00 p.m. Monday through Friday, the school
maintains the fields, but not the buildings or common areas. As
mentioned, they are also to construct a major league baseball
field and multipurpose field in the expansion area.
Section 8.01 of the agreement requires written consent of the
City to assign or transfer this agreement. I had asked David
Tolces to review the agreement and to advise of any other
possible requirements.
I have completed a background investigation of Mr. Wiggins with
the Florida Department of Law Enforcement and he has a clear
record (see attached).
I recommend this assignment and extension of the agreement be
approved and placed on the agenda for City Commission
consideration.
Jo
Di Parks and Recreation
cc: David Tolces, Assistant City Attorney
.lIIl~'
.#
"- ~ ., .- .~,~~
March 6, 1991 6IlCi\VEO t'~R 0 8 \99'
Mr. Joe Weldon
City of DelRay Beach
50 North West 1st Avenue
DelRay Beach, FL 33444
Dear Joe:
It was a pleasure meeting with you today and I hope to have many
more discussions in the future.
As you are now aware I am considering becoming a partner in "The
Bucky Dent Baseba II School". I have had several discussions with
Bucky and Larry to insure that we a II have the same commitment
and view of what the school is and should be do in g. I' m
confident we do and can achieve the next level and ultimately
become the finest baseba 11 school in the country - bar none!
The relationship The School has had with the City has been very
beneficial to both parties. I hope to continue and enhance this
as I'm sure additional opportunities will arise.
Due to the investment I am prepared to make, there are several
items in the existing lease that I would like you to consider.
1. Extend the lease for another 8 to 10 years with the 3-5 year
options remaining.
2. Transfer the lease to a new entity.
The first item is needed due to the investment required and the
number of years it will take to recoup this.
The second one is needed because there wi I 1 be a new entity
.
created with the equity divided among myself, Larry and Bucky. .
I
.
Buck and Larry are the school for a II practical purposes and I do
not intend to interfere with this. My role is one of financial
and business stability for the schoo I . ( I can't teach IB or SS
nearly as good as they can! )
Joe, thank you for your co-operation in this matter and I look
forward to working with you in the future. If there are any
questions, please do not hesitate to call me at 305-755-7468.,
.
.
[ITY DF DELIAY BEA[Ke:;.. 0
" ,', "J 8- :>
100 N,W, 1st AVENUE ,DELRAY BEACH, FLORIDA 33444 407/243.7000
~. . :~. -;-
March 18, 1991 ~e~
....,..,
Florida Department of Law Enforcement
Attention: Criminal History Records Inquiry Section
P.O. Box l489
Tallahassee, Florid8, 32302
To Whom It May Concern:
The following individual is under consideration to enter into a
contract with the City of Delray Beach. However, because this
contract involves youth instructional and recreation activities,
I request that a backgroun~ investigation be completed.
\.j
Name: Burrell Michael Wiggins
Driver License #: W252-073-58-096-0
\.\ Social Security #: 264-47-8742
Date of Birth: March 16, 1958
\ Sex: Male
),
't Race: Caucasian
Enclosed is a money order for ten dollars ($10.00) and a
self-addressed, stamped envelope for your response. I would
appreciate hearing from you as soon as possible. If you have
any questions, please contact me at (407) 243-725l. Thank you
for your assistance in this matter.
Sincerely, BASED ON THE INFORMATION PROVIDED
j:x' VL~(_ed On /~n<sJ..J- A SEARCH THROUGH THE FILES OF THE
FLORIDA DEPARTMENT OF LAW ENFORCE-
MENT HAS FAILED TO DISCLOSE PRIOR
Joe Weldon ARREST FOR THE NAMED SUBJECT.
Director of Parks and Recreation
/jmh
REF:JW07391.DOC
Enclosures
cc: David T. Harden, City Manager
Richard Lincoln, Interim Police Chief
THE EFFORT ALWAYS MATTERS
~
_ t~~ .
. . v
. . MEMORANDUM z
,
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Assignment of Baseball School Agreement
DATE: March 13, 1991
Attached please find a letter from Michael Wiggins concerning
his buying controlling interest in the Bucky Dent Baseball
School. Mr. Wiggins would be purchasing controlling interest
from Jerry Anderson and other minority partners. Because of the
financial commitment, Mr. Wiggins is requesting the City to
extend the contract by approximately eight years, or the amount
of time the contract has been in effect, with the three to five
year extensions still in effect. The current fifteen year lease
is to expire in 1998. If the extension is approved it would
expire in 2006. It is my understanding that Larry Hoskin and
Bucky Dent will remain with the school in their present
capacities.
The agreement with the Bucky Dent Baseball School has been
beneficial for both the school and the City. Not only do they
run excellent sports programs through out the year, but have
participated financially in the upgrading of Miller Park as
evidenced by their financial participation in the renovation of
Little Fenway, and their pending construction of a major league
and multipurpose field as part of the expansion of Miller Park.
Basically the current agreement provides that in return for
using the fields at Miller Park to run sports programs between
8:00 a.m. and 3:00 p.m. Monday through Friday, the school
maintains the fields, but not the buildings or common areas. As
mentioned, they are also to construct a major league baseball
field and multipurpose field in the expansion area.
Section 8.01 of the agreement requires written consent of the
City to assign or transfer this agreement. I have asked David
Tolces to review the agreement and to advise of any other
possible requirements.
I recommend that you consider this assignment, but before it is
placed on the agenda for Commission consideration I would like
to do a background investigation of Mr. Wiggins. Students from
all parts of the country are housed in dormitories owned by the
Baseball School so I think it is important that we know the
background of potential new owners.
Please review and advise.
Jo
Di Parks and Recreation
REF:JW06491.DOC
cc: David Tolces, Assistant City Attorney
,"
- . .
.' ..
March 6, 1991 .CI\VEO M~R G 8 '99'
Mr. Joe Weldon
City of DelRay Beach
50 North West 1st Avenue
DelRay Beach. FL 33444
Dear Joe:
It was a pleasure meeting with you today and I hope to have many
more discussions in the future.
As you are now aware I am considering becoming a partner in "The
Bucky Dent Baseba I I School". I have had several discussions with
Bucky and Larry to insure that we all have the same commitment
and view of what the school is and should be doing. I · m
confident we do and can achieve the next level and ultimately
become the finest baseball school in the country - bar none!
The relationship The School has had with the City has been very
beneficial to both parties. I hope to continue and enhance this
as I'm sure additional opportunities wi I I arise.
Due to the investment I am prepared to make, there are several
items in the existing lease that I would like you to consider.
1- Extend the lease for another 8 to 10 years with the 3-5 year
options remaining.
2. Transfer the lease to a new entity.
The first item is needed due to the investment required and the
number of years it wi I I take to recoup this.
The second one is needed because there wi I I be a new entity
created with the equity divided among myself, Larry and Bucky.
Buck and Larry are the school for a I I practical purposes and I do
not intend to interfere with this. My role is one of financial
and business stability for the schoo 1. ( I can't teach IB or SS
nearly as good as they can! )
Joe, thank you for your co-operation in this matter and I look
forward to working with you in the future. I f there are any
questions, please do not hesitate to ca I I me at 305-755-7468.
;j~eF'lIY' .~)
" I / I ,1
/. " .' " ,/' j
)~JbJ< I*~~
? <--j/#- ,. / :S'
~,'(ichael ;Wi..ggins "~"
I ~ )
.,.. ,~
l.' '_,-,___._..___
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJI'f1
SUBJECT: AGENDA ITEM # '7~ - MEETING OF APRIL 23, 1991
AGREEMENT BETWEEN THE CITY AND PROPERTY APPRAISERIS
OFFICE
DATE: APRIL 18, 1991
This item is before you to consider approval of an agreement
between the City and the Property Appraiser's Office for the
uniform collection of Stormwater Utility fees. The agreement
provides that the Property Appraiser's Office will supply to the
City, annually by June 1st, a non-ad valorem assessment roll.
The City Attorneyls Office has reviewed this agreement and has a
concern relative to certain language in the agreement which
indemnifies the Property Appraiser from any liability for errors
or other problems arising from the collection of the stormwater
utility fees or any challenge to the assessments. The Property
Appraiser refuses to accept any substitute or modifying language
to the indemnification provisions. If the City chooses to
continue with the uniform method of collection process, we will
have no choice but to enter into the agreement with the Property
Appraiserls Office as provided. The only other alternative is to
collect the fee ourselves. A staff report from the City
Attorneyls Office is attached as backup material for this item.
Recommend consideration of an agreement between the City and the
Property Appraiserls Office for the uniform collection of
Stormwater Utility fees.
5-0
CITY OF DELRAY BEA[H
CiTY ATTO~NEY'S OFFICE ~ i .
. ,
MEMORANDUM
Date: April 12, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Agreements with the Tax Collector's Office and
Property Appraiser's Office to Facilitate the Uniform
Method of Collection of Stormwater Utility Fees
Attached hereto are two different agreements which are required
by Chapter 197 of the Florida Statutes to accomplish the
Uniform Method of Collection of Stormwater Utility fees. One
agreement is with the Tax Collector's Office entitled, Non-Ad
Valorem Assessment Agreement, and the other entitled, Agree-
ment, is with the Property Appraiser's Office.
The Non-Ad Valorem Assessment Agreement between the City and
the Tax Collector's Office is acceptable to our office and we
would suggest in order to facilitate the collection of the
Stormwater Utilities Fees under the uniform method that this
Agreement be executed by the City. The Agreement states that
the City will pay the Tax Collector compensation for the actual
cost of collecting the Non-Ad Valorem Assessment as provided by
the Florida Statutes. In speaking with Buck Ward from the Tax
Collector's office, he estimates that the actual cost will not
exceed 1% of the fees collected. However, please be advised
that this is merely an estimate.
The Agreement between the City and the Property Appraiser's
Office, however, is troublesome in that Paragraph 2 and Para-
graph 6 requires the City to indemnify and hold harmless, the
Property Appraiser, from any liability for errors or other
problems arising from the collection of the stormwater utili-
ties fees or any challenge to the Assessments. Our office
contacted Willa Farrington, attorney for the Property Appraiser
who stated, to put it bluntly, that they would not accept any
substitute or modifying language to the indemnification provi-
sions and that if we did not like it, we could always choose
not to use the uniform method and collect it ourselves. Our
office explained to Miss Farrington that the indemnification
provisions would constitute, on behalf of the City, an improper
City Commission
April 12, 1991
Page 2
pledging of its credit to third parties in violation of the
constitution. Miss Farrington stated that this argument had
been raised by other governmental bodies in the past, and that
the Property Appraiser's Office has held firm and has required
an indemnification and hold harmless provision in all such
agreements. If the City chooses to continue with the uniform
method of collection process, we will have no choice but to
enter into the Agreement with the Property Appraiser's Office
as provided.
By copy of this memorandum to David Harden, City Manager, I
would like to inform you of a meeting to be held on April 25,
1991 at 2:00 p.m. at the Governmental Center where representa-
tives from the Property Appraiser's Office will present to
discuss various small coding changes to the 1991 Tax Roll and
to answer any questions regarding the procedures for 1991.
Further, our office would request that the City Manager place
these two Agreements on the City Commission Agenda for April
23, 1991:./1
~'~/
SAR ~ ~.
cc David Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Bill Greenwood, Director of Environmental Services
Richard Zuccaro, M.I.S. Officer
Rob Taylor, Deputy Director of Environmental Services /
Public Works
AGREEMENT
THIS AGREEMENT made and entered into this _ day of ,
1991, by and between Rebecca E. Walker, as Palm Beach County
Property Appraiser, hereinafter "Walker", and DELRAY BEACH
STORMWATER MANAGEMENT ASSESSMENT DISTRICT, hereinafter "Local
Government II ,
WHEREAS, Local Government is desirous of collecting its non-
ad valorem assessments(s) pursuant to the uniform method for the
levy, collection and enforcement of non-ad valorem assessments as
provided for in Section 197.3632, Florida Statutes; and
WHEREAS, Walker is desirous of entering into an agreement with
Local Government as described in section 197.3632(2), Florida
Statutes, for the provision to Local Government of the information
outlined in section 197.3632(3) (b), Florida Statutes;
NOW, THEREFORE, in consideration of the following covenants,
conditions and promises the parties agree as follows:
1. The above representations are true and correct.
2. Walker is entering into this Agreement without any
determination that Local Government is qualified to collect its
non-ad valorem assessments by the uniform method and Local ~
Government agrees to indemnify and hold Walker harmless from any
challenge thereto.
3. Walker agrees to provide Local Government with the
information described in section 197.3632(3) (b), Florida Statutes,
in compatible electronic medium by June 1, 1991.
4. Addi tionall~h Walker agreas t;:; TI'.ak6 available to
Local Government, should it desire to purchase it, an additional
.
.
list of the information described in section 197.3632(3) (b),
Florida Statutes, shortly before the September IS, 1991
certification date for Local Government to reflect the changes to
the assessment roll between said date and June 1, 1991.
5. In return for the provision of the information as
outlined in Paragraphs 3 and 4 above, Local Government agrees to
reimburse Walker, in accordance with Section 197.3632(2), Florida
statutes, for the necessary administrative costs incurred in
providing the information.
6. The parties acknowledge that, while Walker has taken
reasonable care to prevent such, some errors may exist on the
assessment roll provided Local Government by Walker. In
\,/
recognition thereof, Local Government agrees to release, indemnify
and hold Walker harmless from any liability for errors or any other
problems arising from the provision of the information to Local
-. -
Government.
7. The parties recognize Walker processes changes to
the assessment roll through a procedure known as Errors and
Insolvencies (E&I's). Walker agrees to provide a copy of each
E & I processed to Local Government. The parties recognize Local
Government has a process to make changes on its assessment roll.
Local Government agrees to provide Walker with information in
written form 1 on any changes it makes.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year above first written.
Lo~al Governm~nt
By
Rebecca E. Walker, as Palm
Attest: Beach County Property Appraiser
- . ' ,
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal sufficiency
and form:
City Attorney
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # q~ - MEETING OF APRIL 23, 1991
REQUEST FOR ADDITIONAL ARCHITECTURAL FEES/FIRE STATION NO. 2
DATE: April 17, 1991
In November 1990 we received a letter from Currie Schneider and
Associates which sought to invoke the contract provision which states
that if basic services covered by the Agreement have not been
completed within 18 months of the date of the execution of the
contract, through no fault of the Architect, extension of the
Architect/s services beyond that time shall be compensated and
computed using the Architect's hourly rates. According to Currie
Schneider and Associates, as of November 1, 1990, the hourly fees for
the bidding phase for Fire Station No. 2 was $12/135 and for the
construction administration phase $13,142.50, for a total of
$25,277.50. At that time it was indicated that they would accept
$20,000 as additional compensation for the two phases of work.
Subsequently, it was indicated that they would accept $15,000 as total
lump sum compensation for the bidding negotiation and contract
administration services phase of the contract. However, at the
request of Currie Schneider and Associates, that offer was never
brought before the Commission for formal action. On April 3 , 1991 we
received a request for $25,000 to be added to the present contract.
According to the breakdown provided the balance now due for bidding
and construction administration phases, as of March 27, 1991, is
$42,925. In addition, it is estimated that fees for April and May
1991 will total approximately $4,500. Currie Schneider is proposing
to settle for a lump sum of $25,000 to cover all services provided to
date, plus all additional services to complete construction.
~ J..{ 10 I C&lJc/..P1I OISSSnr)
[IT' DF DELIA' HEAEM
CITY ATTORNEY'S OFFICE 310 S.L 1 st STREET, SUITE 4 . DELRA Y BIACH, J.LORlDA 334R3
407/243-7090 . TELECOPJER 407/278-4755
MEMORANDUM
Date: April ,16, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Delray Beach Fire Station #2 / Currie Schneider
Request for Additional Money
In a November 9, 1990 memorandum from Currie Schneider and
Associates (Currie Schneider), Currie Schneider sought to
invoke the contract provisions which stated that if basic
services covered by the Agreement have not been completed
within eighteen (18) months of the date of the execution of the
contract, through no fault of the Architect, extension of the
Architect's services beyond that time shall be compensated and
computed using the Architect's hourly rates. The breakdown
contained in the November 9, 1990 letter for hourly fees for
the bidding phase up to November 1, 1990 was $12,135.00. The
hourly breakdown for the construction administration phase up
to November 1, 1990 was $13,142.50 for a total of $25,277.50.
Instead of seeking the approximate $25,000.00 dollar figure,
the letter indicated that they would accept $20,000.00 for
additional compensation for the two phases of the work.
Our office contacted Currie Schneider on January 3, 1990
regarding the $20,000.00 proposal. Mr. Schneider indicated
that Currie Schneider Associates would accept $15,000.00 as a
total lump sum compensation for the bidding negotiation and
contract administration services phase of the contract. The
matter to include the additional $15,000.00 for the above-named
services was scheduled for the January 8, 1990 Commission
meeting agenda, but Robert Currie asked that it be removed from
the agenda.
Subsequently, in a letter dated April 3, 1991, Currie Schneider
Associates asks for an 'additional $25,000.00 (instead of
$20,000.00 or $15,000.00), to be added to the present contract
amount. The letter indicates this sum would be the total
amount due and owinq on the contract.
City Commission
April 16, 1991
Page 2
Our office contacted Larry Schneider on April 12, 1991,
proposing a $20,000.00 amount to cover the entire contract. We
could not reach an agreement on the $20,000.00 figure.
The purpose of this memorandum is to give you a brief overview
of the discussions and memorandum regarding this matter since
November of 1990.
Please do not hesitate to contact our office should you desire
t cu s this matter further.
Attachment
cc David Harden, City Manager
Bill Greenwood, Director of Environmental Services
Mark Gabriel, Assistant Director of Environmental
Services/Engineering
."
4//,' /y-4~t~"",-- 41/,.:.!q/
Currie Architects, Planners
Sch neider & Interior Designers
Associates 25 Seabreeze
AlA, PA Delray Beach, FL
33483
April 3, 1991 it b ", 407/276-4951,737-2279
LEIVED 305/429-1566
Mr. David Harden APR8 1991
City Manager CITY MANAGER'S
CITY OF DELRA Y BEACH
100 NW 1 st Avenue OFFICE
Delray Beach, FL 33444
Re: DELRA Y BEACH FIRE STATION NO. 2 - 87446.06
Dear Mr. Harden:
In August, 1990, this office forwarded to Ms. Susan Ruby a letter pertaining
to enacting a portion of our current Agreement with the City of Delray
Beach for Fire Station No.2. Article 12.28 of our Agreement stipulates
that:
"If the basic services covered by this Agreement have not been completed
within eighteen (18) months of the date hereof, through no fault of the
Architect, extension of the Architect's services beyond that time shall be
compensated for as provided in subparagraphs 10.3.3 and 11.3.2.'
Since this Agreement was initiated on October 19, 1988, we have well
surpassed the eighteen month time frame, therefore, we are requesting
the enactment of Article 12.28 and associated Articles 10.3.3 and 11.3.2,
which state that:
'If the time initially established is extended, compensation for any services
rendered during the additional period of time shall be computed in the manner
set forth in subparagraph 11.3.2."
Subparagraph 11.3.2 indicates:
"For additional service of the Architect, compensation shall be computed as
follows..." listing the Architect's hourly rates.
The following are significant dates for this project:
October 19, 1988 CSA Contract Date
February 1990 Project out to bid
March 8, 1990 Bid Opening
April 17, 1990 18-month Time Frame Deadline (per contract)
May 8, 1990 City Commission Meeting to discuss Fire Station
May 31, 1990 Pre-Construction Meeting
June 6, 1990 Contract signed with General Contractor
August 13, 1990 Notice to Proceed to General Contractor
, May 10, 1991 Established Completion Date (approx. 13 mos.
beyond contract's original time frame)
FAX: 407/243-8184
Mr. David Harden
DELRA Y BEACH FIRE STATION NO.2. 87446.06
April 3, 1991
Page 2 of 3
With the current time schedule in mind, we would propose to readjust our
fees as follows; with the following breakdown of our employees' time
spent on the bidding and construction administration phases up to March
27, 1991 on an hourly rate basis:
BIDDING PHASE
Robert G. Currie 17.5 hours x S85/hour S 1,487.50
Larry M. Schneider 47.0 hours x S85/hour S 3,995.00
Jess Sowards 119.5 hours x S65/hour S 8,840.00
Norm Murphy 12.0 hours x S55/hour S 660.00
James Currie 5.0 hours x S35/hour S 175.00
Mark Hoffman 2.0 hours x S35/hour S 70.00
Thuy Shutt 1.0 hours x S35/hour S 35.00
April Ryan 12.0 hours x S35/hour S 420.00
SUB-TOTAL S 15,682.50
CONSTRUCTION ADMINISTRATION PHASE
Robert G. Currie 26.5 hours x S85/hour $ 2,252.50
Larry M. Schneider 60.5 hours x S85/hour S 5,142.50
Jess Sowards 417.5 hours x S65/hour S 27,137.50
Jose Aguila 88.0 hours x S65/hour S 5.720.00
Judith Pimentel 7.5 hours x S35/hour S 262.50
James Currie 12.0 hours x S35/hour S 420.00
Kevin Rountree 14.0 hours x S35/hour S 490.00
Kevin Layell 5.5 hours x S35/hour S 192,50
SUB-TOTAL S 41.617.50
GRAND TOTAL $ 57,300.00
Now, consider the fees allocated under the basic contract for:
Bidding $ 2,875
Construction Administration $11,500
Total $14,375
Total Time/Dollars Spent to Date $57,300.00
Deduct Contracted Amount -$14,375.00
Balance Now Due $42,925.00
Mr. David Harden
DELRA Y BEACH FIRE STATION NO.2. 87446.06
April 3, 1991
Page 3 of 3
This would be the amount due to us under the contract agreement, plus
the balance of the time left for April & May of 1991 to finish the project.
We estimate the fee for the remaining three months to be approximately
$4,500.00. This would, therefore, bring the total to $47,425.00. Based
upon these facts and our interest to resolve this issue in a manner which
is mutually beneficial, we would like to offer a settlement amount of
$25,000 to be added to our present contract amount.
We are enclosing copies of the time reports for personnel who spent time
on this project for the bidding and construction administration phase to
help you in your final decision. Please do not hesitate to contact this
office if you should have any further questions and, in the meantime, we
look forward to your recommendations regarding this issue.
Sincerely,
Sm~SSOCIATES AlA, PA
Lar M. Schneider, AlA
Principal
LMS/jp/446 \ harden2
Enclosures
cc: Susan Ruby, Esq.
Chief Kerry Koen
Mark Gabriel. P.E,
Robert G. Currie, AlA
Jess Sowards. RA
........~
CURRIE SCHNEIDER ASSOCIATES AIA PA
04/01 /91
Project Detail Report
Project-to-date thru 03/27/91
Project:87446.00
Name: Delray Fire Station
------- Hours -------
Descript ion Reg Ovt Total
00001 Currie. Robert 02/90 0.5 0.5
00001 Currie. Robert 03/90 3.5 3.5
00001 Currie. Robert 04/90 3.0 3.0
00001 Currie. Robert 04/90 4.5 4.5
00001 Currie. Robert 05/90 0.5 0.5
00001 Currie. Robert 05/90 5.5 5.5
Subtotal 17.5 17.5
00003 Schneider',. Larr 02/90 3.0 3.0
00003 Schneider. Larr 02/90 3.0 3.0
00U03 Schneider, Larr 02/90 1.0 1.0
00003 Schneider. Larr 02/90 3.0 3.0
00003 Schneider, Larr 02/90 2.0 2.0
00003 Schneider. Larr 02/90 5.5 5.5
00003 Schneider, Larr 03/90 2.5 2.5
00003 Schneider. Larr 03/90 1.0 1.0
00003 Schneider, Larr 03/90 10.5 10.5
00003 Schneider. Larr 04/90 1.5 1.5
00003 Schneider, Larr 04/90 2.0 2.0
00003 Schneider. Larr 05/90 1.5 1.5
00003 Schneider,. Larr 05/90 0.5 0.5
00003 Schneider, Larr 05/90 2.5 2.5
00003 Scl1neider, Larr 06/90 1.5 1.5
00003 Schneider. Larr 06/90 0.5 0.5
00003 Schneider. Larr 06/90 5.0 5.0
00003 Schneider. Larr 07/90 0.5 0.5
Subtotal 47.0 47.0
00028 Currie. Jim 02/90 1.0 1.0
00028 CurTi e, Jim 03/90 1.0 1.0
00028 Currie. Jim 05/90 0.5 0.5
00028 Currie. Jim 05/90 1.0 1.0
00028 Currie. Jim 06/90 1.5 1.5
Subtotal 5.0 5.0
00034 Sowards. Jess 02/90 13.5 13.5
00034 Sowards, Jess 02/90 8.0 8.0
00034 Sowards. Jess 02/90 5.0 5.0
00034 Sowards. Jess 02/90 14.0 14.0
00034 Sowards. Jess 02/90 1.5 1.5
00034 Sowards, Jess 02/90 7.5 7.5
00034 Sowards. Jess 03/90 15.5 15.5
00034 Sowards, Jess 03/90 7.5 7.5
00034 Sowards. Jess 03/90 1.0 1.0
00034 Sowards" Jess 04/90 11. 0 11. 0
00034 Sowards. Jess 05/90 5.0 5.0
00034 Sowards, Jess 05/90 2.0 2.0
00034 Sowards. Jess 06/90 2.5 2.5
1
.
00034 Sowardsl Jess 06/90 14.5 14.5
00034 Sowards. Jess 07/90 1.0 1.0
00034 Sowardsl Jess 07/90 16.5 16.5
00034 Sowards. Jess 07/90 1.0 1.0
00034 Sowards, Jess 12/90 9.0 9.0
Subtotal 119.5 119.5
00036 Nurphy, Norman 02/90 12.0 12.0
00046 Shutt, Thuy 02/90 1.0 1.0
00050 Ry-an, April 03/90 12.0 12.0
00051 Hoffman. Nark 06/90 0.5 0.5
00051 Hoffman, Nark 07/90 1.5 1.5
Subtotal 2.0 2.0
To t a I Labor 216.0 216.0
2
.
CURRIE SCHNEIDER ASSOCIATES AlA PA
04/01/91
Project Detail Report
Project-to-date thru 03/27/91
Project:87446.04
Name: Fire Station/Alternates
------- Hours -------
Description Reg Ovt Total
00001 Currie. Robert 02/90 1.5 1.5
00034 Sowards, Jess 02/90 6.0 6.0
00034 Sowards, Jess 02/90 5.5 5.5
Subtotal 11.5 11. 5
To ta 1 Labor 13.0 13.0
3
.
CURRIE SCHNEIDER ASSOCIATES AlA PA
04/01/91
Project Detail Report
Project-to-date thru 03/27/91
Project:87446.06
Name: Fire Station/Add. Servo
------- Hours -------
Description Reg Ovt Total
00001 Currie, Robert 08/90 0.5 0.5
00001 Currie, Robert 10/90 4.0 4.0
00001 Currie, Robert 11/90 1.5 1.5
00001 Currie. Robert 01/91 11. 0 11. 0
00001 Currie, Robert 02/91 9.5 9.5
Subtotal 26.5 26.5
00003 Schneider~ Larr 08/90 7.5 7.5
00003 Schneider, Larr 09/90 6.0 6.0
00003 Schneider. Larr 09/90 4.0 4.0
00003 Schneider, Larr 10/90 3.0 3.0
00003 Schneider, Larr 10/90 3.0 3.0
00003 Schneider, Larr 10/90 2.5 2.5
00003 Schneider. Larr 10/90 1.5 1.5
00003 Schneider, Larr 11/90 9.5 9.5
00003 Schneider, Larr 11/90 4.0 4.0
00003 Schneider, Larr 12/90 1.0 1.0
00003 Schneider, Larr 01/91 2.0 2.0
00003 Schneider,. Larr 01/91 1.0 1.0
00003 Schneider. Larr 02/91 6.0 6.0
00003 Schne i del', Larr 02/91 1.0 1.0
00003 Schneider, Larr 02/91 1.5 1.5
00003 Schne i del', Larr 02/91 1.0 1.0
00003 Schneider, Larr 03/27 0.5 0.5
00003 Schneider, Larr 03/27 2.0 2.0
00003 Schneider, Larr 03/20 3.0 3.0
00003 Schnei der.. Larr 03/13 0.5 0.5
Subtotal 60.5 60.5
00009 Aguila, Jose 11/90 0.5 0.5
00009 A gu i la, Jose 11/90 4.5 4.5
00009 Aguila. Jose 11/90 2.5 2.5
00009 Aguila. Jose 01/91 35.5 35.5
00009 Aguila, Jose 01/91 3.0 3.0
00009 A gu i 1 a , Jose 02/91 21. 0 21. 0
00009 Aguila,. Jose 03/13 10.0 10.0
00009 Aguila, Jose 03/20 2.5 2.5
00009 Aguila, Jose 03/27 8.5 8.5
Subtotal 88.0 88.0
00014 Pimentel.. Judi t 01/91 7.5 7.5
00028 Currie, Jim 08/90 1.5 1.5
00028 Curri e " Jim 09/90 1.5 1.5
00028 Currie. Jim 10/90 1.5 1.5
00028 Currie,. Jim 10/90 5.0 5.0
00028 Currie. Jim 11/90 2.0 2.0
00028 Currie, Jim 03/20 0.5 0.5
Subtotal 12.0 12.0
4
, .
00034 Sowards, Jess 08/90 10.5 10.5
00034 Sowards. Jess 08/90 5.0 5.0
00034 Sowards. Jess 08/90 11. 5 11. 5
00034 Sowards, Jess 08/90 2.5 2.5
00034 Sowards, Jess 08/90 5.0 5.0
00034 Sowards, Jess 09/90 4.5 4.5
00034 Sowards, Jess 09/90 29.5 29.5
00034 Sowards. Jess 09/90 11. 5 11. 5
00034 Sowards, Jess 10/90 60.0 60.0
00034 Sowards. Jess 10/90 8.5 8.5
00034 Sowards. Jess 11/90 21. 5 21. 5
00034 Sowards, Jess 11/90 8.0 8.0
00034 Sowards, Jess 11/90 17.0 17.0
00034 Sowards, Jess 12/90 21. 0 21. 0
00034 Sowards, Jess 12/90 6.5 6.5
00034 Sowards, Jess 01/91 8.0 8.0
00034 Sowards, Jess 01/91 1.5 1.5
00034 Sowards. Jess 01/91 54.5 54.5
00034 Sowards, Jess 0//91 28.5 28.5
00034 Sowards. Jess 01/91 3.0 3.0
00034 Sowards. Jess 02/91 1.5 1.5
00034 Sowards. Jess 02/91 29.5 29.5
OU034 Sowards, Jess 02/91 20.5 20.5
00034 Sowards. Jess 03/06 9.5 9.5
00034 Sowards.. Jess 03/13 15.0 15.0
00034 Sowards, Jess 03/20 4.5 4.5
00034 Sowards, Jess 03/27 2.5 2.5
00034 Sowards. Jess 03/06 6.0 6.0
00034 Sowards.. Jess 03/13 5.0 5.0
00034 Sowards. Jess 03/20 4.5 4.5
00034 Sowards. Jess 03/27 1.0 1.0
Subtotal 417.5 417.5
00052 Rountree, Kevin 08/90 10.0 10.0
00052 Rountree, Kevin 11/90 2.0 2.0
00052 Rountree, Kevin 01/91 0.5 0.5
00052 Rountree, Kevin 02/91 1.0 1.0
00052 Rountree, Kevin 03/13 0.5 0.5
Subtotal 14.0 14.0
00053 Laye 11. Kev.in 10/90 2.0 2.0
00053 Layell. Kevin 10/90 0.5 0.5
00053 Layell, Kevin 1 1/90 0.5 0.5
00053 La,\t'e 11, Kevin 12/90 0.5 0.5
00053 Layell, Kevin 01/91 1.5 1.5
00053 Layell. Kevin 03/06 0.5 0.5
Subtotal 5.5 5.5
Tota 1 Labor 631.5 631.5
5
CURRIE SCHNEIDER ASSOCIATES AlA PA
04/01/91
Project Detail Report
Project-to-date thru 03/27/91
Project:87446.00
Name: Delray Fire Station
------- Hours -------
Description Reg Ovt Total
501 proj a dm in
00003 Schneider. Larr 02/90 3.0 3.0
00028 Currie. Jim 02/90 1.0 1.0
00034 Sowards. Jess 02/90 13.5 13.5
00046 Shutt, Thuy 02/90 1.0 1.0
8ubtotal 18.5 18.5
521 arch drawings
00034 8owards. Jess 02/90 8.0 8.0
00036 Murphy, Norman 02/90 12.0 12.0
Subtotal 20.0 20.0
528 materials/specs
00003 Schneider. Larr 02/90 3.0 3.0
00034 Sowards, Jess 02/90 5.0 5.0
Subtotal 8.0 8.0
601 pro) admi n
00001 Currie. Robert 02/90 0.5 0.5
00001 CUIT.i e, Robert 04/90 3.0 3.0
00001 Currie, Robert 05/90 0.5 0.5
00003 Schneider, Larr 02/90 1.0 1.0
00003 Schneider. Larr 04/90 1.5 1.5
00003 Schneider.. Larr 05/90 1.5 1.5
00003 Schneider. Larr 06/90 1.5 1.5
00003 Schneider.. Larr 07/90 0.5 0.5
00028 Currie, Jim 03/90 1.0 1.0
00028 Currie.. Jim 05/90 0.5 0.5
00028 Currie. Jim 06/90 1.5 1.5
00034 Sowards. ,Jess 02/90 14.0 14.0
00034 Sowards. Jess 03/90 15.5 15.5
00034 Sowards. Jess 04/90 11. 0 11.0
00034 Sowards. Jess 05/90 5.0 5.0
00034 Sowards, Jess 06/90 2.5 2.5
00034 Sowards. Jess 07/90 1.0 1.0
00051 Hoffman, Mark 07/90 1.5 1.5
8ubtotal 63.5 63.5
602 check/coordinate
00003 Schneider. Larr 02/90 3.0 3.0
603 agency review
00034 Sowards. Jess 02/90 1.5 1.5
604 owner data
00001 Currie. Robert 03/90 3.5 3.5
00003 Schneider, Larr 02/90 2.0 2.0
Subtotal 5.5 5.5
1
.
621 arch-drawings
00028 Currie. Jim 05/90 1.0 1.0
635 addenda
00003 Schneider. Larr 02/90 5.5 5.5
00003 Schneider, Larr 03/90 2.5 2.5
00034 Sowards. Jess 02/90 7.5 7.5
00034 Sowards, Jess 03/90 7.5 7.5
00050 Ryan., April 03/90 12.0 12.0
Subtotal 35.0 35.0
636 bid/negotiations
00003 Schneider, Larr 03/90 1.0 1.0
00003 Schneider, Larr 05/90 0.5 0.5
Subtotal 1.5 1.5
639 bid evaluation
00001 Currie. Robert 04/90 4.5 4.5
00001 Currie. Robert 05/90 5.5 5.5
00003 Schneider. Larr 03/90 10.5 10.5
00003 Schneider. Larr 04/90 2.0 2.0
00003 Schneider. Larr 05/90 2.5 2.5
00034 Sowards. Jess 03/90 1.0 1.0
Subtotal 26.0 26.0
640 constr contract
00003 Schneider. Larr 06/90 0.5 0.5
00051 Hoffman. Nark 06/90 0.5 0.5
Subtotal 1.0 1.0
701 pro} admin
00003 Schneider.. Larr 06/90 5.0 5.0
00034 Sowards, Jess 05/90 2.0 2.0
00034 Sowards. Jess 06/90 14.5 14.5
00034 Sowards. Jess 07/90 16.5 16.5
Subtotal 38.0 38.0
741 office constr ad
00034 Sowards. Jess 12/90 9.0 9.0
745 supp documents
00034 Sowards. Jess 07/90 1.0 1.0
Total Labor 232.5 232.5
2
.
CURRIE SCHNEIDER ASSOCIATES AlA PA
04/01/91
Project Detai 1 Report
Project-to-date thru 03/27/91
Project :87446.04
Name: Fire Station/Alternates
------- Hours -------
Descriptiun Reg Ovt Total
501 pro) admin
00001 Currie, Robert 02/90 1.5 1.5
502 check/coordinate
00034 Sowards. Lless 02/90 6.0 6.0
521 arch drawings
00034 Suwards. Jess 02/90 5.5 5.5
Total Labor 13.0 13.0
3
,
.
CURRIE SCHNEIDER ASSOCIATES AlA PA
04/01/91
Project Detail Report
Project-ta-date thru 03/27/91
Project:87446.06
Name: Fire Station/Add. Servo
------- Hours -------
Description Reg Ovt Tota 1
521 arch drawings
00053 Laye 11. Kevin 10/90 2.0 2.0
621 arch-drawings
00052 Rountree., Kevin 08/90 10.0 10.0
701 proj admin
00001 Currie. Robert 08/90 0.5 0.5
00001 Currie, Robert 10/90 4.0 4.0
00001 Currie. Robert 11/90 1.5 1.5
00001 Currie. Robert 01/91 11. 0 11. 0
00001 Currie. Robert 02/91 9.5 9.5
00003 Schneider,. Larr 08/90 7.5 7.5
00003 Schneider, Larr 09/90 6.0 6.0
00003 Schneider, Larr 10/90 3.0 3.0
00003 Schne.ideI', Larr 11/90 9.5 9.5
00003 Schneider, Larr 01/91 2.0 2.0
00003 Schnei deI'. Larr 02/91 6.0 6.0
00003 Schneider, Larr 03/27 0.5 0.5
00003 Schneider, Larr 03/27 2.0 2.0
00009 Aguila, Jose 11/90 0.5 0.5
00009 Aguila, Jose 01/91 35.5 35.5
00009 Aguila, Jose 02/91 21. 0 21. 0
00009 Aguila, Jose 03/27 8.5 8.5
00009 Aguila, Jose 03/13 10.0 10.0
00009 Agui la, Jose 03/20 2.5 2.5
00014 Pimentel, Judit 01/91 7.5 7.5
00028 Currie., Jim 08/90 1.5 1.5
00028 Curri e, Jim 09/90 1.5 1.5
00028 Currie. Jim 10/90 1.5 1.5
00028 Currie. Jim 11/90 2.0 2.0
00034 Sowards. Jess 08/90 10.5 10.5
00034 Sowards. Jess 09/90 4.5 4.5
00034 Sowards. Jess 01/91 8.0 8.0
00034 Sowards, Jess 02/91 1.5 1.5
00052 Rountree. Kevin 11/90 2.0 2.0
00052 Rountree. Kevin 01/91 0.5 0.5
00052 Rountree. Kevin 03/13 0.5 0.5
00053 Layell. Kevin 10/90 0.5 0.5
00053 La,vell. Kevin 11/90 0.5 0.5
00053 Layell. Kevin 12/90 0.5 0.5
00053 Layell, Kevin 03/06 0.5 0.5
Subtotal 184.5 184.5
4
,
.
702 check/coordinate
00003 Schneider. Larr 09/90 4.0 4.0
00003 Schneider.. Larr 01/91 1.0 1.0
00034 Sowards. Jess 01/91 1.5 1.5
00052 Rountree, Kevin 02/91 1.0 1.0
Subtotal 7.5 7.5
703 agency review
00034 Sowards. Jess 08/90 5.0 5.0
704 owner/data-coord
00003 Schneider. Larr 10/90 3.0 3.0
741 office constr ad
00003 Schneider. Larr 10/90 2.5 2.5
00003 Schneider.. Larr 02/91 1.0 1.0
00003 Schneider. Larr 03/20 3.0 3.0
00009 Agui la, Jose 11/90 4.5 4.5
00034 Sowards. Jess 08/90 11. 5 11. 5
00034 Sowards. Jess 09/90 29.5 29.5
00034 Sowards. Jess 10/90 60.0 60.0
00034 Sowards, Jess 11/90 21. 5 21. 5
00034 Sowards. Jess 12/90 21. 0 21. 0
00034 Sowards, Jess 01/91 54.5 54.5
00034 Sowards. Jess 02/91 29.5 29.5
00034 Sowards. Jess 03/06 9.5 9.5
00034 Sowards. Jess 03/27 2.5 2.5
00034 Sowards, Jess 03/13 15.0 15.0
00034 Sowards, Jess 03/20 4.5 4.5
Subtotal 270.0 270.0
742 field observatio
00003 Schneider, Larr 02/91 1.5 1.5
00009 Agu i 1 a. Jose 11/90 2.5 2.5
0000 <} Agu i 1 a. Jose 01/91 3.0 3.0
00034 Sowards. Jess 08/90 2.5 2.5
00034 Sowards. Jess 09/90 11. 5 11. 5
00034 Sowards. Jess 10/90 8.5 8.5
00034 Sowards, Jess 11/90 8.0 8.0
00034 Sowards. Jess 12/90 6.5 6.5
00034 Sowards. Jess 01/91 28.5 28.5
00034 Sowards. Jess 02/91 20.5 20.5
00034 Sowards. Jess 03/06 6.0 6.0
00034 Sowards. Jess 03/27 1.0 1.0
00034 Sowards. Jess 03/13 5.0 5.0
00034 Sowards. Jess 03/20 4.5 4.5
Subtotal 109.5 109.5
745 supp documents
00028 Currie.. Jim 10/90 5.0 5.0
00028 CUITi e. Jim 03/20 0.5 0.5
00034 Sowards. Jess 08/90 5.0 5.0
00053 Layell. Kevin 01/91 1.5 1.5
S'ubtota 1 12.0 12.0
5
.
.
746 change orders
00003 Schneider~ Larr 10/90 1.5 1.5
00003 Schneider~ Larr 11/90 4.0 4.0
00003 Schneider. Larr 12/90 1.0 1.0
00003 Schneider.. Larr 02/91 1.0 1.0
00003 Schneider.. Larr 03/13 0.5 0.5
00034 Sowards, Jess 11/90 17.0 17.0
00034 Sowards. Jess 01/91 3.0 3.0
Subtotal 28.0 28.0
Total Labor 631.5 631.5
6
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # qL - MEETING OF APRIL 23, 1991
CHANGE ORDER NO. 2/ARZ BUILDERS
DATE: April 17, 1991
This is a Change Order in the amount of $4,832.91 for the replacement
of an existing 7.5 ton air-conditioning unit as part of the renovation
of office facilities for the City Attorney's Office. The Architect,
Mechanical Engineering Consultant and staff agree that the life span
of the existing system is limited. It appears that this equipment was
not properly maintained in the past. Funding is available in 1990
Note Construction Fund/Water and Sewer (Account No.
447-5168-536-60.31). Account balance $29,359.
Recommend approval of Change Order No. 2 in the amount of $4,832.91
with funding from 1990 Note Construction Fund/Water and Sewer
(Account No. 447-5168-536-60.31).
ApP~D
4 ./.-0 I CLync.A d ISSEllr)
.
Agenda Item No.:
AGENDA REQUEST
Date: April 17. 1991
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: April 23. 1991
Description of agenda item (who, what, where, how much): Staff requests
City Commission to approve Change Order No.2 for ARZ Builders, Inc. in the amount of $4,832.91 -
Project No. 91-27 - Renovation of Public Utilities Admin Build for City Attorney's Office. This change
order involves the replacement of the existing 7.5 ton alc which is in very bad condition. Funding
source will be from 447.5168-536-60.31. ~
ORDIHARCE/ RESOLUTION REQUIRED: ~lDS/NO Draft Attached: ~m/NO
Recommendation: Staff recommends City Commission to approve Change Order No.2 in the
amount of $4.832.91 for the replacement of 7.5 ton alc .
'"
Department Head Signature:
Determination of Consisten
'"'!"
City Attorney Review/ Recommendation (if applicable):
Budget Di~tor Review (required on all iteas involving expenditure
of funds): '1:~~k 1/lr
Fund ng available: YES/ NO
Funding alternatives: (if applicable)
Account No. & DerriPtion, "I'1,/.5JU.:-&. t.o 3/ Lff~ AI"'<;~ ~-J. I-ftJt~
Account Balance: J.1 35q /2..d.t.~ !~.Lf,.A
, ;. 'Uw~ ~
City Manager Review, ~ f~ "".4 ed~(/':i'"
Approved for agenda: ~I NO~
Hold Until: /
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
-
. -. .,
CHANGE ORDER
No. 2
Dated April 12 , 1991-
I
Project No. Bid No. 91-13 (ES Project #91-27 ~ & J).
Project Name: Renovation of Public utilities Administration'Bui1ding for City
Attorney's Office .
"-
Owner: City of Delray Beach, Florida
Contractor: A.R.Z. Builders
Contract Date: January 31, 1991
~
.- "':'0: A.R.Z. Builders, Inc. , Contractor
You are directed to mnke the following changes in the subject contract:
.
Replace existing 7.5 ton air conditioning system with new.Ruud five ton 10.00
Seer condenser and air handler equipment. Replace condensation and refrigeration
piping, drain pan and 10kw heat. Clean and provide maintenance check on existing
Lennox unit and run emergency drains. ,
which changes are more specifically described in the attached ame,nded plans, drllwings, nnd
specifications.
The reason for. the change is as follows: Existing 7.5 ton unit was in bad condition.
Architect, mechanical engineering consultant and. staff agreed that life span of the
machine was limited, which would involve replacement of the unit at some time in the
future.
The contract prIce and contract ~Ime shall be adjusted because of such changes as follows:
A~ Contract Price
1. Contract price prior to this cha.nge order: . $106,999.00
Page One of Two Pages
I ,
Digby Bridges, Marsh & Associates, P.A.
124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483 n
,/ l7 j'
407-278-1388 "0 -. J
\-~J:YItf --~-=--==--=====----....::=-=:~-:=-:::..____.__-:=____-:::.-:::::--~.::--z-';!.:4-;;:1:::::::
.A. 'ir'r ~~---------~----- - ~ .- - -.'-- _._---,-------~-_.~._--- ---,-,"'-- .---
~.)7 -~------~. ._._---~.. ------- -
)'':.tilr-lt_ " --" -_.~---- .- .._~._--_.~_.. ---...
"'=; ----~---_._.,--~-._-----_..,-,._--- ------.-.------ --- ....---.-'-
'f'( ---------_._------_._--~------- ---~ - -- ~~--- --~-
---- ~------~---~---~--_.._._.__..._--_..._-
3 April 1991
. ,
Mr. Bob Barcinski
Assistant City Manager
City of Delray Beach
100 NW 1st Street
Delray Beach, Florida 33444
RE: City Attorney's Office - Renovation, Job No. 9600
Dear Bob:
Enclosed please find a copy of the breakdown received from ARZ
regarding the replacement of an existing A/C unit in the above
referenced project.
On field inspection with my mechanical engineer, Howard Wight,
and myself it was decided that the existing unit, which was to be
re-used, was not previously maintained. Hence, the life span of
the unit would be limited, which would involve replacement of
the unit at some point in the near future.
To install a new unit is strongly recommended, and hence, we
feel we must instruct the Contractor to proceed.
Should you have any questions, please do not hesitate to contact
this office.
Kind regards,
Yours sincerely,
, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
~
Dav'tl Harden
Jeff Kurtz
Howard Wight
CHARTERED ARCHITECTS - PU1NNERS - INTERIOR DESIGNERS
.
ARZ BUILDERS INC.
General Construction
L1C #lesc 03 6305
April 2-1991.
Mr. Mark Marsh
Digby Bridges) Marsh & Assoc. P.A.
124 N.B. 5th Ave.
. Delray Beach) FL. 33483 . ..
RE: Renovation Of Public utilities
Bldg. for City Attorney's office.
Dear Mr. Mal'sh)
As a follow up to the letter submitted to your office on March 29-1991, and after
you chose to go with the 5 ton Ale unit for the above captioned project we hereby
submit a breakdown of the following items for your approval:
1- Replace existing 7.5 ton system with new Huud 5 tOll 10.00 seer condenser and
air handler.
Equipmel'!t $3,865.76
2- Condensation and refrigeration piping $456.00
. 3-Drain pan $175.00
4-10 K.W. heat $191.80
5-Clean and mainta.in existinK Lennox unit and run emergency draill $355.00
Subtotal $5043.56
Refund - $ 650.00 (<'-"hange unit in records room)
Total $4393.56
10% overhead & profit $ 439.35
,
Overall total $4832.91
We hope this sa ti.sfactory .
ERS INC.
orge Aboujawdeh
'esident
OCI Howard Wight, Construction Manager.
1446 S,W. :?5th Avenue, ltA.22 . Boynton 6oach, Florida 33426 . (407) 360-0770
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'i1l1 - MEETING OF APRIL 23, 1991
ACQUISITION OF PROPERTY IN LIEU OF PAYMENT OF CERTAIN LIENS
DATE: April 17, 1991
We received an offer from Barnett Banks Trust Company to sell the City
property located at 521 N.W. 2nd Street in lieu of payment of certain
liens on the property which total approximately $2,600. The proposal
is to sell the property to the City provided we assume certain tax
liens in the amount of $1,350, a title search in the amount of $200,
and pay $500 for a deed in lieu of foreclosure. The actual cost to
the City would be $2,050. The appraised value of the property is
$6,000. The Community Improvement Director recommends acquisition.
Funds are available from appropriations for in-fill housing.
As Section 36.04 of the City's ordinances requires notices to be
published prior to acquiring real property, this item has been placed
before you for consideration prior to expending funds for advertising.
Recommend acceptance of an offer from Barnett Banks Trust Company to
acquire property located at 521 N.W. 2nd Street with funding from
appropriations for in-fill housing and direct the City Clerk's Office
to advertise the proposed acquisition.
[IT' DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 334R3
407/243-7090 . TELECOPIFR 407/27R-4755
TvIEMORANDUM
Date: April 15, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Offer From Barnett Banks Trust Company of Property
Located at 521 N.W. 2nd Street, Delray Beach,
Florida, in Lieu of Payment of Certain Liens
Previously, the Community Improvement Department forwarded this
matter to our office for determination as to whether the City
could acquire such property for in-fill housing. Barnett Bank
has submitted a letter offering property to the City of Delray
Beach in lieu of payment of certain liens on the property. The
City's liens are approximately $2,600. The Trust Department of
the Barnett Bank's offer requires the City to assume certain
tax liens-..in the amount of $1,350, a title search in the amount
of $200, and would require the City to pay $500 for a deed in
lieu of foreclosure. The actual cost to the City would be
$2,050. The appraised value of the property is $6,000.
Section 36.04 of the City's ordinances requires notices to be
published prior to acquiring real property. Our office, prior
to having the Clerk expend funds on the notices, are inquiring
into whether the City Commission is desirous of entering into
an agreement as outlined above and i.n the AprilS, 1991 letter
from Darlyn Finch, Assistant Vice President of Barnett Bank.
By copy of this letter to David Harden, our office i.s
requesting that this matter be placed on an upcoming Ci.ty
Commission agenda to determine if the City is interested in
ac iring the property.
/'
r
I
cc: Lula Butler, Director of Co~~unity Improvement
Darlyn L.Finch, Assistant Vice ?r~sident;Barnett Banks
Trust Company, N.A.
David Harden, City Manager
tj .
1:1 .
; . · Barnett Banks
: Trust Company, N.A.
250 Park Avenue South
E D. . . Post Office Box 2004
Real state IVISlon Winter Park, Florida 32790-2004
Apr i 1 5, 1991 407/629-5295
Susan A. Ruby, Esquire
Assistant city Attorney
City of Delray Beach
310 S.E. 1st Street, suite 4
Delray Beach, Florida 33483
. Re: Barnett Banks Trust Company, N.A. as Trustee for Mildred C.
I Beuthel vs. Security and Investment Corporation Foreclosure on
u the West 50 ft. of the South 150 ft. of Block 18 Town of
1 Linton according to Plat Book 1 page 3 of the official records
I of Palm Beach County Florida, - A/K/A as 521 NW 2nd street,
I Delray Beach, Florida 33444
I Dear Ms. Ruby:
This letter is to inform you that I have received Trust Investment
Committee approval to offer the above referenced parcel of real
estate to the City of Delray Beach in lieu of payment of certain
1 liens on the property by the city of Delray Beach and tax liens
against the property by the County of Palm Beach. The city liens
are approximately $2,600 and the tax liens are approximately
$1,350. ---We propose that the City of Delray Beach agree to assume
those liens.
,
'\ other costs to the city of Delray Beach would include approximately
. $200 for a title search which will show that the title to the
1\ property is currently held by Security and Investment Corporation
and $500 to be paid to Security and Investment Corporation for a
deed in lieu of foreclosure. Barnett Banks Trust Company, N.A. as
Trustee for Mildred Beuthel would be happy to sign a quit claim
deed which I assume you could prepare and deliver to us.
I I have enclosed a copy of an appraisal dated November 1, 1990 that
~ reflects an appraised value of $6,000. Please present this
i proposal to the City commission. I appreciate your patience and
assistance.
Sincerely,
l)~ cQ. ~cA
(Mrs.) Darlyn L. Finch
I Assistant Vice President
DLF:pjp/Enclosure
r~
~~
LAND APPRAISAL REPORT
Borrower LONNIE & PHYLLIS DURHAM Census Tract 69.01 Map Reference 464317
521 N. W. 2ND STREET
City DELRAY BEACH County PALM BEACH State FLORIDA Zip Code 33444
Legal Description W . 50' OF S. 150' OF BLOCK 18, TOWN OF DELRAY (1-3)
N / ADate of Sale Loan Term yrs. Property Rights Appraised [Xl Fee o Leasehold o De Minimis PUD
Actual Real Estate Taxes $ 406 (89) (yr.) Loan charges to be paid by seller $ N / A Other sales concessions N/A
Lender/Client BARNETT BANK TRUST DEPARTMENT Address P.O. BOX 2004. WINTER PARK. FLORIDA 32790
Occupant NONE Appraiser W . E . DUFFY, SRA Instructions to Appraiser BMC 3/31/88
o Urban ~ Suburban o Rural Good Avg Fair Poor
o Over 75% ~ 25% to 75% o Under 25% Employment Stability O[XlDO
o Fully Dev o Rapid o Steady []I Slow Convenience to Employment o [Xl 00
o Increasing ~ Stable o Declining Convenience to Shopping [X][XlOO
o Shortage [] In Balance o Over Supply Convenience to Schools [X]OOOO
o Under 3 Mos. [] 4-6 Mos o Over 6 Mos. Adequacy of Public Transportation 00000
-5010 1 Family -2.)10 2-4 Family -2io Apts. % Condo -1{)/0 Commercial Recreational Facilities 00000
% Industrial Jj>/o Vacant % Adequacy of Utilities 000 DO
Change In Present Land Use [] Not Likely o Likely (') OTaking Place (') Property Compatibility 00000
(') From To Protection from Detrimental Conditions 00000
Predominant Occupancy []I Owner o Tenant -2 % Vacant Police and Fire Protection 00000
Single Family Price Range $ 20,000 ~$ 100,000 Predominant Value $ ~~ General Appearance of Properties 000 00
5yrs. to 60yrs Predominant Age 40 yrs Appeal to Market 000 0 0
Comments Including Ihose factors. favorable or unfavorable. affecting marketabillly (e g public parks. schools. view. nOise) THE ECONOMIC IMPACT OF THIS
NEIGHBORHOOD IS BOUNDED BY 1-95 & SWINTON AVENUE & FR~KE IDA ROAD TO LOWSON BLVD. MOST
_MAJO~ONVENIENCES ARE NEARBY. MOST HOMES ARE OLDER, SMAL~~SIZE & OF AVERAGE QUALITY
CONSTRUCTION. NO CHANGES IN THE ECONOMIC BASE IS EXPECTED.
Dimensions 50 X 150 _~, 500 +/- Sq FI. or Acre:s-- [Xl Corner Lot
Zoning classiflcallon RIA ( S. F. RESID-DELRA Y BEACH) Present improvements OdO o do not conform to zoning regulations
Hlqhest and best use: o Present use []Other(speCify) IMPROVED WITH SINGLE FAMILY RESIDENCES
Public Other (DeSCrIbe) OFF SITE IMPROVEMENTS Topo LEVEL SITE
[] Slreet Access: [X) Public o Private Size TYPICAL OF AREA
0 Surface ASPHALT Shape RECTANGULAR
---~
[] Maintenance: []] Public o Private View CORNER/RESIDENTIAL
[] o Storm Sewer o Curb/Gutter DrainageAPPEARS .-ADEQUATE/ZONE C. 125102-04C
o Underground Elect. & Tel o Sidewalk []I Street Lights I. tM properly localed in a HUD Identified Special Flood Hazard Ar..? [Xl No OVe.
Comments (favorable or unfavorable Including any apparent adverse easements. encroachments or other adverse conditions) NO ADVERSE EASEMENTS OR
ENCROACHMENTS NOTED. MINOR VIOLATIONS, IF ANY, BY MOVABLE OR EASILY REPLACEABLE ITEMS ARE NOT
DETRIMENTAL TO VALUE. SUBJECT TO SURVEY,
The undersigned has recited three recent sales'of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar
adjustment. reflecting market reaction to those items of significant variation between the subject and comparable properties ff a Significant item in the comparable property is superior to.
or more favorable than, the subject property. a minus (-) adjustment is made. thus reducing the indicated value of subject; If a significant item in the comparable is inferior to, or less
favorable than. the Subject property, a plus (+) adjustment is made, thus Increasing the indicated value of the subject
ITEM Subject Property COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
W.50'OF S.150' N.144'OF E.135 14
OF BLK.18 TWN
$ N 9 000
$ N 1.36
INSPECTION
DESCRIPTION '(-1$ '(-1$
Ad ustment Ad ustment
11 90 9 90 - 7 90 I -
I
TOWN OF DELRAY ATLANTIS GRDNS' - OSCEOLA PARK I -3000
CORNER RESID INSD RESID I +500 SIMILAR I -
50 50 - 50 I -
7500 685 -5000 6600 I +500
R1A RM-6 - R1A I -
I
NONE NONE I 90% P.M.M. I -1000
I I
DISCLOSED I - I
[]Plus; DMinusl $ $ 4 500 o Plus; [X] Minus'$ 3 500
I I I
I I I
'$ '$ i 5 500
Comments on Market Data' IN THE PAST 1.5 YEARS THERE HAVE NOT BEEN ANY SALES OF VERY SIMILAR
PROPERTIES. THE ABOVE 3 SALES ARE THE MOST RECENT & BEST AVAILABLE.
Comments and Conditions of Appraisal: PRIOR SALES HISTORY: SUBJ_~T--$ 15,QQO IN 1/79: COMP 1--NONE REPORTED;
COMP 2--NONE REPORTED: COMP 3--PART OF A MULTI-LOT PURCHASE --
Final ReconCiliation IN THE APPRAISAL OF INDIVIDUAL SINGLE FAMILY LOTS, ONLY THE MARKET DATA APPROACH
IS THE APPROPRIATE METHOD OF VALUATION.
-~~_.~- ~~~J
I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTV AS OF NOVEMBER 1 19~ 10 be $
I>.ppra'ser{s\ ~ ~~ ~ _ ReVIew Apprals,", (II applicable) _ ___________ o Did Not Physically Inspect Property
ODld
n...... .....IIn., ~ 1QA.t C:"'r"""c,o Q"~ \AJ"'r..........I....,. .,...; \.\,...;......... A,..... "'1_... ~.J....,oft... f'. (u:u::.... All n:_....._ n____......~
...
PHOTOGRAPH ADDENDUM
Borrower J Client
P~erty Address .. --~.._.__._._------_.._--- --.-- -.- .._-- ---....-----..
..--- .- .... ~-----.,._. -
c!.'1 De I r a y Coun~L Sl,:~le _ ELorida . ~.P~~~~_:-3_}~{~:-~_ ..~..
Lender Barnett
..-----.... .--'..-- ,---.---- _ _ __ ____.. ____ ... ....._.. _____ _ .._. _____._ _ no._
FRONT OF
SUBJECT PROPERTY
REAR OF
SUBJECT PROPERTY
,
I -
--
STREET SCENE
[] ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE
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,r- - -P~'Si7=t.:: ----, ATLANTIC - ~VE.'--
R 43 '~__ I
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, B., ~I BLOCK 5 <X '! '.. ,~G1FACILlTY ::::>...J
------LU 1 I (13 /21 >~29 . ~ O<x
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; \::: ') ... ,,. /4 13'''''' 5 / 3
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..--......-.-
--.....-
, .
DEFINITroN OF MARKET VALUE: The most probable price which a property should bring in a competilive and open
market under all wnditil1ns requisite III a fair sale. the buyer amI seller, earh m:ting prudently, knowledgeably and assuming,
the price is nllt afkcted by undue stimulus, Implicil in this definition is the l'llnsurnmallon of a sale as of a spcrilied dale
and the passing of lille from seller 10 buyer under conditions wherehy: (I) buyer and seller arc typically motivated; (2) hoth
panics are well Informed or well ad\'iseJ, and each acting In what hc considers his own best interest: (Jl a reasonable IlltlC
is allowed tilr c.\powrc in Ihe open markcl, (4) payment is Illade In terms of cash in U,S, dollars or in lams of finanCial
arrangcments comparahk Ihereto: anJ (5) lhc pri~'e rcpresents the normal l'onslderation for the pfllpeny S\l\'\ lInal1cetctl b~
spel'ial or crcaliVt' tinancing or sales concesslons* granted by anyone associaled with the sale,
*Adjustlllellls 10 the l'omparables must be made filr special or l'fealive linancing or sales l'oncessions. No adjusllllenh are
necessary lilr Ihose cosls which arc normally paid by sellers as a result of Iradition or law in a market area; these cosh an:
readily identiti,tbk since Ihe seller pays these cosls in virtually all sales transactions, Special or creative financing adjustmenls
can be maul' 10 Ihe comparahle property hy comparisons to financing lerms offered by a Ihird party inslilutional lenucr thaI
is nOl already involwd In the property llr transadlon. Any adjustment should not be ealeulateLl on a lIIechanil:al Jollar Il'r
dollar (nsl or the rinanclllg or nllll:CSSI\lll hUI thc dollar amoullt of any adjuslment should approximale the markct\ rC;lclilln
to the linanClng III conlC\sions bascd on Ihe itppraiser\ judgment.
CERTIFICATION AND STATEMENT OF L1l\lITIN(; CONDITIONS
CERTIFICATION: The Appraiser certifies and agrees Ihat:
I, The Appr,lIser has 110 present nr l'Ill1Iemplaled hllllre intl:res\ In the property appraised, anu nellher lhe employmcnl (0
make Ihe appraisal. nor lhe cllmpensalion ti..Ir iI, is l:onlingenl upon Ihe appralseu value IIf lhe prop~'r1y
2, The Appr<Jiser has no personal interesl in or bias with respect to lhe suhject matter of the appr;J1sal report or llw pari lei
pants tn the sale. The "Eslimate of Markcl Vallie" in the apprais<J1 repon is not based in whole llr in pan upon the fal:e, ,'olor,
or national origin of lhe prospccliw tlwncrs or oC~'lIpanls of the properly appraised, or upon the race, l:lIlor or nalional lIf1glll
of the prescnl owners or lll'cupanls III' thl' pnlperlles In Ih,' vlcinilY III the prllperly appr;lIsed
-'. Thc Appraiser has personally inSpCl'll'd Ihe property. hoth Illslll<' and Ollt. and has m;lde an e\lenllr In.spcclllln III all
~'omparable sales Ilsled In Ihe report 'n, Iii" hesl 01 Ihl' Appraiser's knowledge anu hellel, ,iii sl.lll'menh a/lll 1l111lJ'fllalloll In
Ihis repo/1 arl' Inlc alld ,'lIrrcct. and Ihe AppritlSl'l hits lit II KnoWingly Withheld any slgnlrl~'alll Inhll"lllallOn
4, All l'Illl1lngent and IlIniting eondlllllllS MC '~lllllained herein (lIl1posed hy Ihe lerll1s 01 lhe asslg/llllenl or h~ lhe under.
signed affecting the analyses, opinions, and l'onclusions conlained In lhe report).
5, This appraisal repor1 has been maue in cnn1i.lI"Inity with anu is suhjel:l to the requiremenh 01 the Code of Pro!csslonal
Ethil:s and Standarus of ProtCssional Conuuct of the appraisal organizalions wilh which Ihe Appraiser is affilialeu.
6, All conclusions anu opinions concerning the real eswtc thaI arc sel tilrth in Ihe appraisal report were prepareJ h~ Ih~'
Appraiser whose signature appears un the appraisal report, unless indicated as "Review Appraiser," No change of an) Hem III
the appraisal report shall be mauc by anyone otht:r Ihan the AppnllSer, anu fhe Appraiser shall have no responsihilHy lor any
such unaulhorized change.
CONTINGENT ANI> LIMITING CONDITIONS: The l'cnilicalion Ill' lhe Appr;liser appcanng In lhe apprai\al rl'pOrt I~ sUhlel'\
to Ihe tilllowlllg ClllldtlHl/lS and 10 sUL'h IlIher spel'lfic and linlJtlllg condllion\ as ;Ire set lilflh by lhe Appraiser In the repon.
I. The Appraiser assullIes IHI responsibility tllr mallers of a legal nature aflel'lIng Ihe property appraised Ilr the Illk lh.:r~'
to, nor Joes the Appraiser render an)' Oplllllll1 as 10 the lille, which IS assUllled 10 he good anu IIlarkelahle The prllp~'r1 ~ IS
appraised as lhough UllllL-r responsihle ,uwnershlp,
2, Any sketch in Ihe report may :~how approximllte uimensions anJ 1\ i/ldudeu to assisl the reader in visuall/lllg Ihe prllp
erty, The Appraiser has made no survey of Ihe property,
3, The Appraiser is not requireu to give testimony or appear in coun because of having maul' the appraisal wllh referen~'l'
\0 the property in question, unless arrangements have been previously m,lde therefilr.
4, An}' dislribution of lhe valualion in lhe repor1 belween land anu improvements applies only under the existing progralll
of utilizalion, The separate val'uations hlr land and huilding must not be used in eonjunl:llon With any o(her appraisal and arc
invalid i I so used.
5, Thc Appraiser assumes Ihal there an: nu hidden or unapparent conditions of the pmpcny, subsOil. or structure,>, whidl
would render It morc Ilr less valuable, The Appraiser assumes no responsibility tilT such condilions, or fin engineering wllJ~'h
might he reqUIred ILl discover such hlClOr,.
6, Inl(ltllJalion. eslimales, and opinions lurnished to the Appraiser. anu l'ontaineu in thc report, were ohtained from sources
considered rcliahk and helieved tll he lrue and correct. However. no responsibility lin aeeura,'y of such Items turnishcu Ihe
Appraiser can he assuflleu by the Appraiser,
7, Disclosure of the cllntents of the appraisal repun IS governed hy the Bylaws and Regulations of Ibe profession,11 appraISal
organizations with which thl' Appraiscr is aftiliateu
H. NeHhl'r all. nilI' allY part or the l'onlelll "I' the report, or copy therellf (including conclusions as 10 thL' property v;t1ue,
Ihl' idellllty 1I1 lhe Appraiser, pmlcssional designations, rcterencL' to any prok,>slonal appraisal "rganl/alion.s. llr Ihe lillll '" Ilh
which I Ill' Appralsc'l IS "OllllL'dcd), shall he lIsed 11I1 any purposes by anyone hlll lhe cllenl speCified III the reporl, thl' honll\l,L'r
If appr;ll,al lel' paid h~ salllC, lhe nllll1)!a~L'l' lIr Its sue,'essllrs and assigns, nlortgage Insurers, eonsult.mts, proles~ional appralS.tl
nrganlla\lllns, any slalL' or leJcrally ~Ippr(lvcd tinan~'lal IIlslitulion, any Jepar1menl. agency, or instrumenwlilY of the Uniteu
Swtes or any sUllc or the Dislricl of CIlIUl1lhia, withllUI lhe prcvious WlIllen consent of the Appraiser; nor shall it be nlll\'eYL'd
by anyone hI the public thmugh advcr1ising, puhlie relations, news, sales. or other media, wilhout the wrillen Ctlllsenl and
approval of the Appraise!.
9, On all appraISals, subJect to salisfal'lory complelion, repairs, or alteratIons, the appraisal report and value eondUst\lll arc
contingenl upon completion of the improvcments in a workmanlike manner.
lhless otherwise stated in this report, the existence of hazardous rraterial, \-klich rray or rray not b2
present on the property, was not observed by the pppra i ser . The f'Ppraiser has no knO\'iledge of the existence
of such rraterial on or in the property. The Appraiser, havever, is not qualified to detect such substances-
The presence of substances such as asbestos, urea-fonmaldehyde foam insulation, or other potentially hazardous
rmterial rray affect the quality of the property. The value estirrate is predicated on the assl.JTPtion that
there is no such material on or in the propel1ty that ~Duld cause a loss in value. t<b responsibility is
aSsuTECl for any such condition or for any exp::rtise or engineering knavledge required to discover that.
1r~ client is urged to retain an exp::rt in this field, if desired.
Date: /f1/?CJ APpralser(s)~~~~
Fannie Mae
Freddie Mac fOfms and Worm6 It .ncOfpofI\16d. 315 Whttnev A....e , NEM' Haven. CT oot; 11 I (6001 2~3'4!>" 1l"n1 N I I ':>IJ()() Form 10049 .JUL. 88
Form ~39 JUL 88 eft
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ7v1
SUBJECT: AGENDA ITEM # qN - MEETING OF APRIL 23, 1991
APPOINTMENT TO THE POLICE AND FIRE PENSION BOARD OF TRUSTEES
DATE: April 17/ 1991
This is a Mayoral appointment of a member to the Police and Fire
Pension Board of Trustees to fill the expiring term of John Tranter.
Mr. Tranter's term expires on April 22/ 1991. He is eligible and has
requested reappointment. We have received no other applications for
this position.
Recommend making an appointment to the Police and Fire Pension Board
of Trustees for a term ending April 22/ 1993.
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk~
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES
DATE: April 16, 1991
John Tranter's term as one of the two Commission appointees (public
members) to the Police and Fire Board of Trustees expires on April 22,
1991. Mr. Tranter was appointed to fill an unexpired term in November
1986 and subsequently served one regular, full term (April 1988
through April 1991). He is, therefore, eligible to serve one
additional term. Mr. Tranter is interested in reappointment. His
application and resume are attached for your review.
No other applications have been received for the position. In
accordance with the recently adopted Ordinance No.36-91, the term of
office is for two years, or through April 22, 1993.
Based upon the rotation system adopted by the City Commission in April
1991, the appointment would be made by Mayor Lynch, Seat #5.
cc: Cheryl Leverett, Agenda Coordinator
Tran.txt
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
~A.'1E Jb~ E &~/~
/Cl """,4/ /5d' 'smar 2J.:u~ ,&?t c ~ FL4 33~Y'Y
HOME ADDRESS (Screec, Cicy, Zip Code) (LEGAL RESIDESCE)
o2J 5tJ 6LAiJ~S ,.t?v. &c~ ~141, ~~ .33~J 2
PRI~CIPAL BUSISESS ADDRESS ~Screec, Cicy, Zip Code)
HOME PHONE d2 78-fJ{/f'? Bl:SINESS PHONE JfJ-~S~7
ON Io.'HAT BOARDS ARE YOU I~TERESTED I~ SERVI~G ~ 7' ~ 4d.v ~
..a ~/,
'8kI
LIST ALL CITY BOARDS ON WHICH YOU ARE Cl:RRENTLY SERVING OR HAVE PREVIOCSLY
SERVED (Please include dates) ~ ~~ LJ~
4-
&iN
EDUCATIONAL QUALIFICATIONS UNI#" ~~ C~_
,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~7H. S~ ~c.~Je'
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. ~~D POSITION ~NL--rT ~,
Sa7v/~~ ~,,r tics
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD /ilwl ~rh 4'-J"~
~'O 4N ~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. ~'iD I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~~ s/rW DATE
4/90
.' -
John Edward Tranter
10 N.W. 15th Street
Delray Beach, Florida 33444
EDUCA TION Atlantic High School, Delray Beach, Florida
4 years
University of Florida, 1978, B.S.
Business Administration, Banking and Finance
American Institute of Banking
Commercial Lending, Bank Operations and Investments,
Financial Statement Analysis
Ohio State University, 1982
National School Real Estate Finance
University of Oklahoma, 1983
School of Commercial Lending
Florida Atlantic University, (MBA credits, 40 hours)
Real Estate/Finance
Stonier Graduate School of Banking, University of
Delaware, 1988
PROFESSIONAL
1980 to Present Barnett Bank of Palm Beach County
Bank Management, all aspects of banking, Branch
Management, Corporate Lending and Branch
Administration. Presently Senior Vice President/Regional
Administrator Boca Raton.
1978 to 1980 First Bank & Trust of Palm Beach County
Management Trainee (1 year). Experience in bookkeeping,
proof, teller, installment loans, collector and interviewer,
commercial loan trainee, collections, cage.
1972 to 1977 Various part-time positions.
REFERENCES Furnished upon request
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # C) - MEETING OF APRIL 23, 1991
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE
DATE: April 17, 1991
This item is before you to ratify the appointment of nominees to the
Kids and Cops Committee. The list of nominees is as follows:
Pine Grove Elementary School - Agartha Gragg
S.D. Spady Elementary School - Larry Kramer
Banyan Creek Elementary School - Barbara D. Brown
Carver Middle School - Yvonne Odom
Citizen-at-Large - Joe Valentino and/or
Perry DonFrancisco
Parks and Recreation Department - Joe Dragon
Fraternal Order of Police - Gerald Pitocchelli
Police Department - Ross Licata
It should be noted that we have received an additional nomination for
the citizen-at-large position. Staff has requested that Perry Don
Francisco be considered because of his considerable work with the
Committee.
We are still waiting to hear from Plumosa Elementary School, the
Ministerial Association and Atlantic High School.
Section 5 of Resolution 18-91, which formally established the Kids and
Cops Committee, states that the Commission shall have the authority to
approve and ratify all selections to membership on the Kids and Cops
Committeei however, Section 3 of that resolution states that members
shall serve two (2 ) year, staggered terms. I am recommending that
staff members appointed to the Committee serve two year initial terms,
with all other members appointed to one year initial terms.
Recommend ratification of the appointments of Joe Dragon, Gerald
Pitocchelli and Ross Licata to the Kids and Cops Committee to terms
ending April 22, 1993 and ratification of the appointments of Agartha
Gragg, Larry Kramer, Barbara D. Brown, Yvonne Odom and Joe Valentino
and/or Perry DonFrancisco to the Kids and Cops Committee to terms
ending April 22, 1992.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY CLERK(4Yv\
SUBJECT: AGENDA ITEM #90 - MEETING OF APRIL 23, 1991
SUPPLEMENTAL BACKUP MATERIAL - APPOINTMENTS TO THE KIDS AND
COPS COMMITTEE
DATE: April 23, 1991
At the time the agenda was published we were still awaiting
nominations for appointment to the Kids and Cops Committee from
Plumosa Elementary School, the Ministerial Association and Atlantic
High School. We have since received a response from Atlantic High
School. Their nominees are as follows:
Atlantic High School Representative - Curt Lavare1lo
Student Council Representative - Ivan Retzignac
Recommend ratification of the appointments of Curt Lavarello and Ivan
Retzignac to the Kids and Cops Committee to a term ending April 22,
1992.
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[IT' OF DELIA' BEAEH
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Selma Kleinman, Administrative Secretary to ~
Assistant City Manager/Support Services
THRU: John W. Elliott, Jr.. Assistant City Manager/~
Support Services
DATE: April 19, 1991
SUBJECT: UPDATE - KIDS AND COPS COMMITTEE
I contacted the following people today (for the third time),
to obtain the names of those individuals who would represent
their areas on the Kids and Cops Committee. I was partly
successful and obtained the following information:
1. Atlantic High Representative.
Officer Curt Lavarello. (Works for Atlantic High
School but is paid by the Palm Beach County School
Board).
2. Atlantic High School, Student Council Representative.
Ivan Retzignac. (Can be reached through Mr. Tom
Lazenby).
3. P1umosa Elementary School.
They will get back to us.
4. Reverend Allen E. Orr.
Left word on his recorder.
/sk
THE EFFORT ALWAYS MATTERS
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[IT' OF DELIA' BEAEH
100 N,W, 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: John W. Elliott, Jr., Assistant City Manager~
Support Services
DATE: April 17, 1991
SUBJECT: RECOMMENDATION - KIDS AND COPS COMMITTEE
Resolution No. 18-91, establishing the Kids and Cops Committee as an
advisory body to the City Commission, addresses the composition of this
Committee. Section 2 (G) specifies that "a citizen-at-large representa-
tive, as may be designated by a community civic organization interested in
the enhancement of the program", should be included in the eleven member
composition. The Kiwanis Club, under the 2 (G) category, has responded by
submitting the name of Joe Valentino.
At this time I would like to recommend that a second name be considered.
Due to his prior involvement and commitment to this program I would like to
recommend Mr. Perry DonFrancisco. The addition of Mr. DonFrancisco on
this Committee will give us the advantage of having two committed people
serve in the citizen-at-large capacity.
As an update, my secretary, Selma Kleinman, contacted Plumosa Elementary
School, Atlantic High School and Reverend Orr (Ministerial Association) for
the names to be presented for Commission approval. Those contacted indi-
cated they would be getting back to us, but as of this date we have not
heard from them.
Thank you for your consideration.
/sk
cc: Alison MacGregor Harty
THE EFFORT ALWAYS MATTERS
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[IT' OF DELIA' BEAEH
100 N,W, 1st AVENUE DELRAY BEAC'1, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Selma Kleinman, Administrative Secretary to
Assistant City Manager/Support Services
DATE: April 10, 1991
SUBJECT: RESOLUTION - NO. 18-91 WHICH
ESTABLISHES KIDS AND COPS COMMITTEE
The following names were submitted of those individuals
willing to serve on the Kids and Cops Committee.
1. Pine Grove Elementary School - Agartha Gragg, School
Guidance Counselor.
2. S.D. Spady Elementary School - Larry Kramer, Assistant
Principal.
3. Baynan Creek Elementary - Barbara D. Brown, Principal.
4. Carver Middle School - Yvonne Odom, Teacher, Cities in
School Program.
5. Citizen-at-large recommended by a civic organization,
in this case, the Kiwanis Club, - Joe Valentino.
6. Parks and Recreation Department - Joe Dragon.
7. Fraternal Order of Police - Officer Gerald Pitocchel1i.
8. Police Department - Sgt. Ross Licata.
Of the eleven (11) categories, the three categories listed
below did not respond.
1. Plumosa Elementary School
2. A Clergy representative from the Ministerial Associa-
tion.
3. Atlantic High School - Youth representative as desig-
nated by the Student Council.
I have contacted the three listed above and as soon as I
receive this additional information, I will pass it on to
you.
/sk
attachments
cc: John W. Elliott, Jr.
THE EFFORT ALWAYS MATTERS
CPtne gllove 8Q ementallY ~hooQ
400 SOUTHWEST TENTH STREET
DELRA Y BEACH, FLORIDA 33444
TELEPHONE: 243-1554
JUDITH KURZAWSKI MALINDA KIDD
PRINCIPAL ASSISTANT PRINCIPAL
April 5, ]991
John Elliott,Jr.
Assistant City Manager/Support Services
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Elliott:
In response to your letter of March 22, 1991 Agartha Gragg, our
school guidance counselor has agreed to serve on the Kids and Cops
Committee as our school representative.
We are pleased to participate in this constructive endeavor.
. ncerelY'~
. ~.
Lth Kurzawsk" Principal
JK: Ib
S.D. SPADY ELEMENTARY SCHOOL
330 N.W. 8th Avenue
Delray Beach, Florida 33444
Telephones 243-1558 . 243-1559
Mavis K. Allred
Principal
RECeiVED
SUPPOAT'
April 1, 1991 SER\lICES
'f/~{"
City of Delray Beach
John W. Elliott, Jr.
Assistant City Manager/Support Services
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Representation for Kids and Cops Committee
Dear Mr. Elliott:
Please be advised that we would like to have Larry Kramer, our
assistant principal, serve as our representative for the Kids and
Cops Committee.
Sincerely,
71l~t~-f! ~
Mavis K. Allred
Principal
BANYAN CREEK COMMUNITY ELEMENTARY SCHOOL
4243 Sabal Lakes Road. Delray Beach, Florida 33445 . (407) 243-1575
Barbara D. Brown, Princ~pal
April 3, 1991
TO: Mr. John W. Elliott, Jr.
Assistant City Manager/Support Services
FROM: Barbara D. Brow~princiPal
Banyan Creek Community Elementary School
SUBJECT: Kids and Cops Committee Representative
I received your communication regarding the Kids and Cops Committee. I am
very excited about the concept and the potential value to the community
that is possible.
I would be delighted to serve on the committee as a representative from
Banyan Creek. Look forward to a productive experience and certainly hope
that my service will be worthwhile.
IF YOU CAN DREAM IT - YOU CAN DO IT
Carve,. Communilg mJJle Sclwot
301 S.W. 14th Avenue
DELRA Y BEACH, FLORIDA 33444
Phone 243-1566
Nancy E. Owens
Paul D. Houlihan Assistant Principal
Principal For Administration
April 3, 1991
Mr. John Elliott, Jr.
Assistant City Manager/Support Services
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Elliott:
In response to your letter of March 22, 1991, I am submitting the
name of Ms. Yvonne adorn as the representative from Carver Middle
School to be on the Kids and Cops Committee. Ms. adorn teaches the
Cities in Schools program at Carver Middle and you can contact her
here at school (243-1566).
OZ:lY~ .~
PAUL D. HOULIHAN 1/"V'
Principal
Accredited by Southern Association of Colleges and Schools
OFFICERS DIRECTORS
ROBERT W. HAYES COLLEEN W. BECKNER
President CARL C. CARTER. JR.
HARVEY L. BROWN. JR. WILLIAM E. GWYNN
First Vice President J. MICHAEL PAKRADOONI
ALVARO VERA Kiwanis Club ALFRED G. RUSStLLO. JR.
DAVID W. SCHMIDT
Second Vice President NANCY L. SPENCE
WILLIAM C. HURD K, HOWARD WIENER
Secretary P.O. Box 122 Honorary Director
ROBERT A STUMP Delray Beach, FL 33447-0122 CHARLES A, SWAIN
Treasurer Past International President
MALCOLM CHAPMAN Bulletin Editor
Immediate Past President J, L. .PETE" BOWEN
To: John W. Elliot
Assi"tant Manager/Support Services
City of Delray Beach
From: Delray Noon-Time Kiwanis Club
Subject: Citizen-at-Iarge Representative
for the Delray Kids and Cops Committee
The Kiwanis Club of Delray Beach, Noontime, recommends Mr. Joseph
Valentino as Citizen-at-Iarge Representative to the Kids and Cops Program of
Delray Beach. Mr. Valentino is interested in youth development. His background
and experience render him most acceptable in the workings of this committee.
The Kiwanis Club is confident he will be most active and interested in the
enhancement of this community program.
Respectfully, ~
;IMp!. ~
Robert W. Hayes
President
~~~ ~
(J . ;Z
.
~.
'!bung OliIcIren
PRIORITY ON:
A I(IWANtS CONCU.N 1990-3 Major Emphasis
0,.....""......""'"
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_~~___n_~___
-_.~-- -, ----------.- __n___'___'_'_ _ - '---_.---- ..-------- - -------- --_._--~---------_.._-- --------,._-----------
RESOLUTION NO. 18-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE KIDS AND COPS
COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION;
PROVIDING FOR SUCH COMMITTEE'S COMPOSITION, TERMS, THE
FILLING OF VACANCIES, RATIFICATION OF SELECTIONS BY
THE CITY COMMISSION, DIRECT REAPPOINTMENTS, AND
MEETING CRITERIA; PROVIDING FOR THE DUTIES AND
RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR
STAFFING FOR PROGRAM ACTIVITIES; PROVIDING FOR
RECRUITMENT OF PARTICIPANTS; PROVIDING FOR THE
AUTHORITY OF SAID COMMITTEE; PROVIDING AN EFFECTIVE
DATE.
I
WHEREAS, the City Commission of the City of Delray Beach,
Florida, recognizes the need to strengthen the relationship between the
local youth of our community and members of the Delray Be ach Police
Department; and,
WHEREAS, the City Commission has heretofore demonstrated its
commitment to providing and encouraging an alternative for the local
youth of our community from engaging in criminal behavior (street crime,
drug use, etc.) through the establishment of a "Kids and Cops" program
as an ad hoc committee in May, 1989; and,
WHEREAS, the City Commission wishes to assist in giving the
local youth of our community the opportunity to take part in
constructive and enjoyable activities,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there is hereby established the KIDS AND COPS
COMMITTEE as an advisory body to the City Commission..
Section 2. That said Kids and Cops Committee shall consist of
a membership to be selected as follows:
(A) A representative from the Parks and Recreation Department,
as designated by the Director of Parks and Recreation;
(B) A representative of the Delray Beach Police Department, as
designated by the Chief of Police;
(C) A representative of the Fraternal Order of Police (FOP) ,
as designated by the President of the FOP;
(D) A Clergy representative, as designated by the membership
of the Ministerial Association;
(E) A representative from each of the following schools, as
designated by the respective School Principals:
(1) Pine Grove Elementary
( 2) S.D. Spady Elementary
( 3) Plumosa Elementary
( 4) Banyan Creek Elementary
(5) Carver Middle School
(6) Atlantic High School;
(F) A Youth representative, as designated by the Student
Council of Atlantic High School;
(G) A Citizen-at-Iarge representative, as may be designated by
a community civic organization interested in the
enhancement of the program.
___ .._ ___ . __ .____._~ _.U _._... ____.___~.__
-----------~ --- ---
Section 3. That the members of the said Kids and Cops
Committee shall serve two (2) year, staggered terms.
Section 4. That if a vacancy should occur on said Kids and
Cops Committee, said vacancy shall be filled by selection by the person
who selects members for each group, and the said selection shall serve
for the unexpired term of the member position which was vacant.
Section 5. That the City Commission of the City of Delray
Beach, Florida, shall have the authority to approve and ratify all
selections to membership on the Kids and Cops Committee, and the City
Commission shall have the authority to remove any member of the Kids and
Cops Committee from said position whenever a majority of the city
Commission votes for such a removal.
,
Section 6. That members of the Kids and Cops Committee may be
re-selected for one additional term so that no member of the Kids and
Cops Committee shall serve more than two 2-year terms.
Section 7. That the Kids and Cops Committee shall hold
meetings on a regular basis at least once monthly, which meetings shall
be open to the public, minutes shall be kept of all such meetings, and
any special meetings, with copies of said minutes, and any other
reports, to be transmitted to the City Commission and the City Manager
of the City of Delray Beach, Florida.
Section 8. That the duties and responsibilities of the Kids
and Cops Committee shall be as follows:
(A) The Kids and Cops Committee will be responsible for
program development. The program will be implemented by
the Delray Beach Police Department under the guidance of
the Kids and Cops Committee.
(B) Program activities will include educational activities,
field trips, counseling, special events, and athletic
activities.
(C) Through selected program activities, the Committee's
duties will be to strengthen the relationship between the
local youth of our community and members of the Delray
Beach Police Department.
(D) The emphasis of the program will be to instill upon the
local youth of our community methods of improving their
quality of life by discussing such topics as education,
personal responsibility, building self-esteem,
consequences and alternatives to crime and drugs.
..
Section 9. That staffing for program activities will consist
of volunteer Police Officers numbering no more than ten (10) officers
during anyone time. Assignments will be made in conjunction with
individual interests and endorsed by the Kids and Cops Committee. These
officers will serve as role models, instructors an counselors to the
youth representative involved in the program.
Officers will be selected through a process established by the Chief of
Police or his designee. Compensation will be in the form of
compensatory time at the rate of 1-1/2 hours for each hour worked with a
maximum of five (5) hours per week for any officer. Hours worked in a
shift will be considered work related time.
-2- Res. No. 18-91
- -- .-
- 4_," "_ ___."_.__.""__~._"..__"'._ - -0.'0. ___~___,_________..__.______~_"___ o__,~__.__._
Section 10. That recruitment of participants for the program
will be done by the Kids and Cops Committee in conjunction with
recommendations from the Police Department. Possible resources will
include referral from churches, schools, the Parks and Recreation
Department, and citizens.
Section 11. That the Kids and Cops Committee is authorized and
encouraged to review matters which are of City-wide concern, including
but not limited to the relationship between the local youth of our
community and the Delray Beach Police Department to identify any
concerns and problems of a City-wide basis, to suggest to the City
Commission certain specific programs, guidelines and outlines to address
these identifiable problems, which programs would serve to promote
harmony and communication between the youth of Delray Beach and members
of the Delray Beach Police Department, and to sponsor activities withtn
the communi ty which shall also serve to promote such harmony and com-
munication.
Section 12. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 13th
day of M;'lr~h , 1991.
~~L
ATTEST:
() f"v;n f(}!f1 )./;; ~ jja:rI:y
C1'ty Cler
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I - 3 - Res. No. 18-91
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (J1;j
SUBJECT: AGENDA ITEM # 'l P - MEETING OF APRIL 23, 1991
INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD
DATE: April 19 J 1991
This item is before you to consider an interlocal agreement between
the City and Palm Beach School Board for the acquisition and
development of approximately six acres of land located directly north
of S.D. Spady Elementary School. The agreement provides that the City
will purchase the land with the School Board reimbursing the City 50%
of the purchase price not to exceed $400,000. This action is being
taken in order to facilitate the construction of an entrance to S.D.
Spady from Lake Ida Road.
Additionally, the agreement provides for the School Board to pay 50%
of the cost of extending N.W. 8th Avenue to Lake Ida Road up to a
maximum of $30,000.
Recommend approval of interlocal agreement between the City and Palm
Beach County School Board for the acquisition and development of
approximately six acres of land located directly north of S.D. Spady
Elementary School.
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~Jl"" """hl."~-~l"'~!~~:~', INTER.LOCAL ~GReEHgN'l' ,,\ ;I~
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! '. THIS AGREEMENT, entered into this J .JIll" d.y 'o~t.J;~~,>
lo.,--'...... - .. - f 1991, batween the SCHOOL BOARD OF PA~M 8~ACtf
, t
f("JN'l'Y, Ft.ORIOA, a corpora~e body politic pur:suan~ to the
, '
~ fc,n.-. t i tut ion of the State o~ Flor ida, (hereinafter feler red
~ r) ;IS "SCHOO[" BOARD"), and t~e CITY OF' DELR.AY BEACH, fLORt 0\,
. ('1Qclda municipal corporat.ion (hereinafter referred to .""3
,
'..; Let 1 v It) ""
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WHEReAS, it is the intent of the tocal Governmr:l)t
" ,:',' '\ ~ '~,: -~ :: .
i ~":'~,:c(\heri8ive planning a[\d Land Development R~9ulation ^ct I
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. ~ I. ~ ~ .~~~;. ~ !;;;".\"~3. ) 161 (4), flot i~~S tar~F ~~S, to encou rage .In,'}
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lJ . ~:~,.. 1~1 " t: '., '_ I', _ ',.~, _~~',' l
; ~ ,~, '!e1):~i)rc, ,coop.'.tiQn between 'and among the local--gov&-rntTlI-'clt-
.~! .1.;;' :~:'. 1 t.: 7,. '~},"';(~, ::,~',,:::~~,': A:~" .', I,.. ~
: dptH:.te8~fto, provide for the ooordination of developtni:tit
~, .~ '. !<. .(~.' -;~,~:;.,. i~~..r. '~I. .:~', ~:I... '
i" ',' ,~.~~,,~ ~':~~~~~el~~t?f ';,un ~ ts of locll :gOVEU r'lmen t 1 and
_,_ . '. l~' '(\~ 1 ',;_WIIERBAS, SCHOOL BOARD is the conttolling cody t,f
: ~.; -/.' ~ :.. ' . .'. , ' I
.;. ; t:;t;("pu'~llo:school$ of palm ~eaeh County, Florida, and docs
''o'" .oj , "'. ".',.,
t 'i:. t. ,f, . .
O~i1 "Mloperate IIChoo19 in th',e City of O~Hray Beach; and
. .." ,.I.~. J,:'" ~.~r -. ~..:> ~""
" " . i . "wu.RR8AS, this Agre,ment is entered int;o under th~
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, ',a\d.h.)(ity of seotion 163.01, ~lor;ida"...~t~tute!, and
I.
I WHS.BAS, SCHOOL BOARO and CITY reco9nize the
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.
[1-'(., '1'llYI~r'\dat ion of the Delr ay Beach/School 60ard 'rask ForCt~
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C (; n :<:;: P. r'\ S U S St. t e men t t 0 ~ u b 1 J c 1 y and j 0 1 n t 1 Y pur sue
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a~'~l,lll5ition of approximately six (6) acres of land loca~e,J
1 di r e c: t. 1 Y no (' tho f S ~ D. spa ~ y E 1 em e n tat y S c h 00 1 a n ~ t ,')
I - --- - -'ff:i-l-i't~'te- access 'to the $~h~91, and
1 WifE'lfeAS~ CITY is aesirous of improving traffir.:
/
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4 7~.~_ Ap r 18,91 12:24 F'. Cl3
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... ,'. :' I r .," 1 at Ion and SCHOOL' BO~,~~ ~lla "d," '~~,~l~,t.r~~~}!?'~, /~ t tp (
-H,ll;>
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a~~\':t'.r,a to Lake Ida Road 'fr(lmt~',~~p., ,Spady, ;J;'l~eJl1enttry schol,l,
~ ; , " '~1~ r<~ 'li f ~,'r' '1t:i,? i.4~ r" .- ".1,
, 'l'.t'l tt,'\i' _~I+, :t'T ,1 .-
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, ".J. j' ii~t'.'~~\';' ~:i ;"'t,:,;lt.,;,;;;-,\;~~ r,11
WH~REAS, SCHOOL BOARD and CIT~, believ~~~at a joi~t
. ..1.".,.
\l~':' tecrea t iona 1 fae! 1 i ty adjacent to the existing $. 1;). Spady
, .
i f.l.. f::<':11 ta r:y School boundarle~ ~ill be mutually advlntageo~~;
1 1:'1
,
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, 1 it Ie n~Ce88ary tha,t'CITY!:acqu~re eert.=t In
W"R~eAS,
J r.')FC( ty, '._, ,', -. I~""'. '~';~"'''''-~:_~_''' _.. .
a $ mo r. particula"riy"<d~sc[ ~bed~'hereln ~.: along Lab~
l : "..;:. :;: ':~ ,.;,; .:,~ f)' 1-. ': ";' ,: ~;;.'~ :-.:' :':~: ,.
:
tt1l RI')ad to provide a stormwater dr,ai,~~9~,:,,~~~'r,tlon 43rt':a"
j ''',} .' ..'. ":~;"'::j\~ '.1'f,iJ "'~~" -
I ~h,:' (e for. . .. " ~ ~'~t',-.i',A4':l,',; ..,. ... .
i ..,i,~: :J;.; .1, ~ ,.....:",q., or .,
l NOW I THEREFORE, ~~r>fand '~n.;~\It.18~;f,"!ca'~{.;~I,~I\. of HI e
I . . ' ~., J':,: :i{; j:,,;,j+.>:.,r:f<t~.:P'W ",1t'i' "
9'"'' ^.. t. he ( e in COn tal ned ,t~e?~a(t!1~t'~Wf~"ff'~ 19'18' .
I ' , ;,.' '" '" ~,,,,"''''i''''~'~', . .. ..",...,..t~ 1 .
I : 1 · C I T'Y s h a 11a~.~~~fr''':'b;yJ9ilf';'~ pu ~i::b~a s e, c, r
I i ,;', ..~. .\ "~.,~~.',:,:";,;,:.f'i ,~';:'_ .' ,
~rr' lnel"lt domain, all parcell' -lYln9:i~ith(ri ::t~e, ,;area ~s
I~\ '. rfit'~ltl\l!~n!t f' .
~' ~ ~.~..' \..... ,r.~! ~""""ob: '>:.":.. ~.. ;ilt'.~~:+/;'; )I
~(':',(~r i~ in a.t.tached Exhib~t ,ltA-. ' ';J;~<'-~ t:,: ~~, "/f1_':"~' :: ';
, _1.....,...., - ",,1 ..~-i~t\~l "',
:l ; "111' '0{ ;. ,. I "-. '. .
· 2. Within forty-five (4:5), ~~y,.r rf fj1t,lr~q"ls It ((,0
oJ tf.tle t.o all of the land~ ~esetl~ed,'in"ExJfU;:li~,;:.A", Cl'1'i
~ ': ~. ~"." ~ "':' ; 1"";' i
, S~'1.11 t convey by Warranty Deed to SCHOOL\,~QA:RO':"~h,ra,t,~portion of
. : .: "',L' . .>, ";;, "
tl:(' prl:lperty immediately adjacent to ttuLl10rthern boundary ot
. - , \ , ~
s.n. Spady Elementary School, less the rlght-of,~~ay ,necessary
l ~ . ': ' 1-. "'; i:' ":,',:' ,''';' ... "; _,
fl"'1' l.he extensions of N.W. 8th Avenue and N .w~ ll'th ~venL1~,
.\
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ai, :;,:',(C particularly describad in attached Exhibit "8". Suql')
,
P:l'ii'~'rty will be developed a~d maintained by SCHOOL BOARD at:
,
I joint use recreational facility.
Sc j\ )!'iT, 110ARO t S exp~nse as a
eli f shall retain title to ~he-,landa- ,d-esc-r-ibed -i-n--4t-Nchc\~
i r 19ht-O..f=,~a"y_ J'\eQessa r f
E}(!, i :'d t "C", anCl sa tel lands,I_.J~~8_the
.
f (r I 11 f) extensions of N.W. 8 th Avenue and N.W. 19th ,,"venu,?,
2
1"::)1 l-"'~'c P.04
CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Apr b,~ f'LJ
. . }
. .
." .
,. -'
, :0::1: "11 be utilized for the purpose of provid in9 a stormw<.1ler
t
~r~inage '.tent1on area.
I ,
~ 3, SCHOOL BOARD ~hall pay to CITY fifty (50%) fer:
~(,'j ~, oe the purchase price ,xpended by CITY on the pt'OpH ( t'i
'I
~1'; ~;\.:. (' i bed 1n Exh1b1t "AIt, pJ'ovided, however, that the hi t ,") l
\ ~~ ~ ,1 t.O CITY by SCHOOL BOARD shall not exceed four hund r>~
, t.1""1113.'1nd dQllars ($400,960.90') . Payment to CITY shall \".:0
I
I
I .1; '! . '1 ,,~ on a pro rata basis at the time CITY acquires t l-x (,
I
, I
l {,),nV lc1ual parcels, ana paym~ntehall be made to CI'l'1 wi t.h i n
"
t1,lrty (30) days of demand m~de by CITY to SCHOOL BOARD.
4 t Within forty~flYe (45 ) days of the C I 'f i 1 $
! title to the 'lands described in Exhibit "1\" I
"r'jllisition of
;
S\'IOOf) BOARD shall eonvtty \.0 CITY, by Warranty D~ed, tbe
I _ - - _.. c.:
...k..t/~rlY t""enty-five (25) f~et of the exist.ing school s i I I~
" I
i \J5ed addit10nal right-of-way for N.W. 10th
l(', ~,\~ as Aven Ilf', .
~~ I
, , .
:, ....--'--. .
\ reconstruct th4~ port.ion of N.W. 10th
C I 'I'{ S hall Ave fill!'?
j
! N.W. 3rd Street a~d N.W. 4th street, lncll.ldin1j
b~I.""'.~Gn
.
~ \
, ~tW.
c'f l r t~ c t 10n Of the jog at 3rd street and N.W. 1 IJ t I)
\ }\~~.n,l~ , and shall consttuct .n extension of N.W. 10th Ave:)d~'
, Road.
f 1 '_'('I N.W. 4th Street to Lak~ Ida Said construct i(ll)
r.h11 1 commence within sixty (6e) days of ~eliveri' of s:'\ i i
I. from SCHOOL B~ARD. It 1& desired that th~
rJ.'3ht-of~way
,
, '
eft~n~ton to N.W. 10th Avenue' be available for use concurc~nt
wl~~ the us~ Of the new facilities and parking are~s.
I
,
~ 5. After acquisition of all property along
t h,
j
_, _. _ ,'..., , ._ ", _, nAo.h_ ,hounda:yof the existlng N'~W~' '4t"hStreet ri9ht-of-...:ti
bj ~:('1100L BOARD and/or CIT'i, c:;:rT"i shall abandon the r 19ht-of."
(
3
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Rpr- 18,91 12:26 F'.05
. . i
. ~
.
W<~l l' ,,:~ ~escrlbed in at.tached Exhi.blt "0" an<:l shall di8cl~tffi
~ni" municipal interest in said abandoned r19ht-of-\tt'~1'
,
.'JI..je'ct to exl$ting ut.l11tie" If any. \
6, SCftOOL BOARD, withIn one hundrC!d twenty (] 213)
I
~ 'liH of acquisition ot the lands described [n Exhibit II 1\ ,. ,
f'l" ~ 1 convey to CI'rY, by Wa~ranty Deeo, such pOt t ion of t:'\Q
E"I . , 1;:[ ly boundary ot S.t>. spady Elementary School sHe .'l":;
.
It'l . be "greed in or(1er to tacilitat~ the extension of .,..; . ',' .
. 1
8 I It J\venue to Lake Ida RQad. CITY shall construct .1:'\
. . --
~~I~"Rion of N.W. 8th Avenu~ from Lake lda Road to N. W . ),d
,
~t(f..(?t which shall be suitable for school bus usa )"1.
~(I!Ht.['uctlon of this ext.n~ion shall begin within two ( ~ )
I
r!~..1 t s of the cQmplet 10n of t~e acqu 1 a 1 t ion of lands de see i 1','-'"
I
~ 11 !Xlj ib.it "A!! and ,-r~celpt ()t' the necessary right-of-way ((,)(\1
(
$','lIf'l('II, BOARD. In add1t1on to the funds expended pursuant 1.('
3 of this 1 sCaOOL BOARD shall f i f tl
~., r '.1 9-(.~..P h A9reE'Hne?t, pal'
I
l ') ~~ '~ ) per cent of the cost of the construction and r e 1.'l1; .: d
!
~'t,)."t f :\ incurred in extenCl1ng ~N.W. 8th Avenue to Lake Ida n,) '1,1
~l i' to a maximum expend i tU're of th1rty thousand doll .j [' :3
(~'\,~/~00.0~) . SCHOOL BOA~O ihall make payment to CI'n -~f $
,.'..'.l'lir~d 1n thi.s paragraph within t:hirty (30 ) days of wr i t t,-, n
tr:'pC~1t by CIT'l. I
I
~
7. SCHOOL BOARD shall construct 1m.,pt'ovE'ment$ to
;
t, I' t' ;~. n . Spady Elementary School 1n the approximate amount ~E
l.. '.1 10i1110n, five hundred thousand dollars ($2 I 513~, 0~~. 'l,')
,
1
f" !.' f ,\\;: i 1 it i e s a nil improveme'r'lts as shown on attached Exh i:, j t
.. ,. ... .. . '''0"
t. ht1.. Such improvements shall be commenced by SCHOOL BOilf.\;/ ,-,'1
( ( ~.;~.t()('e - and shall be completen on '.~) r
-~ . ...~
,
4
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Rpr 18,91 12:26 F.06
.
. .
.
be f.H'0 1 I:::. .. .
} _JiI .-.. J.iLl -1
e. SCHOOL80ARD a~d CITY cJ9cee that the prope rt y
~
a,'> I' lit cd by CIT~ between the ex 1f~ t 1n<j S.D. Spady El~rnentary
S;c'hQ.,l site end l.ake Ida ~oad shall be used for publio
pl,ll ~'),$~.s acceptable to both CITY and SCHOOL BOARD.
:
9. In the event th,at litigation ShAll be nCCe$s.H i
(\.! the enfQtcement of this Agreement on behalf of e i Hl ( r
I
p ',' r t i , then the prevailing party Shall b~ entitled t <)
~
t: ': .~ :: n nab 1 eat to (-n e y s t fees and costa incurr@d in s.~ j Ii
111 tJ,:\tion.
19. Thi, Agteement may be modified only b'j ftlut'J'il
t::r'~ ,J\\Jtion of the partlea' respective governing bodies.
11. Th 1s Agreement shall be filed with the Cl.:.t"K
()f I he Circuit "Co'urt"; in 'nd for Palm Beach County, Florid~.
12, All notices ~ere1n required, permitted t(J t..~
~I
'ii~,.~.) -lo or: served upon elt~er party, shall be in writing.
.
Anr >.,I.lc:h notice shall be dee~ed sufficiently given or serv~:<l,
fr u~ r "ed personally, sent Certified Mail b'j the U nit; f. d
SIt 1'1 t (~n MfSil, or by any n4tionally-recognlzed ov.rni.)ht
ee: I t- j 10' l to SCHOOL BOARD or CITY at the address(es) set forth
<1" (., llows:
"
.
A-.. t.') SCHOOL BOARD; SCHOOL BOARD OF PALM BEACH COUNi\
Ottlce ot General Couneel
3g" ReA Boulevar", Suite 7010
Palm Beach Gardens, FL. 33410-42i2
Wit) c!)pies to: T~OMAS J. MILLS, Superintendent
3910 ReA aoule~ard, suite 1011
P~lm Beach Gardens, FL. 33410-42~?
A'~- I.,') CITY; .....~r _._
. C n',1._0,F,n.ELFt~Y Be~,CH; F-LORlDf\
~ .,. City Attorncy.s Office
310 S.E. 1st street, Suite 4
Oelray Beach; FL. 33483
5
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Rpr 18,91 12:27 F' . Cl7
,
.
.
.
h;th copleli t.o: DAVID HARDEN, C1ty Manager
190 N.W. 1st Avenue
Delray Beach, FL. 33444
1 :3 , This A9t.~ment shall be construed 1 n
I
,ft....,'(".,'ance with the Laws of 'the State of Florida.
14. If any term or: provision of this A 9 r e <:: :''1 ~~ 'I t
t',: ,I ) 1, to any eltt:.ent, be deemed 1nvalid or unenforceable, Llll~
I . ;:':\ i :! <1 e r of t.his Agt'eemel'lt shall be valid and shall hI)
~>;', (,'reed to the fullest exte'nt of the law.
.-
15. In the event CfTY 18 unable to or unsucces~f,Jl
j i) 'JI:..]uiring title to the lan~8 desctibed in a t tach~d Exhi tit
.t. ;' priot' to January 1, 19'2, eith~r party may cancel t. h l :~,
I'
!
, I, _; f .~C';nlin t, and both parties s\'lell be relieved of ~ll du t. 1:-:'$
,
i
I a:'" 1 r~sponsibl1itles hereun~er.
i .,..
I this
, IN WITNeSS WHE:l{~OF, Agreement has r,C'r:n
!
I f.: " ;'~ ,; I) t e d by the parties h&re1n on the day and year f i ( .) t
~ 0,
'...
''':'',h'C v.tritten.
I
I
, ~. ' J'~ C' d 1n the presenoe of: SCHOOL BOARD OF PALM BEACH
I i COONTY, l'LORIOJ\
, - , . , __..If....... ~ .~ -~-'L ~ ~~ 111'__ . ,--- .w.
i ; BY, Lynda M. JOhnston,
I . Chairman
i
I
7.,.. ":Cl the 80ard" v ......... __Ill.. r rhom&s J. r-u rrs ~ .... ...
Attest:
Superintendent
-- ,'" - 'U. .. . ..', >>-,. ...,.
6
~ ~ ": OFFICE TEL ~~o. 407 278 4755 Apr 18,91 12:27 P.D8
- T "T'
- - -
" '- ....
.
-
';', l; fHAt'F,: Of FLORIDA
~ (", I:, :'\I'{'( Of' PAI.JM BEACH
I HERESt CeRTIFY that on this date before me, an
J i
'.<:.,f( leer duly authorize<i 1n the Stat~ ~nd County name4 a be) V e
l .) t ,) '" e ac)(nowledgments, person~lly appeared LyndJ t1 .
,j ,1\ rl~ ton, Chairman, and Thomas J, Mills, Superintendent, of
t. :;...... SChool Board of palm Beach county, Plorida, and lr: (;:y
f
'"d.. r"\1";Iwledged before me that they executed the for e 91) i n 9
j
.
in~,trument as said Officers and that they also affix00
\ 11~'~to the official seal of the School Board.
j SWOR.N TO 21 n d subscribed be fore me this o;-,y
y-....,
nf , 19 .
. _...,rlJ - . -
ftofARY PUBLIC-:- .... - . . .~ ..
-
Mr Commission Expiress
I --
, -~
j CtT~ OF DELRAY BEACH, FLORIDA
I
I BY;
j
j ~ Mayor, ~homas"Lyneh .: ~.-..
Ai 11;<;'1' I
.
: I'
!
i , A 1 II
C it-i - C 1 e r k
!
,
An'( o\ted as to For m;
"
f
~j l'~. '~'A t tot' ney
; ._... ....__ _ __ _ __ _ _ _ On ... ... _. __ ." _ - -. n .
7
:MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF APRIL 23, 1991
ORDINANCE NO. 35-91
DATE: April 17, 1991
This is a second reading of an Ordinance annexing to the City a 29.49
acre parcel of land lying and being in Section 13, Township 46 South,
Range 42 East, Palm Beach County located at the northeast corner of
West Atlantic Avenue and Barwick Road with initial City zoning of
Community Facilities (CF).
This annexation has been contemplated for more than a year. In Plan
Amendment 91-1, the Future Land Use Map designation for this property
was changed to Community Facilities (CF) in order to accommodate a
middle school at this site. Subsequently, the School District has
acquired the property and is now seeking annexation to the City with
the intent of constructing a new middle school.
The Planning and Zoning Board at their March 18th meeting recommended
approval of the annexation. Comments were heard in opposition of the
annexation and regarding the inadequacy of the traffic report. A
traffic report is not required until the submission of the site plan.
Further, at your March 26th meeting, comments were heard relative to
the compatibility of the proposed site with Florida Statutes. The
City Attorney's Office was directed to investigate these comments. An
opinion, from the City Attorney's Office, is attached as backup
material for this item.
[IT' OF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 3\ () S,E. 1 sl STREET, SUITE 4 . DHRA Y BEACH, ILORIDA 334H3
407/243- 7090 . TELECOPIFR 407/278-4755
MEMORANDUM
Date: April 17, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Proposed Middle School at Barwick and Atlantic
This memorandum is to confirm our officers opinion stated at a
previous meeting regarding the liabilities attendant to the
selection and site planning of the new school. Florida
Statutes Section 235.19 essentially places the burden of
acquiring school sites on the School Board. The School Board
also must coordinate with local comprehensive plans to insure
the compatibility of such plans with site planning of the
proposed school.
The School Board must, when planning the selection of a new
site or improvements to an existing site, investigate the
present projected uses of adjacent property to ensure that such
uses are not incompatible with the educational facilities;
shall investigate the present and projected vehicular traffic
and road capabilities in the vicinity of each proposed site to
assure the adequacy of safety and traffic control devices and
must conduct other studies as may be required.
The School Board has the responsibility to secure cooperation
of municipalities in order to ensure that all necessary traffic
control and safety devices are installed and operating upon or
directly adjacent to the site or any proposed site prior to the
first day of classes or to satisfy itself that every reasonable
effort has been made in sufficient time to secure the
installation and operation of such necessary devices prior to
the first day of classes. The School Board must review
annually the traffic control and safety device needs and secure
necessary changes if warranted.
The statute, therefore places the burden on the School Board to
properly address traffic and other impacting situations on the
site. However, the School Board, once aware of an existing
hazard on or near a public sidewalk, street, or highway
directly adjacent to a school site which endangers the life or
threatens the health and safety of students who walk or
City Commission
April 17, 1991
Page 2
are transported to the school, must within 24 hours after
discovering or becoming aware of the hazard, report such hazard
to the governmental entity within the jurisdiction. Within
five ( 5 ) days after receiving the notice from the School Board,
the governmental entity must investigate the condition and
either correct it or provide such precautions as are necessary
to safeguard students until the hazard can be permanently
corrected. If the governmental entity with jurisdiction
determines that it is impracticable to correct the hazard or that
the condition does not endanger life or threaten health or
safety of the students, the governmental entity within five ( 5 )
days must inform the Board, in writing, of its reasons for not
correcting the condition and must then agree to indemnify the
School Board from any liability with respect to injuries which
arise out the hazardous condition.
Please contact me if you would like to discuss this matter
?1l--
SA .
ORDINANCE NO. 35-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH A 29.49 ACRE PARCEL OF LAND LYING AND BEING IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC
AVENUE AND BARWICK ROAD: REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT:
PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A
SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS, the School Board of Palm Beach County, a corporate
body,politic pursuant to the Constitution of the State of Florida is the
fee simple owner of the property hereinafter described: and,
WHEREAS, the School Board of Palm Beach County has requested by
their petition to have the property hereinafter described annexed into
the municipal limits of the City of Delray Beach: and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petition for annexation effective at this time: and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation: and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
PARCEL tl: The West One-Half (W 1/2) of the East
One-Half (E 1/2) of the Northwest Quarter (NW 1/4) of
the Southeast Quarter (SE 1/4) of Section 13, Township
46 South, Range 42 East, containing 9.65 acres more or
less, in the County of Palm Beach and State of
Florida, excepting therefrom the right-of-way for
State Road S-806 as set forth in that certain deed
da ted the 16th day of April 1964, recorded April 22,
1964, in Official Re cord Book 1015, Page 123 of the
Public Records of Palm Beach County, Florida.
PARCEL '2: The Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, excepting therefrom the
right-of-way of State Road No. 806 and also Barwick
Road as now located, Palm Beach County, Florida
and
The Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East,
excepting therefrom the West 40 feet thereof as
conveyed to County of Palm Beach for right-of-way for
Barwick Road in Deed Book 1143, Page 198, Palm Beach
County, Florida.
The subject property is located at the northeast
corner of West Atlantic Avenue and Barwick Road.
The above-described parcels contain a 29.49 acre
parcel of land more or less.
Section 2. That the boundaries of the Ci ty of Delray Be ach ,
Florida, are hereby redefined to include therein the above-described
tracts of land and said lands are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tracts of land hereinabove
described are hereby declared to be in Zoning District CF (Community
Facilities) District as defined by existing ordinances of the City of
Delray Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected and
persons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
I the City pursuant to current requirements and conditions.
I
I Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. 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 , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 35-91
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl~1
SUBJECT: AGENDA ITEM # I~ ~ - MEETING OF MARCH 26, 1991
ORDINANCE NO. 35-91
DATE: March 20, 1991
This is a first reading of an Ordinance annexing to the City a 29.49
acre parcel of land lying and being in Section 13, Township 46 South,
Range 42 East, Palm Beach County located at the northeast corner of
West Atlantic Avenue and Barwick Road with initial City zoning of
Community Facilities (CF).
This annexation has been contemplated for more than a year. In Plan
Amendment 91-1, the Future Land Use Map designation for this property
was changed to Community Facilities (CF) in order to accommodate a
middle school at this site. Subsequently, the School District has
acquired the property and is now seeking annexation to the City with
the intent of constructing a new middle school.
The Planning and Zoning Board at their March 18th meeting recommended
approval of the annexation. Comments were heard in opposition of the
annexation and regarding the inadequacy of the traffic report. A
traffic report is not required until the submission of the site plan.
AnoE.)(A-Tlou Adue.eA1Si lj ~U"eE.flJE.()-rs:
- 4 CO(lSfCu..J..t()~ WE'C.~S wi mRp ~ I
. j.,O~ S
- 0 M.L ~ ftu-e- n. .;1.1./. '-I
in .!).no uj PH tSrJ l/ /t).8/ q I
()n IS/- f.'R-D , p~EO 5-0
-r J1. . . e. ~e.' ;:::; S. 01.3S.19
/fJs. SRnD,/ /l1'lbDTf I!.lh SED ,SSu... ~.
:fEll J.o ~/t!W II!-Ic~ ~ fJu..b/lc.. 6'heIA['
. ,
ORDINANCE NO. 3 5- 9 1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH A 29. 49 ACRE PARCEL OF LAND LYING AND BEING IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC
AVENUE AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the School Board of Palm Beach County, a corporate
body politic pursuant to the Constitution of the State of Florida is the
fee simple owner of the property hereinafter described; and,
WHEREAS, the School Board of Palm Beach County has requested by
their petition to have the property hereinafter described annexed into
the municipal limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petition for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City of Delray Be ach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
PARCEL U: The West One-Half (W 1/2) of the East
One-Half (E 1/2) of the Northwest Quarter (NW 1/4) of
the Southeast Quarter (SE 1/4) of Section 13, Township
46 South, Range 42 East, containing 9.65 acres more or
less, in the County of Palm Beach and State of
Florida, excepting therefrom the right-of-way for
State Road S-806 as set forth in that certain deed
da ted the 16th day of April 1964, recorded Apr i 1 22,
1964, in Official Record Book 1015, Page 123 of the
Public Records of Palm Beach County, Florida.
PARCEL .2: The Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 Ea st, excepting therefrom the
right-of-way of State Road No. 806 and also Barwick
Road as now located, Palm Beach County, Florida
and
-- -
The Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East,
excepting therefrom the West 40 feet thereof as
conveyed to County of Palm Beach for right-of-way for
Barwick Road in Deed Book 1143, Page 198, Palm Beach
County, Florida.
The subject property is located at the northeast
corner of West Atlantic Avenue and Barwick Road.
The above-described parcels contain a 29.49 acre
parcel of land more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tracts of land and said lands are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tracts of land hereinabove
described are hereby declared to be in Zoning District CF (Community
FaciH ties) District as defined by existing ordinances of the City of
Delray Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, Habili ties, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected and
persons residing thereon shall be deemed citizens of the City of Delray
Beach.
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. 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 va lidi ty of the remainder hereof as a
whole or part thereof other than the pa~t declared to be invalid.
Section 8. That this ordinance s ha 11 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 , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 3'5-91
-,~-
~ 'J(
,::'},-/I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDE:N, CITY MANAGER
'"
~ <:.J\~
~~~ r;rt;~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 26, 1991
ANNEXATION OF PROPERTY AT BARWICK ROAD AND ATLANTIC
AVENUE (Middle School HH2 Site)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will annex
approximately 30 acres of land into the City with zoning of
Community Facilities ( CF) .
The associated project is the construction of a new middle
school which will replace Carver. The annexation is located
at the northeast corner of Atlantic Avenue and Barwick Road.
BACKGROUND:
This annexation has been contemplated for more than a year. In
Plan Amendment 91-1, the Future Land Use Map designation for this
property was changed to CF in order to accommodate a middle
school at this site. Subsequently, the School District has
acquired the property and is now seeking annexation to the City
with the intent of constructing a new middle school.
Please refer to the Planning and Zoning Board staff report for a
full description and analysis of associated issues.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at i~
meeting of March 18, 1991, at a dUly noticed public hearing. One
person, Ernest Scott, spoke in opposition. He presented a
petition and read a letter (copy attached) . The staff agrees
with several of the points raised in his letter with respect to
the inadequacy of the traffic report. However, the traffic
report is not required until there is submission of the site
plan.
Following the public hearing, the Board unanimously recommended
(6-0) annexation with a zoning of C.F.
City Commission Documentation
Annexation Of Property At Barwick Road And Atlantic Avenue
(Middle School HH2 Site)
Page 2
RECOMMENDED ACTION:
By motion, approval of the annexation ordinance on first reading
and set a public hearing date (for second reading) for April 23rd
Attachment:
* Correspondence from Mr. Scott to the School Board (dtd
9/19/90)
* P&Z Staff Report & Documentation of March 18th
DJK/#77/CCSCHOOL.TXT
. v: - :-J€" ?~lm .2I,=~<::;-, ~,~'-,n~ v 5c..:-.1'=)<':'_
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'. ~()7) -4:'~.S - ~56":
:)A7=:: Se;:>~emoer - - . .l. -?S(J
:1v name ~s '=:rnes-c. .sco~-c.. ... :~ve .:.n "":-:-ie ~re~ ,-:>1: the proposea new
sc.,ool s~~e. ~ nave l~vea trtere :ior aimos~ ...~ years ana have oeen
ac-c.~ve ;.n commun~-c.y a='=a~=-s z:or ~-:ia"'C per.:.oa 01: ~~me. - w~s 1:.he
-
;:>r.:.mary -person .:.ns't.rumen't.ai ~n -:.he ~ ns"t..a~':' ac .l':>n oi: "=..ne or~9~nal
't.ra1:-i: J.C s~':lnal a-c. -c.:le ;.n-c.ersecc:..:.on 01:. ~"\"C.:ant~c :\venue ana .2Iarw;.cn:
~oaa. - :ieel am more i:~m~l~ar w.:. -::.;-. 1::"Ie area -:..")an ;:>rooaoly 95~. oi:
~ ...
~:le ?eu9.ie a't. 1::11':' ,.. mee't.~n(~ .
:;: have a copy ox l:~e ~mpac-c. analysis -preparea on .June 20. :990
i:rom .l.ni:orma~.l.on sup;:>l.l.ed oy t.he Scnooi aoara ana Coun-c.y cn':l.:.neer.l.n':l
i:Je-par1:.:T>en-c.. ... questJ.on 't.he accuracy 01: '=.he .:.n:orma-c.J.on supplJ.ed i:or
t.h~s analys.:.s.
Why does th.:.s analysis s-c.~'te "CrJ.~1:.. -c.he A'tlan't~c .'1Venue ana
aarW.l.CK Road .l.n't.ersec't.;.on .l.S a "T.' .l.nt.ersec~~on wnen .l.~ .l.S .:.~ i:ac1: a
"croes" .:.nt.ersecc:.J.on. Sherwooa Fores~ ;)r.:.ve was construc~ea .:.n ':'989.
-... i0oi.:.11 have ~rai:f.l.c to and i:rom 120 90...i: course nomes: .:.~ w.l.l.l. also
...-
have 't.ra:ixic to and xrom Sherwooa Gol:' Club. 7here are 1:.WO lanes ox
t.ra:t-f ic each way wJ.'t.h vehicles ':lo.l.n':l st.ra.l.':ln't.. lei:-:.. r.l.':ln't.. and
maKin':l U-'Curns i:or a to't.~.l of I 0'..1 r 1:. €'!?n dJ.Iferen't. direc't..l.ona -c.r~f:fic
can 90: a dan':lerous .J..n't.ersec~.:.on even w~:.nou't. ?edestr.:.an l:rai:i:.:.c.
The analysis i:~J.ls 't.o men1:..:.on th~1: on the west s.:.ce oJ:' oarw.:.cK
Road. across from ~he ~nree ;:>ro;:>osed ar.l.ves are a ar.l.ve access.l.ng a
':las s't.~'t.ion. ~ conven.J..ence st.ore. a de:i..J.. ana. a J:-armers market..
There are also t.wo roads ana fourt.een ;:>r.l.va~e dr ~ veway,s
~
.
access~ng o~rec":.:'y on-co :sarw~cx .;-c~o.. ,~ :. :. lon d <::::"s~.3nce ,:;,z
:SP9ra^.l.jt\et..€:=~ y .i . 2:,(j() :ee'C..
'..;hv are 1:.here :10 access or:..v'es ?.J.ann"1!c ::'or A-:.:'an-:.:..c AV"1!nue;
''::CJ1J_ a ' r ::.e ::,ecause -:';""J:",S wou':"o c~l.;..se ,~ ':J .~ n g e r Q '.lS .a.l.-::'iJ~~:'':In ::or
ven~c:'es: !s ~c:. ?oss~:::':'e ..~-c:'an-c:..c ....venue loS 1:.00 dangerous ior
ven:..cular access ::'1..11:. no't. ~oo o.angerous -for T?eoes":.::-l.ans? 'oNnen
At':' an 1:.:" c Avenue :..s s:..x-laneo. w~.:..:. ' - :::'e sa:ier i'or T?eces-cr:..ans?
Wha't. t1.me 0% 1:.ne oay was tne re:ferencec c:..ra::i:..c scudy done? Was
1:.rai':i:..c at :..-cs geare:;
:'0 you. members o:r.- the schoo':' boara. xnow wha-c AADT (Assumeo
Average ~al..i.y Trafi1.cJ !!leans; Do you ,..0; now tne Pear<: :1our 7ra-fiic
Generat:..on means -chat. -cra:i:i:..c volume :..s an avera,?e ana ~ a peaK?
Do you Know the oeaK crai-f1.c was no 1:. analyzed l.n ":...loS a n a .:. y s 1. S ?'
On a scale 0% A c:.rough F. wou:'o you be sat1.s:i:..ed w:..th C. when
:..c:. comes Co your own a:iia:..rs'i
The 1989 MPa 7ra:x':r. :..c Counts on West l'\1:.1 ant:.. C Avenue :..naJ.cate
that the roadway l.S operating at a level 0% serV1.ce below "'C. ." Ii
six lan1.ng br.1.ngs .lot. up to '.C. ,to how long be:t'ore lot w:..11 be below "'C.'
again :' Possibly by 11=*92: wnen 1:.ne school ana 51.X :"an:..ng are 'Co be
complet.ed'?
?lease reao Sect.ion VII. Conc':'usJ.on. 0% t.he AnalysJ.S. Do you
understand 1. t :' r ieel. r am a reasonaoly l.n'Cell1.gent gerson. ana I
C1on't..
The Analysis recommenoeas -chac:. "turn lanes =:,e ?rov~eeQ at access
90.1.nt.s to the 9ro)ect on Csarw~cK Roae. .. Ace c..1.s 'Co 1:.r1':: a.i.ro!:litCl'l
congeet.ed area 0:1' 15 dr:..veways ana 2: roa05 on the west s:..de o:i
Barw.1.ck Road. all with.1.n 1.300 ieet.
".otJhv J.n 't.:-,e wor':'c ....oulo .~nvon,= '..~n~ ,~ .schoo:" .~'": -: ;-, .~ t lc,c~t1.on -;..
'''ololr,a't. coula 't.:-.ev ~e 't.n1.nt<l.n? -!ioou't.:"
,':-.ese -!ire -:.he -:....0 :nos't. o~ten as;..;eo ques1:.1.ons ~v ?eo?le l.n 1:. he
area of: 1:..he ;:>roposec S1.1:..>3'.
~ reques1:. c:.~! a t. you :nembers o~ the school boarc :'OOK into 't.h1.s
...
ana.l.ys1.s ana the J.n:orma'C.1.on :rom wn1.cn it. was develo?ed be:ore you
dec.1.ae ,,:,n t.h1.s 51.te.
I request c:.hat you visit the S1.te. 1.:f you have noc:. done so.
?lease cons1.der all 0: tnese ques'C.ions and :ac'C.s. and I believe
you w1.l1 reJect tn1.5 51.te.
Thank you Eor your t.1.me.
.
PLANNING & ZONING BOARD
CjTY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: Y>Rrt!h 1B ] ge; 1
AGENDA ITEM:' IILA.
ITEM: A~nexat~o~ for.Micldlf>.Srhnnl HH~~ N W r.nrnF'r of RRnvirk rind Atlr1ntir (Srhool Dis~ric::)
\nth ImtIal CIty ZonIng of CF (Community Facilities).
, . -
, N
, 11
ATLANTIC l AVEo
r II II / rOI
.... . -.. '.
:: ~ : ~~ . I I J
~. .. ~ ' ~ I I
.. : . ..-!.. ~ I. I
GENERAL DATA:
OWner...........................School Board of Palm Beach County
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Linda S. Howell
Location........................Northeast corner Of West Atlantic
Avenue and Barwick Road.
Property Size...................29.49 Acres
City Land Use Plan..............Community Facility - School
Existing Zoning.................Unincorporated Palm Beach County
AR (Agricultural Residential).
Adjacent Zoning.................North - County AR (Agricultural
Residential) .
East - County AR and City POC
(Planned Office Center).
South - City PRO (Planned
Residential District) and
R-1AA (Single Family).
Southwest - County AR.
Existing Land Use...............Vacant
Proposed Land Use...............Public Education Facility,
Middle School.
Water Service...................14/f water main along Atlantic
Avenue, and a 12" water main
along Barwick Road.
Sewer Service...................8/f sanitary sewer line along Iter.:: lILA.
Atlantic Avenue.
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
annexation and i~itial City zoning for the Palm Beach County
Middle School HH-2 annexation (91-043), a 29.49 acre area
comprised of two (2) parcels lying north of Atlantic Avenue east
of Barwick Road.
Action on this item is via a recommendation to the City
Commission to either annex and establish initial City zoning on
the subject properties or to reject the annexation.
BACKGROUND:
The proposed development of Middle School HH-2 is intended to
replace Carver Middle School. This middle school site also
replaces the existing Davis Road site acquired by the School
District in December 1986.
The "Sharing for Excellence In Schools 1990" plan and program as
presented by residents of the City and endorsed by the City
Commission supported the relocation of Carver Middle School and
maintaining a racial balance of no greater than 60/40. The
recommendations of the Sharing for Excellence plan were approved
by the City Commission and forwarded to the School District.
While the School District did not adopt these recommendations
they did adopt a consensus statement which supported the
relocation of Carver Middle School.
The School District initially acquired property west of Davis
Road south of Delray Shores for a middle school to replace Carver
Middle School. As the School District and the City evaluated the
actual development of the property it was determined that the
access to the site from the north, through Delray Shores and from
the east, Davis Road, was not acceptable. In addition, the site
was not well located to meet School District desires relative to
a middle school. The School District then began searching for an
alternative site. The two parcels which comprise the site at the
northeast corner of Atlantic Avenue and Barwick Road were
acquired in December 1990 and January 1991. The district
boundary for students attending the proposed middle school
remains the same as for those attending Carver Middle School.
Upon adoption of the Citys 1989 Comprehensive Plan, the subject
property was designated as Transitional. This designation allows
development as medium density residential or certain
commercial/office zonings. In consideration of the Sharing For
Excellence Plan and the consensus statement by the School
District, the City amended the Future Land Use Map designation
for this site in Amendment 90-1 to Community Facilities - School.
P&Z Staff Report
Middle School HH-2 Annexation
Page 2
A text amendment to the Comprehensive Plan which was adopted as a
part of Amendment 90-1 states:
A more appropriate site (for replacing Carver Middle School)
exists at the northeast corner of Atlantic Avenue and
Barwick Road. This new site was shown as "Transitional" on
the Future Land Use Map as initially adopted. Locating a
middle school here will have less of an impact than uses
allowable under the Transitional designation.
The proposed middle school is planned to accommodate 1,280
students and a staff of 95. In addition to school buildings, the
site will accommodate a Gopher Tortoise Preserve,
baseball/softball, track, soccer, and tennis, basketball, and
racquetball courts. It is anticipated that approximately 15
school buses will service the school.
Relocation of the middle school is therefore consistent with the
Comprehensive Plan and the recommendations of the Shering for
Excellence Plan, City Commission approval of that plan and the
School Districts consensus statement.
The annexation of the Sherwood Golf Course in October 1988
established contiguity with the proposed middle school site and
made it eligible for annexation.
ANNEXATION ANALYSIS:
The Palm Beach County Middle School HH-2 annexation is comprised
of 2 parcels, 29.49 acres of land, which lays north of Atlantic
Avenue east of Barwick Road. As a proposed middle school site,
the annexation of this property will not result in additional
population being added to the City. The area is currently
bordered on three sides (north, east and west) by unincorporated
Palm Beach County and on the south by incorporated Delray Beach.
Annexation of these properties will not cause the creation of an
additional enclave(s). However, it will add to irregular
municipal boundaries. The irregular pattern along Atlantic
(eastward) is not a concern since the County lands are
undeveloped.
Annexation Policy of the Comprehensive Plan: Annexation of this
property is consistent with Objective B-3 and Policy B-3.2 of the
Land Use Element.
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:....
P&Z Staff Report
Middle School HH-2 Annexation
Page 3
Policy B-3.2 Facilities shall be provided to
unincorporated areas, upon demand, in a manner consistent
with policies of the City. The provision of water
facilities shall be accompanied by an agreement to
voluntarily annex upon eligibility unless the property is
already eligible in which case, annexation shall precede
the provision of services.
Water/Sewer Service: The proposed middle school site lies within
the City's service area. There is an existing 14" water main
along Atlantic Avenue and a 12" main along Barwick Road from
which service to the subject properties will be provided.
The school is anticipated to generate approximately 25,000
gallons a day of sewage and utilize approximately 250,000 gallons
of potable water a month. The Citys utilities can accommodate
these demands, although a downstream lift station upgrade may be
required.
Public Improvements: As a result of the availability of services
noted above, no public improvements are required from the City to
provide service to these properties. The School District will be
required to extend water and sewer lines to the northeast corner
of the property for future extension/interconnection to the north
and east. Turn lanes will also be required along Barwick Road.
Police, Fire and Emergency Medical Services: Annexation of the
Palm Beach County Middle School HH-2 site will not have an
adverse effect upon the City's ability to provide fire or
emergency medical services ( EMS) . The property lies within
established service zones although unserved by the City as
present since the area is unincorporated.
The effectiveness of fire and EMS is measured by response time.
The responding station for calls in the area proposed for
annexation will be Station '4, at Barwick and Lake Ida Road.
Response time from this Station is satisfactory and is better
than the response time from either Station .1 or .3 to the
present Carver Middle School site. Therefore, annexation of the
area will not cause a detrimental effect on emergency services.
If additional units are required, they will likely be dispatched
from Station ,I.
Revenue Implications: Acquisition of the properties by the
School Board for a middle school site will result in the removal
of the properties from the tax rolls, therefore there will be no
ad valorem taxes generated from the property. However, with use
of this site the former middle school site south of Delray Shores
should soon find its way back onto the City tax rolls.
P&Z Staff Report
Middle School HH-2 Annexation
Page 4
Based upon estimated demands, the anticipated monthly utilities
fees will be approximately $1,200 about $337 a month higher than
the current $863 average billings at Carver Middle School. This
recurring revenue is in addition to initial connection fees.
The annexation area lies within defined police, fire and
emergency medical service zones, though not presently served by
the City. Upon annexation and development, no additional
manpower or equipment will be necessary to provide service to the
property or the proposed school.
Other miscellaneous revenues such as cigarette, gas and sales
taxes are apportioned based upon population, therefore annexation
of vacant land scheduled for use as a middle school will have no
additional revenue implications.
COMPREHENSIVE PLAN AND ZONING ANALYSIS:
Comprehensive Plan: Annexation of the subject property for the
development of a middle school is consistent with the Future Land
Use Map of the Citys Comprehensive Plan which designates these
properties as CF (Community Facilities). Schools are an
allowable use within this land use designation under CF
(Community Facilities) zoning.
Zoning Compatibility: The proposed zoning of CF (Community
Facilities) is compatible with the adjacent City zoning of POC
(Planned Office Center) to the east and PRO (Planned Residential
Development) of Sherwood Park and R-l (Single Family Residential)
of The Hamlet Estates to the south.
The proposed zoning is compatible with the adjacent County
zoning of RS (Single Family, Kingsland) to the north as the
proposed school site and this neighborhood are separated by an
intervening Lake Worth Drainage District canal (L-33). To the
east is undeveloped land with County AR (Agricultural
Residential) zoning which is compatible with the proposed CF City
zoning. Land west of the subject properties is also
unincorporated with County zonings of CG (General Commercial) and
AR (Agricultural Residential, Highland Trailer Park). These
zonings are not incompatible with the proposed City CF zoning.
sub
Land Use Plan Compatibility Evaluation: There are no
inconsistencies between the City's Future Land Use Designation of
CF (Community Facilities) and the adjacent County Land Use
designations of "12" (12 dwelling units per acre) and C/8
(Commercial or 8 dwelling units per acre) to the west, "1" (1
dwelling unit per acre) to the north, or "5" (5 dwelling units
per acre) to the east.
Current Uses: The property is currently vacant.
P&Z Staff Report
Middle School HH-2 Annexation
Page 5
Standards for Evaluating Rezonings: Section 2.4.5 Procedures for
Obtaininq Development Approvals of the Land Development
Regulations requires that the City Commission make a finding that
a rezoning fulfiil at least one of three valid reasons for
approving a change in zoning. These three reasons are:
1- That the zoning had previously been changed, or was
originally established, in error;
2. That there has been a change in circumstances which
makes the current zoning inappropriate; and
3. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property , based upon
circumstances particular to the site and/or
neighborhood.
The annexation and zoning of the subject property for a middle
school is the result of the Sharing for Excellence Plan and
therefore constitutes a change in circumstances. This change
emanated from citizen, City and School Board actions as expressed
in the Sharing for Excellence Plan and the School Districts
consensus statement.
Section 3.3.2 Standards for Rezoning Actions of the Land
Development Regulations sets forth four standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make findings indicating that the proposed
change has been studied and considered in relation to said
standards.
These four standards are:
1- That a rezoning to other than CF within stable
residential area shall be denied;
2. Affordable housing for moderate and middle income
families, particularly first time home buyers, may be
achieved through increases in density....;
3. Additional strip commercial zoning on vacant properties
shall be avoided....; and
4. That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigAte adverse impacts from the new
use.
P&Z Staff Report
Middle School HH-2 Annexation
Page 6
Standards 2 and 3 do not apply to this request. Item 1 does not
apply as the proposed rezoning is to CF, and the rezoning is
adjacent to not within a stable residential area (Kingsland)
which is buffered by an intervening canal.
The proposed rezoning and middle school use of the site are
compatible with adjacent and nearby land uses and sufficient City
regulations exist to mitigate any adverse impacts from the
proposed development.
The Planning and Zoning Department has reviewed the proposed
zoning against the four standards of Sec. 3.3.2 and no conflicts
exist between the standards and the proposed zonings for the
properties.
Section 3.3.3 Standards for specific areas or purposes requires
that the development of a school not exacerbate the current
unsatisfactory racial balance in Delray Beach schools. As the
district boundaries for the new middle school will be the same as
for Carver Middle School, this is not an issue.
USE ANALYSIS
Description: The proposed middle school is planned to
accommodate 1,280 students and a staff of 95. In addition to
school buildings, the site will accommodate a Gopher Tortoise
Preserve, baseball/softball, track, soccer, and tennis,
basketball, and racquetball courts. It is anticipated that
approximately 15 school buses will service the school.
Traffic and Access: Barwick Road, which abuts the annexation
area on the west, is paved to City standards and is maintained by
Palm Beach County. West Atlantic Avenue abuts the annexation
area to the south is paved to City standards and is maintained by
the State.
Expansion of Atlantic Avenue to six lanes (pavement width of 72
feet) from Jog Road east to 1-95 is proposed by the County in FY
91/92. There will be a median in Atlantic east of Barwick Road,
thus only right in and right out access can be accommodated from
Atlantic Avenue.
There should be no appreciable change in school bus traffic in
the Lake Ida/Barwick Road/Atlantic Avenue area except localized
impacts at the intersection of Atlantic Avenue and Barwick Road
as a result of the new destination for the middle school buses.
The district boundaries for students attending the new middle
school are the same as for those presently attending Carver
Middle School.
P&Z Staff Report
Middle School HH-2 Annexation
Page 7
It is likely that the school bus access and major access will be
off of Barwick Road. Thus, turn lanes will be necessary.
As noted previously the subject property was designated as
Transitional on the Future Land Use Map adopted in November 1989
and subsequently changed to CF (Community Facilities) with
Amendment 90-1 in November 1990. Under the Transitional
designation the property could have been developed as one of
several uses. These uses are:
single family residential
medium density residential (5 - 12 units per acre),
a mobile home park,
continuing care facilities,
residential office,
community facilities,
professional offices,
neighborhood commercial, or
planned office center.
Development under the community facilities designation allows a
school. To determine the potential impacts of some of the
alternative development scenarios; medium density residential at
5 and 12 units per acre, a retail center and an office center are
compared in the Table below.
ESTIMATED TRAFFIC IMPACTS
USE INTENSITY ADT *
School 1,280 students, 95 staff 1,290
5 diu acre 147 units 1,484
12 diu acre 354 units 2,160
Retail 2 story 523,820 sq. ft. 2,516
1 story 261,910 sq. ft. 1,258
Office 627,796 sq. ft. 5,506
* Average Daily Trips
This table illustrates that a school would generate approximately
30 more average daily trips (ADT) than would a 1 story commercial
development on this site and approximately 194 less ADT than a 5
unit per acre residential development. A middle school would
generate substantially less ADT than the remaining alternative
land uses. The significance of any difference in the 1 story
commercial use, 5 unit per acre residential development and
P&Z Staff Report
Middle School HH-2 Annexation
Page 8
school trips is reduced when one considers that the school would
not contribute to the P.M. peak hour as most departing trips
would occur before 4 P.M.
Since development of this site as a middle school actually
contributes less traffic than other development scenarios, the
main traffic issue to be addressed is ingress and egress to the
site.
The proposed middle school will be subject to the Palm Beach
County Traffic Performance Standards, therefore any capacity
problems will need to be solved concurrent with construction of
the school unless the necessary improvements are programmed by a
governmental agency.
CF - R District Separation/Bufferinq Requirements: Section 4.6.4
Special District Boundary Separation requires that where a CF
district is adjacent to a residential district, whether separated
by a street or alley, there shall be a IS' landscaped setback; or
a landscaped setback of 10 feet with a six foot solid finished
masonry wall or continuous hedge at least 4 1/2 feet in height at
time of planting. This issue will be addressed at the time of
site plan consideration. It is known that the Lake Worth
Drainage District is requiring a 70 foot easement along the
northern portion of the property and the draft site plan for the
school shows a solid line of red maple trees along the schoolward
side of this easement.
Public Improvement Needs: There are no public improvement needs
generated by the annexation, zoning or development of this
property as a middle school.
Site Plan Review: State regulations exempt School Boards and
Districts from local development orders as they are an essential
public service. Although the School District does not have to
seek building permits from the City, they have been cooperative
in generally complying with the City's site and development plan
review process and standards as is required for new construction
elsewhere in the City.
Site plan requirements which have been identified during review
of the annexation request include:
1. Provision of a traffic study per Palm Beach County
Traffic Performance Ordinance 90-40.
2. The ultimate right-of-way for Atlantic Avenue is 120
feet, therefore an additional 7 feet of right-of-way is
required along Atlantic Avenue. Additional
right-of-way for a safe corner may be required at the
Northeast corner of Atlantic Avenue and Barwick Road.
P&Z Staff Report
Middle School HH-2 Annexation
Page 9
3. Dedication of additional right-of-way, combining
existing lots, and provision of easements for public
utilities across the site, will necessitate a replat of
the property.
4. The existing asphalt path along Barwick Road must be
replaced with a minimum 6 foot wide concrete sidewalk
along the right-of-way.
5. Fire hydrants are required along all access roadways at
a minimum spacing of 300 foot road travel between
hydrants.
6 . Public utilities will need to be extended to the north
east corner of the property.
7. A gopher tortoise relocation plan must be approved by
the Florida Game and Freshwater Fish Commission and
implemented by the School Board prior to issuance of
any building permits. (The draft site plan shows a 3
acre reserve in the northeast corner of the site).
Special landscape setback on Atlantic: Section 4.3.4(6)(b}
requires a special landscape setback of 30 feet or 10' of lot
depth along Atlantic Avenue.
The second phase of the Decade of Excellence Bond Issue includes
a beautification project for Barwick Road.
ASSESSMENT:
The City can provide utility and emergency services to the
proposed middle school. Development of the property as a middle
school is consistent with the goals and objectives of the
Comprehensive Plan and the Future Land Use Map. The proposed
zoning is appropriate for the proposed use and the use is
appropriate for the site. Development of a middle school on this
site will generate less impacts than would be allowed under other
development scenarios with the previous Transitional land use
designation.
RECOMMENDED FINDINGS:
1. That the annexation of the subject properties will not
create an additional enclave(s).
2. That service will be provided to these properties in a
manner similar to that for similarly situated
properties which are already in the City.
P&Z Staff Report
Middle School HH-2 Annexation
Page 10
3. That the proposed zoning of CF (Community Facility) is
not inconsistent with adjacent zonings does not
conflict with the four standards for evaluating
rezoning requests as found in Section 3.3.2.
4. The proposed zoning is consistent with the City's
Future Land Use Plan designation of Community
Facilities - School for the property.
5. Development of the property as a middle school is
consistent with the goals and objectives of the
Comprehensive Plan and the Future Land Use Map.
6. The proposed zoning is appropriate for the proposed use
and the use is appropriate for the site.
7. Development of a middle school on this site will
generate less impacts than would be allowed under other
development scenarios with the previous Transitional
land use designation.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the Palm Beach County Middle
School HH-2 annexation with initial zoning of CF
(Community Facilities).
3. Recommend denial of the Palm Beach County Middle
School HH-2 annexation with the reasons for denial
stated.
RECOMMENDATION:
By motion, recommend that the City Commission approve the Palm
Beach County Middle School HH-2 annexation with initial zoning of
CF (Community Facilities).
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '06 - MEETING OF APRIL 23, 1991
ORDINANCE NO. 39-91
DATE: APRIL 17, 1991
This is second reading of an ordinance amending Chapter 91,
"Animalsll, of the Code of Ordinances by deleting Sections 91. 50
through 91.52, and amending Section 4.6.8, "Lightingll, of the
Land Development Regulations by adding a new subsection (C) ,
IILighting Restrictions Along The Beachll, to provide for the
protection of threatened and endangered sea turtles which nest
along the beach by safeguarding the hatchlings from sources of
artificial light. All lighting must be permanently shielded or
screened so that the light source is not visible from the beach
and the beach is not illuminated during the night period from May
1 to October 31 of each year. Instead of from 11:00 p.m. until
6:00 a.m., IInight period" is defined in the ordinance as being
that time from sunset through sunrise.
Staff has reviewed the passages contained in the Code of
Ordinances with respect to lighting and sea turtle protection and
is of the opinion that the item is more appropriately addressed
under the Land Development Regulations as provisions of those
regulations pertain to site lighting.
At the April 15, 1991, meeting, the Planning and Zoning Board
unanimously recommended approval of the ordinance.
Recommend approval of Ordinance No. 39-91 on second and final
reading.
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ORDINANCE NO. 39-91
l.N ORDIN~NCE OF THE CITY COMMISSION OF 'THE CITY OF
DELRA'i BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
REGULATIONS", CHAPTE~. 91, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF DEI.RAY BEACH, FLORIDA, BY
DELETING SECTIONS 91. 50 THROUGH 91.52, OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA;
1>.MENDING CHAPTER 4, "ZONING REGULATIONS", 1>.RTICLE
4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION
4.6. R, "LIGHTING", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBSECTION
(C) , "LIGHTING RESTRICTIONS ALONG THE BEACH", TO
PROVIDE FOR THE PROTECTION OF THREATENED AND
ENDANGERED SEA TURTLES WHICH NEST ALONG THE BEACHES
OF THE CITY BY SAFEGUARDING THE HATCHLINGS FROM
SOURCES OF 1>.RTIFICIAL LIGHT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A S1.VING CLAUSE; PRO-
VIDING 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 9, "General Regulations", Chapter 91,
"Animals", Sections 91. 50, 91. 51, and 91. 52, of the Code of Ordinances
of the City of Delray Beach, Florida, are hereby repealed.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.8, "Lighting", of thE'
Land Development Regulations of the Code of Ordinances of the City 01
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(C) Li~htin~ Restrictions Alon~ the Beach: The purpose of
this section is to protect threatened and endangered sea turtles
which nest along the beaches of the City by safeguarding the
hatchlings from sources of artificial light.
(1 ) "Beach" is defined, for purposes of this subsection,
as being that land along the Atlantic Ocean extending either to the
dune or permanent vegetation within the City limits. No artificial
light shall illuminate any area of the beach which may be used for
turtle nesting and hatchlings. I n order to accomplish this, all
lighting shall be permanently shielded or screened, so that the
light source is not visible from the beach and the beach is not
illuminated during the night period from May 1 to October 31 of
each year. "Night Period" is defined herein as being that time
from sunset through sunrise.
(2) Publicly-owned street lights, and lighting at parks
on the barrier island and other publicly-owned beach access areas,
shall be subject to the following:
(a) Whenever possible, street lights shall be
located so that the bulk of their illumination will travel away
from the beach. Where street lights are necessary for public
safety purposes, they shall be equipped with low pressure sodium
vapor lamps.
(bl Lights at parks on the barrier island or other
public beach access points shall be shielded or shaded or, to the
extent lights are determined by the Ci ty not to be necessary for
fJublic safety purposes, shall not be utilized during the period
from May 1 to October 31 of each year.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any pal'agraph, sentence or word be
d(~c lared by a court of competent jurisdiction to be invalid such dec;.-
~;i.on shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 4- That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective te:1
( 10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 39-91
.
13 DELRAY BEACH ANIMALS S 91. 51
REPORT OF DOG BITES REQDIRED. CATS
In the event any person is bitten by 5 91.40 DEFINITION.
within the city then it shall I
the duty of the person or the For the purpose of this subchapter
the dog with knowledge thereof, the following definition shall apply
the incident to the Public unless the context Clearly indicates or
Works Dep taent of the city, or to the requires a different meaning.
County Real Departaent, within 24 hours
thereafter. -AT LARGE.- When a cat nrestrained
( · 80 Code, S 5- 0) (Ord. 18-81, passed by his owner wanders, rove , or rambles
4-28-81) Penalty, see S 91.99 off the property owned by or under the
dominion and control of he owner,
S 91. 27 boarder, keeper, or cu odian of that cat.
RABIES: ('80 Code, S 5-34)
Any to Ii ve bitten a S 91.41
person shall be kept in qu antine for a
period of time as may be des nated by lawful for any person
the County Health Officer for e purpose owning, boardin , or otherwise keeping or
of testing the dog for disease. ny dog having in his ustody a cat to permit the
suspected of being infected with bies .cat to stray t large, or whether or not
shall be released by its owners or at large, t permit the cat to be on
custodian to the County Health Office pri vately ned property without the
for laboratory analysis by a licensed consent 0 the owner, lessee, or other
veterinarian. No liability for ving lawful dominion and control
compensation to the owner of the dog of the rivate property.
shall attach to the city by virtue of any Ode, 5 5-35) Penalty, see 5 91.99
procedure by the County Health Officer.
(' 80 Code, S 5-21) Penalty. see S 91.99
S 91.28 I MPODNDME NT: DISPOSITION.
stray cat found in violation of
Any dog found upon the public any of e provisions of this subchapter
streets, thoroughfares, or other public shall be pounded by the Public Works
places in the city in violation of any of Department f this city. The animal
the provisions of this subchapter shall sha 11 "e tur d over to the County Animal
be impounded by the Public Works Control Diviu as soon as practical.
Department of this city. This animal The pickup fee vied by the city shall
shall be turned over to the County An al be $5 except that or multiple offenses
Control Division as soon as practica . within a one-year iod the pickup fee
The pickup fee levied by the city 5 all shall be $10 for the econd offense and
be $5 except that for multiple of nses $25 for each subsequen offense. In
within a one-year period the pic p fee addition, there shall be mposed a
shall be $10 for the second off nse and boarding fee of $5 per day or each day
$25 for each subsequent offen In or fraction thereof that the animal shall
add i tion, there shall be imp ed a be impounded. The owner of a animals
boarding fee of $5 per day or each day turned. over to the city for dis sal
or fraction thereof that t e animal shall shall be charged a fee of S5.
be impounded. No an imal an be recla imed ('80 Code, 5 5-36) (Ord. 18-81,
from the city unless th owner can show 4-28-81)
proof of inoculation a ainst rabies and a
current county licens . The owner of all SEA TURTLES
animals turned over o the city for
disposal shall be arged a fee of S5. S 91. 50 PURPOSE.
('80 Code, S 5-16 (Ord. 18-81, passed
4-28-81) The purpose of this subchapter is to
protect the threatenee and endangered sea
EVIDENCE OF turtles which nest along the beaches of
the city, by safeguarding the hatchlings
from sources of artificial light.
In th event any dog shall be found (Ord. 49-87, passed 6-23-87)
in viola lon of the provisions of this
subchap er, proof of the violation and S 91. 51 LIGHTING RESTRICTIONS ALONG
the i ntity of the dog shall be prima BEA.CH.
faci evidence of the violation of this
sub apter by the person owning or ha vi ng "BEACH" is defined for purposes of
ch rge of or control of the cog. this subchapter as being that land along
80 Code, 5 5-l5} the Atlantic Ocean extending either to
the dune or permanent vegetation within
S 91.52 DELRAY BEACH ANIMALS 14
the city limits. No artificial light
shall illuminate any area of the beach
which may be used for turtle nesting and
hatchlings. In order to accomplish this,
all lighting shall be shielded or
screened, so that the light is not a
visible source from the beach during the
night period from May 1 to October 31 of
each year. "NIGHT PERIOD" is defined
herein as being that time after 11:00
p~m. through to 6:00 a.m.
(Ord. 49-87, passed 6-23-87) Penalty,
see 5 91. 99
5 91.52 PUBLICLY-OWNED LIGHTING.
PUblicly-owned street lights, and
lighting at parks and other
publicly-owned beach access areas, shall
be subject to the following:
(A) Whenever possible, such street
lights shall be located so that the bulk
of their illumination will travel away
from the beach. Such lights shall be
equipped with shades or shields that will
prevent backlighting and render such
lights not visible from the beach.
(B) Lights at parks or other public
beach access points shall be shielded or
shaded or, to the extent lights are
determined by the city not to be
necessary for public safety purposes,
shall not be utilized during the period
from May 1 to October 31 of each year.
(Ord. 49-87, passed 6-23-87) penalty,
see 5 91.99
5 91.99 PENALTY.
Any person, firm, or corporation who
violates any provision of this chapter
for which another penalty is not
specifically provided shall, upon
conviction, be subject to a fine not
exceeding $500 or imprisonment' for a term
not exceeding 90 days, or both. Each day
any violation shall continue to exist
shall constitute a separate offense.
:)~
\~!v~
C I T Y COM MIS S ION DOC U MEN TAT ! 0 N
TO: / DAVID HARDEN, CITY MANAGER
~0c--~.A ~\ ~VlCL
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 9, 1991
AN ORDINANCE AMENDING THE LDR RE SEA TURTLE PROTECTION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance modifying the text
of the LDR as it pertains to Sea Turtle Protection.
The pertinent section of the LDRs is 4 . 6 . 8 , Supplemental
District Regulations - Lighting.
BACKGROUND:
At present, the protection of sea turtles is addressed in the
Animal Code (Chapter 91) . Since the provisions of those
regulations pertain to site lighting, it is more appropriate that
they be contained within the LDRs under the Supplemental District
Regulations which pertain to "lighting".
Also, at your April 2nd work session as a part of the report on
the Sea Turtle Assessment Program, the proposed revisions were
addressed.
The revisions involve creation of a new section 4.6.8(Cl,
Lighting Restrictions Along the Beach.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not yet formally reviewed this
proposal. They will do so prior to the public hearing date.
RECOMMENDED ACTION:
By motion, approval of the enacting ordinance on first reading
and set a public hearing date of April 23rd.
Attachment:
* Ordinance by others
#,0'6
MEMORANDUM ~G tI'
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF APRIL 23, 1991
ORDINANCE NO. 39-91 ~'I
ql II/Jnt'
DATE: APRIL 16, 1991 Cfto...phll ,
This is a second reading of an Ordinance amending~ th~ Code ot
Ordinances by deleting Section 91.50 thrDugh 91.52} and amendin~~1ie#.0.~
.y\.J- Land Development Regulations by cr~g.giH~ a new 5tttsection 40-~ ( C), '~. .
tt; II Lighting Restrictions Along the Beach II to change the hours during 5;#"1"
which lights visiblQ from the beach must be shielded or turned off.
Instead of from 11:00 p.m. until 6:00 a. m. , ~ new hours would be
sunset to sunrise. IlflIShl-pu.,od'l (.J3' cb.tf
Staff has reviewed the passages contained in the Code of Ordinances
with regard to lighting and sea turtle protection and _r#of the
opinion that this item would be more appropriately addressed under the
Land Development Regulations as provisions of those regulations
pertain to site lighting.
The Planning and Zoning ~ard/At their April 15th meeting)unanimously
recommended approval.
Recommend approval of Ordinance No. 39-91.on J.:U~ </- j .-U..a..&1 ~(
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #, C. - MEETING OF APRIL 9 , 1991
ORDINANCE NO. 39-91
DATE: APRIL 3, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances by deleting Section 91.50 through 91.52 and amending the
Land Development Regulations by adding a new section 4.6.8(C),
"Lighting Restrictions Along the Beach" to change the hours during
which lights visible from the beach must be shielded or turned off.
Instead of from 11:00 p.m. until 6: 00 a. m. , the new hours would be
sunset to sunrise.
Staff has reviewed the passages contained in the Code of Ordinance
with regard to lighting and sea turtle protection and are of the
opinion that this item would be more appropriately addressed under the
Land Development Regulations as provisions of those regulations
pertain to site lighting.
The Planning and Zoning Board has not formally reviewed this request.
However, it is anticipated that they will do so prior to the public
hearing on this Ordinance.
Recommend approval of Ordinance No. 39-91 on first reading.
,..- L/ /;}3
,/
.
~,... .
0~
\S'10~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~DAVID HARDEN, CITY MANAGER
0~~~\~Vt~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 9, 1991
AN ORDINANCE AMENDING THE LDR RE SEA TURTLE PROTECTION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance modifying the text
of the LDR as it pertains to Sea Turtle Protection.
The pertinent section of the LDRs is 4 . 6 . 8 , Supplemental
District Regulations - Lighting.
BACKGROUND:
At present, the protection of sea turtles is addressed in the
Animal Code (Chapter 91) . Since the provisions of those
regulations pertain to site lighting, it is more appropriate that
they be contained within the LDRs under the Supplemental District
Regulations which pertain to "lighting".
Also, at your April 2nd work session as a part of the report on
the Sea Turtle Assessment Program, the proposed revisions were
addressed.
The revisions involve creation of a new section 4.6.8(C),
Lighting Restrictions Along the Beach.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not yet formally reviewed this
proposal. They will do so prior to the public hearing date.
RECOMMENDED ACTION:
By motion, approval of the enacting ordinance on first reading
and set a public hearing date of April 23rd.
Attachment:
* Ordinance by others
CJRDINANCE NO. 39-91
1,N ORDINf>,NCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
REGULATIONS", CHAPTEF 91, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
DELETING SECTIONS 91.50 THROUGH 91.52, OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA;
AHENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE
4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION
4.6.8, "LIGHTING", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBSECTION
(Cl, "LIGHTING RESTRICTIONS ALONG THE BEACH", TO
PROVIDE FOR THE PROTECTION OF THREATENED AND
ENDANGERED SEA TURTLES WHICH NEST ALONG THE BEACHES
OF THE CITY BY SAFEGUARDING THE HATCHLINGS FROM
SOURCES OF ARTIFICIAL LIGHT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO-
VIDING 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 9, "General Regulations", Chapter 91,
"Animals", Sections 91. 50, 91. 51, and 91. 52, of the Code of Ordinances
of the City of Delray Beach, Florida, are hereby repealed.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.8, "Lighting", of the-
Land Development Regulations of the Code of Ordinances of the City 01
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(C) Lighting Restrictions Along the Beach: The purpose of
this section is to protect threatened and endangered sea turtles
which nest along the beaches of the City by safeguarding the
hatchlings from sources of artificial light.
( 1) "Beach" is defined, for purposes of this subsection,
as being that land along the Atlantic Ocean extending either to the
dune or permanent vegetation within the City limits. No artificial
light shall illuminate any area of the beach which may be used for
turtle nesting and hatchlings. In order to accomplish this, all
lighting shall be permanently shielded or screened, so that the
light source is not visible from the beach and the beach is not
illuminated during the night period from May 1 to October 31 of
each year. "Night Period" is defined herein as being that time
from sunset through sunrise.
(2 ) PubliCly-owned street lights, and lighting at parks
on the barrier island and other publicly-owned beach access areas,
shall be subject to the following:
(a) Whenever possible, street lights shall be
located so that the bulk of their illwnination will travel away
from the beach. Where street lights are necessary for public
safety purposes, they shall be equipped with low pressure sodium
vapor lamps.
(b) Lights at parks on the barrier island or other
public beach access points shall be shielded or shaded or, to the
extent lights are determined by the Ci ty not to be necessary for
.
-_.
fJublic safety purposes, shall not be utilized during the period
from May 1 to October 31 of each year.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any pal'agraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validi ty of the remainder hereof as a whole
part thereof other than the part declared to be inva lid.
Section 4. That all ordinances or part.s of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective ten
( 10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 39-91
13 DELRAY BEACH ANIMALS S 91. 51
REPORT OF DOG BITES REQUIRED. CATS
In the event any person is bitten by 5 91. 40 DEFINITION.
within the city then it shall I
the duty of the person or the For the purpose of this subchapter
the dog with knowledge thereof, the following definition shall apply
the incident to the Public unless the context clearly indicates or
Works Dep tment of the city, or to the requires a different meaning.
County Heal Department, within 24 hours
thereafter. "AT LARGE." When a cat nrestrained
('80 Code, S 5- 0) (Ord. 18-81, passed by his owner wanders, rove , or rambles
4-28-81) Penalty, see S 91.99 off the property owned by or under the
dominion and control of he owner,
S 91.27 QUARANTINE boarder, keeper, or cu odian of that cat.
RABIES: LIABILITY. ( '80 Code, S 5-34)
Any dog reported to h ve bitten a 5 91.41
person shall be kept in qua antine for a
period of time as may be desI nated by lawful for any person
the County Health Officer for e purpose owning, boardin , or otherwise keeping or
of testing the cog for disease. ny dog having in his ustody a cat to permit the
suspected of being infected with bi es cat to stray t large, or whether or not
shall be released by its owners or at large, t permit the cat to be on
custodian to the County Health Office pr i va tely wned property without the
for laboratory analysis by a licensed consen t 0 the owner, lessee, or other
veterinarian. No liability for person ving lawful dominion and control
compensation to the owner of the dog of the rivate property.
shall attach to the city by virtue of any ode, 5 5-35) Penalty, see 5 91.99
procedure by the County Health Officer.
( '80 Code, S 5-21) penalty, see 5 91.99
S 91.28 IMPOUNDMENT: DISPOS ITION.
stray cat found in violation of
Any dog found upon the public any of e provisions of this subchapter
streets, thoroughfares, or other public shall be pounded by the Public Works
places in the city in violation of any of Depa r tmen t f this city. The animal
the provisions of this subchapter shall shall ')e tur d over to the County Animal
be impounded by the Public Works Control Divisi as soon as practical.
Department of this city. This animal The pickup fee vied by the city shall
shall be turned over to the County An al be $5 except that or multiple offenses
Control Division as soon as practica . within a one-year p iod the pickup fee
The pickup fee levied by the city saIl shall be $10 for the econd offense and
be $5 except that for multiple of nses $25 for each subsequen offense. In
within a one-year period the pic up fee addition, there shall be mposed a
shall be $10 for the second off nse and boarding fee of $5 per day or each day
$25 for each subsequent offen In or fraction thereof that the animal shall
add i tion, there shall be imp ed a be impounded. The owner of a animals
boarding fee of $5 per day or each day turned- over to the city for dis sal
or fraction thereof that t e animal shall shall be charged a fee of $5.
be impounded. No animal an be recla imed ('80 Code, 5 5-36) (Ord. 18-81, pas.,
from the city unless th owner can show 4-28-81)
proof of inoculation a ainst rabies and a
current county licens . The owner of all SEA TURTLES
animals turned over o the city for
disposal shall be arged a fee of $5. S 91. 50 PURPOSE.
('80 Code, S 5-16 (Ord. 18-81, passed
4-28-81) The purpose of this subchapter is to
protect the threatened and endangered sea
EVIDENCE OF turtles which nest along the beaches of
the city, by safeguarding the hatchlings
from sources of artificial light.
In th event any dog shall be found (Ord. 49-87, passed 6-23-87)
in viola Ion of the provisions of this
subchap er, proof of the violation and S 91. 51 LIGHTING RESTRICTIONS ALONG
the i ntity of the dog shall be prima BEACH.
faci evidence of the violation of this
sub apter by the person owning or having "BEACH" is defined for purposes of
ch rge of or control of the cog. this subchapter as being that land along
80 Code, 5 5-15) the Atlantic Ocean extending either to
the dune or permanent vegetation within
5 91. 52 DELRAY BEACH ANIMALS 14
the city limits. No artificial light
shall illuminate any area of the beach
which may be used for turtle nesting and
hatchlings. In order to accomplish this,
all lighting shall be shielded or
screened, so that the light is not a
visible source from the beach during the
night period from May I to October 31 of
each year. "NIGHT PERIOD" is defined
herein as being that time after 11: 00
p~m . through to 6:00 a.m.
(Ord. 49-87, passed 6-23-87) Penalty,
see 5 91. 99
5 91. 52 PUBLICLY-OWNED LIGHTING.
PUblicly-owned street lights, and
lighting at parks and other
pUblicly-owned beach access areas, shall
be subject to the following:
(A) Whenever possible, such street
lights shall be located so that the bulk
of their illumination will travel away
from the beach. Such lights shall be
equipped with shades or shields that will
prevent backlighting and render such
lights not visible from the beach.
(B) Lights at parks or other public
beach access points shall be shielded or
shaded or, to the extent lights are
determined by the city not to be
necessary for public safety purposes,
shall not be utilized during the period
from May I to October 31 of each year.
(Ord. 49-87, passed 6-23-87) Penalty,
see 5 91. 99
5 91.99 PENALTY.
Any person, firm, or corporation who
violates any provision of this chapter
for which another penalty is not
specifically provided shall, upon
conviction, be subject to a fine not
exceeding $500 or impr isorunent' for a term
not exceeding 90 days, or both. Each day
any violation shall continue to exist
shall constitute a separate offense.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERpt
SUBJECT: AGENDA ITEM # 12 J) - MEETING OF APRIL 9, 1991
ORDINANCE NO. 40-91
DATE: APRIL 3, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances to provide that the penalty for violating Chapter 51 shall
be to perform certain hours of community service or labor work. This
proposed change would replace the current fine levied for a littering
violation to the performance of 50 hours of community service work
picking up litter. The Florida Statutes set the limits of punishment
allowable for littering offenses. The proposed 50 hours of community
service work as a littering penalty is considered to be the equivalent
of a $500 fine and thus, is in excess of that required by State
Statute. Therefore it is recommended that a penalty of five hours be
levied for the first conviction, ten hours for the second, and 25
hours for the third and subsequent conviction within two years of the
first conviction. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 40-91 on first reading.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 'O~ - MEETING OF APRIL 23, 1991
ORDINANCE NO. 40-91
DATE: APRIL 17, 1991
This is second reading of an ordinance which amends the Code to
provide that the penalty for violating Chapter 51, "Garbage and
Trash", shall be to perform certain hours of community service or
labor work. As originally proposed, the performance of 50 hours
of community service work picking up litter was to replace the
current fine levied for a littering violation. Florida Statutes
set the limits of punishment for littering offenses. The
proposed 50 hours of community service work as a littering
penalty is considered to be the equivalent of a $500.00 fine and,
thus, is in excess of that imposed by State Statute. Therefore,
it is recommended that a penalty of five (5) hours of community
service work picking up litter or performing other labor
commensurate with the offense be levied for the first conviction,
not less than ten (10) hours of community service work for a
second conviction for violating the same provision within one
year of the first conviction, and not less than twenty-five (25)
hours of community service work picking up litter for a third and
subsequent conviction for violating the same provision within two
years of the first conviction. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 40-91 on second and final
reading.
~5~
ORDINANCE NO. 40-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS" , CHAPTER 51, "GARBAGE AND TRASH" , SECTION
51. 99, "PENALTY", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
51.99, "PENALTY", BY REPEALING SUBSECTION (A) AND
ENACTING A NEW SUBSECTION (A) TO PROVIDE THAT THE
PENALTY FOR VIOLATING CHAPTER 51 SHALL BE TO PERFORM
CERTAIN HOURS OF COMMUNITY SERVICE OR LABOR WORK;
I PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
I REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works" , Chapter 51,
"Garbage and Trash" , Section 51.99 "Penalty", Subsection (Al of the
Code of Ordinances of the City of Delray Beach, Florida be and the
same is hereby repealed, and a new Subsection (A) is hereby enacted
to read as follows:
(A) Any person who is convicted of violating this
Chapter in an amount not exceeding 15 pounds or 27 cubic
feet in volume, shall be required to perform not less than
five (5 ) hours of community service work picking up litter
or performing other labor commensurate with the offense
committed for the first conviction, not less than ten ( 10)
hours of community service work for a second conviction for
violating the same provision within one year of the first
conviction, and not less than twenty-five (25) hours of
community service work picking up litter for a third and
subsequent conviction for violating the same provision
within two (2 ) years of the first conviction.
Section 2 . That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading April 9, 1991
Second Reading _______________
I
TEL N 407 'n;:;: 4755 Apr 05.3114:05 F',l!}
CITY ATTORNEY' S 'OFFICE o. - .
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I EITY DF DElRAY (
.. .., ,
CITY A'nORNEY'S OFFICE 310 S.E. 1st STREF.T, SUITE 4 · DELRAY BEACH. FLORIDA 33483
,. 407/243.7090 . TEl.ECOl'lER 407/278.J.7SS
MEMORANDUM
D~te; April 5, 1991
To: ClLy Commission
From: Je!!rey ~. Kurtz, city Attorney
Subject: Revision to Litterinq Ordinance
A change in the City Code concerning the p alty for littering
has been proposed. The proposed change would replace the
current fine levied for a littering violation to the
performance of fifty (50) hours of community service work
picking up litter. For reasons stated below, five hours of
community service work tor a first littering conviction 18 an
appropriate penalty.
Flori.da SLatute 403.413 is the Florida Litter Law. Section
(5)(a) bf~this statute states the penalty for d~mpih9 l1tter in
an amount not exceeding 15 pounds in weight or 27 cubic feet in
volume as a non-criminal infraction punishable by a fine of
$50.00. This section further states that the court may require
the violator to pick up litter or perform other labor
commensurate with the offense committed. . Under Section
S1.99(A) of the oelray Beach Code as it currently reads the
penalty for persons convicted of littering is a fine of fifty
dollars ($50.00) for a first conviction, one hundred dollars
($100.00) for a second littering conviction within a year ot
the first, and a fine of two hundred fifty dollars ($250.00)
for a third and subsequent littering conviction within two
years of the first conviction.
Under Flurida Law a state statute always prevails over a
conflicting municipal ordinance. Edwards v. State, 422 So.2d
84 (Fla. 20CA, 1982). An ordinance penalty need not be the
same as the penalty prescribed by stat.e st.atute tor a 91 ven
offense, however, on ordinance penalty cannot exceed that of
state law. Id. According to Leslie Taylor, Assistant State
Attorney, one hour of commun1ty service is equal to ten dollars
($10.00) in fines. Therefore, to change "the ordlna-nce penalty
for littering from the current fine to that of community
service work, without exceeding state law, the proper amount of
communi ty serv ico hours for a first offense would be five.
407 278 4755 Apr 05.31 14:05 P . 11
CITY AT TOR NE Y 'S '0 F F ICE TEL No.
I
The proposed 50 hours of community service work as a littering
penalty would be the equivalent of a five hundred dollar
($SOO.OO) fine which would be for in excess of the penalty
stated by statute 403.413(5)(a) and would therefore be in
conflict with state law. Thus, a penalty of five hours ot
community service work picking up litter for a first
conviction, ten hours for a second conviction within one of the
first, and 2S hours for a third and subsequent conviction
within two years of the first conviction is appropriate.
JSK:ci ..
'.. .. '.-. ','. . . .' .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # I ~'[.) - MEETING OF APRIL 9 , 1991
ORDINANCE NO. 40-91
DATE: APRIL 3, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances to provide that the penalty for violating Chapter 51 shall
be to perform certain hours of community service or labor work. This
proposed change would replace the current fine levied for a littering
violation to the performance of 50 hours of community service work
picking up litter. The Florida Statutes set the limits of punishment
allowable for littering offenses. The proposed 50 hours of community
service work as a littering penalty is considered to be the equivalent
of a $500 fine and thus I is in excess of that required by State
Statute. Therefore it is recommended that a penalty of five hours be
levied for the first conviction, ten hours for the second, and 25
hours for the third and subsequent conviction within two years of the
first conviction. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 40-91 on first reading.
ORDINANCE NO. 40-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", SECTION
51.99, "PENALTY", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
51.99, "PENALTY", BY REPEALING SUBSECTION (A) AND
ENACTING A NEW SUBSECTION (A) TO PROVIDE THAT THE
PENALTY FOR VIOLATING CHAPTER 51 SHALL BE TO PERFORM
CERTAIN HOURS OF COMMUNITY SERVICE OR LABOR WORK;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51,
"Garbage and Trash", Section 51.99 "Penalty", Subsection (A) of the
Code of Ordinances of the City of Delray Beach, Florida be and the
same is hereby repealed, and a new Subsection (A) is hereby enacted
to read as follows:
(A) Any person who is convicted of violating this
Chapter in an amount not exceeding 15 pounds or 27 cubic
feet in volume, shall be required to perform not less than
five (5) hours of community service work picking up litter
or performing other labor commensurate with the of tense
committed for the first conviction, not less than ten (10)
hours of community service work for a second conviction for
violating the same provision within one year of the first
conviction, and not less than twenty-five (25) hours of
communi ty service work picking up litter for a third and
subsequent conviction for violating the same provision
within two (2) years of the first conviction.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading _______
TEL No. 407 278 4755 Apr 05.91 14:05 P.1 I)
CITY ATTORNEY'~ OFFICE
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CITY AnORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRA Y BEACH. FLORIDA 33483
407/243.7090 . TEl.ECOI'JER 407/278.J.7SS
MEMORANDUM
DLlte; April 5, 1991
To: ClLy Commission
From: Jeffrey ~. Kurtz, city Attorney
Subject: Revision to Litterinq Ordinance
A change in the City Code concerning the p alty for littering
has been proposed. The proposed change would replace the
current fine levied for a littering violation to the
performance of fifty (50) hours of community service work
picking up litter. For reasons stated below, five hours of
community service work for a first littering conviction is an
appropriate penalty.
Flori.da Slatut.e 403.413 is the Florida Litter Law. Section
(5) (a) b'~" this statute states the penalty for d~mpih9 l1tter in
an amount not exceeding 15 pounds in weight or 27 cubic feet in
volume as a non-criminal infraction punishable by a fine of
$50.00. This section further states that the court may require
the violator to pick up litter or perform other labor
commensurate with the offense committed. ' Under Section
51.99(A) ot the Delray Beach Code as it currently reads the
penalty for persons convicted of littering is a f Ine of fifty
dollars ($50.00) for a first conviction, one hundred dollars
($100.00) for a second littering conviction within a year of
the first, and a fine of two hundred fifty dollars ($250.00)
for a third and subsequent littering conviction within two
years of the first conviction.
Under Florida Law <1 stat.e statute always prevails over a
conflicting municipal ordinance. Edwards v. State, 422 So.2d
84 (Fla. 2DCA, 1982) . An ordinance penalty need not be the
same as the penalty prescribed by state st.atute for a given
offense, however, on ordinance penalty cannot exceed that of
state law. Id. According to Leslie Taylor, Assistant State
'. Attorney, one hour of commun1ty service is equal to ten dollars
.. . ($10.00) in fines. Therefore, to change 'theorainance penalty
for litt.ering from the current fine to that of community
service work, without exceeding state law, the proper amount of
community servico hours for a first offense would be five.
TEL No. 40? 278 4755 Apr 05.91 14:05 P.ll
CITY ATTORNEY'S, OFF I CE
l'
I J
1
I
I
l
I
I The proposed 50 hours of community service work as a littering
j penalty would be the equivalent of a five hundred dollar
I
I ($500.00) fine which would be for in excess of the penalty
i stated by statute 403.413(5)(a) and would therefore be in
J
i conflict with state law. Thus, a penalty of five hours of
I community service work Picking up litter for a first
I conviction, ten hours for a second conviction within one of the
firs t I and 25 hours for a third and subsequent conviction
within two years of the first conviction is appropriate.
..
JSK:ci
....
'.
... .-... ..._, ..,.. . . _. .
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ;13
SUBJECT: AGENDA ITEM # Id A - MEETING OF APRI L M, 1991
ORDINANCE NO. 31-90
DATE: APRIL 23, 1991
This the first reading of a revised Ordinance rezoning property in
Block 20, Town of Delray from General Commercial (GC) District and
Single Family Dwelling (R-1-A) District to Community Facilities (CF)
to accommodate the proposed relocation of Fire Station No. 1. The
ordinance was revised to reflect the actual amount of property
required for this project. As the ordinance was substantially
changed, a first reading and second reading/public hearing need to be
held.
Recommend approval of Ordinance No. 31-90 on first reading.
~ on ,S'r fEHlJlntY
$-0 VOTE.
~
ORDINANCE NO. 31-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT,
IN PART, AND R-1A (SINGLE FAMILY DWELLING)
DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PORTION OF BLOCK 20,
TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1 AT PAGES 3 AND 4 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID
LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC
A VENUE, BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST
6TH AVENUE; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENE RAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been determined, through the
Comprehensive Plan of the City of Delray Beach, Florida, that there
is a demonstrated need for the relocation of Fire Facilities; and,
WHEREAS, in recognition of this need, at the meeting of
June 26, 1990, the City Commission of the City of Delray Beach,
Florida, initiated the rezoning of property previously identified
as suitable for said relocation of Fire Facilities; and,
WHEREAS, at the meeting held July 16, 1990, the Planning
and Zoning Board, as Local Planning Agency, held a Public Hearing
with regard to the proposed rezoning and subsequently, by motion,
recommended to the City Commission that the rezoning proposal be
approved, based upon findings of compliance with the Standards for
Evaluation of Rezoning Requests and upon a finding of consistency
and concurrency with the Comprehensive Plan; and,
WHEREAS, pursuant to City ordinances, the matter has been
presented to the City Commission,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby rezoned and placed in the
CF (Community Facilities) District as defined in Chapter Four of
the Land Development Regulations of Delray Beach, Florida, to-wit:
All of Block 20, TOWN OF DELRAY, as recorded in
Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida. LESS the North 250.00 feet of
said Block 20, TOWN OF DELRAY. LESS the lands
conveyed in Official Record Book 1074, Page 369,
Official Record Book 1067, Page 208, Official
Record Book 1078, Page 313, and Official Record
Book 1264, Page 139, for additional right-of-way
for Atlantic Avenue.
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 second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
- 2 - Ord. No. 31-90
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '~6 - MEETING OF APRIL 23, 1991
ORDINANCE NO. 41-91
DATE: April 17, 1991
This is a first reading of an Ordinance amending Chapter 52 "Water" of
the Code of Ordinances to provide for a decrease in the
guarantee-of-payment deposit for utilities. This ordinance removes
the requirement for twice the amount of the current
guarantee-of-payment in order to restore service after discontinuance
for delinquency.
Recommend approval of Ordinance No. 41-91 on first reading.
6/0
-
_..
--.~ ,. -..-.-
ORDINANCE NO. 41-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V. "PUBLIC
WORKS", CHAPTER 52. "WATER", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH. FLORIDA. BY AMENDING
SUBHEADING "BILLINGS", SECTION 52.52. "RESUMING SERVICE
AFTER DISCONTINUANCE FOR DELINQUENCY". TO PROVIDE FOR A
DECREASE IN THE GUARANTEE-OF-PAYMENT DEPOSIT; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 52.52, "Resuming Service After Discon-
tinuance for Delinquency". of the Code of Ordinances of the City of Delray
Beach. Florida, is hereby amended to read as follows:
(A) In the event the water use charges against it become delin-
quent and said services are discontinued by the city as herein provided,
said services shall not be restored until all delinquent charges plus a
$10.00 penalty for late payment and shutoff and reconnection charges are
paid in full. If the present guarantee-of-payment deposit is less than the
current schedule as set forth in Section 52.33. an additional guarantee-of-
payment deposit shall be required so that the actual deposit held by the
city shall be equal to twtte/t~e/.~~.it/~t/t~e/t.tteit/t..t.itee+~t+p.j~erit
tt~et.le/.t/tet//t~tt~/ti//$ettt~i/SlJaa the current guarantee-of-payment
schedule. However. the city shall not refuse to accept an application for
water service or to open a separate water service account because of an
outstanding delinquent bill on the subject property which was not incurred
by the applicant.
Section 2. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be. and the same are hereby repealed.
Section 4. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of . 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
ORD. NO. 41-91