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11-26-91 Regular , , . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 26, 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 hisjher 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 become boisterous while addressing the Commission shall be barred '" ! City Commission Regular Meeting 11/26/91 from speaking further to the Commission by the presiding officer, unles.s permission to continue or again address the Commission is granted by majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for thi s 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. Pledqe of Alleqiance to the Flaq. 4. Aqenda approval. Action: Motion to approve. 5. Approval of Regular Meetinq minutes of None. 6. Proclamations: None. 7. Presentations: None. 8. Consent Aqenda: City Manager recommends approval. ~0>~' AGREEMENT WITH HABITAT FOR HUMANITY: Approve an agreement Dv> with Habitat for Humanity to build five (5) homes on lots ~\ provided by the City for low-income families by September 30, ~ 1993; authorize the use of Community Development Block Grant @; l\ funds to purchase such lots and provide site improvements; and, e..P. ~~I(' wai ve all permit fees for such units. xP B. RESOLUTION NO. 88-91: A resolution assessing the cost for vfabatement action necessary to board up an unsafe structure located at 231 S.E. 3rd Avenue. C. RESOLUTION NO. 89-91: A resolution assessing the cost for ~abatement action necessary to demolish an unsafe building located at 322 S.W. 2nd Street. D. RESOLUTION NO. 90-91: A resolution assessing the costs for abatement action necessary to demolish an unsafe building located at 702 S.W. 10th Street. -2- City Commission } Regular Meeting 11/26/91 E. RESOLUTION NO. 91-91: A resolution assessing the costs for abatement action necessary to demolish an unsafe building at located 911 North Federal Highway. F. AWARD OF BIDS AND CONTRACTS: 1. Copy Machine - Fire Department - Danka Business Systems in the amount of $11,256 with funding from (Account No. 001-2311-522-60.86). 9. Regular Aqenda: IA. 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 November 19, 1991 through November 25, 1991. /B. REQUEST FOR CONDITIONAL USE APPROVAL/ ASSEMBLIES OF GOD: Consider a request for conditional use approval to establish a church, Assemblies of God, on Swinton Avenue immediately north of Unity Church. Planning and Zoning Board recommends approval subject to conditions. ./ C. REQUEST FOR CONDITIONAL USE APPROVAL/GRIFFIN GATE: Consider a request for conditional use approval to establish a duplex zero lot line development on South Swinton Avenue, south of S.E. 4th Street. Planning and Zoning Board recommends approval subject to conditions. ../ D. REQUEST FOR WAIVER OF APPLICATION PROCESSING FEE: Consider a request from the owners of the Griffin Gate subdivision for waiver of the land use application processing fees for the conditional use and platting items associated wi th Griffin Gate. City Manager recommends denial. JE. REQUEST FOR WAIVER OF REZONING PETITION PROCESSING FEE: Consider a request from Mr. Buchbinder for waiver the rezoning petition application fee from Mr. Buchbinder in conjunction with his proposal to demolish an existing office structure located on the southeast corner of S.E. 2nd Street and S.E. 3rd Street and construct a new medical office/residence structure. ../ F. FINAL REPORT/CARVER TASK FORCE: Recei ve and provide direction on the Final Report and Recommendations of the Carver Middle School Task Force. jG. REQUEST FOR FUNDING/OLD SCHOOL SQUARE: Consider a request from Old School Square, Inc. for funding in the amount of $435,000 to complete the renovation of the theater complex. H. RESOLUTION NO. 95-91: A resolution authorizing the execution of railroad crossing agreements and other related agreements for the transfer of maintenance responsibility from -3- ." City Commission Regular Meeting 11/26/91 the State to the City for the railroad crossing at East Atlantic Avenue. City Manager recommends approval. )r. RESOLUTION NO. 96-91/SUPPLEMENTAL AGREEMENT NO. 2: A resolution authorizing execution of a railroad reimbursement agreement for the construction of rai lroad grade crossings and installation of traffic control devices, future maintenance and adjustment of devices, and appropriation of Federal funding for the railroad crossing at S.E. 10th Street. City Manager recommends approval. j J . DECLARAT I ON OF EMERGENCY/WAIVER OF CODE PROVISIONS: Declare and emergency and waiver the provisions of Chapter 101, "Parks, Beach and Recreation", Section 101. 32, "Assemblies" to permit the assembly of approximately 200 people on the Municipal Beach on Thursday, November 28, 1991. JK. AWARD OF CONTRACT/ TEMPORARY FIRE . STATION NO. 5: Award the contract for the construction of temporary Fire Station No. 5 to Hardrives, Inc.in the amount of $36,000 with funding from Decade of Excellence Bond Issue (Account No. 225-2311-522-61.57). ~ Public Hearings: A. ORDINANCE NO. 76-91: An ordinance annexing property located on the south side of Germantown Road at the intersection of Linton Boulevard with initial City zoning of Community Facilities ( CF) , in part, for the permanent site and Agricultural (A) , in part, for the temporary site and access road, in order to facilitate the construction of proposed Fire Station No. S. Planning and Zoning Board recommends approval. 1. TEMPORARY USE PERMIT: Approve the temporary use of property zoned A (Agricultural) to establish a temporary Fire Station No. S. JB. ORDINANCE NO. 73-91: An ordinance rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) , PC (Planned Commercial) , and AC (Automotive Commercial) zone di stricts, in part. Public hearing opened and continued from 10/29/91. Planning and Zoning Board recommends denial (4-1 vote). J C. RESOLUTION NO. 93-91: A resolution amending the Community Redevelopment Plan with regard to marketing, promotion, and economic development activities. 11. Comments and Inquiries on Non-Agenda Items for the Public - Immediately following Public Hearings: A. City Manager's response to prior public comments and inquiries. B. From the Public. -4- ... City Commission Regular Meeting 11/26/91 12. First Readings: .J A. ORDINANCE NO. 54-91: An ordinance amending the Land Development Regulations to provide for multi-tenant establishments as a conditional use in the GC (General Commercial) , PC (Planned commercial) , and CBD (Central Business District) zone districts. Planning and Zoning Board recommends approval. B. ORDINANCE NO. 87-91: An ordinance amending the Land Development Regulation to provide parking restrictions for trucks in the R-1A (Single Family residential) zone district. C. ORDINANCE NO. 88-91: An ordinance rezoning Lots 23-28, Block 5, Southridge Subdivision from R-1A (Single Family Residential) to RM (Medium Density Residential) zone district. Planning and Zoning Board recommends approval (3-2 vote) subject to conditions. D. ORDINANCE NO. 89-91: An ordinance rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) and AC (Automotive Commercial) zone districts, in part. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Manager C. City Attorney -5- ." MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¡vfV~ SUBJECT: AGENDA ITEM :It ~~ - MEETING OF NOVEMBER 26, 1991 AGREEMENT WITH HABITAT FOR HUMANITY DATE: November 22, 1991 This item is before you to approve an agreement with Habitat for Humanity to build five (5 ) homes on lots provided by the City for low-income families by September 30, 1993. The agreement provides for the use of Community Development Block Grant funds to purchase such lots and provide site improvements. The waiver of all permit fees for such units is also requested. Habitat for Humanity is a national organization that has goals and objectives directed to providing homeownership opportunities to a specific group of individuals. Their goals are consi stent with the City's efforts and policies with regard to infill housing and low to moderate income housing development. The initial lot to be deeded to the organization was acquired by a City Attorney initiated foreclosure. The property is located on S.W. 5th Avenue and is within the R-1A (Single Family Residential) zone district. Additional lots will be acquired using CBDG program funds over the next two fiscal years. Recommend approval of the agreement with Habitat for Humanity. p~~ ~b1~ Q..ð c¡ I}fJ ~ ~ ~ . Q..D +Lb vŸLuoW<D iL- ~ J C~ tD ~~ o/;~, d wd.L ~ & k~ C;). eo f)SE.~'u£. WfE.~.s) q, wu..L CoThJL 6o£k~ F-~ Cíì1 I~/Io/q I, ~ ~~ 5-0 .". . . Agenda Item No. : AGENDA REQUEST Date: 11/20/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 11/26/91 Description of agenda item (who, what, where how much): Approval of Agreement Between the City of Delray Beach and Habitat for Humanity of Boca-Delray ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: aDDroval 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: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ RE: CITY COMMISSION APPROVAL OF AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY OF BOCA/DELRAY - - DATE: NOVEMBER 19, 1991 ITEM BEFORE THE COMMISSION: - - Approval of proposed agreement between the City of Delray Beach and Habitat for Humanity of Boca-Delray to build five (5) homes on lots provided by the City for low-income families by September 30, 1993. The agreement provides for the use of CBDG funds to purchase such lots and provide site improvements. The waiver of all permit fees for such units is also requested. BACKGROUND: The City has determined, through policies adopted within the Housing Element of the Comprehensive Plan and policies recommended and accepted through the final report of the Neighborhood Task Team, to create an "Infill Housing Redevelopment Program," (Policy B-2.3 (f). The NTT identified the non-profi t organization of Habitat for Humanities as being one that the City might consider a partnership agreement with to provide for affordable in fill housing for the lower-income family. We received a proposal from this agency on October 23, 1991. The proposed agreement provides the terms and conditions for such a partnership. Habitat for Humanities is a National organization that has goals and objectives directed at providing homeownership opportunities at a specific group of individuals that are consistent with the City's efforts and policies. The initial lot to be deeded to the organization was acquired by a City Attorney initiated foreclosure; the owners choose to provide a fee simple deed arrangement instead. The property is located on Southwest Fifth Avenue and is within a R-l-A zoning district. Additional lots will be acquired through CDBG program funds over the next two (2) fiscal years. RECOMMENDATION: We would recommend City Commission approval of the proposed agreement between the City and Habitat for Humanity of Boca-Delray to provide home ownership opportunities for low- income residents and authorize the use of CDBG funds to acquire and make available lots within the target for such home construction. The waiver of permit fees is also requested. LB:DQ D11 Habitat.Mem AGREEMENT CITY OF DELRAY BEACH AND HABITAT FOR HUMANITY OF BOCA-DELRAY This is an Agreement between: City of Delray Beach, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "City" , through its City Commission, and Habitat For Humanity, a non-profit corporation of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and Subgrantee agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1.1 Assurances: means those assurances made by the Subgrantee to the City as specifically set forth in this Agreement. 1.2 City of Delray Beach Community Development Block Grant Program: means the Community Development Program applied for by the City of Delray Beach and awarded by the United States Department of Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-383, as amended. 1.3 CDBG Funds: means the Community Development Block Grant Funds; The monies given to the Subgrantee pursuant to the terms of this Agreement. 1.4 Grantee: means City of Delray Beach, Florida. 1.5 H.U.D. : means the United States Department of Housing and Urban Development. 1.6 Project(s) : means the project or projects set forth in Article III hereof, and Exhibit "A" entitled Scope of Services and timetable. 1.7 Rules and Regulations of H.U.D.: means 24 CFR 570, "Community Development Block Grant Regulations"; OMB Circular A-122, and OMB Circular A-lID. 1.8 Subgrantee: means Habitat for Humanity of Boca-Delray. · ARTICLE II PREAMBLE This Agreement between the City and Habitat For Humanity of Boca- Delray on the following mutual considerations: Under the Rules and Regulations of H.U.D., the City is administrator of the CDBG program and the City is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., as to the allocation and expenditure of funds. ARTICLE III PROJECT The Subgrantee hereby agrees to provide and implement the following eligible Project: Home Ownership Opportunities for Lower Income Families The project is more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. ARTICLE IV ASSURANCES The Subgrantee hereby agrees to comply with: 4.1 Title VI of the Civil Rights Act of 1964 (Public Law 88-352: 42 U.S.C. S. 2000 d et seq.): and 4.2 Title VIII of the Civil Rights Act of 1968 (Public Law 90-284; 42 U.S.C. S. 3601 et ~.); 4.3 CFR 24, S.570.608 lead-based paint notification inspection, testing and abatement procedures. 4.4 The requirements and standards of OMB Circular NO. A-87, OMB Circular A-128 and with the relevant Sections of 24 CFR Part 85. 4.5 Any other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances. · ARTICLE V FINANCIAL RESPONSIBILITIES 5.1 Subgrantee hereby gives the City, H.U.D., and the Comptroller general, through any authorized representative, access to and the right to examine all records, books, papers or documents relating to the Project. 5.2 Subgrantee hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the City under this Agreement. 5.3 Subgrantee hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the City. ARTICLE VI - TERM OF AGREEMENT -- This Agreement shall commence on the day the City executes the Agreement and shall terminate on September 30, 1993. ARTICLE VII TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply wi th any term of the grant, and that the grant may be terminated for convenience in accordance with 24 CFR 85.44. ARTICLE VIII LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. · In Witness Whereof, the parties have executed this Agreement at Delray Beach, Florida this day of , 1991. Habitat For Humanity City of Delray Beach, Florida of Boca-Delray Thomas E. Lynch Mayor Witness: . . Habitat For Humanity of Boca-Delray Subgrantee (CDBG Program) EXHIBIT A The City will convey at no cost a parcel of land situated in Palm Beach County, Lot 1, Section 20 Township (De lray Beach) for the purpose of providing a home to an eligible, low-income family. The City will purchase and convey at no cost four (4) additional lots during the term specified wi thin this Agreement (thru September 30, 1993) to Habitat for Humanity Boca-Delray for the purpose of providing homes to eligible, low-income families. The City will provide site improvements at a cost not to exceed three thousand dollars ($3,000) for each lot deeded to Habitat under the terms of this Agreement. Habitat For Humanity of Boca-Delray will select a low income family, preferably a Delray Beach resident, construct a dwelling unit in accordance with all City codes and convey the real property and improvements to the family selected at a cost to be determined by Habitat for Humanity of Boca-Delray. The family will qualify as an eligible, low-income household as defined by the City of Delray Beach Community Development Block Grant Program. In the event that the property and improvements are not developed and conveyed to an eligible family within twenty-four (24) months from the transfer of the deed, the land will revert back to the City of Delray Beach. d11 Habitat.CC . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f7v1 SUBJECT: AGENDA ITEM :It . - MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 88-91 DATE: November 22, 1991 This is a resolution assessing the costs for abatement action required to board up an unsafe structure located at 231 S.E. 3rd Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $891 remains unpaid. Recommend approval of Resolution No. 88-91 assessing the costs to board up an unsafe structure located at 231 S.E. 3rd Avenue. . --.--- I ì , RESOLUTION NO. 88-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . I Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cateq,~ thereon. Said assessments so levied shall, if not paid within thirt1 (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the C~ty Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk I I , - 2 - Res. No. 88-91 - NOTICE OF ASSESSMENT Date TO: Southeast Mort~a~e Company. c/o Joseph Panie110. ESQ. ADDRESS: PO Box 2347. Tampa. F1 33601 PROPERTY: 21] SE 3rd Avenue. De1ray Beach. F1 33444 LEGAL DESCRIPTION: Linn's Addition to Osceola Park. Lots 8 and 9, Blo~k q~. Plat Book 1. Pa~e 3 of the official records of Palm Beach County, F1 You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $891.00 by resolution of the City Commission of the City of De1ray Beach, Florida, dated , 1991, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action - regarding the above-described property. You were given notice on 9-18-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. y You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of De1ray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-lfi-Ql at a cost of $891. 00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .71 SUBJECT: AGENDA ITEM :It tt~ - MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 89-91 DATE: November 22, 1991 This is a resolution assessing the costs for abatement action required to demolish an unsafe structure located at 322 S.W 2nd Street. The resolution sets forth the actual. costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,554.10 remains unpaid. Recommend approval of Resolution No. 89-91 assessing the costs to demolish an unsafe structure located at 322 S.W. 2nd Street. -- -"-- RESOLUTION NO. 89-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECQRDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Çhapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- 1nances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be fi led within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . . ~ --..-- -.--..--.------ Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against .the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as· to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6 %) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6 %, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk . - 2 - Res. No. 89-91 . NOTICE OF ASSESSMENT Date TO: Present Pastor and Trustees and their Successors Church of God in Christ ADDRESS: 322 SW 2nd Street, Delray Beach, FI 33444 PROPERTY: 322 SW 2nd Street, Delray Beach, FI 33444 LEGAL DESCRIPTION:resubdivision of S~ of Block 38 and N~ of Block 39, Town Lot 7, BQck 39 of Delray according to Plat Book 11, Page 34 of the official records of Palm Beach County, Florida You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $3,554.10 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action . regarding the above-described property. You were given notice on 4-11-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of· Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-18-91 at a cost of$.1.SS4.10 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . . Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk . , . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¡i"f/J1 SUBJECT: AGENDA ITEM :It 1» - MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 90-91 DATE: November 22, 1991 This is a resolution assessing the costs for abatement action required to demolish an unsafe structure located at 702 S.W. 10th Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,599.30 remains unpaid. Recommend approval of Resolution No. 90-91 assessing the costs to demolish an unsafe structure located at 702 S.W. 10th Street. - RESOLUTION NO. 90-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative , has, pursuant to Chapter 165, of the Code of Ordinances, declared the i existence of an unsafe building upon certain lots or· parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of serv.- of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . . " Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mai ling date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk . - 2 - Res. No. 90-91 ". . '. NOTICE OF ASSESSMENT Date TO: Valentine and Frances Gabaldon ADDRESS: 232 Greyman Drive, West Palm Beach, FI 33407 PROPERTY: 702 SW 10th Street, Delray Beach, Florida 33444 LEGAL DESCRIPTION: Lots 1 and 2, Block B, Ridgewood Heights according to Plat Book 14, Page 44 of the official records of Palm Beach County, Florida You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $7"QQ 10 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action . regarding the above-described property. You were given not·ice on 8-4-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-21-91 at a cost of $2.599.30 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. .,"~ ~ Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk - . " ;~ , ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L~1 SUBJECT: AGENDA ITEM :It cae: - MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 91-91 DATE: November 22, 1991 This is a resolution assessing the costs for abatement action required to demolish an unsafe structure located at 911 North Federal Highway. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,406.70 remains unpaid. Recommend approval of Resolution No. 91-91 assessing the costs to demolish an unsafe structure located at 911 North Federal Highway. , ¡- RESOLUTION NO. 91-91 I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. I : WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots -or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, ! WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated ! representative has inspected said 1and(s) and has determined that an I unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list I with written notice of unsafe building and detailed report of conditions i and notice to vacate as the Building Official determined that the I building was manifestly unsafe and is considered a hazard to life and I ~ublic welfare pursuant to Chapter 165, of the Code of Ordinances escribing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty ( 60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I . i ,. Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- èated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. ! Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk - 2 - Res. NO·91-91 . - NOTICE OF ASSESSMENT Date TO: Delores A. Liddy, Tr. cIa Arnold Kurzinger, ~sq. :>/UUU N. ~'ederal tl1.ghway su1.te Ij ADDRESS: Boca Raton, FI 33487 and 44lb Gleneagles Drive, Ijoynton ljeaCh, H J34J6 PROPERTY: 911 North Federal Highway, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lots 8 and 9, except that portion conveyed for road r/w, Block 2, Sophia Frey subdivision, Plat Book 4, Page 37 of the official records 01 ~alm Beach County, ~'l You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of$3,406.70 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1991, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action . regarding the above-described property. You were given notice on 8-30-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 10-22-91 at a cost of $3,406.70 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . ' . . Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM :It 4f F - MEETING OF NOVEMBER 26, 1991 AWARD OF BIDS AND CONTRACTS DATE: November 22, 1991 This item is before you to approve the award of the following bid(s) and contract(s): 1. Copy Machine - Fire Department - Danka Business Systems in the amount of $11,256 with funding from (Account No. 001-2311-522-60.86). Recommend approval of the award of the above bid(s) and contract(s) with funding as indicated. --_.. Agenda Item No. : AGENDA REQUEST Date: Nnvpmhpr 15. 1991 Request to be placed on: XXXX Regular Agenda Special Agenda Workshop Agenda When: November 26, 1991 Description of item (who, what, where, how much): Purchase of copier ~8Hipment for use· in Fire Headquarters. Funds appropriated in Linp Ttpm 1-2311-522-60-86. Copier to replace present unit. Present unit will replace unrepairable unit in Office Annex. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES€) Draft Attached: YES/NO Recommendation: Recommend approval with funding from Line Item #001-2311-522-60-86. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). , V~ ~.\& Department Head Signature: . City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: @/ NO Funding alternatives: (if applicable) Account No. & Description: ~1-"Z.?/I-C:S·Z:2.~-8" (3þtvrt1\t_ -oP.F~ Account Balance: j~6CO City Manager Review: Approved for agenda: '~È~~ NO l'A - I Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ £IT' DF DELAA' BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER THRU: KERRY B. KOEN, FIRE CHIEF~ FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: NOVEMBER 14, 1991 SUBJECT: PURCHASE OF REPLACEMENT COPIER The Fire Department has budgeted funds in Line item 001-2311-522-60-86 for the purchase of a replacement copier. In evaluating the copiers available through government contracts, we find the Canon NP-6650II meets our needs and requirements. The cost to purchase this equipment is $11,256. Our budget estimate was $13,000. The present copier will replace an older unit in the Office Annex which has been out of service for most of the past year. Delivery of the new unit will be within 24 hours after the issuance of our Purchase Order. Attached is the GSA contract information and agenda request prepared for your approval and presentation to the City Commission at their regular meeting of November 26, 1991. ..4ßtiJ'07~VL M. B. Wigderson Assistant Fire Chief MBW/mmh Attachments FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRA Y BEACH, FLORIDA 33444 407/243· 7400. FAX 407/2654660 1 1. 04. ,9 1 12:0'7 PM *DANKA BUSINESS SYS P02 . , -.. . Canon CANON U.S.A., INC. 5701 GENERAL WASHINGTON DRIVE ALEXANDRIA, VIRGINIA 22312.2488 Telepho"e: (703) 642-8050 ~ GEM tt 41-91 May 10, 1991 TO: ALL CANON NP AND CLC COPIER DEALERS SUBJECT: MODIFICATION NOS. 2 - 6 PUBLICATION UPDATE CANON'S GSA COPIER CONTRACT NO. GS-OOF-l946A ~._.--..E=.---...a._...___....c.~._........_____...==_-_._.m.~.__ Dear Canon Copier Dealer: Canon u. S . A. , Inc. is pleased to provide your dealership with an update to your GSA Copier Contraot No. GS-OOF-1946A. The enclosed package incorporates Modification Nos. 2 - 6 to Canon's GSA Copier Contract. You will note that our new loose leaf format will require a bit of work on your part. However, taking a few minutes of your time now will simplify your reference material for future use. Upon completion of the "replacement page prooess" , you will have a complete and current Canon GSA Copier Contract Pricing bookl Please review this information carefully as you revise your book" You will see that the major changes to the contract are as fol1ows~ 1- The NP-6650tI and NP-õ650I1 System B are included in the contract. These replace the NP-6650 and NP-6650 System B. The NP-665Q,System A has been removed from contract. 2. The NP-3825II, a 26 copytper-minute machine, has been approved for purchase, lease-to-ownership ðnd rental on contract. 3. The NP-3325, NP-3325 System A, NP-3325 System B, NP-3825, Np..3825 System A and NP-3825 System B have. been. removed from contract. >t<I)ANKA BUSINESS SYS P03 12: 0 '7 PM ... .~.__._.----- 1 1. _:0 4. . 9 1 Ca11011 'I Copying Equipment, , Supplies and Services , CANON USA. INC. has modified our GSA Copier Contract to reflect the following: MODIFICATION NOs. 2, 3, 4, 5 and 6 #2A. Effective November 1, 1990: the NP-&6&OIl and NP-eSSOIl S)'&tem B, enhanced versions of the NP·G650 and NP-6650 System B, will be shipped In place of the original model and system, Please refer to the following revised product pages for new accessory compatibility. Note the Sorter B1 has been substituted for the Sorter VIII and the Stapler Sorter A1 for the Stapler Sorter on these models. Both w1ll remain at the original equipment Purchase. Renta', LIDp, Option to Purchase 8f'1d Maintenance contract rates. NP-6650 System A Is removed from contract for Purchase (SIN 51-100), LlOP (SIN 51-58), and New Rental Placements (SIN 51-55) effective November 1, 1990. The system will remain on contract for Rental Renewal Only (SIN 51-55), LTOP Renewal Only (SIN 51-58), Option to Purchase (SIN 51-55a), and Maintenance (SIN 51-57). . ( , #28. Temporary Special Promotion tor CLC 200 Ëffectlve December 1, 1990 through March 31, 1991 · Temporary Price Reduction of $1,008.00 for each CLC 200 purchased. · CLC 200 Film Projector is provided at no charge with the purchase of each CLC 200. · Government Only-Special Promotion: Reduction of monthly LID? rates for the OLC 200 and its accessories for new placement orders between December 1.1990 and March 31. 1991. CLC 200 Film Projector provided at no charge with new lease placements of the CLC 200. The contract prices resulting from the Temporary Special P!o,:,otlon described in '2B are as follows: PutChf.ft Putch... PfOmoWrtal 1-2 Unit. _ 3+ Unitt l.1OP RATE CLC 200 $18,588.00 $17,856.00 $516.33 Film Projector No Charge * No Charge· No Charge· ADF-III $ 2.124.00 $,2,124.00 $ 59.00 Paper Deck IX $ 255.00 $\ 255.00 $ 7.08 Offset by II $ 168.00 $. , 68.00 $ 4.67 Rotary Changer $ 678.00 $ 678.00 $ 18.83 ·with a nfNI placement order of a ClC 200 (Continued) CONTRACT NO, as·OOF-1946A CONTRACT ADMINISTRATION: CONTRACTOR: , GENERAL SERVICES ADMINISTRATION CANON U.S.A.. INC. CANON U.S.A,INC. j FEDERAL SUPPLY SEAl/ICE Mlina~er, Government Contracts BUSINESS MACHINES GROUP , AuthorlUd Federal Supply Sçhedul. 5701 Emera! Washington Drive One Canon Plaza Prloe I.lat A\E!xandrla, Virginia 22312·2488 Lake Succes:i, New York 11042 Effective 1011190-9130193 Area Code (703) 642-8050, ex! 3089 Busine~$ Size: Large 1 1. _'04" 9 1 1 2 : 0 '7 PM' *DANKA BUSINESS SVS P04 ."'- Ca11011 NP..665011 NP·665011 WITH AUTOMATIC DUPLEXING UNIT, RECIRCULATING DOCUMENT FEEDER II AND PAPER DeCK ( Engineered for ~ Performance The NP-G65011 is engineered for high perfor- mance. Canon's highly advanced NP-865011 comes with sophisticated editing and duplexing capabilities. The Recirculating Document Feeder is up to speed with its 50 cpm oopying, resulting in an integrated, more productive copy process. Specifications Optional Aco..aorfes Copying Sytt.m: DI'y Electros1.a!ic Trani/.r . Auto Stlpler II ( l)ewloplng Syt~m; Dry Monocomponent Toner Projection -n.v C.plclty: Up to 750 ¡¡I14Mt' (uP to 30 !jets) Type: Consol. Stapling Clploity: Up to 25 enøew COpybolrd: Fixed Platen Ptper Sin (Sorting): Ledglr (II" x 17") 10 Stat.ment (6¥f" ;¡ i)'/~"ì 'n)n.t COlo,..: B!ack, A&d. Blve PIpe, 'be (Shlpllng)! Ledger(11· x 17") tQ Letter (81¡\," K 11") Aoo.pIabIl Ori,,~I.; ShNts. booka and a-dimensional objects Powe, cono,,"nptfon: 65W (max) Mlxlmum Copy Size: Ledger (11" x 17·) PowarSoutee: Directly from the copier Copy Slzl,: Ledg~r (11~ II 17~) toStllemlnt (5\12" ~ 6V,~) Dlmenllon. (WxOXH); 19'''" )( 221ft" x 36*~ MagnificatIon; Slendsrd Mode (100%) (604mm)( 57Or'r1m II 929mm) Zoom Mode (SO% 10 200% by 1% increments) Welsht: 44 Ibs (20 kg) Pr_1 Reduction MOde. (60%. 64%. 73%, 78%) · Auto SliP'" JIold.r PrelOt Enlargement MOdee (121%. 129%. 200%) 'hy Clp.Clty: Up to 7~O stl4MtS (up to 30 iets) Copy Speed: !50 cpm (Len.r). 34 opm (leOa/). 29 cpm (Ledger) 5h1pllng Clpeolty; Up Co 25 $heelS FI,.t Copy 8pe.dt 3.6 NCondS Pep., Size (Sorting): Ledger (II" ( 17~) to St8tamo;m((Sv." x I'\v·,") (withOut AE. letler al. wpper CII8I!te) llelM' Size (Staplll\(): Ledg.r (II" x 17") 10 LAner (81ft'· ( 11") I!XPOIU", Control: Automatic Bnd Manual PIt!"' Slzo (Foknng); Ledger (II" x 17") Ws",,"up tlm.: " mlnutlS (It S8"fI2O"C) Poør Con.umptlon: 135W (mllx) MUltIple Copl..: I·W9 . Powwr 80uro.: Feldlng from OUtlet, other tfom copier Peper "-clIng: 01.1.1 Caeaene Syatem (260 IhHts each) Dlm.n.lonl (WxDxl1): 19%" )( 22V." x 36&"" Mu-I·Sheet Bypass (SO sheets) (!I04mm)( 570mm x929mm) Paper Deck (2.000 sheets) W.I,,"t: 86.1 lb. (40 kg) Pow., COnlUmptlon; 1.5 KW (max.) · Stapler Sorter A1 Pow., SOUICI: 115 V, 60 Hz Numbe, of 8In.: 20 0lmonllon8 (WxOxH): 39\12· ~~" ( 43'1i" Bin C.peolly: 60 sheeta per bin (IiOrt modI) (l002mm x 670mm ( l096mm) Stlpllllfj c.peolty: Up to SO shHt& WeIght: 376lbs. (170.6 kg) Paper 1121 ('ortlng): Statement (SYilu )( BV:l") to Lédg6r (11" )( 17") Recl~ull"ng DO~\lm.t'lt Peper.Slz. (SC.pllng): l.A!!tar(!.lVo" x II"). Legsl(aW' x 14"), L/!('JíJ~lr(11" x 17") ~et: Acceptable orlgl~ls; Power ConlumptlQn: 75 W (m.ax) Letter size (6YaH x tl·) Power Source: Dlrootly from thi copi~r Legal size (8Yt" J( 1.t") Dlmenllons (WxDxH): 16'Æ1" ( 23V." x 36 Y, II Lldgsr aiza (11" x 17H) (465mm ( 6grmm x 926mm) Automltlc Dllplexlng: One-sided origi~s to two-&idad copIes W"ght: 81.5 lb.. (37 kg) Two·sidaó originals 10 two·sJdl<! conia8 · Sone, B1 Two-sided orlgi~l, 10 oM-sidad coP~s Number of Bin.: 20 SO sheetll 91n Capacity: 50 shMls per bin (IiOrt mCOG) ""MI,Slu: Statement (ó'h" ( BV,") tQ Ledger (11" x '7") Power Coneùmptlon: 75 W (mBx) Power Sauro.: Directly 'rom thé Copier Dlm'nolon' (WxOxH): 1B~" x 23V," II 3av," (, (465mm x 597mm x 926mm) W.iGht: 77.1 lb.. (35 kg) · Image EClltln\. U"lt Viti · Control c.rd . . Control Card PrInter IV · CD Unit (COlor o.vlloplng Unit for usa with Color Ton~r) 9 1 12: 07 PM *DANKA BUSINESS SYS POS ,11.-'04. NP-665011 ( -.l 1. Purchase Costs PII/ÇM" Prto. 1-MOL (IIIIA Prl~ (,., Unit) 1-1 Unlta 1+ nit. Item No. 51-'ÓO NP-S8S011 $12,160.00 $11,688.00 Includes ADU. RDF·II. PO. Drum and Cassettes-one . each-Legal, Ledger and Letter-A. == '08 Unitt 8+ Unltll Item No. 61·101 Sorter 81 (20 Bin) $1,338.00 $1,302.00 Stapler Sorter A1 (20 Bin) 1 .875.00 1.824.00 Image Editing Vnlt VIII wlSeparatlng Kit 327,00 318.00 CO Unit 180.00 180.00 Control Card V System1 (SIN 51·101.9) 321.00 327.00 Auto Stapler \I 1 ,038.00 1,038.00 Auto Stapler Folder 1,917.00 1,911.00 Stapler "tYpe A 264.00 256.00 NP Cassette (Letter, Ledger. Legal, Statement or Letter·R) 54,00 54,00 'Control Card V Syct.m includes ConlTOl Card V. aasle C$ld Sit and Control Card Prinler IV 2. Full Maintenance Mod,I. <:Opla ~ Monthly ".'nten_not hmol Chl1tG InclUdf<l CM. o-U Mil.. 2f-50 Mil.. 51-GO U.. Monthly lone' Zol1l2 Zone 3 .' Rates (Per Unit) Item No. 51-57 20,000 .007 $136.96 Type I-Comprehensive 40,000 .007 266.10 (Includes drum) SOrterS1 Noto: Discount ba&ed on I\umber - - 27.31 of maoniMa et onl locatiOl'l 5-18 machlne8-~% each additional Stapler Sorter A1 - 26.13 31.67 Ol/Ur 20 machines-11m'ach additional V¡tPJL:.11 ß"~f21. S'. Image Editing Unit VIII 3.17 3.56 3,96 1¡e"G'JI2.~ /ø ß~OIA~ Control Card V 2.38 2.77 3,17 /J-c.-~ P,/1-{el-5", (/tØtPl!/j)IeU/fl$~ontrof Card IV Printer - 1.34 158 ~1f~~PPL ðT - - 22.17 26.92 t5i 79. ~o /0 jl11J,u.w ~ 28.50 //1 C¿ {,1 M õtc/ tÞt> 7,PIL'S. - - ¡£~qs$ CoPI',c!5 ð/ , O/~ cople. Exce.. Monthly Mllntonaflce Service Chct'f,e Type II-Standard ctÞ~' Modll. lnoluded (;:IIIIIV' 0-25 Mil.. 2e-50 Mn.. 51-60 110. (Does not include drum) MOl\\IIly Zone , 1:0f\l 2 Zone a -...----'" No19: DièCOUnl based Of\ number NP-665011 20,000 .007 $121,13 $125.08 $129.83 0' machines at one location 5·19 macrJinea-5% each additional NP·665011 40,000 ,007 201 .48 205.44 210.19 Over 20 maCl'\II,\és-10ð{Q each eddiliQnll1 ø¡2· 13'/~ SO þ~ ;;<. S; ()C CJ úJ ~."'/"'J...I ç..,....Þ'<r ~ A'" "" .... ".. .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS jtt FROM: CITY MANAGER P ·'1 SUBJECT: AGENDA I TEM :It , Þ\ - MEETING OF NOVEMBER 26, 1991 REPORT OF APPEALABLE LAND USE ITEMS DATE: November 22, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period November 19, 1991 through November 25, 1991. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved color change Kazuko Dress Designing, Turnover Shop, Old House, New York Dance Experience, Delray News Stand, Delray Galleries, The Trouser Shop and Meier and Le'Man. -Approved color change for Goodman Auto Service. -Approved color change for Tire Kindgom. -Approved landscape plan associated with the replacement of a chain link fence with a six foot high block wall at Gulfstream Roofing. -Approved site plan, landscape and architectural elevation plans for Lake Ida Church of Christ. Concurrently, waived the requirement for the dedication of five feet of right-of-way for Roosevelt Avenue; denied the request for waiver of the five foot sidewalk requirement along Roosevelt Avenue; however, recommended installation be deferred for one year after the issuance of a CE"rtificate of Occupancy. -Tabled a minor site plan modification and architectural elevation plans for 160 Center. The Historic Preservation Board did not act on any appealable items during this reporting period. The Planning and Zoning Board did not hold a regular business meeting during this reporting period. A detailed staff report is attached as backup material for this item. f A/ , . /lvÎ C I T Y COM MIS S ION DOC U MEN TAT ION TO: Q:.JJHARDEN' CITY MANAGER THRU: ID J. K~ECTOR DEPARTMENT OF PLANNING AND ZONING l{)~~ ~ FROM: ASMIN ALLEN, PLANNER I SUBJECT: MEETING OF NOVEMBER 26, 1991 REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 19, 1991 THRU NOVEMBER 25, 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 November 19, 1991, through November 25, 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: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. · City Commission Documentation Report of Appealable Land Use Items November 19, 1991, thru November 25, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 20, 1991: 1- Approved a color change for the Business establishments within the 400 Block of east Atlantic Avenue, namely, Kazuko Dress Designing; Turnover Shop, Old House, New York Dance Experience, Delray News Stand, Delray Galleries, The Trouser Shop and Meier & Le'Man (Vote 5 to 0). 2. Approved a color change for Goodman Auto Service, located at 1601 S. Congress Avenue (Vote 6 to 0). 3. Approved a color change for Tire Kingdom, located at 640 S.E. 6th Avenue (Vote 5 to 1). 4. Approved landscape plan associated with the replacement of a chain link fence with a 6' high block wall at Gulfstream Roofing, located at 140 N. w. 18th Avenue (Vote 6 to 0). 5. Approved the site plan, landscape and architectural elevation plans for Lake Ida Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt Avenue, to allow the phased construction of a church facility, open air pavilion and multi-purpose building on 5.2 acres (Vote 6 to 0). In addition, the Board took action on request for waivers, namely, * Waived the requirement for the 5' dedication of right-of-way for Roosevelt Avenue; * Denied the request for waiver to the 5' sidewalk requirement along Roosevelt Avenue. The Board recommended that the installation of the sidewalk be deferred for one year after the issuance of a Certificate of Occupancy. The sidewalk is to be accommodated within the existing right-of-way. 6 . Tabled the minor site plan modification, and architectural elevation plans for 160 Center, located at the northwest corner of S.E. 6th Avenue (northbound Federal) and S.E. 2nd Street, to allow the demolition of a portion of an existing building in order to accommodate additional parking (Vote 6 to 0). No other appealable items. · City Commission Documentation Report of Appealable Land Use Items November 19, 1991, thru November 25, 1991 Page 3 HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 20, 1991: There were no appealable items considered by the Board. However, other agenda items which required Board action include: 1. Certificate of Appropriateness request to allow a construction sign at the Nassau Point Townhomes located at the southwest corner of Nassau Street and Ocean Boulevard. 2. Certificate of Appropriateness request for business signs at Little Tiger Check Cashing, located at 48 West Atlantic Avenue. 3. Certificate of Appropriateness request to install a chain link fence in the front yard of a single family residence in Del-Ida Park. PLANNING AND ZONING BOARD MEETING: (No Regular Meeting was held during this period). RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Maps JA/#62/CCDOCN.TXT . ~~o Lo~~ AI~L~~~lcIAv~I.J ~uu U I· I LJ II I c:J 0 .. JDD >- ...q:- s ~ W LL I. I-- I I « S '" ... .. c -.J « l- LL - If. (/) I <:( 0 U · <:( · Q:' to i ~ · - 2 » · - LL ,. IT. L I. ~ ~ . .. I~I~ 10 i IMr , II - 1.. .- . D I ï- I nnltj II TIRE KINGDOM =UUU. . . DO DQ --, .. . .. ~ .. =n ., ~~L il \ r:;;'f/2/ LAKE· .. 1 JI\~ IDA ~\ ~~_/ I hL I ,I ___ ~ I I 1 ~ 'AHA I 01. 4J '" ..;. ~ (I; ~ I.¿j ~ ~, ð ~ cw. ~~D ' LAKE IDA CHURCH OF CHRIST J- N- I - ~ ~'"ìt 11 j Dñ ~n j .~~ I / ~~~ ~~ P~" ,.". lÞ.KE lOA. ROA.D ~ P¿ . ".¿r 1I'-/..~r /'. ~. '~~rx/X/~'X~ ~ ~/ T" /.,1 . r.,ry . :/.'/W'/-'0.· . . . ~~ I- . . . ~-/;. . I. W$~ ~;G?f/)'~ L-32! .~. . ''''10''' >- .........\.11 j 1111 ur mIET I~---i I. I! ~ - - ~ ~ i ---- ~ ~ ~ -... :: ! NOSPECT mm ""1_ - ---~ . 11 Ii _ i. J! 2! L~ I-~ 7 ~t~ :- w. N ==1 - \~ ~ ~ ---t I ..- ,. .II.'. l I ~, L .------- ---------------------- ------- ---------------------- N.W. 2ND ST. . w > <t I GULFSTREAM ROOFING ::r: J- IX) - w ::> z w > 4: (f) (f) w N.W. 15T ST. 0:: e" Z 0 I Ü I I I ! · W > ~ ~ I t- to - · ~ · z t~ùt 0'~\\C þ."-I N þ..\ I ,~ DELRAY GARDEN PLAZA BANK GOODMAN AUTO SERVICE LINTON BOULEVARD I ~ I "'" ~ z "'" > THE ATRIUW < . SPRING HARBOR en en w 0: " . z 0 0 N - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (~ I SUBJECT: AGENDA I TEM :It 4:\8 - MEETING OF NOVEMBER 26, 1991 REQUEST FOR CONDITIONAL USE APPROVAL/ASSEMBLIES OF GOD DATE: November 22, 1991 We have received a request from the Assemblies of God Church to establish a church on the west side of North Swinton Avenue, immediately north of Unity Church. The subject property is a vacant parcel of land containing approximately 1.6 acres. The development proposal for this parcel is to construct a 5,000 square foot (300 seat) sanctuary, a 5,000 square foot assembly hall, and a 625 square foot entry tower. In addition 103 parking spaces and associated landscaping has been provided for. The shell of the assembly hall will be constructed concurrent wi th the sanctuary, with internal improvements being made as funding becomes available. The Planning and Zoning Board at their November 18th meeting held a public hearing on this request. Public concern was voiced with regard to the removal of the existing buffer along the north property line and the possibility of the illumination from the site lighting spilling into the adjacent residential properties. The Board recommends approval of the conditional use request, subject to conditions. A detailed staff report is included as backup material for this item. Recommend approval of the request for conditional use approval from the Assemblies of God Church, subject to the conditions as recommended by the Planning and Zoning Board. ~ 6-0 wI Conornon (I) 'Z m. L/s·lt'(!,~ 's /£Ik~ (¡:¡#¡:¡tl.hEO ) ~ po¡.. 2 R£t20mmr¿,n IJIl 770 n . LAW OFFICES LISTICK Ie KRALL. P.A. ele E. ATLANTIC AVENUE DELRAY BEACH. FLORIDA 33483 14071 27e-7424 MICHAEL M. LISTICK 4211-0343 (B..OW....D) MARK L. KRALL . ell.-71137 (P"LM BE..CH) .. 2711-S.0. (TUECO~IE") November 26, 1991 - 0,. COUN8IEL MICHAIL S. STEINIER David T. Harden City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE: Assembly of God Church -- Conditional Use ; Dear Sir: I reside on N.W. 24 Street. The back of my home overlooks a canal and the north boundary of the proposed Assembly of God Church. By way of explanation, I enclose a photocopy of the plat of Lake Eden No. 3. I have highlighted, in yellow, the canal located to the south behind my house. There is an approximate twelve (12) foot strip owned by the Aircraft Products Company located between the church property and the canal (highlighted in red). The twelve (12) foot strip was intentionally left as an unusable physical buffer and a visual landscape buffer to protect our privacy and to give us a view of a natural environment from our back yard. It was intended that the owner of the land purchased by the church would not utilize the twelve (12) foot strip. The trees and shrubbery appear as a fifty (50) foot high wall of greenery and represent an important feature of our house. I have no objection to the proposed church use. My concern is that, when the proposed Assembly of God Church is built, I will need the protection of the twelve (12) foot strip even more (especially since the church proposes to have parking at their northern bounday line). The church's site plan shows that cars will be parking next to the twelve (12) foot strip and their headlights will be shining directly north into the back of our home. r would appreciate it if the city would mitigate the situation so as to protect the landscape buffer on the twelve (12) foot strip and require dense shrubbery on the church's northern boundary. The church has already cleared out some shrubbery (without removing all the debris) on the twelve (12) foot strip and thereby has already partially disturbed the buffer. In addition, a great grey heron and a great blue heron live in the shrubbery and the church should not disturb them. As you consider the proposed church, I ask you to consider four (4) conditions to approval: 1) Provide that the church must not clear any land beyond their property line (on the north twelve (12) foot strip). They have contacted the owner of the twelve (12) foot strip for permission to clear it; November 26, 1991 David T. Harden, City Manager . City of Delray Beach Page 2 of 2 2) The church should not interfere with the continuation of the fifty (50) foot high wall of trees which constitutes the view from our back yard, located on the twelve (12) foot strip; 3) The church should be required to maintain a hedge as high as their building on their northern boundary so that we do not. have to look at the church building; and 4) In addition, the church should maintain a thick low hedge on their property line which will block out headlights of cars parked at the northern boundary of the church property. I have no objection to the church building, and I welcome the church to the neighborhood. However, I believe it is vital to the homes in our subdivision that we be given adequate buffer protection. I am certain that we can all work together and accomplish our individual goals without interfering with or hurting anyone. Thank you for your courtesy. Very truly yours, .-- ·..(C·~. ..----- Michael M. 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I., ' .,'" I " ". .,c (. . .f' ''''. ....) ... .",1, t.. ~ t 1'1~ f,;; ~ ~ L' Z , . \ j': ( S · h ~ ¡, t Jr:' I" .~,c. ~ . 1 \ ··'ll,,' J '11 I' ...¡t..ef Ie :,' ! . P I ;t\. ! & l\ , I!! : ; ~ ;', ~ ; .! f ¡ I ~ 1: I : J:; :: U , i ~: t Ii:!! !~'If~~~ t ! i¡!i!;i¡ f · ¡Ii p ¡¡hj!,fHlhi! !!t~ ,l !~ ¡;!~f i '\\ l~hf ill !';n~( r·· tjl 11·~.~~i!r;~¡hl:·II:ì~ ~ .' ...../. . ,.'. ,,1. I ~ 14 " I h. ~ f . !J!d ~\~'i}' :.~ ~, !¡¡~¡;!I' i., .'''_, II: i! II!!;!';:!!!/¡, ¡¡j ~l;~nr~.,· / ' \"1 \ .,' \." 1,1,'" ..... .1.... H' ..,. l"tI.J'1t'.~ c', f .... ~~ ' ;'!" r. '. '. '.... ~.., .r" .:1 ~~ ~:t:t.,.~ 1'~. rf~' ,..., " ~':~ "¡,~ {/(' ('{~1 C I T Y COM MIS S ION DOCUMENTATION TO: DAVID T. HARD N, CITY MANAGER FROM: TECHNICIAN II THRU: ONING SUBJECT: MEETING OF NOVEMBER 26, 1991 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A CHURCH ON THE WEST SIDE OF NORTH SWINTON AVENUE, IMMEDIATELY NORTH OF UNITY CHURCH OF DELRAY BEACH. (ASSEMBLIES OF GOD CHURCH) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a church on a parcel of land which is zoned CF (Community Facilities). BACKGROUND: The Assemblies of God Church is seeking to establish permanent facilities. The proposal includes a 300 seat sanctuary, an assembly hall and associated parking. An analysis of the request is found in the Planning and Zoning Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 18th, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony which raised concerns about the removal of the existing buffer (tree line) along the north property line and the possibility of the illumination from the site lighting spilling onto the adjacent residential properties. There was a comment from the public which suggested that the existing trees on the subject property and the adjacent property to the north were being removed. The adjacent residences want the existing tree line to remain. City Commission Documentation Meeting of November 26, 1991 Assemblies of God Church Page 2 After taking public testimony and reviewing the staff report, the Board on a unanimous vote (5-0) recommended that the request be approved subject to the following conditions: A. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the "Technical Items" listed in the Staff Report. B. That a revised traffic study be submitted prior to, or concurrent with, the full site plan application. C. Replacement of improperly removed trees. D. Sensitive lighting fixtures be incorporated into the site plan. RECOMMENDED ACTION: By motion, approve the Conditional Use request for the establishment of the First Assemblies of God Church subject to the conditions as recommended by the Planning and Zoning Board. Attachment: P & Z Staff Report of November 18, 1991 " PLANNING & ZONING BOAHlJ 'CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: November 18, 1991 AGENDA ITEM: III. D. ITEM: Conditional Use Request to Allow the Establishment of a Church(Assembly of God) on Swinton Avenue Immediately North of Unity Church "1 I I I \ \ - ~Q~~ 0 ~ ~ ~ \,t-"f..~ \ '" i -- fa' / ~ ~ ~ W 110: - \ ~ N --(~ '"" VI .:~ f' ....1.1 ~ I L I--- I ---. ,¡ . I I I I N.W. UND S T1tUT lltlt.JDE !lOAJI II1II ~ITI III IT1Il1 r I I I I I I 1 _ 0____- GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . John A. Pagliarulo First Assemblies of God Church Agent........... ......... .....Craig Livingston Location.. ...... ....... .......On the west side of Swinton Avenue, between N.W. 22nd Street and N.W. 24th Street. Property Size... ....... .......1.6 Acres City Land Use Plan............Open Space City Zoning..... ........ ......CF (Community Facilities) Adjacent Zoning. ......... .....North: R-1AA (Single Family Residential) East: R-1AA South: CF West: R-1AA Existing Land Use..... ........Vacant Proposed Land Use...... .......Construction of a 10,000 sqft. church facility with a seating capacity of 300 persons. Water Service.................No existing water service to site. Sewer Service................. Existing 6 It sanitary sewer main III. D. (force main), along Swinton Avenue. ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request to establish a 300 seat church facility for Assemblies of God Church. The subject property is located on the west side of Swinton Avenue, between N.W. 22nd and N.W. 24th Streets (immediately north of Unity Church of Delray). BACKGROUND: The subject property is a vacant parcel of land containing approximately 1.6 acres. The City's records do not contain any land use history with respect to the property in question. Assemblies of God Church is presently leasing St. John's Church located in Boynton Beach, just south of Hypoluxo Road on Seacrest Boulevard. The congregation is seeking to establish its own facility. PROJECT DESCRIPTION: The development proposal is to construct a church facility consisting of the following: * Sanctuary containing 300 seats (5,000 sq. ft.) * Assembly Hall containing classrooms/meeting rooms (5,000 sq.ft.). * Entry Tower (625 sq.ft.) * 103 parking spaces and associated landscaping The shell of the Assembly Hall will be constructed concurrent with the Sanctuary with internal improvements to be made as funding becomes available. CON D I T ION A L USE A N A L Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3. 1. 1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 2 Future Land Use Map: (The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Land Use Plan designation of Open Space and a CF (Community Facilities) zoning designation. CF zoning allows a church facility as a Conditional Use. Although the CF zone district is consistent with the land use plan designation, church use is not allowed on land designated as Open Space. Initially, the property was thought to be environmentally sensitive land, thus the Open Space land use plan designation. However, a site inspection was conducted and revealed that . the property is not environmentally sensitive, but does contain a number of mature native plants. Recognizing that the property may have been designated Open Space in error, a Land Use Plan Amendment from Open Space to Community Facilities - Church, will be included in Comprehensive Plan Amendment 92-l. In light of the above, it is appropriate to make a positive finding with respect to consistency with the 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 is 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 will be provided via installation of an 8" main along the east side of Swinton Avenue connecting the dead-end main, just north of N.W. 24th Street, with the main at the northeast corner of Swinton Avenue and 22nd Street. The Church will be financially obligated for that portion required to extend the main to the far end of its property. It is the Church's option to extend from the north or south. The City would reimburse the Church for the completion of the main past the far end of the subject property. P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 3 Fire hydrants are required every 300 ft. of road travel along the new main extension. At this time exact fire hydrant locations have not been determined. In addition, the building may be required to be protected throughout with a complete automatic sprinkler system. These items will be addressed with the full site plan submittal. The applicant should coordinate location of the hydrants with the Fire Marshall, Mike Cato. Sewer: Sewer service will be provided via installation of an 8" sewer main from the existing lift station (#105) located on the west side of Swinton Avenue, just north of the site. Drainaqe: Paving and drainage plans have not been provided. With a full site plan submittal, drainage plans will be provided. At this time, there are no problems anticipated. Streets and Traffic: The traffic impact study has been submitted indicating that the development proposal will generate a total 104 ADT (Average Daily Trips) on the surrounding roadway network. The City's Traffic Engineer has reviewed the traffic study and transmitted comments to the applicant's engineer. As the comments should not generate additional trips exceeding a total of 200 ADT, it is appropriate for the Planning and Zoning Board to take action at this time. No right-of-way dedications or street widening is required with this development proposal. There is an existing asphalt pathway located along the west side of Swinton Avenue adjacent to the subject property. Thus, a sidewalk is not required. However, it is anticipated that with construction of the church, the asphalt pathway will be damaged to some extent. Therefore, the Church will be responsible for repairing the asphalt pathway. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. The open space requirements may be met by applying Section Section 4.6.16(H)(3) (perimeter and internal landscape requirements) . These requirements must either be met or appropriate waivers or variances obtained with the full site plan submittal. A minimum 25% non-vehicular open space shall be provided. Solid Waste: Trash generated by the proposed Church use will not be significant with respect to level of service standards. ",,'t P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 4 Consistency: (Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency). A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Objective A-I - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses and fulfills remaining land use needs. The intensity of the proposed church use is not inappropriate given the intensity of the church uses to the north and south. Whether or not this specific church use is complementary, rests with the expressed feeling of adjacent property owners. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the south by CF (Community Facilities) zone district, and on the north, west and east by the R-lAA (Single Family Residential) zone district. The City is currently processing Correction Ordinances for the abutting properties to the north and west to change the zoning from R-lAA to CF. The basis for the changes is to correct errors that were made with the Citywide rezoning of October 1, 1990. The existing land use south and west of the site is Unity Church/School of Delray Beach. The property to the north is a parcel of land containing a City lift station, vacant land and a canal. The property to the east contains a single family home. '" ,~ P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 5 Goal Area A (Housing Element) of the Comprehensive Plan calls for preservation and maintenance of stable neighborhoods, and stabilization and revitalization of declining neighborhoods. Pursuant to the Housing Element, the area north, south and west of the subject property is designated as "Stable" and the area to the east is designated as "Stabilization and Revitalization". As there are a number churches in the vicinity, the proposed use should not have any effect upon the stability of the neighborhood nor should it hinder development or redevelopment of nearby properties. Aesthetically, compatibility with the properties to the north and east, is not a major concern. If the Board feels it is a concern, compatibility can be mitigated through increased buffering (landscaping) in excess of Code requirements. As there are 4 churches located within 1,000 ft. of the property in question, compatibility with respect to use and traffic may not be considered a concern. However, as multiple church facilities create concerns over cumulative traffic impacts in residential areas, an analysis was conducted to determine the intensity of churches within 1,000 ft. and 2,000 ft. of this proposal (see attached radius map). The following is a summary of the results: Churches Within 1,000' Status Capacity 1. Lakeview Baptist Church Currently 76 (East side of Swinton Ave, Operating just north of NW 25 ct) 2. Delray Beach Church of the Currently 80 the Nazarene Operating (East side of Swinton Ave, between NW 22nd St & NW 24th St) 3 . Unity Church of Delray Beach Currently 295 (NW corner of Swinton Ave & Operating NW 22nd st) 4. Church of the Palms Currently 210 (SW corner of Swinton Ave Operating & NW 22nd St) 5. Assemblies of God Proposed 300 (West side of Swinton Ave, just north of Unity Church) Total 950 ""·1 P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 6 Churches Within 2,000' Status Capacity 6. Seacrest Presbyterian Currently 1,200 Church Operating (SE corner of Seacrest Blvd & Gulfstream Blvd) A majority of the concerns raised with respect to multiple church facilities in close proximity relate to the lack of on-site parking. In instances where there is inadequate on-site parkin~ swale areas, adjacent properties and adjacent streets are utilized for parking purposes. However, as the development proposal provides adequate on-site parking, this should not be a concern. Compliance with Land Development Requlations: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the L.D.R. will be required. Along with the Conditional Use request, a sketch plan has been submitted. Upon staff review, several code deficiencies were identified.· These must be addressed with the full site plan submittal. The list of technical items is attached for informational purposes. REVIEW BY OTHERS: Site Plan Review and Appearance Board: If approval is granted for the Conditional Use, a full site plan submittal will follow. Final action on the site plan submittal rests with the SPRAB (Site Plan Review and Appearance Board) . The site plan must accommodate concerns raised through the conditional use petition, and address the attached "Technical Items". Normal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Special Notice was provided to the Lake Ida Homeowners Association. No comments have been received. ASSESSMENT: The subject property was designated as Open Space upon adoption of the Comprehensive Plan. As the property is located adjacent to Lake Eden and contains mature native plants, the property was thought to be environmentally sensitive. However, recent site P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 7 inspection revealed that the site is not environmentally sensitive. Thus, the Open Space designation should not have been applied. Therefore, with Comprehensive Plan Amendment 92-1, a correction to the land use plan will be initiated to change the Open Space land use designation to Community Facilities - Church. The increase in vehicular traffic associated with this facility combined with adjacent church uses could have a negative impact on surrounding properties, specifically the residential properties. However, such an impact would only occur on Sunday mornings. Adequate provisions for on-site parking will be made. Aesthetically, compatibility can be enhanced through increased buffering in excess of Code requirements can be imposed to further mitigate the incompatibility. ALTERNATIVE ACTIONS: 1- Continue with direction. 2 . Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Conditional Use request based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3, Sections 3.1.1(C) (Consistency) of the proposed use with adjacent land uses. RECOMMENDED ACTION: Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: A. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the attached "Technical Items". B. That a revised traffic study be submitted prior to, or concurrent with, the full site plan application. Attachments: List of Technical Items re: Sketch Plan Sketch Plan Radius Map ,,,,,¡ P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 8 TECHNICAL ITEMS: 1. It is recommended that the interior parking spaces west of the classrooms be designed facing east and west to better accommodate Code requirements. 2. Pursuant to cbty Standards, a one-way single-loaded parking ba~ with a 30 or 450 angle requires an 18 ft. aisle wigth, 60 angled spaces require a 22 ft. aisle width and a 90 (perpendicular) spaces require a 24 ft. aisle width. At the southeast corner of the site, perpendicular parking spaces are prozided wbth a 15 ft. aisle width. A recommendation is that 30 or 45 angled spaces be provided. 3. Pursuant to Section 4.6.9(D)(3)(b), the minimum width for a one-way driveway is 12 ft. The driveway width is 15 ft., just south of the classrooms. The width may need to be reduced to accommodate repositioning of the building (if needed) and foundation plantings. 4. Site lighting must be contained on-site and directed away from the adjacent properties, especially the residential properties. 5. Pursuant to Section 4.6.16(H)(3)(i): Landscape islands with a minimum dimension of 5' , exclusive of required curbing shall be placed at intervals of no less than one island every 10 spaces. The interior parking rows west of the classrooms contain 12 parking spaces and the parking row along the west property line contains 12 spaces. In addition, the landscape islands are 4' in width. 6. Pursuant to Section 4.6.16(H)(3)(k): Whenever parking tiers abut, they shall be separated by a minimum of a 5' wide landscape strip. This strip shall be in addition to the parking stall. The 24 spaces parking tier west of the classrooms does not contain landscape strips. 7. Pursuant to Section 4.6.16(H)(3)(d): Between the off-street parking area or other vehicular use area and abutting properties, one tree shall be provided for every 30 lineal feet. Along the north, south and west property lines one tree has been provided every 40'. 8. Pursuant to the Florida Handicap Accessibility Requirements Manual, a parking lot containing 101 - 150 parking spaces shall provide 5 handicap parking spaces. '~'4 P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 9 9 . Pursuant to Section 4.6.7(E)(3)(b)(i), when considered as a part of a site plan approval, a sign may be located within a special setback area provided that: If the sign is to be located no less than 10 feet nor more than 20 feet from the right-of-way, the sign height shall not exceed 7 feet, and the sign area shall not exceed 40 sq.ft. The proposed sign is located within the IS' front yard area 5' from the Swinton Avenue right-of-way line. 10. Pursuant to Section 4.6.16(H)(3)(j), each row of parking spaces shall be terminated with landscape islands. A landscape island must be provided between the parking space and the dumpster. The landscape plan shows a hedge between the dumpster and the parking space inferring that a landscape strip is being provided. II. On the floor plan, indicate the number of pews, their spacing and dimensions. In addition, indicate the number of pews that will be provided in the "future loft". 12. The plans show curbing adjacent to the driveways within the Swinton Avenue right-of-way. The curbing must be removed as it will interfere with drainage. 13. Specify lighting requirements. 14. Ramp must be placed between two (2 ) handicapped spaces on the north side of the site. 15. A boundary plat of this property is required as it is the creation of one property from two parcels of unplatted land. 16. Pursuant to Section 2.4.3(A)(9) the applicant shall provide a tree survey which shows the location of all trees which have a diameter of 4" or greater. There are many valuable trees on this site and every effort shall be made to save as many trees a possible. The landscape plan shall show the existing trees and indicate which trees will be saved, relocated or removed. 17. Pursuant to Section 4.6.16(H)(3)(d) one shade tree is required to be planted every 30' or fraction thereof along the landscape strip that separates the vehicular use area from abutting properties. 18. Pursuant to Section 4.6.16(H)(3)(b) the unpaved portion of the right-of-way adjacent to the property line shall be landscaped with sod and provided with irrigation and maintenance. P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 10 19. Pursuant to Section 4.6.l6(G)(1) all prohibited plant species shall be eradicated from the development site and reestablishment of prohibited species shall not be permitted. 20. Pursuant to Section 4.6.l6(E)(4) all plant materials shall be Florida #1 grade or better. 21. Pursuant to Section 4.6.l6(H)(3)(g) the amount of interior landscaping within off-street parking areas shall amount to no less than ten percent of the total area used for parking and accessways. The applicant shall provide the calculations. 22. Pursuant to Section 4.6.l6(H)(3)(h) there shall be a group of palms or a shade tree for every 125 sq. ft. of required interior landscaping. No more than twenty-five percent of these required trees shall be palms. The applicant shall provide calculations for the number of trees required and proposed. 23. Pursuant to Section 4.6.l6(D)(2)(c)(ii) twenty-five percent of the required trees and thirty-five percent of the required plant materials shall be native. The applicant shall also provide the square footage of all native plant materials and the total number of trees required and proposed. The required trees is based upon the total number of required interior trees and the perimeter trees. 24. Pursuant to Section 4.6.l6(E)(8)(c) thirty percent of all required open space shall be planted in shrubs and ground covers. No more than seventy percent of these areas can be planted in lawn grass. The required open space consists of the required interior green space and the required perimeter landscape setbacks. The applicant shall provide the square footage for these areas and the total square footage of planted areas. 25. The hedge along the north side of the building should be planted along the foundation of the building. The hedge parallel to Swinton Avenue should be planted along the inside of the landscape setback or eliminated. If eliminated, then a foundation planting would be required. The hedge does need to wrap around the parking spaces on the Swinton Avenue side to conceal the parked cars. 26. Pursuant to Section 4.6.16(E)(6) with the exception of Coconut Palms and Royal Palms, three palms are equal in value to one requir~d shade tree. 27. The applicant shall specify sod species. ,," P&Z Staff Report Assemblies of God Church - Conditional Use Approval Page 11 28. Pursuant to Section 3.6.16(E)(1)(f) 3" of mulch is required in all planting beds. 29. Pursuant to Section 4.6.16(E)(5) when more than ten trees are required to be planted to meet the requirements of the landscape code, a mix of species is required. Refer to the landscape code to find what the minimum requirement is. 30. 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IJ~:Ji ! ~~ - i ~ , ~·I .:.;r~ A .'. -:- ~E' .. tr~ ~ . i 4': .. ~ ~ ,,, /·LJ ." - ~ ~. _~ -: ~ ~ _.. '~'~.., .,..... . ... _ ~., _. . :"O..~ __ , . '..-. - .~.... .-.. - - - " - - - ..... .. 0 Q::> ,~.. ......~' . " . . -. ~ ~ ~ ~þ 7 N.. _ e.- '-.... I' ,.,., >.. . ,... tit . .. ~ ........... I . : ,~ ...., ...... .... "'..J ,::) ~.. :-..:>. - "';»~..L ........ J ;, ~ ~' '- ,-ð~ .' ~." !! 1, .... _~_ ;ø-.> ". . "'t.-:?....~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~il SUBJECT: AGENDA ITEM :It qc..- - MEETING OF NOVEMBER 26, 1991 REQUEST FOR CONDITIONAL USE APPROVAL/GRIFFIN GATE DATE: November 22, 1991 We have received a request from Fred Griffin for conditional use approval to establish a duplex zero lot development on South Swinton Avenue, south of S.E. 4th Street, in the RM (Medium Density Residential) zone district. The subject property is a vacant parcel which contains approximately 1.2 acres. The development proposal for this parcel is to construct five duplex structures which will be subdivided into ten lots - one for each dwelling unit. The Planning and Zoning Board at their November 18th meeting made a Determination of Similarity of Use finding that a' unified duplex development, which provides for home ownership, is similar to "single family" detached residences in zero lot line developments and determined that the duplex development (more than one duplex in a development proposal) is allowed only as a conditional use within the RM zone district. The Board recommends approval of the conditional use request, subject to conditions. A detailed staff report is included as backup material for this item. Recommend approval of the conditional use request to establish a zero lot line duplex development (Griffin Gate) in the RM zone district, subject to the conditions as recommended by the Planning and Zoning Board. ~ 3td;;;¿ ( Itl p<é£¡'n cj... f}noewJs d:SSEn77/J9 ) ""'·1 ~ "1{ :J.'V~ t· · C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM~T MEEKS, PLANNER II , ~~~ THRU:' ID J. OVACS, RE TOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A DUPLEX ZERO LOT DEVELOPMENT IN A RM ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of Approval of a Conditional Use request to establish a duplex zero lot development in a RM zone district for Griffin Gate. The subject property is located on S. Swinton Avenue, south of S.E. 4th Street and contains approximately l.23 acres. BACKGROUND: At its meeting of October 8th, the City Commission denied a preliminary plat request (six lot) for Griffin Gate Subdivision. The denial was based on an incompatibility of land use given that multi family exist to the south, community facilities to the west and commercial/industrial uses to the east. It was felt that development under RM standards was more appropriate than proceeding with development under R-lA standards through which no conditions could be imposed to mitigate negative impacts of adjacent uses on the single family development. The applicant retained a local architect and came up with a concept plan for affordable housing in a "village like" atmosphere. The concept plan addressed most of the Planning and Zoning Board's previous concerns. With the "new concept" plan as described in the staff report, for the creation and operation of Griffin Gate, it provides a housing program which is specifically described in the Housing Element. The significant difference being being that it is to be accommodated privately. ';""¡ èity Commission Documentation Consideration of a Conditional Use Request to Establish a Duplex Zero Lot Development in a RM Zone District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 18th, the Planning and Zoning Board reviewed the concept plan. The Board first made a Determination of Similarity of Use finding that a unified duplex development which provides for home ownership is similar to "single family" detached residences in zero lot line developments and determined that the duplex development (more than one duplex in a development proposal) is allowed only as a Conditional Use within the RM zone district. In the evolution of the project, it become necessary for the Administration to create a narrative describing the project (see page two of the staff report) as the submission was primarily graphic form. Therefore, the second motion involved ascertaining understanding of the project. Thirdly, the Board approved the Conditional Use request on a 5-0 vote with the following conditions: * That the site plan submission shall be in substantial compliance with the sketch plan and accompanying illustrative architectural elevations and that additional on-site parking be provided. * That the plat be submitted concurrent with the site plan submission. * That copies of the proposed Homeowners Association documents be provided with the "concurrent" submission. RECOMMENDED ACTION: By motion, approve the Conditional Use request for the establishment of Griffin Gate zero lot development subject to conditions as recommended by the Planning and Zoning Board. Attachment: P&Z Staff Report " · PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- .4EETING DATE: November 18, 1991 "GENOA ITEM: III. E. ,TEM: Conditional Use Request, Griffin Gate (Zero Lot Line Development) to be Located on Swinton Avenue & S.£. 4th Street "'I I I J I I L.----J I IL I.w. 4TH STUn I ¡ s.L t I ¡ N ...-.-- ¡ I ,.-, í ç , GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . D. E. Stewart & E.D. Stewart Agent...........................Fred Griffin Location...... ..... ........ .... .On the southeast corner of Swinton Avenue and S.E. 4th Street. Property 8i ze. . . . . . . . . . . . . . . . . . .1.27 Acres City Land Use Plan............. .Medium Density 5-12 du/acre. City Zoning.....................RM (Multi-Family Residential) Adjacent Zoning.... ............ .Land to the west of the subject property is zoned CF (Community Facilities), land to the east of is GC (General Commercial), land to the north and south is zoned RM. Existing Land Use......... .... ..Unimproved vacant land. Proposed Land Use...............Five (duplex) lots, 10 total dwelling units. Water Service...................Existing on site. PV~~r;n0 on site. TILE. · I T E M B E FOR E THE BOA R D: The action before the Board is that of making a recommendation on a Conditional Use Request to establish a Zero Lot Line Development to be known as Griffin Gate. A sketch plan is accompanying the request. The property is located on the east side of Swinton Avenue, south of S.E. 4th Street. It contains approximately 1.23 acres. Following action on the Conditional Use request, site plan considerations will rest with the Site Plan Review and Appearance Board (SPRAB). B A C K G R 0 U N D: A previous land use petition was considered on this property. At its meeting of July 22, 1991, the Planning and Zoning Board denied a standard (six lot) subdivision plat request. The Board felt that a standard subdivision would result in a development incompatible with adjacent land uses. Citing the existence of multi-family housing to the south, commercial/industrial to the east, and a community facility use to the west, it was felt that development under RM standards (with required buffering, unified development, etc.) was more appropriate than proceeding with development under R-1-A standards through which no conditions could be imposed which would mitigate negative impacts of adjacent uses on the new development. The Board's action was appealed. At its meeting of October 8, 1991, the City Commission denied the appeal. During the appeal process, the applicant (after consulting with the CRA Director and a local architect) came up with a concept plan for affordable housing in a "village like" atmosphere. The concept plan addressed most of the Board's concerns. The City Commission seemed receptive to this concept and honored a requested to waive payment of new processing fees in order to give it proper consideration. The new concept involves individual ownership of duplex structures. This is akin to a type of zero lot line development. Also, the concept needs to be tied to a site specific development plan. Thus, it was jointly determined that the best method of proceeding was to process the request as a Conditional Use based upon its similarity with the listed conditional use of: * single family detached residences in zero lot line developments. A land use application (for Conditional Use) and its accompanying sketch plan was then submitted. The item has been provided "fast-track" processing. It is now before the Board for public hearing, review, and a formal recommendation to the City Commission. ';"I~ P&Z Staff Report Conditional Use - Griffin Gate Page 2 PRO J E C T DES C RIP T ION: [NOTE: The submittal is primarily in a graphic form. The following "project description" has been formulated by the Planning Director based upon a review of the submission. It is imperative that the applicant acknowledge the validity of this "description" since it is the basis upon which further reviews will be made.] The proposal provides for the unified development of the property through the siting of five ( 5) duplex structures. The property will then be subdivided into ten lots - one for each dwelling unit. Further aspects of the subdivision will include either of following concepts, depending upon the desire of the developer: 1 ) fee ownership, through individual lots, of all the land with easements over resulting lots. These easements would provide for common maintenance and regulation of "master site plan elements" of the project. The easement provisions would be administered and enforced through a home owners association(*). 2) fee ownership of the land beneath the housing unit and attendant private space (patio, private yard, etc. ) and the balance of the property described as common area and limited common area, as appropriate. The common areas would be administered and maintained by a home owners association(*). ( *) home owners association: due to the existence of the common (unifying) features of the project an entity must be responsible and accountable for those features. Various options were discussed with the applicant. The chosen option is that of a home owners association with active participation by an outside interest (a program similar to that used for the Allemanda Gardens Subdivision) . The outside interest may be the developer or a responsible organization (in Allemanda Gardens it is the Housing Partnership) . The role of the outside interest is to: a) provide direction, leadership, and education to the benefit of the members of the Association during/for a minimum period (expected period is five years) ; b) administer the affairs of the Association for the initial five year period with the goal of having the Association operate independently after that time; c) during the time of its involvement, to be responsible and accountable for the appearance, maintenance, and conduct of the development. P&Z Staff Report Conditional Use - Griffin Gate Page 3 The Community Redevelopment Agency (CRA) has formally stated that they will serve this outside interest role on the Association's Board (correspondence has been provided). Other aspects of the concept focus upon design and aesthetics. The concept is to construct an "urban village" . This village type atmosphere will be achieved through the following features: * architectural elevations that vary but which are similar in character to and present a "single family" face to Swinton Avenue, * unified and commonly maintained landscaping along Swinton Avenue, S.E. 4th Street, and 1st Avenue, * entry sidewalks from Swinton Avenue to each unit or common entry area, * picket fencing along Swinton Avenue, * all parking situated off of S.E. 1st Avenue, * privacy walls between buildings. The above features are shown on a mounted, colored sketch plan which will be retained as the submittal exhibit. CON D I T ION A L USE A N A L Y S I S: REQUIRED FINDINGS: 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. ( 1 ) Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The Future Land Use Map designation is Medium Residential. The existing zoning designation is Multiple Family Residential (RM) . The maximum allowable unit count is 15 (12 du/ acre) . The proposed unit count is 10 (7.9 du/ac). The "zero lot line" concept is allowable as a Conditional Use. Thus, the proposal is consistent with both the Future Land Use Map and the existing zoning. '.. . P&Z Staff Report Conditional Use - Griffin Gate Page 4 ( 2 ) 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 is 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. Please refer to the staff report which was prepared for the previous application (dated July 22, 1991) for a thorough discussion of concurrency issues. There are no LOS deficiencies. There are some infrastructure considerations which will need to be addressed further in subsequent submissions. These include: * The handling of drainage given the apparent three foot change in elevation from Swinton Avenue to S.E. 1st Avenue. * The widening of the surface of S.E. 1st Avenue from its substandard condition of 17' to an acceptable condition. The standard is 24 , . * The provision of sidewalks along S.E. 1st Avenue and S.E. 4th Street. A five foot sidewalk is required. ( 3) Consistency: Compliance with performance standards set forth in Chapter 3 shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. LDR Sections 3.3.2 & 3.3.3: There are no specific performance standards in these Sections which pertain to a Conditional Use consideration. However, under the zoning standards and the plat/site plan standards there are standards which are appropriate to consider. These include: 3.3.2(B): This standard provides for accommodation of higher densities when there is a link to the provision of affordable housing. Although the highest allowable density is not being sought, the espoused affordable housing aspects of the proposal and the moderate density promote this standard and its accompanying Housing Element Policy (H C-3.1). .. P&Z Staff Report Conditional Use - Griffin Gate Page 5 3.3.2(0): This standard requires compatibility or the mitigation of potential adverse impacts. The "unified concept" and tie to a site specific plan provide consistency with this standard. 3.3.3(B): This standard pertains to appropriate separation of travelways for pedestrians, vehicles, etc. The proposed separation of pedestrian access (sidewalks to Swinton Avenue) and vehicle access (all off of S.E. 1st Avenue) provide consistency with this standard. 3.3.3(C): This standard deals with appropriate use of open space. It is accommodated in the proposal through the unified, commonly maintained special landscape area along Swinton Avenue and S.E. 4th Street. 3.3.3(0): This standard addresses street widenings and its impact upon residential land use. In this instance, the residential land use in not yet in place. This situation has afforded the opportunity to design parking needs off of S.E. 1st Avenue in a manner where swale parking can be avoided. Also, this standard mitigates against imposition of a full street width (24' ) which may encourage on-street parking (as opposed to using on-site areas). Although not shown on the concept plan, the applicant has discussed the provision of designated on-site parking areas in addition to garage and driveway (tandem) parking. Such on-site parking should be stated as a condition of approval. 3.3.3(E): This standard requires that development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Again, the "village" concept and "internalization" concept expressed in the sketch plan provide for consistency with this standard. 3.3.3(F): Similar to the above standard, this standard continues to provide that vacant land be developed to fulfill remaining land use needs. The stated goal of this project is to provide an "affordable" housing product. Such a need remains in the City despite our public efforts to provide a wide range of housing, especially to families with limitations on income. Other policies of the Comprehensive Plan: A review of other objectives and policies of the adopted Comprehensive Plan, specifically within the Housing Element, we find the following: Objective B-2: For those areas identified as "rehabilitation areas" on the Residential Neiqhborhood Categorization Map, the City shall provide opportunities for new private development, and special social programs all directed toward the stabilization and revitalization of those designated areas. P&Z Staff Report Conditional Use - Griffin Gate Page 6 Policy B-2.3f, Calls for creation of an "Infill Redevelopment Program" which shall provide for: * mixed residential housing types (single family conventional, zero lot line, multi-family housing) within areas designated as "rehabilitation" on the categorization map. * acquisition of land by the City for the purpose of providing either a mixed housing type project or a single family subdivision project through cooperative efforts with the private sector. Such programs shall provide for establishment of a homeowners association, responsibility for maintaining common elements, and assistance in management of the association. The subject property is designated on the Residential Neighborhood Categorization Map as Rehabilitation and Revitalization. The proposal, as described herein, for the creation and operation of Griffin Gate provides a housing program which is specifically described in the Housing Element. The significant difference being that it is proposed to be accommodated privately with some organizational assistance from the CRA. As such, this project furthers Objective B-2 of the Housing Element. ( 4 ) Compliance with Land Development Regulations: Findings required in Section 2.4.5 and elsewhere (e.g. special regulations portions of individual zoning districts, special regulations for specific uses, and Article 4.6) are to be made by the Body taking final action on a development request. LDR Section 2.4.5(E): Required findings under Section 2.4.5(E) must show that granting of the Conditional Use request will not: (a) have a significant detrimental effect upon the stability of the neighborhood within which it will be located; (b) nor that it will hinder development or redevelopment of nearby property. Again, the development concept expressed in the sketch plan provides a unified development which will not have the impacts cited above. This finding is readily apparent given the previous ( 3 . 3) information. "lilt P&Z Staff Report Conditional Use - Griffin Gate Page 7 There are no additional findings which must be made at this time. 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. A cursory review of the accompanying sketch plan has been conducted and the following items may need to be be adjusted for code compliance: 1. The proposed covered trellis over the patios encroach into the side setback. Pursuant to Section 4.3.4(H) (4) (l), Structures allowed in Setbacks: Trellises which may extend to no more than five feet from the side of the principal building or extend more than two feet from the front or rear of the principal building. The end units of the development would require a variance from the Board of Adjustment to encroach into the side setbacks. The setbacks internal to the project may be allowed pursuant to Section 2.4.7(C) (Adjustments). The Site Plan Review and Appearance may grant an internal adjustment. 2. The height of fencing is not noted on the plans. The maximum height of the fence in the front yard shall not exceed 6', side and rear shall not exceed 8'. 3. A public sidewalk is required along S.E. 4th Street and 1st Avenue. 4 . Widening to S.E. 1st Avenue is required due to its substandard (17') width. A determination as to the degree of the widening cannot be made until more specific data which addresses grading, drainage, and the current street section is provided. It is likely that something less than the full 24' section will be required. REVIEW BY OTHERS: At its meeting of November 4, 1991, the CRA reviewed the petition provided their strong endorsement of it and recommended approval of the development. See their attached letter. Notice has been provided to property owners within 500' and Special Notice has been provided to the Old School Square Homeowners Group. As of this writing there have been no responses. "ijl~ · P&Z Staff Report Conditional Use - Griffin Gate Page 8 ASSESSMENT AND CONCLUSIONS: It appears that most of the concerns which lead to denial of the initial submission have now been addressed with the new proposal. The new proposal promotes objectives in the Housing Element of the Comprehensive Plan policies regarding "infill development" and should act as a catalyst to further stabilize this neighborhood. The project proposal, as noted previously, has been arrived at through the efforts of the applicant, the CRA, the agent, and the City's Administration. It is only within this staff report that there is a written (narrative) of the project. It is imperative that all parties acknowledge an understandinq of the project as it is described in this document. Also, as a prerequisite to acting on the application, the Board will need to make a finding of similarity of use with respect accommodating this development style as a conditional use within the RM zone district. A L T ERN A T I V E C 0 U R S E S o F ACT ION : A. Continue with direction. B. Recommend approval with appropriate findings and subject to conditions. C. Deny the application based upon a determination that there is not sufficient mitigation to overcome the previously identified adverse impacts of proceeding with other than a multiple family development project. (This alternative should be pursued if it is felt there is not a firm, agreed upon, understanding and commitment to the project as described within this report. ) R E COM MEN D E D C 0 U R S E o F ACT ION: First, Determination of Similarity of Use: Find that a unified, duplex development which provides for home ownership is similar to "single family detached residences in zero lot line developments" and determine that the duplex development (more than one duplex in a development proposal) is allowed only as a Conditional Use within the RM zone district. Action is by motion. .. · P&Z Staff Report Conditional Use - Griffin Gate Page 9 Second, Ascertaining Understanding of the Project: Through discussion with the agent, applicant, and the CRA enter into the record the acknowledgement of understanding of the project as set forth in the project description and verify that the project encompasses: 1. the written project description contained herein, 2. the sketch plan, colored, mounted rendition, 3. the architectural elevation schematic attached hereto. Third, Consideration of the Conditional Use Request: By motion recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5) for the proposed Griffin Gate residential development; subject to the following conditions: 1. That the site plan submission shall be in substantial compliance with the sketch plan and accompanying illustrative architectural elevations and otherwise be consistent with the project description, as contained within this staff report, with the following modification/change: A. that additional on-site parking be provided off the proposed driveways for each of the units. 2. That the desired method of proceeding with the platting of the project be provided concurrent with the site plan submission. This will accommodate concurrent action by the P&Z Board (preliminary plat) and SPRAB (site plan). 3. That copies of the proposed Howeowners Association documents, specifically that portion dealing with obligations and responsibilities of the "outside interest" be provide with the "concurrent" submission. Attachments: * endorsement letter from the CRA * schematic architectural elevations * sketch plan (not updated to reflect information on the colored, mounted exhibit) JM/#8/GRIFFIN.TXT <~'I. . CD Community Redevelopment -a Agency Defray Beach November 11, 1991 Chairman and Board Members Planning & Zoning Review Board City of Delray Beach 100 N.W, 1st Avenue Delray Beach, FL 33444 RE: Griffin Gate, a lO-unit Zero Lot Line Residential Project Dear Chairman Parker and Members of the Board: The Community Redevelopment Agency of Delray Beach ("CRAil) strongly recommends the approval of Mr. Fred Griffin's project. We applaud Mr. Griffin on the following points. · The project proposes middle income, affordable housing in the $65,000 to $70,000 range, a much needed product in our community. · The product is "for-sale" housing, rather than rental, a strong bias on the CRA's agenda. · The architect, Thaddeus Cohèn AIA, has made a great effort towards quality of design. This is not another concrete block bunker design! · The product utilizes rear lot garage entry and front lot landscaping. On October 3, 1991, the CRA voted unanimously in favor of the project. On November 7, 1991, the CRA voted unanimously to participate in Mr. Griffin's and the City's recommendation to create and establish a Homeowner's Association. The CRA would contribute either a staff member or a director, or both, to sit on the Board of the Homeowner's Association. We appreciate your serious consideration of an important quality product such as this and we look forward to working with you on any/projects in the future. Sincerely, ~C;~ / Kevin Egan, Chairman Christopher J. Brown, Director , ~ F 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640 "~1'4 . .u . ,. -- - -,/ . . . . fI-""- ." . .. · · . , · . . . _:..-- . .~. i ¡ :. · · " ¡. ,,.; ,. --- - - - : I , ... .::. '" ?- ¡ ~ ; (. . .~: . . , ... ¡ ~ , j i ¡ , .. ¡ 1 .. 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I I ... c.~ ~ ~ '" -, i : . . ! . ~f ,. ._,.. ~ ~,' ]I ..7.~o.:. .. ~. - ~ ." _. '. ~ .....to) . .......,. .' . ...... ,r'''''-'.(''' _.~;.~...._.t._fi..t;.-...·':. ~- ....... ~ ..~..... ~ I" ..... ~ J ::. . '..:j~:..'~..~~' ~ . .!,! ,¡o;~. .:::¡, \ ~. . . .... ....' :: "..., ~.._:J. ·.··0 ....-;. !\ " I . \\'*;~:':' . .;-l .. ;-.:). ........ .. l ,. ."::.. . ,: '" :~. . ..~_... .....,. C. -F.' \ -:1'\ """"~~ ..' - ..--... . ... 0 . ._ J I"· Q. '.' . .. . . :1 ~,~ I · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 1 (7t;! FROM: CITY MANAGER ," SUBJECT: AGENDA I TEM :It C\ 1) - MEETING OF NOVEMBER 26, 1991 REQUEST FOR WAIVER OF APPLICATION PROCESSING FEES/GRIFFIN GATE DATE: November 22, 1991 At your October 8th regular meeting, the Commission upheld a Planning and Zoning Board decision denying a preliminary plat request to subdivide a 1.23 acre parcel into six lots for the Griffin Gate subdivision. The denial was based on an incompatibility of land use. At that time the Commission also directed that the $500 fee Mr. Griffin paid for the preliminary plat application be pro-rated against his next application. Subsequently, Mr. Griffin has requested that the application fees for site plan and final plat approval be waived. The fees associated with this project total $2,600 (includes $150 for variance hearing, if needed). As recommended in the conditional use approval, a "combined" site plan and preliminary plat submission is being sought. That action reduces the total fee by $500. Also, the fee schedule allows for a single fee of $1,000 when a combined preliminary and final plat is filed. Therefore, the actual fees assessed would total $1,600 ( includes the $150 for variances, if necessary) . It is not known, at this time, if Mr. Griffin will be seeking waiver of any Building Permit Fees and/or in-lieu of parking fees; or if he will be seeking off-setting contributions for water/sewer and other impact type fees. While fees have been waived for bona-fide affordable housing programs such as Auburn Trace and Allamanda Gardens, documentation to support this project as an "affordable housing" program have not been provided. While staff has suggested that the fees only be waived if there are enforceable requirements regarding maximum income limitation, I feel that given our tight budget, we cannot afford to grant waivers such as this. Additionally, it would also be setting a very bad precedent to do so. A detailed staff report is attached as background material for this item. Recommend denial of the request for waiver of the land use application processing fees for Griffin Gate. 1\E1>UE~+ dEOìßD Lj-o uoTE, , , ''\ , (7 L'ì C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ ,.~ .~,,~ ~~ ~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 REQUEST FOR WAIVER OF PROCESSING FEES - GRIFFIN GATE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of WAIVER of all land use processing fees associated with the continued processing of the Griffin Gate Zero Lot Line Development. BACKGROUND: Conditional Use consideration for the Griffin Gate Zero Lot Line Development is the previous item on this agenda. At the time the initial preliminary plat was denied (10/8/91), the City Commission directed that a new fee for a revised application be waived. The fees to be associated with this project are as follows: * Conditional Use Application $ 450 * Site Plan Review $ 500 * Preliminary Plat $ 500 * Final Plat $ 1,000 * Variance hearing, if needed $ 150 ------- ------- $ 2,450 + 150 As recommended in the conditional use approval, a "combined" site plan and preliminary plat submission is sought. Also, the schedule allows a single fee ($1,000) when a combined preliminary and final plat is filed. "" City Commission Documentation Request for Waiver of Processing Fees Griffin Gate Page 2 Given the previous action of the City Commission and the special processing being afforded to this project, the assessed fees would be as follows: * Conditional Use Application $ 450 * Site Plan / Preliminary Plat $ 500 * Final Plat $ 1,000 ------- ------- $ 1,950 + 150 less credit - 500 ------- ------- Yet to be assessed $ 1,450 REQUESTED RELIEF: Mr. Griffin is seeking the waiver of all land use processing fees. See his letter of October 25th, copy attached. It is not known, at this time, if he will be seeking waiver of any Building Permit Fees and/or in-lieu Park Fees; or if he will be seeking offsetting contributions for water/sewer and other impact type of fees. ASSESSMENT: While fees have been waived for bona-fide affordable housing programs such as Auburn Trace and Allemanda Gardens, the type of agreements which insured affordable housing are not a part of the Griffin Gate proposal. Also, while it is intended that the Griffin Gate request be directed to a specific market, there is no information in the project narrative nor the waiver request letter which restricts potential purchasers from qualifying under any maximum income standards. It is suggested that fees only be waived if there are enforceable requirements regarding maximum income limitations; and further that if these fees are waived, the Commission seek a formal policy as to what fees will be waived and under what circumstances they will be waived. RECOMMENDED ACTION: Commission discretion Attachment: * Request letter of October 25, 1991 REF/CCGATEFE.TXT "'Iii Dr. Alperin moved to grant a six-month extension, as presented, \ with the two conditions recommended by the Planning Director, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.C. Appeal of Planning and Zoning Board Decision. The Commission is to consider a request for appeal of a Planning and Zoning Board decision denying a preliminary plat request to subdivide Block 1, Lots 1 and 2, Swinton Oaks (Griffin Gate), into six individual lots. Mr. Kovacs stated a concept plan was presented to the CRA that would change the plat to a ten lot subdivision. He further stated the Commission has three options; one is to deny the appeal for the six lot subdivision, secondly, the appeal to waive the processing fee can be denied and third, the revised submission can be accepted, thereby keeping the initial application active. Mayor Lynch stated it is his understanding that this was originally to be a rental complex and it was the recommendation of the P&Z Board that it be an owner-occupied project. Mr. Kovacs stated the finding of the P&Z Board was that a single family or duplex development was not an appropriate land use being located next to a multi-family project to the south, a drug abuse foundation to the west and a commer- cial/industrial project to the east. Fred Griffin, applicant, stated that everything that has been done meets or exceeds the City requirements and he would like an oppor- tunity to comment after the CRA explains the concept plan. Mayor Lynch questioned why the Commission is reviewing this concept plan and being asked to make a determination before the p&Z Board has had an opportunity to look at it. Mr. Kovacs responded that the basis of the denial by the p&Z Board was the inappropriateness of single family or duplex development on individual lots. Should the Commission be inclined to say that such a land use is appropriate, and that the concerns of landscaping and design are appropriate, the appeal can be denied and the applicant allowed to commence; or the plan can be remanded to the P&Z Board. The City Attorney stated it is his understanding that the proposed submittal is not a change in the land use, and questioned, should the p&Z Board be approached showing mitigations in the form of landscaping, and the P&Z Board accepted the change, would the Commission be supportive of that. Upon discussion, the City Attorney advised the Commission that the Code of Ordinances does not allow the City to mandate owner-occupied duplexes as opposed to tenant-occupied properties. ... Chris Brown, Director of Community Redevelopment Agency, stated he and Mr. Griffin met to discuss this affordable housing and the CRA is in favor of the plan they have submitted and are willing to compromise. -6- 10/08/91 - - - .. 1tfM. '7eeá qel//iJl (!¡,Jl4tellCti(JJI, 9J1c. 1050 S. FEDERAL HWY. #130 DELRAY BEACH, FLORIDA 33483 (407) 272·3352 October 25, 1991 TO WHOM IT MAY CONCERN: Attached is an application for "Conditional Use" approval, as agreed by the City Commissioner. No fee is attached as it was waived. Further, we request that other fees be waived for site plan and final plat approval requests. xc: file enclosure FLG:jg CENTER FOR AFFORDABLE HOUSING M.E. RINKER, SR. SCHOOL OF BUILDING CONSTRUCTION UNIVERSITY OF FLORIDA <?~ ~":1 '.~'\ \\ .... .,.., ",', ~ \. \ \- \.. REPORT FROM THE DIRECTOR /-. . ~ ~""'rJ ,,,,-,,:,. - < '\.. :::'''- ~. ,'-. . ..~~ ~,., d ' .. - .~, . ,,\ " . \........ "j Center for Affordable Housing ) r University of Florida, FAC-I03 . .~, . .. Gainesville, Florida 32611 .~ .. ~ Telephone: 904-392-5965 " ---It, (..... SUNCOM: 622-5965 \'"' FAX: 904-392-4364 Volume II, Number 6 October 15, 1991 IMPACT FEES AND AFFORDABLE HOUSING The Florida Advisory Council on Intergovernmental Relations (ACIR) completed its fourth study of impact fees in Florida and issued its final report in September 1991. As noted in the preface to the report, the study was undertaken because of the continuing debate about impact fee authorizatio~ and administration. The focal point of the debate is whether impact fees should be detemúned by local government home-rule powers, as interpreted by litigation, or whether the structure and requirements of impact fees should be codified through the enactment of general law. In Section 5 of the ACIR report it is stated that there is no Florida Statute that comprehensively governs impact fees. There are, however, several Chapters in the Statutes that reference or make provision for impact fees: 163, 235, 341, 366, 380, 403, and 420. The citation in Section 420.604, F.S., is part of the Florida Affordable Housing Act of 1986 ~ (as amended) and encourages local governments to reduce impact fees for housing restricted to very-low-income, low-income, and moderate-income occupants. Of particular interest to the Center for Affordable Housing were the ACIR results reìateà to aÎÎordable housing provisions. It was found that six c~untie£ and t~n t:'ities reported some form of low-income or "affordable" housing provision in their impact fee. The most commonly cited provisions were payment of the fees by the city or county on behalf of the development or fee waiver. Although small in number, the number of jurisdictions interested in making special provisions for low-income housing is increasing. The impetus for this interest is a result of many factors. Probably strongest among these incentives is the Cranston-Gonzalez National Affordable Housing Act of 1990. According to the Act, in order to receive federal housing assistance local governments must identify land-use regulations that pose barriers to the production of affordable housing. Once identified, appropriate remedial action must be implemented. -==tc:Ac' C~ l "...~o .î5J'K' \ \ ( 2 l AMERICA'S FIRST SCHOOL OF CONSTRUCTION EDUCA nON FAC 101, UNIVERSITY OF FLORIDA, GAINESVILLE, FL . 32611·2032 . 904/392-5965 · SUDcom 622-5965 . FAX 904/392-7266 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Impact fees are one of the land-use regulations that are prime candidates for . remedial action relative to affordable housing production. Presented below is a brief discussion of some of the legal and policy issues that must be addressed when considering impact fee relief for low-income housing. , Exemption Issues An article appearing in the August 1991 issue of Urban Land authored by S. Mark White presents an easy-to-understand discussion of the legal and policy issues that must be addressed when considering impact fee relief for low- and moderate-income housing. The article points out that the legality of well drafted impact fee exemptions is beyond question. Jurisdictions with impact fees and a lack of affordable housing should consider tailoring impact fee exemptions as a means of creating a market incentive for affordable housing production. Legal.Issues The Urban Land article poînts out tnat the most cuIDInòn objection to inipact fee exemptions is based on unconstitutional discrimination. Therefore, an exemption must be carefully structured to satisfy equal protection standards and proportionality standards imposed by federal and state constitutions. With respect to equal protection, courts will defer to a local government's regulatory classifications under the rational basis test. However, if the classification adversely affects either a class of people specifically , protected under the law (Le., a suspect class) or a fundamental right, the courts will not defer. Since developers are not a suspect class and since real estate development is not a fundamental right, the courts commonly apply the rational basis standard of review to affordable housing exemptions. Under the rational basis standard, the judicial inquiry focuses on the classification's rational relationship to a legitimate purpose. And the U.S. Supreme Court has said that the promotion of affordable housing is a legitimate public purpose. Further, the Court says that the elimination or reduction of impact fees is causally related to the production of affordable housing. This causal relationship stems from the fact that eliminating or reducing impact fees enhances the financial feasibility of the housing and creates an incentive for potential producers. The proportionality issue is addressed by many state courts throueh the app1ication of a need-to-benefit proportionality standard to determine if the iIÍ1pact fee8 have been calculated and assessed validly. This standard generally is referred to as the rational nexus test. The test requires that the amount of an impact fee must be related to the marginal public facility costs necessitated by a new development and that the development derive adequate benefit from the public facilities funded by the fee. Exemption from the impact fee in itself does not violate the standard. One of the key considerations of the rational nexus test is that the reduction in revenue created by the exemption is not passed on to market-rate developments in the form of increased impact fees. 2 "" When the facility funded by the fees is open to public use, such as a road or park, the issue of incidental benefits may be a consideration. The courts in some states require an exclusive or unique benefit from impact fees. In such a situation a fee adjustment should be considered to reflect the degree to which developments exempted from the fee benefit from the new facilities or services. Finally, the Urban Land article discusses the legal issue of the impact fee being interpreted as a tax. If the fee is based on sales price or rent structure, it can be argued that the fee is really an ad valorem tax. If the impact fee is classified as a property tax, courts generally will invalidate exemptions as unauthorized or in violation of state constitutional requirements for uniform assessments. The counter argument, however, centers on the fact that the basis for the exemption or reduction is to promote production of affordable housing regardless of the assessed property value. Further, a higher-density affordable residential development çould carry a higher assessed valuation than lower- density market-rate h~use:;. The lo;\'er-assessed-value market-rate houses would remain subject to the fee while the higher-valued affordable housing development would receive a reduction or exemption. -The conclusion is that such a fee is not related to property value as is a property tax. Policy Issues An important policy issue for local governments is that of targeting the beneficiaries of impact fee exemption. Rather than creating a blanket exemption for affordable housing, the local government should determine the socio-economic characteristics of those who are in need of the below-market-rate housing as well as the characteristics of the existing housing inventory. This targeting generally is part of the process for preparing the housing element of a comprehensive plan. It is through developing an understanding of the actual market conditions that the local government can develop appropriate housing production incentives. Having identified the beneficiaries, the appropriate exemption must be drafted carefully. The general practice is to define affordability for housing in terms of the incomes ~ of the beneficiaries. Florida has adopted the federal definition of affordable in which the mortgage or rent, plus utility costs, do not exceed thirty percent of the occupant's income. Florida has also adopted definitions for occupant income categories based on the median income of the area: incomes at or below 50 percent of the area median are "very low"; incomes from 50 to -80 percent of the median are "low"; and incomes irom 80 to 120 percent of the median are "moderate." The proportion of housing in a given development that qualifies as affordable to one or more of these lower income categories generally is included in the exemption wording. For example, the federal low-income housing tax credit program defines a qualified low-income housing project as one in which at least 20 percent of the units are rented to persons earning no more than 50 percent of the area median income and the rents charged are no more than 30 percent of the occupant's incomes. - When drafting the exemption, the local government may want to restrict the future sale and occupancy of the exempt dwellings as a condition of receiving the exemption. The it objective of these restrictions is to preserve the exempted units afford ability and to avoid possible windfall profits to landowners. The most common approach is to provide for deed 3 ",.. restrictions either that limit equity appreciation of future property sale or that rental units are rented only to lower income persons. Recommended Reading Well-drafted impact fee exemptions can be an important element in creating a market incentive for the production of affordable housing. For additional more detailed discussions of both impact fees and impact fee exemptions, please refer to the following publications: * S. Mark White. Development fees and exemptions for affordable housing: tailoring regulations to achieve multiple public objectives. Florida State University Journal of Land Use & Environmental Law. 6(1): 25-52. 1990. * James C. Nicholas. The Calculation of Proportionate-share Impact Fees. American Planning Association, Chicago, illinois. Planning Advisory Service Rt:pÚlt No. 408. ... ""3n ""0 . þ .1:7 o. JO pag...s. * Staff report. Impact Fee Use in Florida: An Update. Florida Advisory Council on Intergovernmental Relations. Tallahassee, FL. July 1989. 63 pages. ~J(lL_ Robert C. Stroh, Ph.D. Director Center for Affordable Housing This document was produced and distributed at a cost of $194.60 (13.0 cents per copy), plus postage, for the purpose of facilitating the production of affordable housing in Florida. 4 '.. MEMORANÇJIM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /t11 SUBJECT: AGENDA ITEM :It '\ e - MEETING OF NOVEMBER 26, 1991 REQUEST FOR WAIVER OF APPLICATION PROCESSING FEES/ BUCHBINDER DATE: November 22, 1991 We have received a request for waiver of the rezoning petition application fee from Mr. Buchbinder in conjunction with his proposal to demolish an existing office structure located on the southeast corner of S.E. 2nd Street and S.E. 3rd Street and construct a new medical office/residence structure. Preliminary discussion with Mr. Buchbinder and his agent indicated that the existing 750 square foot office will be demolished and replaced with a 1,500 to 2,000 square foot structure. A residence may also be part of the redevelopment. As it presently exists, the office use is nonconforming. The Future Land Map classifies the property as "Redevelopment Area" . Thus, a rezoning petition can be processed and considered on its own merit. The fees which apply to this project include: -Rezoning from ROO (Medium Density Residential) $ 900 -Site Plan 500 -Variance hearing, if needed 150 -Replat, if needed 300 While the request, specifically addressed the rezoning petition application fee, based upon the rationale, staff expects that an application to waive the other processing fees will be forthcoming. Pursuant to Section 2.4.3 (L)(7)(b) of the Land Development Regulations, the Commission may waive application and permit fees for good and substantial cause. It appears Mr. Buchbinder's justification is that he has been a tax payer for 13 years. It is staff's opinion that a basis has not been provided which supports the waiver request. I feel that given our tight budget, we cannot afford to grant waivers such as this and that it would be setting a very bad precedent to do so. Recommend denial of the request for waiver of the rezoning petition application fee from Mr. Buchbinder. o Sf) ,8) Ll-o ¡ 1/ L, ' /7 t~J . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER 0~ ~~~~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 REQUEST FOR WAIVER OF LAND USE PROCESSING FEES, BUCHBINDER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of waiver of fees associated with a proposed submission. The project is demolition of an existing structure (office) and replacement with a new medical office structure with possibly a residence. It is located at the southeast corner of S.E. 2nd Street and S.E. 3rd Avenue. Pursuant to LDR Section 2.4.3(L)(7)(b), the City Commission may waive application and permit fees for good and substantial cause. BACKGROUND: Attached is the request letter. The basis for the request is the fact that he has been a taxpayer for 13 years. The fees which will apply includes: * Rezoning (RM to CBD or other appropriate district) $ 900 * Site Plan $ 500 * Variance hearing, as needed $ 150 * Replat, if needed (not likely) $ 300 While the letter seeks only a waiver of the rezoning fee, based upon the rationale, I would expect that other processing fees will be requested to be waived. Preliminary discussion with Mr. Buchbinder and his agent (architect) indicate that the existing 750 sq. ft. office will be demolished and replaced with a 1,500 to 2,000 sq. ft. structure. A residence may be a part of the redevelopment. 'Pt · City Commission Documetation Request for Waiver of Land Use Processing Fees, Buchbinder Page 2 At present, the existing office use is nonconforming (nonconformity was created in October, 1991, when office uses where deleted from the Residential Zone Districts). The Future Land Use Map classifies the property as "Redevelopment Area" . Thus, a rezoning petition can be processed and considered on its own merits. One of the aspects of the rezoning analysis will be to examine how the redevelopment of this property would relate to the redevelopment strategy being developed for Osceloa Park. RECOMMENDED ACTION: The basis upon which a waiver is to be granted is that of "good and sufficient cause". Such a basis has not been provided; thus, the Director recommends that the request be denied. Attachment: * Request letter of October 31, 1991 DJK/#89/CCBUCH.TXT ~-~--- ----~ .,~ '" "l -----.------. / ¡J/$- -ø(!.Tß 4 .j . -, . ' ,( ì \ ?p~ I / -+{J-.' _ l h~ ~ I{ 1;-, _. L0 t .., iJ .. l'.".. V ¡.-,. _ No/¡ I:] 1i 1: CIT~ . 1991 f'l/fJ,!VAG - tR's OFFICE. October 31, 1991 Dear Mr. Hardenl I am writing ~or a waiver o~ my re-zoning ~ee, based on 13 years as a taxpayer. I am redeveloping my property in a designated re- development area. It will probably be appraised at $200,00.00 and will be taxed accordingly. Sincerely, !Jel)~:ihUC DR. M. H. BUCHBINDER MHB/oj 302 S.E. 2ND ST. DELRAY BEACH, FLA. 33444 'I'i . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 1 "",L, FROM: CITY MANAGER~,1 SUBJECT: AGENDA ITEM :It - MEETING OF NOVEMBER 26 1991 FINAL REPORT/CA VER TASK FORCE DATE: November 22, 1991 This item is before you to receive and provide direction on the Final Report and Recommendations of the Carver Middle School Task Force. A summary of those recommendations are as follows: -Maintain a community focussed, adult educational and vocational component that would be available both during the day and evening. -Provide viable, structured recreational programs for all ages. -Create a Police substation within the facility. -Develop and implement a comprehensive social service component to be housed within the facility. -Develop a public/private partnership that would encourage the development of job training opportunities. Attached as backup material for this item is a summary of the meeting discussions and the final recommendations of the Task Force. This report was reviewed by the Education Board at its regular meeting of November 18th. The Board endorses the report, its conclusions, and supports all recommendations proposed. Recommend the Final Report/Recommendations of the Carver Middle School Task Force be received and that the Commission provide direction. mo..h'on 10 'R~ìùE... fhE, f£po~ J +OC¡E.-+hœ. LÙ I Ru..fhoei 2A.f1on +0 s+R f? -b S€nD thE.. 'Rtpoe+ to thE. Sc.J1oo I &Ae.D w¡,fh A ~LL~+ foe.. A- m~-HOj -lo diseu..ss SAm£; w i+h. .(~..e:+óœ J d i ezc.,kon -\-0 .s+A f.? to f n eoepo eA-h=... +hE... fE~;:.;+ £/EmEnIs ìnfu ins Camp PI t:}n <:f- eAp i ffi l b u.dc,E. +1 0'1 p~s. PFtSStD 6-0 . . . Agenda I tem No.: AGENDA REQUEST Date: 11/20/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 11/26/91 Descri~tion of a~enda item (who, what, where, how much): Fina Report and ecommendations of the Carver MIddle School Task Force ORDINANCE/ RESOLUTION REQUIRED: YES§ Draft Attached: YES/NO Recommendation: Acceptance and Approval Department Head Signature: ~~ ~fZ--~, 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: ~ ·1 Approved for agenda: ~$/ NO {¡J; Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN, CITY MANAGER rIP FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT' RE: CITY COMMISSION ACCEPTANCE AND APPROVAL OF THEFINAL REPORT AND RECOMMENDATION FROM THE CARVER MIDDLE SCHOOL TASK FORCE - - DATE: NOVEMBER 19, 1991 ITEM BEFORE THE COMMISSION: - - Acceptance and approval of the Final Report and Recommendations from the Carver Middle School Task Force. Direction to staff on forwarding recommendations to the Palm Beach County School Board. BACKGROUND: The Carver Middle School Task Force appointed by the City Commission to determine and recommend for their consideration the best re-use options for the Carver site, pending the relocation of the middle school, has concluded its work. The attached report represents a summary of the meeting discussions and the final recommendations. This report was reviewed by the Education Board at its regular meeting of November 18 tho The Board endorses the report and its conclusions and supports all recommenqations proposed. The Board applauded the Task Force on the efforts put forth and recommend acceptance and approval by the City Commission. RECOMMENDATION: We recommend City Commission approval and acceptance of the Final Report and Recommendations as submitted by the Carver Middle School Task Force and that direction be given regarding the formal submission of this report to the Palm Beach County School Board. LB:DQ Attachment C:Carver.CC/LB CARVER MIDDLE SCHOOL TASK FORCE FINAL REPORT/RECOMMENDATION NOVEMBER l4, 1991 The Carver Middle School Task Force was established by the City Commission in March, 1991 with twenty-one (21) persons representing various Commission advisory boards, citizens at large and staff appointed in April and May. The purpose of the Task Force was to determine and recommend to the City Commission the best use for the existing Carver Middle School buildings and site once the new middle school is built at West Atlantic Avenue and Barwick Road. The Task Force held its organizational meeting pursuant to City Commission direction on May 13, 1991. Superintendent of Schools, Tom Mills, was the guest speaker at the first meeting. He addressed the School Board's perspective of the re-use of the Carver Middle School facility. His comments included the fact that the Board and staff shared the Ci ty's concern to formulate a plan for the re-use of the school prior to the new school coming on line, and to have the new use clearly defined so that implementation would occur simultaneously with the moving of the middle school. His presentation included uses he and his staff supported. The Task Force had several meetings that included a tour of the existing facility, the guest speakers from various social service agencies and members of the school board staff who discussed programs directed at addressing special needs of both children and adults. Mr. Paul Houlihan, principal of Carver Middle School, presented his view on the re-use of this site. The Task Force then held two (2) meetings that were considered "brainstorming" sessions where all options and types of programs and services deemed appropriate were discussed and/or considered. This list of items were categorized, reviewed and revised at another meeting. This report represents the consensus position of the Task Force and will serve as the final report of their meetings and the formal recommendation to the City Commission on their plan for the re-use of the Carver Middle School buildings and site. Carver Middle School Task Force Final Report/Recommendation November 14, 1991 Page 2 The Carver Middle School Task Force has determined that there is a need within the City for a Comprehensive Community-based and Community-focused approach to providing adult education and vocation training opportunities as well as a comprehensive social service outreach program. There is a need for a full scale recreation facility in the southwest section similar to Pompey Park in the northwest section of the City. Therefore, the Task Force is recommending that the City Commission consider our recommendation to have the Palm Beach County School Board develop a plan to implement specific programs within the existing Carver Middle School site as identified below: RECOMMENDATION: 1. The Task Force has determined that it is very important to maintain a community-focused, educational and vocational components that would be available both during the day and evening for adults electing to improve their education and skills for better job opportunities at the Carver Middle School site. Programs offered should be sponsored and funded by the School Board, some of which are already in place. Therefore, the Task Force would recommend the following programs be planned and implemented by 1993 at the Middle School facility: - Pre-school, kindergarten programs -- implementation could begin during the 1992 school year utilizing existing vacant space, enhancing the program as more space becomes available. - Adult education and community education programs offering a variety of educational and vocational training opportuni ties. Such programs should include the opportunity for one to earn a GED and other types of certifications. - Satellite location for South Tech Vocation programs that would incorporate programs utilizing home economics and shop facilities. - English for speakers of other languages -- program to be expanded and enhanced based on the needs of the community. - Day Care programs in support of Adult Education and vocation programs. Service should be offered during the day ·and evening to encourage attendance. - South County School Board satellite office space. Consideration should also be given to provide administrative staff in support of programs implemented. - Community Library Facility Carver Middle School Task Force Final Report/Recommendation November 14, 1991 Page 3 In addition, the Task Force recommended that the School Board continue to offer the following: - Use Agreements with churches and organizations for meeting rooms. - Space for Community Interest Workshops and Events which may be sponsored by community organizations, City or the School Board. 2. The Task Force has determined that there is a need within the southwest area to provide viable, structured recreational programs for all ages. Therefore, we recommend that a full scale recreation facility, similar to the Pompey Park facility, be incorporated within the Carver Middle school site. The facility should include but not necessarily be limited to, the construction of a public swimming pool, baseball and softball fields, tennis and racquet ball courts and outside basketball courts. The inclusion of the Catherine Strong facility should be a part of the overall plan in developing a comprehensive recreation program. City-sponsored recreation program should include space and programming for the following: - Kids IN Cops Program - special activities and programs sponsored by this group. - Afterschoo1 and Summer Recreation programs -- current programs could be enhanced and expanded to include additional age groups not currently serviced. In addition, the Task Force would recommend that the City consider implementing the following via an agreement with the School Board: - Creating a Police Substation within the facility. 3. The Task Force is recommending the development and implementation of a comprehensive social service component housed within the Carver Middle School facility. Programs offered under this component should be directed at the disadvantaged child and families, including the senior citizen, children in the "at risk" category and special needs normally identified and associated with low-income families. Therefore, the Task Force is recommending that the following components of the following programs be planned and implemented by 1993 at the Carver Middle School site: · Carver Middle School Task Force Final Report/Recommendation November 14, 1991 Page 4 - Satellite facility for the Mae Volen Senior Center, servicing customers in Delray and Boynton or similar services offered and sponsored by another agency. Service should include daily activities and meals. - Administration and training components of the Private Industry Council (PIC) which is a private, non-profit organization that provides eligible Palm Beach County residents with free job training, job placement assistance and supportive services. The agency has determined that there is a strong need to provide a South County service location. - Social Service component to include programs and services for child care resources, counseling, volunteer outreach programs, health education, teenage parenting, etc. - Appropriate space allocated within the facility sufficient enough to house an expanded Headstart Program currently managed and operated by the County at the Catherine Strong facility. 4. The Task Force would recommend that a public/private partnership be created to encourage the development of job training opportunities that would provide for immediate job placement after the development of specific job skills. A partnership could be created between the Private Industry Council (PIC) and IBM, Motorola, local printing companies, etc., or the School Board. Such could be funded and operated from the private sector and be a component part of the facility. CTF Final.CTF Revised 11/15/91 '1"1 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {f!'J SUBJECT: AGENDA I TEM :It c¡ , - MEETING OF NOVEMBER 26, 1991 REQUEST FOR FUNDING/OLD SCHOOL SQUARE, INC. DATE: November 22, 1991 We have received a request for funding from Old School Square, Inc. in the amount of $435,000 to complete the renovation of the theater complex. The basic scope of improvements proposed for this phase includes the renovation of the theather, stage area, first floor lobby, roof, second floor lobby area, and the electrical and mechanical systems for these areas. Also included in this phase is the purchase and installation of theater lighting, rigging and sound system; and architect and design fees for construction administration. This phase of work will not complete the interior of the 1926 Building. Additional work will be needed to complete access to the second floor and the other rooms in the building. The estimated cost to complete the additional work is $850,000 which Old School Square intends to raise from their private funding campaign. The cost of phase II renovations have been negotiated from $1,276,300 to $1,000,000. Included in this reduction are items which will need to be completèd; however, Old School Square intends to fund these items through private donation. Funding in the amount of $963,000 is available for this project. If this request is approved, it is anticipated that the funding would come from the proceeds of the Utility Tax Bond refunding. Recommend consideration of a request from Old School Square for funding in the amount of $435,000 to complete the renovation of the theater complex. LL(\ An i mous CoosËnsu.6 : S ffi f~ -b WO~~ wi-#) O-SS ßoAeù +0 ~ì5 ~ ou...~ A- mE..:}ns -to -fi () ~ ()Cf.. . ) -tf¿Lf +0 9S+ -+hE. p~ìc¿, d.ow n (possibl~ b ì D ou..5:f-) . Jh~ p gCu' EtL-c4- hfts -+0 30 ) 6uSJ.., wh£.es is '+hE f\ìon8-{ 90 \'OJ 40 c.o mE. .fe.o m . .. i:J~~ [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: (lJ!:fRobert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Agenda Item # City Commission Meeting 11/26/91 Funding Request/Old School Square DATE: November 21, 1991 ACTION City Commission is requested to approve a funding request from Old School Square in the amount of $435,000 to complete the renovation of the theater complex. If approved, funding would come from the refinancing of the Utility Tax Bonds which will be on the December 3, 1991, regular meeting for action. BACKGROUND The basic scope of renovation for this phase includes renovation of the theater, stage area, first floor lobby, roof, second floor lobby area, and the electrical and mechanical systems for these areas. Also included in this phase is the purchase and installation of theater lighting and rigging, the theater sound system, and architect and design fees for construction administration. Details of the scope of work are attached. This phase of work will not complete the interior of the 1926 Building. Additional work will be needed to complete access to the second floor and the other rooms in the building. The estimated cost to complete the additional work is $850,000 which Old School Square intends to raise from their private funding campaign. Old School Square has reviewed the construction bids with the low bidder for the entire phase II project, Stinson Head and their architect. Through negotiations and value engineering, the construction price has been reduced from $1,276,300 to $1,000,000. Included in this reduction are items that will need to be completed but are items Old School Square intends to try to fund from private donations. THE EFFORT ALWAYS MATTERS 'I'~ · OLD SCHOOL SQUARE FUNDING REQUEST 11/26/91 COMMISSION MEETING The entire cost for this phase of work is $1,398,000. Funding available for this project is $963,000. The difference of $435,000 is being requested. Attached as backup are copies of a letter from Frances Bourque, details on the construction cost reduction, project cost summary (budget)) funding analysis, and a list with costs of items needed for this phase that Old School Square proposes to fund through private donations. Request consideration of this funding request. The Old School Square Executive Committee met on November 21, 1991 and voted to approve this request to City Commission. RAB:kwg Attachments .. Novembet- 21,1991 HonOr-at!le ,.. . L"yncr-J and City Commissioners i nc!mas 1 (j(; N. ¡"'J. 1st A"'/erJLie Delra):" Beach~ FL 33444 OlD He; FLlrid irig Hequests/ Construction Renovation SCHOOl L~eai t1a·.../or and Cib! Commissioners~ this last at budget H~· 'YOLt rnay recal..i , summet- rev .1e~., -SOUAR(- Old ~c r=oo 1 ~qL{are , Inc. requested funding to aSslst LtS In completing constrLlction and renovation of tr-,e theatre and , . '-- areas In the 1 ~?'26 = - ~ .. We ~.oJere asking for funding lODuy DLLllolng. . d . ' par-t of del iCleratior; r-eallocating BOARD OF DIRECTORS con:::-l et-a1:..1.OÏi as your on the 198:7 Utility Ta::,; Bond Funds. At that +' we ~Jere _lme Frances F. Bourque dit-ected to comple1:.e the r' ~ l=:-t Avenue Far-king project from "4 :IE t::. . Chairman the Decade OT E}~ce 11 ence Bond fund, to obtain bids on the Alan Armour theatre rer'C!-",la tion project and to to Cammi ssior; Vice President C Oïr:e oac¡.-:, Billie Linville \,-j i t h our funding t-equest v-Jhen 1:.ne bids \f-.Jere In. Secretary L.ije r-iaVe n{)\.£J 1 . . the bid negotiating pr-ocess ~'JÌ t h Alexander Simon comp~e1:.eo :::Jl:lr;sor: Head 01i!-- F:hase I I Contractor for the construction Treasurer ~..: Timothy Almy ;'~..iork ar.,ri r;a\lE recei \fed pricirlg for otr-:er element:::, 01' the Ronald Backer or-oiect r-eganjing theatre lighting and rigging, theatre sOLtrld Robert Chapin system and constrLlction d ' '. t· design,., a ffilrilSL.ra lon Philip Crangi Nancy Earnhart L.1Je nave negotiated tr,E' ~ 1 - cost tc: Heather Frazer COnS1:.rLtc't:..l.On $1 :¡ ()(H) " (H)C~.. (H) '" The original b;M '...."as $1 =- 276 , 3(H) . (H) '" In Joe Gillie ~~ Patricia Jones negotiat.ing the contract ~!rlce eight elements at a value of o. Debby Little $69, 2(j() .. (}(j ha-"./e been rE"fTlo\.Jed bLtt vJÌ 1 1 ultimat.ely need t.o be Larry Parker cOfnpleteò to: OLiF" .Intent. 1S tc! ral ::;"e TLtnds Tr"-"iTz private sources DEVELOPMENT to COmplE"L2 these ltems. A detailed budget/bid summary, a 12.s1:: o"t .L ' 't- removed f ¡--om the construction contract tor- COUNCIL TRUSTEES Lne l_ems \....Jhicr-f DF·ivate TLtriding ~'Ji I 1 be needed~ TLtrld ·1 b· 1 . , a ava1. a 1 l"LY Marshall Dewitt ar~alysl~::: and details or; con1:.rac-c. negotiations are attached. Katharine Dickenson George Elmore The total co:::.t for tl-,i=:. phase C!T ¡"J 0 r- k 15 $1,398, (;(}~). ~)(j E. Monroe Farber Charles Hardiman and OL~r i;l'\,/ailable funding ~s $963, ()(j().. (j(j = Old School Jim McDaniel ;:;quar-e, Inc. lS requesting that the City consider- funding the Tom McMurrian difference nf $435, (>(i(j,. C·C> a~t part Df \/C:Lt t- Dona r-efinancing Jim Nowlin pt-ogralT: =' Buck Passmore Ernie Simon This phase of ' , . ~"\!i 11 not total 1 y Michael Tiernan COnSì:.rL\C"C.l.On, howevet- , Bill Wallace complete the renovation OT 1:.ne 1926 DL\ìlding and I ~·lOU 1 d be Frank Wheat r-emlSS 11" I didn"'t let you knoN 1:.n.ls. ~"'Je will still need to complete handicap acce~·s to the second floor In order to use t.he theatre balcony. To aCCOffiffiooa-r:e access to the completed Gloria Rejune Adams balcor:y will r-eoLii re . t· $7=:, ï)(;(j. (i(j which is for- appro}~.1.ma el"Y Acting Director the ele""./ator and the T.1.re e>:l t as reqLiired D'\.F code. ¡'Je hope T tü raise these TLtnds t!efof-e actual 1 y opening the theatr-e al thOLtoh not being able to LtSe t ¡-~e ba 1 con~./ at this time v-Ji 11 Old School Square, Inc. ~ 51 North Swinton Avenue Delray Beach, Florida 33444 \407) 243·7922 .. r~c::L. L;r-e;..¿zen L OL~r openlng the theatr-e. The e~. t J_ ilia ted cost "LO COffiDle'Lt? the balance 01" the vIork 1S approx imatel-y $85() ~ ()(j{) '" (}() '= In1S \....¡ork_ :'!' t...¡hich lS trfe COmple"Le reno"/atior¡ of the c~tr"¡E?r rooms, C 1.. assroc=IT'¡s and I - - 1 1- 't-J.1.ng vli 11 be aOffiln.l.S1:at:.lon , , the funding It ç:!naseo :Ln T Lt ·i:L~ r~e as oecomes 2vallaOlE... 1S our ir; ter~ t -co r-3.1..se money to complete this phase T r-Ofrl prì-~./ate funding SC!L; rc es and ~ .. - , . ... grar1t fLtnå=- 1:.ha"L bee orne aOO1.1:.lc!rJal ma-/ a-",¡ailaf.Jle: !:tip at L!10 ~, , ~qL{afe at-e dedicated T_CI complet1ng all ~c nc!o 1 , . OT the ~:Jrc~j ec t -3r...l¡¡rl;r-.n the e>~Lerlor the site at el.efnenT.S -'-"........ .........................,.'=f OT ffilf11mUm pLiO 1 lC £::)....:r;:,¡::¡!ïcc:¡, 1"C may take 1 c~nger , bLJt ~'le hiÌll ~"¡-.~"~~ . S1:.rlVe to cc~mDlete the el eIT;ents reIT"idlf1.1.ng ~AJì th priv'a.te Tuno1ng" Y~C~Llr favorable -. , - of OLlr fu.nding reqLlE"S t i::=. con=-.1.oet~a_1:1c!n deepl"y .. I . ¡"Je feel T.:r:a"L vIe can complete the appreclat:eolS ...i.. ;: theat¡--e nO~.:;J ~.:;.:e car2 ,....,,, a long ~'Ia\¡ ~ r" fnov lr~g the site fot-ward '::j~ to better Ltti 1 ìzatiori.. Thank 'y[::tt ~ ~ C:r)3 i f-inan L.'!T tr!e Board LJlO ~. , :::;qLlat-e, lr;c '" ~c nc:o 1. '.. CONSTRUCTION WORK SUMMARY 1. FIRST FLOOR COMMON AREA a) Entry lobby (room 100) b) Ticket room (room 110) c} Lobby reception (room lOl) d) Lobby stairs to 2nd floor e) Gallery (room 108) f) Bars (rooms 107, 109) g) Janitor roorn-troom-··1ì2) h) Women's bathroom (room Ill) i) Elevator equipment room (room 113) j) Men's restroom (room 114) k) Elevator shaft (Please note that neither the elevator nor the elevator equipment are included in this phase.) 1) Administrative corridor (Includes provisions for doors to be installed in next phase at future offices.) . . m) Electric room (room 105) n) Mechanical room (room 106) 2. SECONDFLOOR,CQHMON AREA The lobby balcony is being constructed now to give the - - -- appearance ~of.~a-compl-ete-fini-shed-lobby.--However-,-there· - will be no public access to'the second floor in this phase. (We will need to provide handicap access (elevator) and fire exits before we can utilize the second floor.) 3. DRESSING ROOM ADDITION BEHIND BACKSTAGE This two story addition has been changed structurally, but functionally.'it.,remains:substantially;the same as originally designed. 4. STAGE/BACKSTAGE . . Although these areas have been ,redesigned structurally, they are substantially the same size as originally designed. Cost savingmeasures.include...loweringthe. stage house height· from 42 feet to 32 feet above stage floor, re-specifying and reducing the area of the wood stage floor system. 5. AUDIENCE CHAMBER (THEATER), 1ST FLOOR The existing floor has been removed and is now being sloped to provide better sight lines. The stage floor will be 42" above the adjacent house floor. The floor will be carpeted and the walls will retain their existing plaster finish except where covered with acoustical panels. 6. AUDIENCECHAHBER .. (THEATERL --liOOP-Sys'Ì.':£t.f The existing.acoustical ceiling was removed in the last phase exposing the wood roof decking and steel trusses. This roof structure will remain exposed, and the wood, steel and all electrical/mechanical work in the ceiling space will be painted black. To minimize the sounds of rainfall within the '"114 theater, we will install 2" rigid insulation on the roof (as recommended by our consultants). 7. AUDIENCE CHAMBER (THEATER), BALCONY The balcony will be finished and will consist of the followspot booth, sound control room, lighting control room, and audience seating. However, as previously noted, no public access will be allowed on the 2nd floor. . . . 8. AIR CONDITIONING SYSTEM Previous designs called for a water cooled air conditioning system for all common areas except the theater (which was a split system unit). Now, due to budgeting constraints, we are designing split system air conditioning systems throughout all the common areas. . Air handling units will be installed above the ceilings. Some condenser units will be set-an-sl-abs-ad-3acent----,-to-t-he-t-heat-er-,-and-some--wi-l-l--be - set· ·on· the roof. . Previously, 'the theater air conditioning system was supplied through (expensive) linear diffusers installed . in the ceiling .. Now, since we eliminated .the main ceiling, air'·condi tioning· 'wi 11·'., be··supplied -:from' stanqard gri 11 es branching from the main ductwork. For operation cost efficiency, our system will allow zoning to cool only the areas..being·~~used_·.atcan.:y:.pà.rtÜ:ülàr~.tîmê:(i. e., we will have 7 separate units serving the public areas--hallways, bathrooms, lobby, etc.). 9. RIGGING FOR THEATER LIGHTING 2Uß) SCENERY The rigging design calls for: a) . .4.black.border.curtains.and-8..1egs.·.(these mask the back and above stage area). These are dead hung by chain from the loft beams. . b) 2 counter weight sets for the electric pipes. c) structural/electrical accommodation for two additional electric pipes and 22 general service pipes. These may be purchased on an as-needed basis. d) All loft steel in place to provide dead-hung general service capabilities. e) Additive Alternate bids to be solicited for additional electric pipes, counteJ:"~~~ght_s~~s, 4ead hung pipes, grand-drape·, ·traveler· track. f) The budget for rigging to be $50,000. This will be contracted directly by Old School Square in order to save paying the General Contractor's profit. Close coordination on our part will be required. .. . 10. THEA'l'ER LIGHTING The lighting design calls for: a) A small controller, sufficient for most small events.. . We will have the house lighting dimmers as well as 24-2.4 KW dimmers for theatrical circuits. The system is .designed to be expanded to 169 total dimmers, which we are told by our consultant should be sufficient for the theater. The 24 dimmers we will start with will allow the oÐnnection of 48-60 light fixtures, sufficient for chamber concert lighting, lectures, public meetings, and probably small, . . . ~compact productions designed with the limitations in mind. : b) 30 lighting fixtures provided under our base bid package. It is common practice to rent additional fixtures on an as-needed basis. _c->~..__One_catw.alk_..ins_t.al.1_ed_in~the___ceiling.-5 pace. _of__the audience chamber· in'hrder· to· hang lights. In addition, lights. will also hang from supports mounted on side walls of the audience . chamber. c.... , , c) The"budgeb~for. ·theatrIcaL lighting to be. $60,000.. This ~ill~be contracted directly by Old Schodl Square in order to save paying the General Contractor's profit. Close coordinat~0I1::~I?-:ou~ ".par~<~ill'be requi red. . 11. THEATER SOUND SYSTEM The sound system design calls for: . . a) A system that'should adequately serve to "reinforce ordinary speech and lecture events and some modest music ...(not:,rock)or..production~'.;<L Our.consul tant tells us that many events will not require much sound system reinforcement due. to the size of the house. b) A small sound mixer· that is expandable as our need and budget allows. c) The budget for theatrical sound system to be $50,000. This. will be contracted directly by old School Square in order to save paying the General Contractor's profit. Close coordination on our part will be required. 'I'~ · November 19, 1991 Stinson-Head, Inc. General Contractors Ms. Frances Bourque Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida 33444 Re: Old School Square Phase Two, Part Three Dear Frances: Having completed the bidding phase of Old School Square Phase Two Part Three, we offer the following comments for your review. The total price based on the Plans, Specifications and Qualifications is: ONE KILLION TWO HUNDRED SEVENTY SIX THOUSAND THREE HUNDRED DOLLARS ($1,276,300.00). Based on the budget of One Million Dollars ($1,000,000.00), it is apparent some value engineering is required. The attached breakdown of items will show you how this pricing will be attained providing all items are accepted. We will continue to work with you and your consultants to assure the ultimate completeness of this process. We further understand the overall integrity of the project and your input in determining the final costs and scope of work have been invaluable. Attached you will find the breakdown and itemization in the scopes of work discussed and the savings which will be attained. We certainly look forward to working with you again on Old School Square and feel comfortable that your goals should be met. Yours truly, Dutch Bliss DB:sm Enclosures 2650 North Military Trail Suite 140 Boca Raton, Rorida 33431 (407) 994·2600 Fax (407) 994-6406 .. OLD SCHOOL SQUARE PHASE TWO, PART THREE ESTIMATE SUMMARY ANALYSIS Estimate Summary Total of November 18, 1991. · · · · · . . $1,276,300.00 Potential Areas of Savinas: - pilinas . · · · · · · · · · · · · · · · · · · · · +/- ($ 3,000.00) (Review design with Engineers and Subcontractor) - structure . · · · · · · · · · · · · · · · · · · · +/- ($ 13,000.00) (Review design, details and methods with Engineer) - structural Steel and Miscellaneous Metals . · · · +/- ($ 10,000.00) (Review with Engineer and Subcontractor the structural design. Determine miscellaneous items which can be eliminated from the project at this point and installed at a later date (Le. , future light supports, etc. ) - Catwalks (Structural Steel) · · · · · · · · · · · +/- ($ 12,000.00) Eliminate front of house catwalk in its entirety including associated theater items. - Millwork · · · · · · · · · · · · · · · · · · · · +/- ($ 25,000.00) Determine with Architect design changes to doors, frames, moldings and casework maintaining the basic intent of the design. - Roofina . · · · · · · · · · · · · · · · · · · · · +/- ($ 3,000.00) Review warranties and roof bond. - Finish Hardware · · · · · · · · · · · · · · · · · +/- ($ 2,000.00) Determine acceptable hardware schedule with Supplier and Architect input. - Rollina Shutters. · · · · · · · · · · · · · · · · +/- ($ 2,900.00) Eliminate rolling shutters and associated components from the Bar areas (four total) (cabinets can be locked). ~ Stinson-Head, Inc. General Contractors .. Old School square Phase II, Part III Estimate Summary Analysis November 19, 1991 page 2 - Drywall. Plaster. stucco. · · · · · · · · · · · · +/- ($ 10,000.00) Determine areas in which drywall may be substituted for veneer plaster in ceiling situations. - ceramic Tile/Quarrv Tile · · · · · · · · · · · · +/- ($ 1,000.00) Reduce areas of ceramic tile on walls and change minor profiles in trim pieces. - Wood Floorina . · · · · · · · · · · · · · · · · · +/- ($ 10,000.00) Patch only balcony area and install carpeting in lieu of refinishing the wood flooring in this area. - Wall covering . · · · · · · · · · · · · · · · · · +/- ($ 1,700.00) Reduce wall covering pricing to $1.00 per square foot allowance. - painting . · · · · · · · · · · · · · · · · · · · +/- ($ 10,000.00) Review scope of work with Architect and Subcontractor to maintain level of quality, however reduce cost. - Granite TODS · · · · · · · · · · · · · · · · · · +/- ($ 9,000.00) Furnish plastic laminate tops in lieu of granite tops at bars and ticket window. - Acoustic Wall Panels · · · · · · · · · · · · · · +/- ($ 10,000.00) Eliminate these panels from the project. - carDetina . · · · · · · · · · · · · · · · · · · · +/- ($ 5,700.00) Reduce carpet allowance from $20.00 per square yard complete to $15.00 per square yard complete. - carDetina . · · · · · · · · · · · · · · · · · · · +/- ($ 2,000.00) Include carpeting in auditorium first floor walk-ways only. ~ Stinson-Head, Inc. General Contnlctors .. Old School square Phase II, Part III Estimate summary Analysis November 19, 1991 Page 3 - specialties · · · · · · · · · · · · · · · · · · · +/- ($ 1,000.00) Eliminate bulletin board (2nd floor pressing areas) . - sÐecialties · · · · · · · · · · · · · · · · · · · +/- ($ 3,300.00) Eliminate canvas awnings at Loading Dock. - ADpliances · · · · · · · · · · · · · · · · · · · +/- ($ 1,000.00) Eliminate washer and dryer at Backstage Area. - Mechanical Systems (HVAC. Plumbina) · · · · · · · +/- ($ 40,000.00) Work with the Engineers and Consultants to maintain the system's integrity, however reducing costs of the systems through material substitutions and value engineering. - Electrical Systems · · · · · · · · · · · · · · · +/- ($ 20,000.00) Work with the Engineers and Consultants to eliminate equipment and substitute materials again maintaining the overall integrity of the building. - 2nd Floor Backstaae . · · · · · · · · · · · · · · +/- ($ 25,000.00) Eliminate all finishes and systems from this space leaving a shell space condition for future completion. - General Conditions · · · · · · · · · · · · · · · +/- ($ 20,000.00) Reduce field management to approximately 50% of time to job. - Sales Tax . . . . . · · · · · · · · · · · · · · · +/- ($ 20,000.00) Owner to prepare and execute major item purchases to avoid sales tax. It should be further noted that stinson-Head, Inc. ' s 7 1/2% Overhead and Profit would be added to any and/or all items considered for savings purposes, as well as a pro-rata portion of insurance costs. ~ Stinson-Head, Inc. General Contractors ., Old School square Phase II, Part III Estimate summary Analysis November 19, 1991 page 4 Other Potential considerations: - Balcony and associated rooms completion. - Front of house and stage catwalk. - Wood flooring on stage. - Lighting, sound and rigging items. - Complete a portion of 2nd floor lobby. ~ Stinson-Head, Inc. General Contractors .. CONSTRUCTION BUDGET OLD SCHOOL SQUARE THEATER ADDITION PHASE 2, PART 3 November 2l, 1991 010 l. General Construction......................... .$l,OOO,Ooo SCHOOl 2 . Theater Rigging.................................. $50,600 3. Theater Sound.................................... $32 ,100 -SOUAR(- 4. Theater Dimming/Lighting Equipment.............. .$80,300 5. Contract Administration.. .......... ... .......... .$62,000 6. Consultant Reimbursable Expenses................. .$6,000 7. Contingency F'und................................. $50 ,000 ------- TOTAL CONSTRUCTION COST $l,281,OOO Arch./Theater Design, Seating, Grand iDrape.... ..Sl17,000 ------- TOTAL PROJECT COST $l,398,OOO See next page for additional items to be provided through Old School Square fund raising efforts. Old School Square, Inc. Post Office Box 1897 51 North Swinton i\.oenue Delray Beach, Florida 33447 (407) 243-7922 FUNDING ON HAND OlD -- ----.-,---------.-.---- SCHOOl -5:f\LÞ.~~ ~:E : CONSTEFJCT I ON ACCOUNT ~, 228¡OOO. ;3 P.Þ.I'JT' : LÞ.TTNER FOUNDÞ,TI Cli'j 500 i OOC). BÞ.LANCE: FOND - OC! ..,.. -SOU^R(- FT)r~I:) I r\f~ F.ECE r \¡l~¡EI..;E BOARD OF DIRECTORS -,.._----~---~---- ------------ ------- Frances F. Bourque Chairman (3 F: ,Ã. I~ 'T; : ;:: rr l. T ~ ,·Î"h t~LC)B I I>Þ¡ 1. f: ;,-:1 ; 0 C) 0 . Alan Armour ' '... ,. .4< ,~_....; Vice President DIVISION CIF' (:lJL T1JRÞ.I~ P<.FFAIP5 Billie Linville Secretary 1CT1\L EALl\NCE e)F FUNDING f.,. J) ..~ (jU;j. Alexander Simon Treasurer Timothy Almy Ronald Backer CCNSTFUCTION BUDGET 398 i O¡·~;C_I. Robert Chapin FUNDING }4"'PC)M ()I..,D SI~HOOL 3QTjPcFE 9 6 ,:~ ) 0 ¡'j () . Philip Crangi --_._------ Nancy Earnhart BALANCE P.E':.2UIEED rrc) (~() IC) CIJNTFÞCT 435,000. Heather Frazer Joe Gillie Patricia Jones Larry Parker Debby little Þ~=¡I) CNS I){JR I rIG CON STRUCT I rJN PH.~SE DEVELOPMENT T'e) pC;' PEOVIDED THP.OUGF C,LD S(~HC)()L SQUÞPE ..-Ï ~.~ COUNCIL TRUSTEES FTT~\JDRA I SING EFFOETS ( r~HEA TRE SEATS, PR.~CKS, GENEPAL CONTRIBUTORS) f; '9 200. Marshall Dewitt Katharine Dickenson -_. ._---. -.- -- - -.. ,--- -.---,... - - George Elmore TOT p.~L 0::-:0:=1 r'Î~ PHASE .,. THEATHE .'. 1,4f7 2 :--) C) . - E. Monroe Farber " Charles Hardiman Jim McDaniel Tom McMuman Jim Nowlin Buck Passmore Ernie Simon Michael Tiernan FFB:gja: 11-21-91 Bill Wallace Frank Wheat ~ :r µf..l...t.~ plOy,.,.......J.5¡.... ~ I r ..R"~-"-....Q..A..... Gloria ReJune Adams Acting Director Old School Square. Inc. 51 North SWinton Avenue Delray Beach, Florida 33444 (407) 243-7922 .. ADD-ONS TO NOVEMBER 2l, 1991 BUDGET OLD SCHOOL SQUARE THEATER ADDITION OlD SCHOOl 1. Acoustic Sound Panels............... .......... .$lO,700 -SOUAR(- 2. Lighting Cat Walk............................. .$13,000 3. Counter Tops for Lobby Ticket Booth and Bars... .$7,500 4. Security Grilles f or Lobby Bars................. $l,lOO 5. Upstairs Dressing Room Finishes..... .......... .$27,000 6. Awning over Loading Dock..... ..........,....... .$3,500 7 . Washer/Dryer and Misc. Dressing Room items...,. .$l,OOO 8. Additional Theatrical Lighting provisions...... ,$5,400 ------- TOTAL ADD-ONS $69,200 ~ Old School Square. Inc. Post Office Box 1897 DeIray Beach, Florida 33447 (407) 243-7922 · - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ¡1 FROM: CITY MANAGE~c'f{/ SUBJECT: AGENDA ITEM :It 't~ - MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 95-91 DATE: November 22, 1991 This is a resolution authorizing execution of railroad crossing agreements and other related agreements which transfer maintenance responsibility from the State to the City for the Florida East Coast Railway crossing on East Atlantic Avenue. Upon entering the agreement, the City will assume the responsibility of contributing 50% of the annual maintenance costs for this crossing. The resolution and agreement must be executed and delivered to the Department of Transportation by December 9, 1991. Recommend approval of Resolution No. 95-91. lùhl{ is +his n EeE-55 A-~ ~ qLL~S+t·on'S f2A-ìsE.D Be¡ Comm,'ss ion Pos+pontD +0 /.;L., 3 19 \ .. C~T C- ~'~'PNE''l'' ': '-'ç:" ç:" T ,- ~ TEL No . 407 278 4755 ~~o '.,/ 20 (~J 1 13:08 P .11 . CITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE " \. Wr.;~e, b ; 4(; ., ' , MEMORANfJUM ~ :1 ~ ~,:' Ncv·~rn.b~' t 199 ; ,- 1 · -..(~ ,.':>mJ'!1' 1',..-:~ .~;n f) . t \l .~ {~ H¡jldt¡¡, \'; t. i ;1'1 f ¿LI' r . --~~ } ;,. .:;t .1-/,:i ~ ' of . 1 ;r (-, ~O;; .. Þ.s ~ : s t 21' t ~ ,- 'l'r'- . . ~ " . . - .- ' ' d:', ;. . .... i r food oj tr·(·S.=.1 q .,1· E:iS· " : ' Vi i\1.t;dH("t';' T:rlLSfel '~~,F.' e;'ò,':l:,' .1 '. ,. t- .;.1. ¡ : <.'.-:1 :f]~'~~r .. ' , ,'~:~], :ìYl f.-;>CT(',. ,,~ f) ),~.. . .0< . ' ... t, ¡ - t·; '. . . '1: r ~o;,:" it," , '1:,'-0 " .' '.!: t(r'~;n'; ft~"; \ ~·jn ~ .; "'~'; ~: 3 " (,le: ~ ¡, ." . L :";'\:"'1"".');1 tHfO.-: "" . , : : '.'1.' t ~; ) ~ ~ , , . t- ,',\ "'" . 'E" 't,?", ": \ ;'--1 ~- r j, ~ i . . ,.," , , ~ ' ..J~ .. ... ~ .c· S !..~ ". ~ ~ fJ ':~'~(d ;l::'..¡~-'~' ,,-," . , .. '. f '. , ,. ,,3 . ;1' oJ: .3:' , ;:' .'"> to- ,- - .. . f"," ~. .:. ... ,~" ~ i . . " .. io. 1 .¡,~, . ! ~ t ::.:. _, ~ ,,~ . ....l d ~, d _j 11;- r':'\'': ,~~ ,~ , , ,,"-, r- , I~ )J. . ~ ::. ;'" ¡ ~ t. 1:'\ t L - t, ! .': ~ ':' r . tOO, . ì t. , ! ' ,. C I T v AT T 0 F: N E Y 'S 0 F FIe E TEL No. 407 278 4755 No v 2_"0, ,9. 1, 1,3.. :.I:J. 9 , P., \12 " . "', . - ,-"<; ~' '-,' H, "" ~ - I ,/ .', ' ~ ,~-'-~---.....~ -4 ::"...,'>\1f'...)-I¡';'~·:V' tt~. '!ot' , ~~ .. _~ .~' .' ~.... t·~... f t~· _\ ~ ....~. '1.~' j \ "'""-_ __.............w_ri r ~, ~ , "~~_~h . .:. u . - -- .....- t ...- ..........~- ~- ~--.......~ .- GRADE CROSSING AND TRAFFIC CONTROL DEVICES (DOT to MUNICIPAL) . ëõVNrv'Sec" ON '00 NU~O'" ROAD NA~e OR NU~.'" çoUNTT NAue PARC... · AM Nu~oe'¡ I < -fA. Nu~.e. I 93 030 6901 W. ATLANTIC AVE. PALM BEACH 1 (93550-SIGR) ......1. . THIS AGREEMENT. made and entered Into thIs , day of _, 19 . . by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. hereinafter called the DEPARTMENT, and FLORIDA EAS). COAST RAIlW&,Y COMP~~Y ~. . , a corporation organized and existing under the laws of FlOR IDA . ~ . with Its principal place of business In the City of SAINT AUGUSTINE _. County of '-SAINT JOHNS , State of FLORIDA , , hereinafter called the COMPANY; and the City of OELRAY BEACH ,a municipal corporation, hereinafter called the CITY, WITNESSETH: i I WHEREAS. the Legislature of the State of Florida In 1977 enacted Chapter 77-165 (amended 1985), which In part. provides for the transfer of tax funds and maintenance responsibilities of certain public roads In the State from the DEPARTMENT to the CITY; and WHEREAS. Section 7 Chapter 77-165 (F.S. 335.04(1» provided for the transfer of Railroad Crossing ¡i Agreements and other agreements. heretnafter referred to as "Exlstlng Agreements," In those roads to occur at the same time; and WHEREAS, F.S, 335.04(3) requires the CITY to sIgn an agreement with the DEPARTMENT covering the transfer of malnteanance responsibility for any portion of 8 road constructed with federal assistance. , and \ WHEREAS, thePa-rtles therefore wish to provide for the orderly transfer of such Existing Agreements, 1 and - .. i NOW. THEREFORE, In consideration of the mutual undertakings al herein set forth, the parties hereto I agree as follows: ~ 1. The DEPARTMENT assigns all of Its rights and duties In the Existing Agreements listed In Exhibit UA" to the CITY. The existing Agreements are modified only to the extent that the CITY Is substituted . In place of the DEPARTMENT as a party to the Existing Agreements, and Is subject to aU rights and ;' duties contained therein. Attached to the CITY counterpart Is a copy of all agreements listed In exhibit I (·A·· ¡ . 2. The CITY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assIgnment and shall look solely to the CITY for the performance under the exIsting Agreements. 4. This Agreement shall take effect on the same date of the transfer of maintenance re8ponslblllty of the roads fisted in Exh'blt ·'A" from the OEPARTMeNT to the CITY 8S provided by F.S. 335.04(1 )(b)2. 5. That the CITV, by Resolution No. .~ ~ ,has authorlz.ed execution of this Crossing Transfo'· Agreement by the Mayor and City Clerk on Its behalf. F.E~ Rwy. CO. Original Cop 407 278 4755 Nov 20,91 13:10 F'.13 CITY ATTORNEY'S OFFICE TEL No. , . ,',: . - .~ t" .. . " ,. ,." <It . . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ¡ BV:_ (SEAL) , District IV secretary 'T. --, ATTEST; Sec(etary ~ ¿J COMPANY: FLORIDA EAST COAST RAILWAY COMPANY I (SEAL) , í ATTEST: L r 1 ì ~ --- -? CITY OF DELRAY BEACH . ,FLORIDA ....... . ... . -. \ aY~ ~ (SEAL) (Title: ) ATTEST: . -.. -. 1 I Approved as to Form, Legality Fiscal Approval end Execution 9Y~_ r By: ~ , Attorney· DOT Date Flscal·DOT Dltte It\,()tl\(''~ -- ........... - APflROVED _____.__..- t/i!A; ffèRM~r EXECUTlON_ 407 27:3 4755 HI]\i .2;:', 1:-,: Hi F' . 14 C1:'Y', ~~-¡::: "1r,.' '=, ClFF1CE TEL t'40. .~ . . .. --.... -- .,. - - ..- -.- -- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . I DIVISION OF PUBLIC TRANSPORTATION OPERATIONS , t ;1 CITYRESOM1'.l'ION 11 , GnhDE CROSSING AND TRAFFIC CONTROL Þ~VICES (TRANSFER DOT TO MUNICIPAL) . Jon ~OAD NÞJ·IE COUNTY PARCEL & FAl> COUNTY SECTION NUl~aER OR NU1-113ER NAME R(W NUMBER NUMBER . ~ 93 030 6901 WES~~NTIC ::~H 1 (9355Q-SIGR) A RESOLUTION AUTHORIZING EXECUT10N OF RA1LP.QAD CROSSING AGREEMENTS Þ.ND OTHER RELATED AGREENEN'I'S PROVIPING FOR SUBSTITUTION OF THE CITY OP' DEL RAY BEACH AS A PARTY TO THE AGREEMENTS IN PLACE OF'THE' STÂ'l'E OF FLORIDA PEPAUTI1ENT OF TRANSPORTATION, on. ITS PREDECESSORS, AND PROVIDING FOR AN EFFEC'I'IVE DATE. RESOLUTION NO. q .' ; . OU MOTION OF Commissioner (Councilman) , , Þeconded by Comm1ssion@r (Councilman) , the foll~lin9 RESOLUTION was adopted: WHEREAn, tne Legislature of the State of Florida has t!nacted Chapter 71-165 providing for the transfer of maintenance responsibility of certain public roads, including railroad crossing agreements and other agreements, from the State to the City of OELRAY BF:ACH , and WHEREAS; the City has been presented with an agreement for this purpose which it wishes to exeoute; and NON, THEREFORE, BE IT RESOLVED BY THE CITY CO~~ISSION OF Tßt CITY Of:.. OELRAY BEACH , FLORIDA I ThatC~he City enter. into ft CROSSING ~RANSFER .AGREE~ŒNT with the Stata Qf Florida Department of· Transportation and the FLORJDA EAST COAST RAIlWÂ)Company providinf¡ for the substitution of the City for Lthe:FDOT, or its predecessors, and ~he transfer of the riqhts and dut1es of the agreementø listed in Exhibit "A" to ì the CROSSING TRANSFER AGREEMENT, ~nd I That the Mayor and city Clerk be authorized to enter into such 4c¡rq'ements with the Slate of Florida Depa.rtment of Transportation and the flORIQA EAST ÇOAST ~AILW8Y Company as herein described; and That this RESOLUTION shall tûke effect inUlieðiately upon adoption. INTRODUCED ~D PASSED by the City CORmission of the City ~t DE~RAY BEACH day ot ' Florida, in regular session, thie -- , 198 . - . ~-~ MdYOl; ~ commissioner ATTEST: - City Auditor and Clerk Te:L.:~O:;)-7':1·r-v,:¡,;,,;) ¡..", _...~.. ...;;.·...v I';¡J,VV,"" ·',V'¿ ./ rLRN. FROGRAM$ "-,,,"to. ..... ,'ff,;;- I, ' .. .. .t"" Of Fa.()ItiOA OUAAt"'Nf (I' tMN.,OlnATlOH 'OM moO. \.(t '" .... Ot'flCt OF ",.'-4Ç tMlClPOlltMIOH ·11£ .,/ RAILROAD GRADE «ROSSING TftAFFIQ CONTROL Þ&v,ceS . Oa(1 CÒUN'rY "iËõfiÕÑ JOB NU..-SEA ROAD NAME"õiÑIJM8gR OOUNTV HAMi PMCEl. PtJW HUMatR ~ f'.\P Nu..-a,.. ......--.....-....... ----. ..... tit. . - COMPANY NAME: ~, L 1~· .. "'''', r A. JOB OESCR'PTtO~ 8. LOCATION: ~......, L' e. Type OF ROADWAY FACILITY: - - ... 46 . -....;..... .._ . ';,,}l..._.....,. C. FDor/AAR XING NO.: I .. .... AR Mll~ ÞOST TIE: ., .._ O. TYPE SIaNALS PRoposeo .....~ OLASS DOt INDEX: ,." , SCHEDULe Of ANNUAL CoaT OP AU'fOMATIC . HIGHWAV GRAD&; CR0811NQ TRAFFIC CONTROl. CIVICEa J ~ 'iF - - I I:b4 . ~t\u,t Mllntenanoe. C~at EKcfuaJvI of Inatellat\9n , QbA$~ OE~CRIPTJPN Q.Q§r , FIl\8Þlng Signal,. One Traok $1,404.00' ·t~.1 " '__ FlashIng Slgnala " MuttJp1e Tracks . $1.858.00 III Flaah'ng Stgnal. arid Gat.... One Track '2.117.00 IV PII'hlnQ Slgn(tls and Qato.· Multiple Tracka $2667.00 . ·EffeotlvI July 1. "81 - ~- ~ .' l.. L L ~. L _ 1 ~ r 17 AUTHORtTV~ . FLORIDA ADMINISTRATIVE RULe 01~,.e.OO2 Rtfponltblllty fõr the Coat of Automatlo Highway . Oradt Crossing Traffic Oontrol D.vlo.. , EFFECTiVe DATe: Jul>,,', 1001 , GENERAL AUTHORITY: 834.044 F.S, " SPECIFIC LAW tMPLEMEN'rED; 336.141 F,S. . .' , " _. I >1',1 , t . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM :It qz - MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 96-91 DATE: November 22, 1991 This is a resolution authorizing execution of a railroad reimbursement agreement for the construction of railroad grade crossings, installation of traffic control devices, and future maintenance and adjustment of devices at the railroad crossing at S.E. 10th Street. Upon entering into this agreement, the City will assume the responsibility for contributing 50% of the annual maintenance cost for the railroad crossing. Earlier this year, this crossing was reconstructed. In order to ensure that the federal funds appropriated for the reconstruction project will be available to pay the City's share, the resolution and agreement must be executed and delivered to the Department of Transportation by December 9, 1991. PoS+pcnE.D -to 1~3 \9 \ "lit - T .- -- - .......1.,.- . .- .-..-:::- T r-'C" TC! t..,1\] . /1 (,-, "-:."/0:-;, 4755 t',jn " ~C!~(~~l 13: I:! 1 p I ( ";" -- .- L f C, t' ~~ .....s: ... " .~. ". ..~ > .! . ,*, ~if~'., f. ·h .- " [ITY OF DElRAY BEAEH :*' ~'?~)~~ .. .. .... -,...".. - r . -:¡,: :~ .;¡.~ ....¡ t ¡.""i..þ¡..~~,;'$."¡ . ~ ;1£1',." ..fft!~, Í!"".~ . ,~....-r'''')4 r ~ .......'.. - - .- ~ _,.' .:-~ _ ~ ~. "" LU r ATTORNEY'S OFFICE " ., . . w;. ",;;( . t:; r.. ~ .~ l ~ ".. ~ ". .. ,. f 4:) ¡ " ,.... , I , MP...MúRAl-fC UM -- I ¡i., '~,'; ;;;J ..: ... .., j , . -I . . 'tJi¡l,i1t..... .~.;.. .Þ¡ , ~ '. J !".. ",- i (.i ~ ~ . ·1.~ " I . ~ ;'1¿d·\·"<1'· ¡: '0._..- .- ;', .. . . ~ -'1-,.1 :! ¡ . . 1"< . Þ .:s. 1. '" r _) r t~: . - \·'E' , . ~ . ';.f, t . t- : '.I . '. .' ~'~.:1':' 1 ~ ~ t.' "¡'.1'tì i· ~. 'm:~ic\: ~. ..\F.'~'~ ~. . ... ( . r_~tj ," f: r"'1 .,~ ' ) ¡. ~P«'~~ 1 . -\i:!j .. ~ é ~ ,!t~ . , f ., . ~~ ., , : " .. '.. .. .. I " I' .. ,;. "-" '... " 'A. ; .. . ., , ¡- i ",. . ' ~ h~ -'~ \. > . , - l' "i., I .. ) ClFFICE TEL No. 407 278 4755 Nov 20,91 13: (J2 F'. Cl3 'STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE or PUBLro TRANSPORTATION ~rLROAD REIMBURSEMENT AGREEMENT GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES-MUNICIPAL SU~ÞL£KØNTAL AGREBMBNT NO. TWO (2) I I - --" COUNTY SECTION JOB ROAD NAME COUNTY NAME PARCf;L (. FAP NUMBER OR NUMBER R W NUMBER NUMBER -- t I 93 000 6949 SE 10th St. Palm Beach 1 (SIG-R) RRP-OOOS (382L. THIS AGREEMENT, made and entered into this day of _ , 19 kY ana between the STATB OF FLORIDA DEPARTMENT OP TRANSPORTATION, he~a ter called the DEPARTMENT, and FLORIDA ~ST COAST RAILWAY CO. , I a corporation orqanized and exlstinq under the laws of Florida f with II I its principal place ot business in the City of .~st. Augustine -- , I County of st. Johns , state or FloJ::,ida , ,I hereinafter called the COKJ?ANY¡ and the City of DELRAY BEACH a " , :1 municipal corporation, hereinafter called the CITY. it ~ WHERÈÃ~, the DBPAR~~ENT is constructing, reconstructing or otherwise , chanqlnq a portion of the Public Road System, designated by the DEPARTMENT i' I t as Job No. 93000-69!2-, Þe~we6ft at SE lO~h st. a-nd ~ , .which crosses at grade the right-or-way and tracks of the COMPANY I at a point . 4~O8 feet South from the COMPANY'S Milepost . 317 I , i, FDOT/AAR Crossing Number ~_ 212495-0 at or near Delr4Y Beach as ~ ; , , . :\ shown on DBÞARTKENT'S Plan Sheet No. 0l'\e , attached hereto as a part hereof; and : ! ' WHERBAS, the CITY and the COMPANY have heretofore on the ~ day of May ~, 19l1-, entered into a RAILROAD LICENSE AGREEMENT fçr " construction and improvement of said railroad grade crosG1ngi and for furnishing necessary materials and installing automatic grade c:rosslng I! signals and/or other traffic control devices at said railroad 9rado , ,/ ! crossing; a.nd t NOW, TIIEREFORB, in consideration of the mutual undertaking ~3 !·;.'n' i n "\l'"t.h, the parties hereto agreo as follows: f 1 1. The COMPANY shall turn i~" the necessary materials .j . ~ 1 I ì t : (.; grade crossing signa) £; i' nd/ or other traffic contrvJ . CITY 8TTORNEY'S O~FICE TEL No. 407 278 4755 Nov 20.91 13:03 P.04 ~..'. ~.;.. .""".;,' V, ~'¡. . ' '1- -. , . '.' ''''Î' ~ , ....,~¡i~~', .' sa 1<1 - loc:a ion'. on n DEPÄR~MÊÑT-''š' pr~~~'~~d S~~d~ra . ndex e reference ma.de a part herèot. ~' Aftef-:'~aId'traff cc0!1 ~Q, e -"þ,ir. _ ,,;¡r '~,:t- installed and found to be in satisfactory ~workinç{ order· y, lie a ,}.eø.' ': ~. ;' ,·t _ : ,;- -: '- hereto, the same shall be immediat.ely put into service. After in·stallation ¡ of said signals 1s completed, fifty (50) per¿ent of the expen~e thereof in .. maintaining the same shall be borne by the city and fifty (50) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade cro6sing Traffic control Devices attached hereto and by this ref~rence made a part hereof. 2. The COMPANY hereby grants to the DEPnTMENT the right to construct the said Highway at grade, and necessary approaches thereto, across its right of way and over its track(s) at the hereinabove referred to location. 3. The COMPANY will provlde¡ furnish or have furnished, all necessary materials required tor, and will construct or have constructed at the DEPARTMENT'S expense a Stàndard Railroad crossing Type "T" Moqu in accordance with the DEPARTMENT'S Standard Index No. 560 attached hereto and by this reference made a part hereof. Upon completion ot the crossing the CITY shall be responsible for the maintenance cost of said crossing from the right of way line to right of way line of the COMPANY includin9 the portion of said crossing over and across the COKPANY'B existing or future tracks andìOver and between the ties therein. 4. All work contem~lated hereu~der shall at all times be subject to the approval of COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT, or the DEPARTMENT'S Contractor I shall give COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of any work within the limits of the COMPANY'S r1qht-of-way. !5. The DEPARTMENT will reimburse the COMPANY for the cost of watchman or flagging service when the DEPARTMBNT'S Contractor is carryipg out work adjacent to the COMPANY'S tracks and whenever the contractor is performing work requiring the movement of employees, trucks, or other equipment acrcss the tracks of the COMPANY. 6. The DEPARTMENT will require its contractor to furnish Railroa" !rotective PUblic Liability and Railroad Protective Property DamaÇif' Liability Insurance in a combined amount of $2,000,000.00 for all personal injuries, death, or property damage per occurrence arising durin9 the 31RR-IO 2 \! (2/91) ... 4-1 ~-, -,., 4 7 c: c: ~.~ I-I " ...~' (I , q 1 13: iJ4 F' ,., c- o ; ~ I _' (ITY ATTQPNEY'S OFFICE TEL t"jo. J l. _ \ ¿ (c. ' I ,_,I ._.1 _ _ '.' .0..- - . - , . ^ ,+.'. ~( .' ". ,~;", , . policy, p~rlocl.. b.1'he.:, maximum ,<lo,llar.l("atnounts..JIP'(j CQ.V.~ClJ;,.a,.st_ . . . from Federa.l funds, with respeot ,to bodily ,.injury.,r~eãt1i) ari~pi:operty damage, is limited to a combined amount of $6,000,000.00 per, (occurrence unless approval for larger amounts by the FHWA Division Administrator is made a part of this Agreement. The DEl'ARTHBNT will also require its contractor to furnish the COMPANY a Certificate of Insurance,showing that the contractor carries liability insurance (applicable to' the jOb in question) in the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the pOlicy period. Such insurance is to conform with the requirements of the U.S. Department of ;~ Transportation, Federal Highway Administration, Federal-Aid HighwAY Program Manual, Volume 6, Chapter 6, Section 2, Subsection 2, Transmittal 350 dated October 1, 1982, and any supplements thereto or revisions thereof. 7. The DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the COKPANY signal wire line or other facilities, and in the wire ~line facilities of any utility that has compensable interest on thè COMPANY'S right-of-way occasioned by the construction of said crossinq and the occupancy ot the COKPANY'~ property, provided such costs are accrued as specified in Paragraph 7. 8. The COMPANY hereby agrees to inst~ll and/or adjust the necessary parts of its facilities along said Road in accordance with the provisions set forth in the; -, N/A (a) - DEPARTHENT·Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation, II dated October 1, 1~73, and Rule 14-46.002 "Responsibility for the Cost of Railroad/Highway crossings," Florida Ad~inistrative Code, dated February 3, 1971, N/ A (b) Federal Highway Administration, Federal Aid Highway proqram Manu.al Volume 1, Chapter 4, Section J, dated August 5, 1988; and Volume. 6, Chapter 6, Section 2, Suqsection 1, dated April 24, 1984, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work with its own forces or by a contractor paid under the supervision and approval of the ÞBPUTHENT and the Federal Highway Administration, when .. applicable. 9. The DSPARTHBNT hereby agrees to reimburse the COMPANY for all 31RR-l0 3 \! (2/91) TEL t',)o. 4C\7 ~7:':: 47:,5 t'10'./ ~I:! .'~11 13: IJ4 ~' . r~¡ ~~ C IT ,,{ q T T i=:' r4 ,:"'( . ': CFr:-HE , ^' ,. t~' costs' incurred by it: in the adjustment of said faoilities"l :1< ·f.Ni";i with the provisions of the above indicated Reimbursement policy,;ia'"d a supplements thereto or revisions thereof. It is understood and aqreed by and between the pa.rties hereto that preliminary enqineering C05ts not incorporation within this agreement shall not be subject to payment by the ·DBJlARTKEm' . . 10. Attached hereto, and by this reference made a par~ hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate ot the cost thereof in the amount of$i·l-, 603.00 . All work performed by the COMPANY pursuant hereto; shall be performed according to these plans and specifications as approved by the DEPARTMENT, and the Federal Hiqhway Administration if federal aid participatin9; and all subsequent plan changes shall likewise be approved by the DEPAATKENT and the Federal H1qhway Administration, where applicable. 11- All labor, services, materials and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the OOKPANY' directly to the DEPARTMENT'S Separate records as to the costs of contract bid items and force account . items performed for the COMPANY shall also be furnished by the COMPANY to the DBPARTHENT. 12. The COMPANY has determined. t1)a.t the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described thereafter: _(a) Aêtúal and,related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. ~(b) Actual and related ind~rect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the D£PARTMSNT. _(c) An agreed lump sum $ , as supported by a detail analysis of estimated cost attached here~o. (Note: This method is not applicable where the estimated cost of the propose4 adjustment exceeds $100,000.00). 13. The installation and/or adjustment of the COMPANY'S facility as planned (Ki~~/wil1 not) involve additional work over and above the minimum reimbursable requirements of the DBÞARTKEN'l'. (If upgrading andf"" .. nonreimbursable work is involved at the option of the COHPANY, then ere;): against the cost of the project is required and will be governed by th~ J1RR-1O 4 \1 . (2/91) "" 2(1,91 1:; : (!c:-' ¡:: ~ C I T Y f) T ~ ,= ¡:: f, E ~ .-- C'ÇÇFE TEL t'·)o. 4Cl7 2~:: 4~:,:, t··)o ......... ··~·,ø:.·, '.. . ~t . .'~" ..'~. ., ",!K, , (.": . , ,. . ~i·!t·'. t- ,'. .; ~,,,.:.. ,:~.:i,.;: .. ~.'...''o/.<i. .. ~~' method~checked ând'dešbrlbèd'~érªäftèr) \ .. N/A (a) t will be 'applied to the ~ina.l billing- o~ work ac:tually accomplished to determine required credit for (betterment) and/or (expired service lite) and/or (nonreimbursable segments). N/A (b) All work involving' nonreimbursable segme~ts will be performed by special COMPANY work or job order" number apart and separate from the reimbursable portion of the work; such work or job order number to be ------......-- . The COMPANY further aqrees to clearly identity such ,~itiona) ..4... ~.. ~~ wot"k areas in the COMPANY'S plans and estimates f or the total work covered by this Aqreement. N/A (c) $ credited. for (betterment) and/or (expired service lite) and/or (nonreimbursable segments) in accordQnce with Article 11.(c) herein aþove. 14. It is .specifically·· agreed by and between the DSPARTKE!(T and the COMPANY that the DBÞARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as. a result of the above adjustment work. 15. It is further aqreed that the.cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject only to the DBPARTMENT bearing such portion of this cost as represents the cost of ----- adjustment of previously existinq facility, less salvage credit as ~i~t forth in the immediately preceding paragraph. 16. Upon completion of the work, the COMPANY shall, within one hundred eighty ( 180) days, furnish the DEPARTMENT with two (2) copies of its final and co~p1ete billing of the costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The total& tor labor, overhead, travel expense, transportation,: equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credit.s ftom .. recovered and replaced permanent and recovered temporary materials shaJl be reported in said bills in relative position with the charge for tbe ,. 31RR-1O 5 \4 . (2/91) .~ ., ~---- ..._--~_'71.>c..- - - -. -~~ _.-._- --- C I T Y 8 T T ,= ;: ",,;:-" .: ¡~lrrICE TEL t"jo. 4r~17 ~~: 47 S :. t',) [1"'/ 2 I~I . 9 1 13 : r~1 f:, ¡: 1'1 : .. . ~..j :~:\:; ~'~,' . .~.~. ... .. . .~ replace.l\\ent::or.'t:he .ori9inat 'ichar<¡è 'f!,o. Gmpo a . . - . :.. .; - ~¡ìt;~.; '~:"<,~ $\1:"·' -'-'~('~~~. The ~inal billing shall show the description ana s the date on which the first work Was performed, or, if preliminary engineering or right-or-way items are involved, the date on which the earliest item ot billed expense was incurred; the date on which the last work was performed or the last item of billeðexpense was incurred; and the location where the records and accounts billed can be audit4d. Adequate reference shall be made In the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance ~ith the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse thê COMPANY in t.he amount of such actual costs as approved Þy the DEPARTMENT'S auditor. 17. The COMPANY covenants and Agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, ðamage cost charge or expense arisin9 out of any act, action, 'neglect omiss1on or delay by the COMPANY during the performance ot the contract, whether direct or in~irect, and whether to any person or property to which the DEPARTMENT or said parties may be su~ject, except that neither the COMPANY nor any pf its sub-contractors will be liable under this section tor damages arising out of injury or damage to persons.or p~perty directly caused or resulting from the 601e negligence of the DEPARTMENT or any ~f its officers, agents or ·ëmployees. 18. All terms and conditions 1n the above mentioned RAILROAD LICENSE AGREEMENT dated Mav 23f 1.972 are hereby reaffirmed except where supplemented! changed, or amended by this SUPPLEMENTAL AGREEMENT. & . 31RR-1O 6 \' , (2/91) CIT"( µ~~. -Ic-:-:CE TEL (',10. 407 2~S 4755 Nov 20.91 13: IJ7 F . CI'~J . "£N WITNESS WHERÊOF, ·the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto arfixed, the day and year first above written. ... STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~. BY: .... .. _ T ( SEAL) DISTRI~~ SECRETARY ATTEST: Secretary ~=--;;;;:;;:~--....~~~ -~~-~=~~~-~-~==~~~~~~~-~~~~~~~~~~~~~~~-~~~~~~.~~~~~-~~ GQ, ................. I (SEAL) ATTEST: - ==-- --- - 11';:~~=:======-=.-__-.______...........-~__;;;;;;;._ ;,;,;;;;,=--....;;~~-...;,;..~~_... ....µ,,~ "t;. -;:..., "' CITY OF DELRAY ~~H ~ , FLORIDA BY; & ( SI-:AL) (Title: -) ATTEST: --- F~ ~~ __~~_____~~ -- ~~~- - ..-.._-----~- .---- --~---_."- ~pproved as to form, Approved as to Funds Approved as to <'HPM Legality and Execution Available Requirements BY: .......... BY:~ BY: -. ---- -------_....~ Attorney-DoT Date Fiscal-DOT Date FHWA :\t.e 31PR~1P~lE~i;T~Ô..~~' (2/91) .. .C-4:WPJlP~~~:: ~~ . ~r"~." 4. , ~ ". -- ~ ~_ ::: L~~~~ --~~_. ~~T· __ 407 278 4755 Nov 20,91 13:07 F .1 Cl - :.-;:- ~ ~ E TEL t',10. - T -r '" . . - 6949 S.E 10th ST. PALM BEACH -.-- - -" A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT fO THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS. INSTALLATION OF TRAFFIC CQNTRC DEVICES FOR RAilROAD GRAOE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMEN OF SAID CROSSINGS AND DEVICES: PROVIDING fOA THE EXPEf~:)ITUR( OF FUNDS A~-J s.v~ PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. AË$Ol.UTION NO. ~ q b-q , -,--;- ON MOTION OF Commissioner (Councilman) ~ _ _-__"__ .____~ . seco¡"\,,ed b Commissioner (Councilman) I . - ~ ~ ,l¡~~ t\)~!owlnc Aesolutln W8'J 8óopt.e( WHEREAS, the State of Florida Oepartment of TransportatlcH\ is CN\strucUng. reCon~!q.H.;'.('¡;; '. otherwise changing a portion of the Public Road System, ~~~ !T S£:. ¡otlL~RHr ~_.- -... -- . ~ - . a - . which shall call for the IPcsttulat1or. ana mø.lntðne,C', of railroad grade crossing traffic control devices for railroad grade Crossing over or nf3ar said t"\lghw8y , . and . NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE Cn . or . ;""L0'j!\)Ä ~ That the City of OELRAY BEACH ____ ___._ entcr ¡r'I~O a AI,;, ,10A( - ,... ... - REIM6URSEMENT 7\"GREEMENT with the State of Florida Department of Trßf"spOr1ation and the ~L..- - Company for the Installation and malnJenanee of certain grade crossl!1QS and traffic control devices for grade crossIngs dealgnotoa ItS Job t~o. 93000-6949 - ~ -..._--...._-- on S~E lO\h $TREEJ . .- ~ whIch crosses the rlgt'¡t-of-way end trB.cka of tht Company at FDOT/AAA Crossing No. 27299~-D . ~ located near ~lli~ ACHL ___ Florida; and That the City assume· Its share of the. costs for fµture maIntenance and adjustment of laid grAce crossing traffic control devices aa designated In the RAILROAD REtMBURSEMENT AGREEMENT; and That the Mayor and City Clerk be authorized to enter Into luch agreements with the Sts;!'; ,-.f r ~ ,"J! Deparvnent of TransportatIon and the . .ILQRIJ'A iA?T COAS't R~IlWAY . _~_ COï:1P" j 81 herein :-I;,:'~'f¡bed: 6..nd . That this RESOLUTION shalt take effect Immediately upon adoption. . INTRODUCED AND PASSED by the City Commission of the City of -- --~._~--_._..- - .-..-... florlda. In regular session, this day of ~ ,19 .h. . _-__ ____. __ . ~.;;,. ~,..;:--.;;--'-'" -- --- , ATT£::::;T, _ ,_ .. ell) "Y4I(OI,t.114 0.... - r~L;~O~-T~¡-b~~J :, -" ~ - .. ....... ~... w .,I \,.-' I" _' ,v v "." I .. ',.' _ . f'LHN. FR[}GRAM~ , // ¡,. . ,I...... C , . t,' .. .fAU Of F1.()MIOA DUAAtklNf fI' tMHI'OIU''''fION """" ".00' I. U '" _" , CtflCt OF"".",,, t"~HI'OIU'ATOtf ·R. ~ hAILROAD GAAOE «ROSSING TftAFF'O CONTROL Þ8VICES . 0)(' _. -- COUNTY 8£OfION JOB NU~8E~ I{OAO NAME 0" NU~8gR OOUNrVNAM¡ PAROEI." rvw HUMer" FAP NU~BI:t ....~.....-.-...... ~- ....~ ~ - OOMPANY NAME: . . -<1... ..... ,.~ .4>1 r A. JOB DESCRIPTO~ & LOCATiON: "II" R ß. TYPE OF ROADWAY FACILITV: , . . ~ ~ , . ~, " - . '-:' 'f'-:~·_~-:'.lo C. FOO'r/AAR XING NO.:' or- .. .... AFe MILt: ÞOST TIE: . _.~ O. 'rYPE $IGNAl.S PRoposeo , , ~Ol.ASSr DOt INDEX:. . ~ SOHEDULE Of ANNUA\, C08T 01" AUtOMATIC . HtGHWAY QRAD~ CROallNo TRAFFIC CONTROL OaVICE8 . J , 'IF -.. I T~ . ~huft M.tntenanøe. O~~t EJCcfuIJVI of In.tall.\'~n , ÇkASS DE~ORIP,(lOM 2W· . FtaaNng SIgna), '" One Traok $1,404,00 ' "',1 II "--- FlashIng Slgnala .. Multiple Ttacks ' $1,658.00 . , IIf ' , Flesthlng Stgnala arid Gate. .. On8 Track '2.117,00 IV ftaìhlng SIgnata and Oatol · Multiple Tracks $2657.00 , ·Sfleatlv, July t. 1881 - .....- .".. . " l.._ . . ¡.- J ~. AUYHORITV: ' FLORIDA ADMINIStRATIVE RULe 014.48,002 ROllpon.,blllty fo, the Coat of Automatlo Hlgbway . Grad, Orosslng Traffic Control O.vlo.. , EFFECTiVe DATI!: Ju1r 1, 1901 , GENERAL AU'rHORITY: S34.0~4 F.G, '\ SPECIFIC LAW IMPLEMEN'rED: 336.141 P.S. . .' . .. I " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /7// SUBJECT: AGENDA ITEM # cts - MEETING OF NOVEMBER 26, 1991 DECLARATION OF EMERGENCY/WAIVER OF CITY CODE DATE: November 22, 1991 We have received a request from Aimee C. Allard to hold a "loving action" on the Municipal beach on Thursday, November 28, 1991. This event involves spelling out "Love Earth" using human bodies to form the letters. There will be approximately 200 people involved in this action. At your November 19th regular meeting, the Commission by consensus agreed to approve this event contingent upon the receipt of a written request. That request has been received and this action is now brought before you for formal action. Because of the short-notice involved, the Commission must declare this item an emergency in order to waive the provisions of Section 101. 32. Recommend the Commission declare an emergency and waive the provisions of Section 101. 32 to allow the assembly of approximately 200 people on the Municipal Beach on Thursday, November 28, 1991. ~ 5-0 1\' J: t. ~, ¡fFE L".Ii "[.' , ' NOV 2 1 1991 . November 20, 1991 CITy MANAGER'S OFF/('f Dear Mr. Harden, '-'I. I would like to express my gratitude for your part 1n the City Commission I decision to waive the ordinance against s organized gatherings on the City Beaches for our "loving action " planned for 12:00 November 28, 1991 noon on (Thanksgiving Day). Details of the event are as follows: Approximately 200 people will be involved directly. "LOVE EARTH" will be spelled out on the beach, using human bodies to form the letters. Our purpose is to give thanks for our beautiful, one of a kind planet. The event is expected to take approx. one hour. Organizational teams as well as clean up teams have been formed, to 1nsure nothing, but footprints, is left behind! Car pooling 1S being suggested to participants 1n hopes of preventing any parking problems. Please feel free to contact me for any further information. Sincerely, ~ ~ ~ Aimee C. "Sunshine" Allard 525 Sunset Road Boynton Beach, PI. 33435 407-734-6739 . - - . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~1 SUBJECT: AGENDA ITEM :It C\~ - MEETING OF NOVEMBER 26, 1991 AWARD OF CONTRACT/TEMPORARY FIRE STATION NO. 5 DATE: November 22, 1991 This item is before you to approve the award of contract to Hardrives, Inc. for the construction of temporary Fire Station No. S. On October 29, 1991, the Commission authorized staff to solicit quotations for this project instead of going through the normal bid process. The consultant for this project has completed the design and has obtained the related approvals. Staff has requested quotations for construction from three contractors and have received two as of this date. Because of the time constraints involved, staff is recommending that this project be awarded to Hardri ves, Inc. If approved Hardrives can begin work in early December. Recommend approval of the award of contract for the construction of temporary Fire Station No. 5 to Hardrives, Inc. in the amount of $36,000 with funding from Decade of Excellence Bond Issue (Account No. 225-2311-522.61-57). ~ 6-0 . . Agenda Item No.: AGENDA REOUEST Request to be placed on: Date: November 20, 1991 X Regular Agenda _Special Agenda _Workshop Agenda When: 11/26/91 Description of agenda item (who, what, fhere, how much) Staff request approval for the construction 0 temporary Fire Stat~on #5 at Germantown Rd based on engineering plans prepared by Lawson and Noble. Staff recommends construction work to be accomplished by H,qrilrives. Inc. Amount $ 36.000.00. Job It 91-86. Funding source 22'-2311-522-61.57 and to waive. bidding requirements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff re~~mmends approval of Hardrives for construc- Hon of Fire Station #5 for amount of $ 36,000.00 and waiving bidding TPql1irements. Department Head Signature: /}I)I/!~ C> 0.... (#~ u"",O ,.d?rI~1 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review ~~ired on all items involving expenditure of funds): Funding available: YE ,NO Funding alternative (if aQPlicable) Account No. & Description ~25"-Z~/1 - ~~;Zk -::>ì P¡y¡1. '3J- W':$' Account Balance 100 ðVD J City Manager Review: r<.....'\ /, Approved for agenda: ~YES/~O fr! Hold Until: Agenda Coordinator Review: Received: _il~· hi Action: App ~/Disapproved I MEMORANDUM TO: David T. Harden, City Manager FROM: Kerry Koen, Fire Chief Ralph Hayden, Asst. City Engineer DATE: November 21, 1991 ! SUBJECT: Temporary Fire station, Project 91-86 The consultant for this project has completed the design and has obtained the related approvals. We have requested , quotations for construction from three contractors and have j received two as of this date. Because of the time J constraints involved we request that this project be awarded 1 to Hardrives, Inc. Hardrives is an approved contractor for ¡ Palm Beach County (County Bid Number 91-073/PR). The city I commission has approved this project to by-pass the standard : bid process at their regular meeting of October 29, 1991. Hardrives bid was $31,430.00 plus bond cost which would be approximately 1%. Therefore the total price would be t· $31,744.30. We request a total of $36,000.00 which would include any contingencies which may be needed to expedite . the process. Hardrives indicates that they can begin work ¡ early next week. Accordingly, we request this item be ~ placed on the Regular Agenda for November 26, 1991 for city ~ commission approval. j ! ~~'\'S.\,- - ~ 1 Kerry B. Koen Ralph Hayen ¡ Fire Chief Asst. City Engineer 1 . RH:mm File: RH186N21.MRM - project No. 91-86 (D) COST TABULATION Engineers Est. Florida Hardrives Pavex Lawson & Noble Blacktop Clearing $ 10,000.00 $ 24,350.00 $ 6,500.00 No Bid Earthwork 1,600.00 4,400.00 1,100.00 Rec as septic Tank 3,000.00 2,375.00 2,080.00 of 11/20/91 Flume 300.00 525.00 (incl. ) Asphalt 1 1/4 3,340.00 3,596.25 ( incl. ) 8" Shell 5,784.00 4,640.00 (incl. ) 12" Compacted 1,446.00 543.75 (incl. ) Aphalt 1 1/2" 648.00 693.00 (9,900.00) 10" Shell 1,200.00 932.20 ( incl. ) 12" Slab 3-90 619.50 (incl. ) Sod 1,987.50 ---------- ---------- Wheel stops 800.00 112.00 ( incl. ) Inlet 'c' 1,500.00 1,150.00 ( incl. ) 18" RCP 1,880.00 1,363.00 3,100.00 12" X 6" Tapping 2,500.00 5,150.00 (incl. ) Sleeve & Valve Fire Hydrant 1,600.00 ( incl. ) Jack & Bore 5,000.00 1,485.00 (8,200.00) 2" Water Service 600.00 2,840.00 ( incl. ) 1 1/2" Backflow striping 16.10 (incl. ) H/C Sign 150.00 ( incl. ) H/C Logo 16.00 (550.00) stop Bar 725.00 ( incl. ) stop Sign 150.00 (incl. ) Connect to Exist 630.00 ( incl. ) storm Drain $ 43,575.50 $ 56,461. 80 $ 31,430.00 + 1% Bond 314.30 , $ 31,744.30 -. . . ~ .-. . ........-_. '£:..,¡ '.' .'- '.".'- " - './ [ITV DF DELRAY BEA[H ~, ,) ?;;lQJ" FIRE DEPARTMENT ¿ \.~'" 'A\o.\ \o\~ M...JLM 0 RAN DUM " TO: DAVID T. HARDEN, crr'); MANAGER PROM: KERR'i B. KOEN, FIRE CHIEF DATE: OCTOBER 29, 1991 SUBJECT: CONSTRUCTION ÕF srTE WQRK TEMPORARY FIRE STATION NO. 5 A construction contract will be needed to accQmplish the site clearing, paving, drainage, utility installations, debris removal, etc_ , to accommodate this temporary fire station site. In order to meet our time objective of ~Tanuary 1, 1992, we must have the site ready to receive the temporary facility on December 13, 1991. The stand('1).-d bid process is not compatible with this time frame_ Th~rcfol-C , I l.-equest that the city Commission, at thair regular meeting of October 29, 1991, grant staff tile ilut.hox-jty to negoti~t~ for the best price available to do this work within the r.-elated time frames. Using this method, we will be able t.o maintain the original project schedule. The Environmentlll Service.s Department will be :r:esponsible for the negotiation process and the coordination of site devolopment and construction activities. The preliminary estimate by our consulting ongineers, Lav/son, Noble and Associates, Inc. , is $47,850. V~ -P;.\L ~------------- Kerry B. Kocn Fire Chief 1,SK/mmh cc: Mr. Gabriel Mr. Greenwood Mr. Kurtz j I- RI- D EPl, r-ìïfvl [h1" ,1[AI)()l)rì H II h', ..'(, 1 v'.'E :jT liT LI~NT IC ,\ V b í',U~' . IJc. I H ('IY tH'/":,H, f- LOR IDA :-n'l ¡i I] 11/1'3./'31 16: 17 HRRDR H.IE:=; It'JC. DELF-:R'( BERCH, FL. P.Ol . . DRIVEWAYS . PARKING AREAS . STREETS . GRADING . ROCK & FILL . CONCRETE WOAK RD,RIVES, INC. 2350 SOUTH CONGRESS AVENUE QUOTATION PHON E 278·0456 DeLAAY BEACH, FL 33445·7398 737·3555 To: Attn: Ralph Hayden, Civil Engineer November 19, 1991 City of Delray Beach Page One 434 S. Swinton Avenue Delray Beach, FL 33445 Nama of ProJect: Temporary Fire Facility Looatlon: Germantown Road . , Plane and Speolflcatlons: Per Lawson & NOble, Project # 91-202, Sheets 104, no reV1S10ns WE P~OÞOSE iO FURNISH ALL. LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: CLEARING & GRUBBINGI 1 LS Strip site of grass & vegetation 18 EA Remove Austrð11an Pines 8 EA Remove grapefruit trees $ 6,500.00 4 EA Remove orange trees GRADING: 175 CY Cut moved 1,100.00 2075 SV Fine grading WATER DISTRIBUTION: 1 LS 12x6 TS TV & fire hydrant 211 water service 8,200.00 4\1 Jack & bore SAN ITARY I Septic tank w/drainfield 2,080.00 1 LS DRAINAGE: 1 EA Connect to exist1ng structure 47 LF 18" RCP 1 EA lie II inlet 3,100.00 1 EA Concrete flume PAVING: 1~" $-1 asphalt, 14" local base rock, 110 Sy 1211 compacted subgrade i 685 SY 1 1/4" 5..I asphalt, 8" local base rock, 9,900.00 12" compacted subgrade . 1 V!':¡, 91 15: lE: HARDR1UES 1HC. DELPH)' BEACH, FL. P.02 . . . DRIVEWAVS . PARKING AREAS . STREeTS . GRADING . ROCK & FILL . CONORETe WORK RDRIVES, INC. 23ðO SOUTH CONGRESS AVENUE QUOTATION PHONE 27$·04ð6 DE!.MY SEACH, FL. 3344/5-7398 737·3555 To: November 19, 1991 Page Two Name 01 ProJeot: Temporary Fire Facility Location: Plane and Speolfloatlons: WE PROPOSE TO FURNISH ALL LA!OR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: TRAFFIC MARKINGS: B EA Concrete cars tops & double""11ne stalls 1 EA Handicap designations: sign & symbol $ 1 EA R1-1 stop sign w/stoP bar & double yellow 550.00 Total: $31,430.00 NOTES; . 1. Price includes layout/testing for quoted items only. I 0 2, Price excludes! permits and fees, irrigation, landscðping, fencing, 211 water meter and box, bonds, construction signs, as~bu11ts. 3. Payment due 100% upon completion, The Prlet. on thll Quotation art v.lld 'or 60 day.. Thank You. ACCEPTED BY: HARDRIVES OF DELRAY, INC. TITLE Ra~~~Oj.ct--Manager DATE j HARDRIVI!S CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROOK BASE WORK CONSTRUCTED BY OTHERS: Pow.r ,t.,r1"" and 'lit Itarll will daMs;1 uphill. W. Clnnot b. "tld ruponllblt I".r oomplttlon on thll projlcl, ar"l IInd we.dt will grow Ihrough uphall, Th. control 01 Ihu. I, Ih. rllponalblllly of Ih. own.r 0' Ih. proþ.rly. Buyer'. signed IIcceptanoe will conlltltute a bInding contra;l, In tho eVllnllhoro Ie Iny d,Ilult In payment. ;1,1, under thlt ol;l"tr'OI .nd tM' ..m.'t pl.o.d In the hllnd, of.n ,ttorn,y lor ooll.otlon, the pur· ..."n..... ~~till" .,..,,.,,~~...~ ......."./ ~"...~. I" .,~V .11 nn.t n# ",,11.."""" I..."I"~",,. ...."........,,, ...""......'. ,-- , ~ 1/21/'31 0:':::: 19 HHRDR ¡l.ÆS I NC. [JELF:H'( BEHC " FL. P,Ol , , . CRIVEWAYS . PARKING AREAS. STI'tI!:ETIII . G~ACING . I'tOCK 8c I"IL.L. . CONCRETE WORK RDRIVES, INC. PHON¡ 27G·04!UI Z3lìO SOUTH CONGftE513 AVENUe: OELRAY iii EACI-I , F'L.ORIOA 3344&·739IJ November 20, 1991 Attn: Ralph Hayden, Civil Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33445 Re: Delray Temporary Fire Facility at Germantown Road Lawson & Noble Projecr~No. 91-202 Dear Mr. Haydenl Our offi ce will commit to completion of our portion of this project by January 1, 1992, based on these conditions: 1 . That the CHy has all required permits, and issues them to us so we can commence by Monday, December 2nd or sooner; and notification of said notice by November 25th. 2. We will require unlimited access to work area during our work schedule. 3. That the City can respond on an lion-call" basis for all required inspections and all other relevent communica- tions. 4. Any days 1 os t due to weather or any other c 1 rcums tance beyond our contro 1 wi 11 extend completion date by same amount. I trust that this is agreeable to the City. If you have any further questions, do not hesitate to call. Sincerely, ~C~ Rafael C. Ballestero Project Manager RB:sd . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ C"1 i FROM: CITY MANAGER .·:n il \ab\91 SUBJECT: AGENDA ITEM :It LJ}. - MEETING OF OCTODER -29, 1991 ORDINANCE NO. 76-91 DATE: October 25, 1991 This is a second reading of an ordinance annexing land located at the southwest corner . of the intersection of Linton Boulevard and Germantown Road with initial City zoning of CF (Community Facilities) zone district, in part, and A (Agricultural) zone district, in part, in order to facilitate the construction of the Fire Station No. 5 facility. The land to be annexed is a 1.8 acre portion of what is now Blood 's Grove. The territory includes both a temporary and permanent site for Fire Station No. S. The CF zone designation is being affixed to the permanent site, with the Agricultural zone designation being placed on the temporary site and access road. The Agricultural designation is being used at the request of the property owner, who is retaini11g title to the temporary site, and who will return the site to an agricultural use after the City leaves it. In order to proceed in the most expeditious manner, it is necessary to annex the site(s) and process the site plan through the City. If we opted to proceed through the County land use process, it is likely that the site would not be operational until March, 1992. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. There were some concerns expressed with regard to traffic generation at the intersection of Germantown Road and Linton Boulevard and the effect on property values and noise on adjacent residential uses. The Board recommended approval of the annexation. Recommend approval of Ordinance 76-91 on second and final reading. PCWll1LfZ 5-0 « . .. 'J'-. C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: ~L DDRLING, PLANNER II THRU: ~j~S~CTOR DEPARTMENT OF PLANNING AND ZONING RE: MEETING OF NOVEMBER 26, 1991 ORDINANCE 76-91 - ANNEXATION OF FIRE STATION #5 SITE(S) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on second reading of the Annexation Ordinance. The proposed initial City zoning is CF (Community Facilities) in part and A (Agricultural) in part. The annexation involves 1.8 acres of land currently know as Blood's Grove on Germantown Road. The annexation is to accommodate a permanent site, temporary site, and the access easement areas between the two for Fire Station #5. BACKGROUND: Background was provided with first reading on October 8, 1991. This supplemental information provides the Planning and Zoning Board review. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held a public hearing on this item at its meeting of November 18, 1991. About 40 people were present from the public with approximately 30 people from Del Aire Golf Course in support of the petition. The public which spoke in opposition were concerned with the following: * Traffic generation and its effect on the intersection of Germantown Road and Linton Boulevard. * Compatibility with adjacent properties - effect on property values and the effect of noise on adjacent residential uses. r . City Commission Documentation Ordinance 76-91 - Annexation of Fire Station #5 Site(s) Page 2 The Planning and Zoning Board recommended approval of the request to annex the property with initial zoning of CF and A on a 5-0 vote. This recommendation was based upon positive findings with respect to Section 3.1.1, Section 3.3.2 and polices of the Comprehensive Plan as well as the following: * That the property is contiguous, reasonably compact and does not create an enclave. * That services will be provided to the property in a manner similar to other similar properties already in the City. STAFF RECOMMENDATION: By motion: Approval of Ordinance 76-91 on second reading. PD/#44/CC76-91.TXT .I I ,,~ , - c.vw. - -..... - ~ !H( wt>OO "'1 I r I SH ENNANUEl C~THOUC CHURCH IAk[v\[w COLI' COURS[ ... - OUMCAJI c emu . ... i DEWY DEWY TOWN CENTU TOWN CENTER ! PHAse: I , HAS[ . ,.. UNTO" c.uw. LAI'ØII. L4I I~ BOCA-ItA Y i I'lAlA rou CtlASI: &- I'UWAN[NT ! ~ -..- 1m . c 0- J! - ... - JI ~.~ ~~o~t FIRE STATION #5 N - 1"1 . -----.--- - ----. "-- ------. ,,-._-------------- ORDINANCE NO. 76-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 25, 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 SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN 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, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood are the fee-simple owners of that part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Begin at the Northwest corner of the Plat of Foxe Chase, according to the plat thereof recorded in plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S. 1007 ' 33", along the West line of said Plat of Foxe Chase, 272.79 fee t; thence S. 880 5 2 ' 27" W., 200.00 feet; thence N. 1007' 33" W. , 233.45 feet; thence N. 69035' 37" W. , 170.00 feet; thence N. 200 24' 23" E., 110.00 feet to the south right-of-way line of Germantown Road; thence S. 69035' 37" E. , along said south right-of-way line, 341.60 feet to the said point of beginning; and, WHEREAS, the fee-simple owners as hereinabove named have 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City ConuTlÍssion of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, which lies contiguous to said City to-wit: PERMANENT SITE - CF (COMMUNITY FACILITIES) DISTRICT ZONING That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: . .. , !I d !I Begin at the northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence S. 1007' 33" E., along the west line of said plat of Foxe Chase, 272.79 feet; thence S. 88052' 27" W., 200.00 feet; thence N. 10 07' 33" W., 200.00 feet; thence N. 68052' 27" E., 212.84 feet to the said point of beginning. ACCESS EASEMENT - A (AGRICULTURAL) DISTRICT ZONING That part of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Begin at the northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence N. 69035' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 215.00 feet; thence S. 1007' 33" E., 151. 70 feet; thence N. 68052' 27" E., 212.84 feet to the said point of beginning. TEMPORARY SITE - A (AGRICULTURAL) DISTRICT ZONING That part of of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the northwest corner of the Plat of Foxe Chase, according to the Plat thereof recorded in Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florida; thence N. 69035' 37" W., along the westerly extension of the south right-of-way line of Germantown Road as shown on said Plat of Foxe Chase, 171.60 feet to the point of beginning; thence continue N. 69035' 37" W., 170.00 feet; thence S. 200 24'23" W., 110.00 feet; thence S. 69035' 37" E., 170.00 feet; thence N. 20024' 23" E., 110.00 feet to the said point of beginning. 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 Regula- tions 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), in part, and A (Agricultural), in part, 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. · -2- Ord. NO. 76-91 :¡ .,. ; 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 provisions 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 8. That this ordinance shall become effective immediately upon passage on second and final reading. i PASSED AND ADOPTED in regular session on second and final reading on this the 26th day of November , 1991. q¡¿~ I' M A~ R ATTEST: Q ~;,)t5n~{I J/ll9f7!!r;4f;;¡ l.ty Cle First Reading October 29, 1991 Second Reading November 26, 1991 , -3- Ord. No. 76-91 "I" . c:vw. ~- -...- E....AHUEL CAni0UC CHURCH oJ L.U:.£YI£W - COlI' COUISC ~ DUNCA)! . C[ICTU .. I DnAAY 3 TOWH CDUØ C>tlAA , rKUll TOWM C1:KTtI PHASI I - UICTOlt "" IOUUY UD I~ IOCA-ur ~ PUZA ! .. & IaMY ,o.u . ~- O4U1 ~ .. - oJ - 11 FIRE STATION #5 ~:J t ...... "' · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER G'f1t-/1 SUBJECT: AGENDA ITEM :It \OA.I- MEETING OF NOVEMBER 26, 1991 TEMPORARY USE - FIRE STATION NO. 5 DATE: November 22, 1991 This item is before you to authorize the temporary use of property zoned A (Agricultural) to establish a temporary Fire Station No. S. The Commission previously discussed this subject during consideration of the lease and purchase agreements for the site for Fire Station No. S. Section 2.4.6 (H) of the Land Development Regulations provides the authority for approving a temporary use request. The review and approving authority rests solely with the Commission. Attached is a reduced copy of the site plan. While the site and development plan has not been reviewed by any Board (Planning and Zoning or Site Plan Review and Appearance) , it has been developed with input from Planning, Landscaping, and Engineering staff. The site plan was prepared under a contract administered by the Environmental Services Division. Recommend approval of temporary use of property zoned A (Agricultural) for the location of temporary Fire Station No. S. ~5-0 .. , :/< (7\) C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER - ~~Ù~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 APPROVAL OF TEMPORARY USE - FIRE STATION #5 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a temporary use involving a City operated facility. The facility is the temporary site for Fire Station #5. It is to be located on the west side of Old Germantown Road, just south of Linton Boulevard. The site is to be leased from Blood's Grove. BACKGROUND: This subject has been before the Commission during consideration of lease agreements. The authority for approving a T(,''''l¡x.''ê\~'à-- Use rests in LDR Section 2.4.6(H). The review and approving authority rests only with the City Commission. Attached is a reduced copy of the site plan. Under separate cover, Commissioners have received a full set of site development plans. While there has not been review by any Board (P&Z or SPRAB) of the site plan, it has been developed with input from planning, landscaping, and engineering. The site plan has been prepared under contract administered by Environmental Services. RECOMMENDED ACTION: By motion, approval of the selected site and site plan for the Temporary Use/Location for Fire Station #5. Attachment: * Reduction of site plan DJK/#88/CCFS5.TXT '1"1 ... I '" , @] I @ ~ "~~ [Ð ~ '~.s> I ~ ~ I r;:;:'I 0 ~ <9.9 t.Qj 't, vJ . I \ Ii.. vI") 1- I I ~Â I I @J tß~ I o~ I ~ ~J I ~ y I ? I I I [2] 1 I : I I I @] <9.- " I I " ~ 0 Q<.- -.1_~ ---~.----~ - -- - œJ . 0 I I . '¢..- (/) I 9,. W II: ~ ¿P I 0 ..- I.... I ffi. ~ 0 ~ «,. «,. ..- j æ æ J ~ to @ ..- i!1 II: U I I > 'II -.... I ,..- ~~ I ~ 0 ! a. V r;;;?1.91', àJO . Ia: <.D ..) M ~ ê· ,.., l- I Ž 10. - - \:r ~ ~¡j ~ @ .x LU -. ~ ".J.J - ~ 0 ",LU : ß \ ~ ð'~\ : ~"-. ..-.. I· ~ f ;, ~ I '9" ;:' t:. I I . ~~lr5¡S I , Z ~ O(/) I 9~ ¡ : 'i ~ ~ ~ L____ ~ -- I-~ ~ ~ I(/) w ~ .. '.V> I(j.1 -a: I '"' ~ :> ~ ~ ( S~3H.1.0 AS I I '--'« 12 ~ "9,." ~'ý\: 03dd'ý~'ýH Ž I ~ a: ~ :=: I 0 ll,!,!:;'- .Þ09 º I ~ ,ç a: I ",."" \ '" \ ('~. èj3lIV-èjl ~ ~",9\ L.L.. "ò, ~\ Q\,@....J ~ <' oJ;. 'ö1 ~ « 'J "" ~j=, =Sql:¡j,õ ,Þ9 g / I 0"'- '</, T1z ¡ ...~ ~ J W M I ~> I W~ ~ I .J.J :::> I ~ !,") 0 W ...Jo :>10 I~ 0 - IC') t";;?i , 0'> ..J 0 ~. ~ to ¡fffi ~ J- I- $ z 'I~ ~z ~ (f) I~ ~ W . ~. tJ'J « > <:- . >, IN.J.J « N' ~ - ffi 0... I >1,..: :>~ I- ~ I~ g ~ ~ f ' 1 W ",."" g: .J.J L.L. (/) > I W « ~ 1 ,..: ~ 1 In ~ ':>1 \".,.J [;51 ..' L, .~ f)f),(H l '3 .£~,t1~ oO~ N -9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS - ~ FROM: CITY MANAGER~ 7·· \. SUBJECT: AGENDA ITEM :It J ø a - MEETING OF NOVEMBER 26, 1991 ORDINANCE NO. 73-91 DATE: November 22, 1991 This is a continuation of second reading of an ordinance rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres plat) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district in part, GC (General Commercial) zone district in part, and PC (Planned Commercial) zone district in part. First reading of this ordinance was held at your September 24th meeting, at which time the applicant modified his request. That modification was to seek GC zoning for the existing Exxon and Kentucky Fried Chicken sites, GC for an additional area (new lot), AC for a proposed site (Tire Kingdom) , with the balance of the site being retained in PC zoning. The Commission remanded the modified proposal back to the Planning and Zoning Board for their recommendation. The Planning and Zoning Board was scheduled to take action on this item at their October 21st meeting; however, the applicant requested a continuance until November 18, 1991. As this ordinance had been advertised for public hearing at the October 29th City Commission meeting, the Commission opened the public hearing for comments and continued final action on this ordinance to their November 26th meeting. Subsequently, the Planning and Zoning Board at their November 18th meeting reviewed the modified petition. It was the consensus of the Board that if the modified petition is approved, the development potential for the balance of the property retained in PC would be limited to similar uses, i.e. fast food restaurants. The Board recommended denial of the modified request on a 4-1 vote. Additionally, the Board recommended that if any change is made to accommodate the original zoning request it should be subject to the condition that prior to second reading, proof is provided that the entry adjacent to KFC can be closed and a more substantial, central entry can be provided. If this cannot be accommodated, the Board recommends that the entire property remain PC. The caption advertised for public hearing contained the applicant's modification, and in light of the Planning and Zoning Board's recommendation, staff recommends that the Commission deny this ordinance and reconsider the original rezoning request on first reading. That ordinance is located elsewhere on your agenda for action. Osn I"W 5-0 ORDINANCE NO. 73-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING LOTS 1, 2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the fOllowing described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the GC (General Cormnercia1 ) District, in part, PC (Planned Cormnercial) District, in part, and AC (Automotive Cormnercial) District, in part, as defined in Chapter Four of the Land Development Regulations of De1ray Beach, Florida, to-wit: Lots 1, 2, 3 and Tract "B", DBO Acres, according to the Plat thereof recorded in Plat Book 63, Page 13 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 5.481 acre parcel of land, more or less. The subject property is located on the south side of Linton Boulevard between S.W. 4th Avenue and the Florida East Coast (FEC) Railroad, Delray Beach, Florida. 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 irmne- diately 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 ',/;;.,: , . ;:,,¿~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: PA"YßDORLING, ,PLANNER II "tLW' ika4.?s THRU: DAVID J. KOVA/S, DIRECTOR DEPARTMENT OF PLANNING AND ZONING RE: MEETING OF NOVEMBER 26, 1991 ORDINANCE 73-91 - REZONING OF D.B.O. ACRES FROM PC TO GC IN PART AND AC IN PART ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of Ordinance 73-91 on second reading. BACKGROUND: The City Commission considered the ordinance on first reading at its meeting of September 24, 1991- This ordinance involved a request to change 4.68 acres of the D.B.O. Acres site from PC to GC (including existing Exxon, KFC and vacant 3.15 acres) and .80 acres from PC to AC to allow a Tire Kingdom store. During discussions with the City Commission the applicant proposed to amend his request to seek GC for the existing Exxon and KFC sites, GC for an additional area (new lot), AC for a proposed Specialty Service Shop and retain the balance of the site as PC. The City Commission accepted the modification and remanded the revised proposal to the Planning and Zoning Board's October 21, 1991 meeting. The applicant requested a continuance to the November 18, 1991 Planning and Zoning . Board meeting. As the public hearing before City Commission was advertised the City Commission took public testimony on October 29, 1991 and continued the second reading to November 26, 1991. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the modified petition at its November 18, 1991 meeting. It was the consensus of the Board that if the modified petition is approved the development potential for the balance of the property (to be retained in PC) would be limited to similar uses (fast food restaurants). Given this factor the Board felt it was appropriate to look at the modified petition in the concept of whether the entire parcel should be developed in small fast food City Commission Documentation Ordinance 73-91 - Rezoning of D.B.O. Acres from PC to GC in Part and AC in Part Page 2 restaurants building or the site should be retained as PC in the anticipation of a more substantial development. The Board recommended denial of the modified request on a 4 to 1 vote (Purdo dissenting) but recommended if a change is made, it be to accommodate the original rezoning request subject to the following condition: * That prior to second reading, proof is provided that the entry adjacent KFC can be closed and a more substantial central entry can be provided. If this cannot be accommodated the Board recommendation would be that the property remain PC (denial of the modified and original requests). RECOMMENDED ACTION: Deny the modified request on second reading and reconsider the original rezoning request on first reading. PD/#44/CC73-91.TXT ~ANNING & ZOre'NG BOARD . tTY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: September 16, 1991 AGENDA ITEM: IV.A ITEM: from PC to GC and AC, D.B.O. Plat Rezoning ltlJ ---11n~ nM L OEWY' WAU / L " UNTON BOUl£VARD ¡ .::.:.::. '.::, ::':'::':'. '.:.::.:.::.:,:. .:.::.:.:. .:.:. .:.:. .:.:' .:.:. .:.:. ':.:.' "~' . Y' . .....,....... '. '.' c ·\1::·:':' .J).. .:. :':":":':":":':':":':':":':':":':':":':':'.:.:':',;:":":':':'.:,:.:' COSTCO ~ :..... '..., .. .,< '. .:.:.: '::.:. :":::::}::::::::::::::::::::::::::::::::::::::::::~::::::::~' ... ~ ... N - .....--. -- - l:.¿NERAL DATA: Owner,....,.....,... ... .,.......Oan Burns Oldsmobil., Inc:. and Jaun Gavilan Agent..,..,.....................Xleran J, Xllday and Locatlon.. ................,...,.On th. south slde of Linton Boulevard between S.W, 4th Avenu. and the Florida East Coalt IF.E.C,) Rallroad. property Slz..."...,.....,.....5,481 Acrel City Land Use Plan..,..,.......,General Commercial and Industrial Current Zonln9......."....,....PC IPlanned Commerclal) Adjacent Zoning.........,..,....Land to the north of the subject property i. zoned HIC (Hiked Industrial' Commercial) and 1 IIndustrial), to the south 1. I IIndustrial), and to the east and west 1. PC. Proposed Zoning,................GC (General Commercial) and At IAuto Related Commercial). Existlng Land Us..........,..,..Cas station/convenience Itore, fast food restaurant and vacant. Proposed Land Us................Exlstlng bulldlngs remaln all., and additlon of three "fait-food" establishment., and an automotive lervic. shop. Water Servlc....................Exl.ting ." water maIn run. along the north, east and most of the south side of the subject property. Sewer Servic....................Exi.tlng ." sanItary sewer lIne runs along utilIty road In the N..Ä southwest corner of the property, Into parcel '3. ,. , -. .~ (Ollllj~ A\"(h:U( . , ~ cJ w I to: OELIIAY WALL MIC PC S(LI-S10RACI NORTON TIIII UHTON BOULEVARD ~ '.:.:.:.:.:.::.:.:: '. '.:.:.:: '.: ":'::':':':':'::':':':':':':':':':':':":':':':':':'.:.:.:.: .' ~'.'. ;:) . .. "i:t.. . ~" . . '. '. '. '. '. '. .' . ... , PC ~ :.:..¿r.. .:.... .:.: .~. ':':'. ···:·:~··:·:·:··:·:·:··:·:·:·tØCC·:··:·:·:··:·:·:··:·:.:.. '. ~'. PC ~ ". ...... .~.... ............... ............ t . ~..... ...... ....... .... ;·\/::i:· :::-: ::. COSTCO ,).. ~ .:t' ~ ~ VI J ~ TUNSHIt STATION O[\,AY ..J lII<ICO~- 4{ LAVU'S W[RCUII\, 0:: NORTH 1.1./ 0 1.1./ ~ u.. Q:: Of<.l C;-, NA l. PETITION REZONING FROM PC TO GC & AC AvtNUI: A w¡WII PAlik \t JIlJJJm~T~IJJ llliJ= c: <: ... ~ ... i " . ( ,. . , .. t' . v .c w I ..: DllIU.' WALL " MIC PC 5[\J-STOIUCE ~OIlTON 1111t UHTOH BOULEVARD w ::.:.:.:.:.::.:.:. ..:.:.:....:.:.. :':':'. '.:.:.:.:.: :.:.:.:.:.:.:':.:.:.:.:.:.:.:....:.......:.. ...... ;;) ···it· . . \" '.' '. ..,..... (,,) PC ~ ":.."-¡f: ...::. ::..~ ....: '.. .~'. :". ·:·:··"P¿.:·:-:··:..:··::·..·· : ~.. PC >. .. .~.. .'. .... : .......: ...:..........:.~.:.:: :..~:\:}.\::: ...~:::: eos reo .. ~ G-c Pc Ac.. tI\ I !Irp.J.'If tII !lUnOH O(LUY ...J U.VU'$ lII/COLH- <II( W(IICUItY 0:: ~OkTH l&J 0 l&J )... L&. .. kODi ¡:IGD y t: T i ,., 01-.1 REZONING FRm1 PC TO GC & AC A yt NV( A WILLU 'AU . .1111 ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER¿~ SUBJECT: AGENDA ITEM :It I()C:-- MEETING OF NOVEMBER 26, 1991 RESOLUTION NO. 93-91 DATE: November 22, 1991 This item is before you to conduct a public hearing on a resolution modifying the Community Redevelopment Plan to provide for the Community Redevelopment Agency's participation and funding in public events, promotions, and other programs within the Community Redevelopment Area to foster economic stabilization and redevelopment. State Statutes require a public hearing be held prior to the adoption of this resolution. The hearing has been duly advertised and notices sent as required. Recommend approval of Resolution No. 93-91. . p~ 5 --0 '" . 4 , , ~ RESOLUTION NO. 93-91 II I . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA; TO PROVIDE FOR THE COMMUNITY REDEVELOPMENT AGENCY'S PARTICIPATION AND FUNDING IN PUBLIC EVENTS, PROMOTIONS, AND OTHER PROGRAMS WITHIN THE COMMUNITY REDEVELOPMENT AREA TO FOSTER ECONOMIC STABILIZATION AND REDEVELOPMENT; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSIS- ! TENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE ' PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE~ SECTION 163.360(6)(7); AND PROVIDING FOR SEVERABILITY. 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 Agency as proviqed 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 øf the City of Delray Beach completely and without limitation; and I 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 as further ratified and amended on the 9th day of April, 1991 by Resolution No. 28-91; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA" , has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said plan to provide funding for the expenditure of funds from time to time as budgeted for the purpose of fostering economic stabilization and redevelopment within the commercial areas and redevelopment within the residential areas of the Community Redevelopment Agency through the sponsoring of public events, participating in promotions, and other programs within the Community Redevelopment Agency as the Community Redevelopment Agency determines to be appropriate in furtherance of such purposes; and WHEREAS, the CRA of the City of Delray Beach has recommended the City Commission of the City of Delray Beach pursuant to its Resolution 91-8 that the Community Redevelopment Plan be further modified to provide for the expenditure of funds from time to time to sponsor and participate in such community activity events, projects, and . u__.__________ '1'~ . . , programs which will promote and further the economic stabilization and development within the commercial areas and redevelopment within the residential areas of the Community Redevelopment area; and WHEREAS, the City Commission finds that the modification conforms to the Community Redevelopment Act of 1969, as amended; and, WHEREAS, the City Commission finds that the modification is consistent with the City of Delray Beach's Comprehensive Plan; and, t WHEREAS, the City Commission further finds that the modifica- tions meets the applicable requirements of Sections 163.360(6)(7), Florida Statutes; and, WHEREAS, the City Commission shall hold a public hearing on said modification to the Plan, after public notice is given in confor- mance with the requirements of Chapter 163, Part 3, Florida Statutes; and, WHEREAS, the City Commission finds that the participation and funding by the Community Redevelopment Agency in community activity events, projects, and programs which the Community Reqevelopment Agency determines will promote and further the economic stabilization and development with the commercial areas and redevelopment within the residential areas of the Community Redevelopment Area of the City of Delray Beach, will serve the Community Redevelopment Agency's biggest objective of the eliminating and preventing the spread of slum and blighted conditions and the Community Redevelopmént Agency's economic objective to increase the level of economic activity· in the tax base within the Community Redevelopment area. 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 incorpo- rated by reference herein, as findings of fact upon which this resolu- tion is based. Section 2. The Community Redevelopment Plan is hereby modi- fied in the following respects: A. ARTICLE II, Section 2; THE FUTURE DEVELOPMENT ELEMENT; FUTURE PRIVATE DEVELOPMENT MARKET OVERVIEW, Second Paragraph on Page 26, to be added at the end thereof the following: "To further such strateqy the Community Redevelop- ment Aqency may expend funds from time to time to sponsor and participate in such .'communi ty activity events, proiects, and proqrams which will promote and further the economic stabilization and develop- ment within the commercial areas and redevelopment within the residential areas of the Community Redevelopment area." B. APPENDIX 4. Will be amended to add at the end thereof a category which will read as follows: 2 Res. No. 93-91 . -p.. , , "Economic Stabilization and Expansion with Commer- < ! i cial Areas and Redevelopment with Residential Areas. I Short Ranqe 1. Promote and sponsor community $ Amounts to be activity events, pro1ects and budqeted annually proqrams which will further the in the discretion stabilization and expansion of of the CRA. the economic environment within the Community Redevelopment area and the redevelopment of properties with the residential areas within the Community Redevelopment area." 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 circumstance, 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, paragraph, 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 ADOPTED in regU~~26th day of November , 1991. ATTEST: (J L0r.YJ'(!Ì'./' )(;1'fD !/fJ1Ir City Cle k 3 Res. No. 93-91 , ,. J:7."'".:";..:.', ... . , THE LANCET ¡ . Vol 336 LONDON AND BALTIMORE SATURDAY 22 SEPTEMBER 1990 No 8717 ¡ I t USA: More about fluoride Early this year NftIJSfJ1Uk magazine published a stOrY with ! this advice for readers: "Brush your teeth, but the fluoride . ; from your tap, :may not do much good-8nd may cause cancer". The SUpporting cancer hazard e\idcnœ was an animal study sponsored by the government's National Toxicology Program CLtmal. Feb 3, P 282). Since then, the Public Health Semœ has responded to this· and similar . news stories byreaftirming its cœfidenœ in the safety and effecåveness . of Ðuoridated drin1ång water. The NTP findings, said the PHS, were too equivocal to oonclude otherwise. The hc:ad1ines stopped. Tbe såenåflC debate, however, goes on. On Au¡ 28, ;. William L. Marcus, cbidtoxiCX>Jo¡ist for the Environmental Protc:aion A¡cncy's drinking waœr progranvne, claimed that the original tindin&s of the NTP StUdy showed the c:anœr hazard from Ðuoridated drinking waœr to be greater than the NTP was teUin¡ the public. His ana1ysis was . preserited, without endorsement from the EPA, to the .American 01emic:a1 Society'~ 200th biannual met'ring ;y, Washington. Judging from Dr Marcus' presentation, this is a case of a disa¡recment among scientists. The 'origina) study was direc:tedfrom 1985 to 1987 byOr JohnD. Toft II,manager , of the pathoJogy ,section at Battelle Memorial Institute in Columbus, Ohio. Tbe Battelle study's principal finding was the occum:nœ . ¢ an extremely rare liver· cancer, hepatoc:ho1angioc:arc:inoma, in male and female mice. In 1989, the };. "TP asked Experimental Pathology Laboratories, of Sterling, Virginia, to review Battelle's data. At this point; the liver c:anœr finding, along with a diagnosis of metap1astic and prec::anœrous oc1ls in the mouths of rats, was downgraded. The only dfcc:t of fluoride that was left after these f'C'('1·~¡fV.táons and sálI another review by a board of patho1ogists and others was om:osaram1&. Dr Marcus believes theBatte11ectia¡nosis ofJjver ~ was sound and shouoIdhave been included in the NTP report. 'Ibis, be says, wouJd c:baa¡e ..the (m"P) eqwVoaJ finding . . . to at least , some evida1c:e or dear evida1c:e of c:arånogenic:ity". " NTP's faüure to emphasise another findin¡ also figured , '.' in Dr Marcus' aitique. Three out of four in-viao teSts. be, ~ says, proved fluoride to be øuna¡enic. "suppon:in¡ the amclusicn that fluoride is. probable human carcinogen". A ' c:areÑl reader can find this infotmaåon in the t.CCt of the report, but the authors make no mention of these data in their amclusiœs. As the next sup; Dr Marcus WllDts the EPA to cooductan ind~t revieW of the NTP StUdy. The a¡cncy. however, wmts to wait for the cxxnplerion of a literature search by a Health and Human Sc:rviœs panel beaded by Dr Frmk Young, a former Commissioner of the Food and Drug Administratioq. What may rank with equal impon2nœ in the public mind to the possibility of hazard is the question of effectiveness. The National Institute of DcmaJ Research's latest estimate is that children in fluoridated areas have 18% fewer cavities than those c1rinking umrear.ed wåter. John Yamouyimnis, a biochemist and antifluoridation . leader, has ma1ysed NIDR's data and says the advanta¡e is 5% at me most. Keeping in mind that a full set of teeth bas 128 surfaœs, be says, that means the disadvantage for cbi1dreD drinking unfluoridated water will be, on the avera¡e, additional dccIy in Jess than one of those surfaces. 737 J. B. Sibbisen I ,,~ - National Federation of Federal Employee Local Z 0 Jb February 20, 1991 Dr.· Bob Carton 202-383-2383 The EPA Professionals union asserted today that the Health and Human Services report on fluoride released on Tuesday is a total vindication of their concerns that the current EPA standards are unsafe and should be drastically lowered. They also recommended that ·William aeilly, EPA AdminJ.strator, call for an immediate cessation of water fluoridation while EPA conducts their review. citing many admissions in the report of the adverse effects of fluoride exposure and of the glaring research needa, Dr. Bob Carton, Ph.D., Senior Vice-President of Local 2050, called on EPA to get on with their Congressionally mandated review. Dr. Car~on pointed out the following ~evelationø in the HHS report: 1. Dental fluorosis. a detrimental effect on the develoDina teeth of children. is on the rlse throuahout the U.S. The HHS report admits that their is an increasing exposure to fluoride from drinking water, toothpaste, mouth rinses and other sources. 2. Water fluoridation across the U.S. has been linked to bone fractures. 3. Cancer of the bone is on the rise in males throuahout the u.s. This is the same cancer found in the National Toxicology Program study on the effects of fluoride in rats. 4. Genetic damaae was found in 3 out of 4 tests conducted bv the National ~oloav Proaram. These findings give added weight to the possibility of fluoride causing cancer in humans. 5. Research is needed on the effect of fluoride on bone and teeth. on osteosarcoma. on reproductive effects. on aenetic effects. a..d DOssiblv on cancer. Dr. Carton also stated that the time has come for EPA to stand on its own two . feet and look at the risks from fluoride. exposure. "EPA should use its own scientist. and experts from around the world who have demonstrated ability in the investiqation of fluoride risks." he said. Dr. Carton recommended the followinq scientists: Dr. A.~.Susheela, the woman in charq8 of India's skeletal fluorosis eradication program; Dr. Mark Dieo.ndor! from Australia, Dr. John Colquhoun from New Zealand; Dr. Ziegelbecker from Austria, and Dr8. Lee, Burgstahler, and Yiamouyiannis from the U.s. Dr. Carton accused HHS of avoiding consulting these well-known experts to prevent an honest reevaluation of the historic position of the PHS. "The Public Health Service has a monumental conflict of inter.at in fluoridation and could hardly be expected to conduct an unbiased review of past positions, " said Dr. Carton. "IPA got burned in 1985 using a biased if not fraudulent report from the PHS" said Dr~ Carton. "EPA should avoid getting trapped again into playing politics with science." - ,"~ - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS "Y ; FROM: CITY MANAGER, ('J- ' SUBJECT: AGENDA ITEM:It lëL" - MEETING OF NOVEMBER 26, 1991 ORDINANCE NO. 54-91 DATE: November 22, 1991 This is a first reading of an ordinance amending the Land Development Regulations to provide for multi-tenant markets as a conditional use in the GC (General Commercial), PC (Planned Commercial), and CBD (Central Business District) zoning districts. This ordinance has been redrafted in order to accommodate the recommendations of the City Commission and the Planning and Zoning Board. The Planning and Zoning Board at their November 18th meeting recommended: -that the description of market be revised to delete the reference to "outdoor space"; -that the average active merchant space requirement be revised from "shall exceed 400 square feet" to "must exceed 600 square feet" ; -that a minimum of 120 square feet be established for single merchant spaces; and, -that the provision which required architectural review of the interior market space and the facades for each business location or space within the market be deleted. The Board then recommended approval of the ordinance, as amended. Subsequently, we have recei ved a letter from the Community Redevelopment Agency requesting that the Central Business District be exempted from the provi sions of thi s ordinance. A detai led staff report is attached as backup material for this item. Do uok on ~ ~ ~ - Jlu- ~ af;t:odtd 1"1 CITY RTTORNEY'S OFFICE TEL No. 407 278 4/55 Nov 20.91 12:53 P.03 . . . ORDINANCE NO. 54-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINITION", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF TH! CODE 01" ORDINANCES OF TH! CITY OF DELRAY BEACH, FLORIDA, BY !NACTING A DEFINITION FOR THE TERM "MARKET" AND BY PROVIDING RULES AND REGULA- TIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDI- TIONAL USE IN THE GENERAL COMMERCIAL, PLANNED COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has become concerned with the proliferation of markets, bazaars, and flea market type of retailing, and WHEREAS, the City Commission of the City of Delray Beach has determined that the market, bazaar, and flea market type of retailing may have a detrimental effect on property values and the quality of life for the citizens of Delray Beach unless properly regulated, and WHEREAS, it is the desire of the City Commission of the City of Delray Beach to establish controls over the development of any markets, bazaars, and flea markets within its city limits. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix A, "Definitions", of the Land Development Regulations ot the City of Delray Beach, Florida, be, and the same is hereby amended to read as follOWS I Market I A building, also known as a bazaar, flea market, or bX another name, where items· are bOU~ht from independent merchants. Each independent merchant within t e market operates at a separate and distinct location, with each location having access via a common walkway, courtyard, path, foyer, or common area. Items sold includeá but are not limited to, household items, antiques, rare items, ecorations, electronic., food, clothinq, and other miscel- laneoulI items. section 2. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General provisions", Section 4.3.3, "Special Requirements for specific Uses", of the Land Development Regulations of the Code of Ordinances of the City ot Delray Beach, Florida, be, and the same is hereby amended to read as follows I (AA) Markets I ill Description and Applicability; The special requlations of this subsection apply to retail and direct discount sales which are carried out in a market. The types of markets which are sub1ect· to the s~ecial reaulations of this subsection include retail locations w ich have a aross floor area in exceslI of 10,000 SQuare f..t. 111 Special Regulation Considerations I . " 1·'1 CITY ATTORNEY'S OFFICE I t.L ¡~G. 407 27b 4155 Nav 2O,91 12:54 P.ù4 . . (a) Traffic: The applicant shall, at the time the conditional use application is 8ubmittllld, aleo submit a trðffic study prepared pursuant to the Palm Beach County Traffic Performance Ordinance, and Section 2.4.3(E) of the City of Delray Beach Land Develoxment Requlations. The traffic statement/study .hall provi e an assessment of the impacts of the use a. a 100' traffic attractor. No accommodations shall be made for bypass trips or internal capture. On-site traffic circulation shall also be included as part of the study. In (c) Space ReQuirement.: the avera e active e e) Slqnagel . Only exterior SI~nage which identifies the name of the "market" 1. permitte. Directory sians and individual business si~ns are not permitted. Exterior window siqnage is also prohib ted. e f) Public Information Displays: Displays of pubUc information and communIty service shall not be sub1ect to theee special requlatlon conaiderations. ill Procedural ReauirementSI Conditional Use R~u1redl All uses sub ect to Section 4.4.3 AA shall be establishe onl after rev ew an approval pursuant to the condit onal use process out- lined in Section 2. 4. ~ (E) of the Land Development Reaulations of the City of Delray Beach, Florida. Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, "Base zoning District", Section 4.4.9,- "General Commercial (GC) District", Subsection 4.4.9(D), "ConditIonal Uses in Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and ·the same is hereby amended to read as follows: (8) Piea Market. pursuant to Section 4.3.3(AA) section 4. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning DistrIct", Section 4.4.13, "Central Business District", Subsection 4.4.13(0), "Conditional Use. 1n Structures Allowed.", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: OS) Markets pursuant to Section 4.3.3(AA) 2 ORC. NO. 54-91 . .,.. CITY ATiURNEY'S OFFICE. TEL No. 407 278 4755 Nov 20,91 12:54 P.05 . Section 5. 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 II whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Bection 7. That this ordinance shall become effective within ten (10) days of Its passage on second and final readin9. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1991. MAYOR ATTEST: City Clerk Firat Reading Second Reading 3 ORD. NO. 54-91 , .. · C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~.~ ~~cj~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 ORDINANCE 54-91, "MARKET ORDINANCE" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of Ordinance 54-91 on first reading. This is the "market" ordinance. While it regulates "Flea Markets" it also regulates any retail operation which is conducted in a market. A market occurs whenever more than one retailer operates out of the space building and shares a common access. BACKGROUND: This item has been before the City Commission for quite awhile. 'Ini tial the Commission saw a difference ordinance (previous draft) . At that time, direction was given to redraft the ordinance based upon recommendations from the Planning and Zoning Board. The redraft was viewed by the Commission but referred to the Planning and Zoning Board for further public review. The review occurred at a special task team meeting (CRA, DDA, Chamber, others invited), a work session of the Board, and then formal consideration on November 18th. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 18th. The following changes were recommended by the Board (they are incorporated in the draft - proposed first reading ordinance - which is before you). Definition: The accommodation of "outdoor" markets or market components has been deleted. This will firmly rule out the "Delray Drive-In" type of market. Also, in other portions of the LDRs there is a restriction on retail uses being conducted in the out-of-doors. Thus, by deleting the reference to "outdoor", further confusion is mitigated. "I ,~ City Commission Documentation Ordinance 54-91, "Market Ordinance" Page 2 (AA)(l)&(a): Rewritten for clarification. It provides for an exemption for markets with less than 10,000 sq. ft. of gross floor area. (AA)(2)(a) Traffic: Technical change, deletion of the term "statement". (AA)(2)(c) Average Tenant Space: The Board recommended increasing the average tenant space to 600 sq. ft. In addition, they recommended that their be a minimum booth size of 120 sq. ft. (Please refer to the Board's work session memo for a discussion and examples pertaining to average space and booth space.) (AA)(2)(g) Architectural Review: This provision which applies only to the interior of the building was DELETED. REVIEW BY OTHERS: Attached is a letter from the CRA in which they are seeking an exception for the entire CBB (N.E. 1st Avenue to the Intracoastal, N.E. 4th Street to N.E. 3rd Street). A problem which occurs in excepting the CBD results from the total area now being affected by the Ordinance falls below the 5% (of physical area affected) threshold and different notice requirements become applicable. These requirements call for written notice to the owners of affected property, given at least thirty days prior to the public hearing. RECOMMENDED ACTION: Either proceed with the ordinance as revised by the Planning and Zoning Board or continue for further review and discussion. Attachment: * P&Z Staff Background Doc. * Ordinance, by others DJK/#88/CCMKT.TXT · CITY COMMISSION DOCUMrENTATION TO: /'~ T. HARDEN, CITY MANAGER l\Jc~;\ ~~CQ~L FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 8, 1991 ORDINANCE 54-91, "MARKETS" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinance 54-91. This ordinance deals with the subject of control of certain types and scale of markets. The regulations would affect "markets" within the GC, PC, and CBD zone districts. BACKGROUND: This item has been before the City Commission previously. On September 10th, the City Commission -- upon receipt of the Planning and Zoning Board recommendation -- directed the Administration to revise the ordinance pursuant to the Board's recommendation along with other directives. A revised ordinance is now ready for first reading. Salient changes include: 1. changes to the definition so that markets are limited to situations in which access to the vendors is via a common area as opposed to individual business establishments which have direct access to the street system or as in shopping centers. 2. the application of the ordinance is only for situations where the operation involves more than 10,000 sq. ft. of retail space (and which otherwise qualifies as a market). 3. the establishment of an average tenant space of ~oo sq.ft. This accommodates small vendors and the "minimum" space of 120 sq. ft. and also accommodates a variety of vendor types based upon size of operation. Please see the attached material regarding the rationale used in deriving the average. .,. City Commission Documentation Ordinance 54-91, "Markets" Page 2 4. The architectural review of interiors is included at the Commission's direction; however, the Commission did indicate that the item may be deleted. 5. exceptions for certain types of markets have not been included at this time. If such exception become warranted, an amendment can be considered. However, the 10,000 sq.ft. exemption and tenant space averaging techniques may negate the need for special exceptions. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the initial proposal at a special meeting on September 5th. They recommended significant changes be made. The current proposal addresses their concerns. The Board will formally review the current draft at its regular meeting of October 21st -- prior to second reading. RECOMMENDED ACTION: By motion, approval of Ordinance 54-91 on first reading. Attachment: * Discussion sheet re averaging DJK/#86/CCMKT.TXT · TAE FOLLOWING EXPRESSES THE RATIONALE USED IN THE ESTABLISHMENT OF THE "AVERAGE TENANT SPACE" REQUIREMENT FOR "MARKETS" AS SETFORTH IN ORDINANCE 54-91 (DRAFT OF 10/5/91) In dealing with the issue of tenant space requirements, the approach of establishing an absolute minimum presented two significant problems. If it were established at a number (e.g. 600 sq. ft.) it would preclude smaller vendors; if at a number (e.g.120 sq. ft.) which while presenting the normal minimum tenant space it did not address the concern regarding impacts of intensification of use and quality of development. putting together the following parameters and desires: a) accommodating the "industry's" typical minimum of 120 sq. ft.; b) a desire to mitigate against the impacts which would be created if only the minimum were accommodated; c) a desire to encourage a tenant mix both in terms of product, diversity, and scale while not specifically regulating the wares; and, d) to have an easily understood system which could be handily administered. And, examining actual submittals (from Building Department files) and creating various mix scenarios, the average of 400 sq. ft. per tenant was established. The average tenant space (gross) also includes area devoted to common areas and walkways but excludes bathrooms, storage area, and office area. The system works as follows: Item or Step Example Determine the gross tenant space. 10,000 sq. ft. Divide by 400 sq.ft./tenant 25 tenants Round to the next full number 25 tenants The 25 tenants may be mixed in any number of ways from each tenant having 400 sq. ft. (gross) or having a major tenant with 5,000 sq. ft. and 24 tenants having approximately 208 sq. ft. each. A typical tenant mix in a 10,000 sq. ft. facility may be: 50\ or 12 @ 200 sq. ft. = 2,400 sq. ft. 20\ or 5 @ 400 sq. ft. = 2,000 sq.ft 10\ or 3 @ 800 sq. ft. = 1,800 sq. ft. 20\ or 5 @ 760 sq. ft. = 3,800 sq. ft. 25 tenants 10,000 sq. ft. .. Note: The gross tenant area does not equal booth size. By examining existing building plans it appears that 40\ of the floor area is in conunon area and walkways; thus, the relationship between tenant area (for purposes of the code) and the booth size is as follows: Gross Tenant Space Booth Size 200 sq. ft. = 120 sq. ft. 400 sq. ft. = 240 sq. ft. 800 sq. ft. = ~ sq. ft. EXAMPLE @ 600 sq. ft. Average 50% or 8 @ 200 sq. ft. = 1,600 sq. ft. 20% or 4 @ 400 sq. ft. = 1,600 sq.ft 10\ or 2 @ 800 sq. ft. = 1,600 sq. ft. 20% or 3 @ 1,733 sq. ft. = 5,200 sq. ft. 17 tenants 10,000 sq. ft. ¡ 1,1733 gross tenant area = 1,955 sq. ft. booth size DJK/#85/AVERAGE.TXT - 2 - "II CD Communìty 11/20/91 c: David Kovacs ~r. David Harden, City M CIty of Delray Beach ana; Redevelopment RAB:m1d 100 NW 1st Ave -a Agency Delray Beach, FL 33444 Delray Beach November l::?, .1."'/4 Mayor Tom Lynch and City Commissioners ßIJtJ City of Delray Beach l( þ' --- - 100 N.W. 1st Avenue ~ ,--, ~'. f' F-- Delray Beach, FL 33444 'C'a. ~I ED ~/nll I'IUV 20 RE: F1ea Market Ordinance 1991 CITY MAr . VAtj -R Dear Mayor and Commissioners: t 'S OFFICE - After careful consideration and a unanimous vote by the CRA on November 7, 1991, we recommend the foUowing change to the proposed ordinance: . EXEMPT THE CBO ZONING DISTRICf FROM THE ORDINANCE . We strongly recommend the change for th~ following arguments. . The Ordinance does not take into consideration the Arts and Crafts revival taking place in downtown Delray Beach. After great public expense to fund Old School Square and promote ,small business development in the downtown, we are facing an ordinance which could be in conflict with those policies. . The CRA is promoting the adaptive reuse of several buildings in the CBD District including Ocean City Lumber (40,000 sq. ft.), Winn-Dixie (25,000 sq. ft.) and the FP&L Building (15,000 sq. ft.). One adaptive reuse is the creation of an indoor Arts and Crafts Festival Marketplace which could be housed in the above mentioned buildings and, therefore, be subject to the ordinance. We feel that any downtown redevelopment will be subject to the public hearing process of the CRA and the City. Secondly, an Arts and Crafts Market may be subject to political pressure from suburban interest groups who would move in disfavor of such a project stating, "If you approve a Festival Market in the CBD, you are setting a precedent for other areas of the City." The parking section of the ordinance would be a major deterent to redevelopment, asking a project to provide an additional parking space for each merchant; a policy which would be in conflict with the concept of shared parJdng in the CBD and would be impossible to meet. Thank you for your consideration. . ....~~~ . ~,~\\."" .... ~ .. '. cr;i ~~;~ --' \:.~;' ~~~..: lJ p~~ . r.d w.-, ...." - Ú'<.Ú~G ~ :.-.\ '( L t' _ '.... \Ì'..''''' (>i- \; \....r '\ ì '. \ '~ " 1 S.E. 4th Avenue, Suite 204, Defray Beach, Florida 33483 (407) 276-8640 .,. 1'" . Mr. Mouw moved approval of the contract for construction 0 f temporary. Fire Statiofi~ No. 5 to Hardrives, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. FIRST READINGS 12.A. Ordinance No. 54-91. Ordinance No. 54-91, amending the Land Development Regulations to provide for multi-tenant establishments as a conditional use in the GC (General Commercial), PC (Planned Commercial) and CBD (Central Business District) zone districts, is before the Commission for consideration on First Reading . Planning and Zoning Board recommends approval. If passed, Public Hearing will be held December 10, 1991. The City Manager presented Ordinance No. 54-9l: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINI- TION" , SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SECTION 4 . 4 . 9 , "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR THE TERM "MAR- KET" AND BY PROVIDING RULES AND REGULATIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL, PLANNED COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Arthur Jackel, 784 N.W. 25th Avenue, questioned the "average" square footage requirement for single merchant spaces. Kevin Egan, Chairman of the CRA, stated that he understood the intent of the ordinance, but the CRA would like the CBD exempted. In reply to Mayor Lynch, the City Attorney stated every build- ing with a common entrance and footage greater than ten thousand (10,000) square feet would be the definition of a market. It was the majority consensus of the Commission for staff to review the following and corne back to the Commission: (1) Obtain a better definition of market and where it would be applicable; (2) Make the ordinance tougher; similar to where it -8- 11/26/91 "'111 was beforit1 and (3) Possibly working something out where the CRA would have some control in their particular jurisdiction in the Central Business District, or the possibility of exempting the CBD from the ordinance. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 9. G. Request For Funding/Old School Square. The Commission is to consider a request from Old School Square, Inc. for funding in the amount of $435,ÒOO to complete the renovation of the theater complex. Prior to consideration, a public hearing has been scheduled to be held at this time. The following people spoke in favor of the funding: Frances Bourque Chairman of the Board - OSS Ron Baker 415 Crestwood Drive, Delray Alan Armour Vice Chairman - OSS Michael Weiner 509 Oleander Lane, Delray Spencer pom~ey 1122 N.W. 2nd Street, Delray Robert Curr~e 25 Seabreeze Avenue, Delray Frank Wheat 4626 S. Lake Dr., Boynton Beach Sanç1ra Almy 1103 Vista Del Mar S. - Employee OSS Joe Gillie Board of Directors - OSS Sandy Simon On Board of OSS - Chairman of Board Morikami Museum Jerry Marshall Woodlake, Delray Debra Dowd Delray resident Gloria Adams Delray resident Tim Almy 1103 Vista Del Mar S. Board Member - OSS The following people spoke in opposition of the funding: Lorraine Kasper 3000 Spanish Trail, Delray Jerry Merkle Delray resident Lillian Feldman Chairman of Delray Breakfast Club Donna Mims Resident of Sherwood Park Arthur Jackel 784 N.W. 25th Avenue, Delray Gerald DeFoe 142 Mockingbird Lane, Delray Rosalind Murray 4240 B Village Drive, Delray George Ritchford 2129 S.W. 35th Avenue, Delray Mary Banting 946 Tropic Blvd., Delray Nancy Olmstead 947 Jasmine Drive, Delray Jay Slavin 2601 N.W. 10th Court, Delray Jean Beer 945 Tropic Blvd., Delray Mayor Lynch closed the Public Hearing. -9- 11/26/91 .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS M' FROM: CITY MANAGER_ ,.." SUBJECT: AGENDA ITEM :It I~B - MEETING OF NOVEMBER 26, 1991 ORDINANCE NO. 87-91 DATE: November 22, 1991 This is a first reading of an ordinance amending the Land Development Regulations to provide for the placing of restrictions on truck parking in the R-1A (Single Family Residential) zone district. Previously, the Commission has acted on similar ordinances designed to restrict the parking of trucks and other commercial vehicles in the R-1A zoning districts. However, as this issue was not resolved and the parking of trucks and other commercial vehicles continue to be one of the primary causes of blighted conditions in the R-1A district this ordinance is being brought back before you. As proposed, this ordinance provides for the parking of a maximum of two, one and one-half ( 1 1/2) ton trucks on lots in the R-1A zoning districts. This provision appears to be less restrictive than the ordinances previously proposed; thus, minimizing the impact on the small business person who may need to park his work vehicle at home. A detailed staff report is attached as backup material for this item. Recommend consideration of Ordinance No. 87-91. p~ ISÎ KuufL õYl Lf ~ I U~ L KAnca-.PJi D iSS8ìT! nG) ·1"' I,,, - CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 20.91 ~ ~- . = .., ¡:, . '~I ~ ... -. -'- ORDINANCE NO. ~ì -q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.ð, "SUPPLEMENTAL DISTRICT REGULATIONS" , SECTION 4.ð.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCXS, AND SIMILAR VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THB CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.13(B), "PERMIS- SIBLE PARKING" TO PROVIDE FOR THE PLACING OF RESTRICTIONS ON TRuex PARKING IN R-l1. ZONING DISTRICTS; TO PROVIDE FOR PARKING A MAXIMUM OF TWO ONE AND ONE-HALF TON TRUCXS ON LOTS IN R-1A ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, B£ IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DBLRAY BEACH, FLORIDA, AS FOLLOWS' Section 1. That Chapter 4, "Zoning Regulations", ArtIcle 4.6, "Supplemental District Regulations", Section 4.6.13, "parking and Storage of Commercial Vehicle., Boat., Trucks, anc:1 Similar Vehicles", Subsection 4.6.13(8), "Permissible Parking", of the Land Development Regulation. . of the City of Delray Beach, Florida, be, and the same Is hereby amended to read as follow.: ( B) Permissible Parkinqr truck parking shall be Section 2. That should any .ectlon or provision of this orc:1inance or any portion thereof, any parag;raph, sentence, or word be declared by a court of competent jurl.dlctlön to be invalic:1, such deci- sion shall not affect the vallc:1ity of the remainder hereot 4S 4 whole or part thereof other than the part declared to be invalid. Section 3. That all ord1nance. or parta of ordinances which are 1n conflict herewith are hereby repealed. section 4. That th1a orc:11nance shall become effective ten (10) days after ita pasaage on second and tinal reac:1ing. PASSED AND ADOPTED in regular lIession on second and final reading on thia the _____ day of , 1991. MAYOR ATTEST: Citr Clerk . First Reading Second Reading HI - MEMORANDUM TO: DAVID HARDEN, CITY MANAGER \J21.fì FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT cr.. Q:/ RE: PROPOSED AMENDMEN'l' TO TRUCK PARKING WITHIN R-I-A ZONING DISTRICTS DATE: NOVEMBER 19, 1991 ITEM BEFORE THE COMMISSION: - - Review of proposed amendment to Chapter 4, Section 4.6.13 regulating the parking and storage of commercial vehic~es, boats, trucks and similar vehicles wi thin R-1-A· zoning districts throughout the City. Directing a review and recommendation from Planning & Zoning Board and provide direction to staff on required Public Hearing date. BACKGROUND: The City Commission has had several opportunities to review proposed amendments to Section 4.6.13 that were attempting to include some restriction to the parking of trucks and other commercial vehicles in R-l-A zoning districts. The item was first presented to the Commission in October, 1990 (Ordinance # 54-90) and reviewed at a workshop meeting on November 7, 1990, revised and brought back to the Commission after P & Z review and recommendations under Ordinance #9-91 on February 12, 1991 for Public Hearing, at which time the ordinance was denied on a 5-0 vote from the Commission. The parking of large commercial and other trucks continue to be one of the primary causes of blighted conditions within R-1-A zoning dlstricts. We continue to receive complaints on such matters and the Neighborhood Task Team (NTT) continue to support some restrictions being imposed to truck parking in R-1-A zoning districts. Therefore, we are bringing this item before the Commission again, with modifications that may be less impacting on the small business person who would need to have the ability to park his work vehicle at his home. ] "I'" --- Truck Parking Ordinance November 19, 1991 Page 2 The proposed text amendment would address some of the major problems affecting R-1-A zoned neighborhoods as opposed to maximum restrictions that currently exist for all other residential zoning districts. It is staff's opinion that if we can mitigate the larger problems, in time, we might be able to further amend the codes to unify truck parking restrictions for all residential neighborhoods. Also, consideration is given to the fact that there are no commercial and/or recreational vehicle parking facilities within the City except for the opportunities that exist with storage firms. Their fees are based on the size of the vehicle and space available. The suggested amended language being recommended is as follows: To amend Section 4.6.13 (B) (1) by adding a new second sentence which would read "In all R-1-A Zoning Districts, the restrictions shall apply to trucks of one and one-half (1 1/2) ton, or greater, capacity. The change to the allowable size vehicle that would be legal to park, lessens the impact to the small business person who might have their own lawn service, delivery service or construction business. It would eliminate the ability for eighteen (18) wheelers, dump trucks, loading trucks and other large commercial vehicles from being parked within these residential neighborhoods. We would further propose to include the following language: In all residential zoning districts, no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must be used by a resident of the premises. For purposes of this section a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. RECOMMENDATION: We would recommend that the City Commission approve the proposed amendment to Section 4.6.13 of the LDR's providing for restriction to truck parking within R-l-A zoning districts and direct the Planning & Zoning Board to review and hold required public hearings on the same prior to a formal public hearing and final adoption by the City Commission. C:Trucks.LB oj IIi MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER, '-)1 I SUBJECT: AGENDA ITEM :It ,~c., - MEETING OF NOVEMBER 26, 1991 ORD I NANCE NO. 88-91 DATE: November 22, 1991 This is a first reading of an ordinance rezoning Lots 23-28, Block 5, Southridge Subdivision from R-1A (Single Family Residential) to RM (Multiple Family Residential - Medium Density) zone district. The subject property consists of six single family lots which are 50 feet wide and vary in depth from 100 to 116 feet. Three lots front on Douglass Avenue and the other three front on S. W . 8th Avenue. If the rezoning application is approved, the applicant is proposing to abandon that portion of S.W. 8th Avenue between this property and the Groves development, and then combine the property for an expansion of the Groves. The petition that was submitted involved the rezoning of a portion of the Southridge Subdivision to a multi-family designation with no regard to its final build out. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. Both the public and the Board expressed concerns with regard to the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. In order to mitigate the above concerns, the applicant agreed to amend his petition to replat the property; thus, aggregating the property into a single parcel and to provide a non-access easement along Douglass Avenue. The Board then recommended approval of the rezoning request by a 3-2 vote (PurdojNaron dissenting) , with the condition that the plat and access easement be in place prior to the Commission taking action on the second reading of the ordinance. Recommend approval of Ordinance No. 88-91, subject to the conditions as recommended by the Planning and Zoning Board. p CWJJLdL IS! ~ 6--0 II' 'a ,~ .. , ORDINANCE NO. 88-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DEL RAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. r NOW, THEREFORE, BE IT ORDAINED BY THE CI~Y COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Multiple Family Residential - Medium Density) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Flori- da, to-wit: Lots 23-28, Block 5, Southridge, according to the Plat thereof recorded in Plat Book 13, Pages 38 and 39 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 0.83 acre parcel of land, more or less. The subject property is located on the northeast corner of S.W. 8th Avenue and Douglass Avenue, Delray Beach, Florida. 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 imme- diately 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 II~ r /) . ,~ :'?- C I T Y COM MIS S ION DOCUMENTATION TO: DAV¡D T. HARDEN, CITY MANAGER FROM: JANET MEEKS, PLANNER II THRU: ~~OVACS' DIRECTOR DE A ~ANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 ORDINANCE 88-91, REZONING OF R-1A (SINGLE FAMILY RESIDENTIAL) TO RM (MULTI-FAMILY) FOR LOTS 23-28, WOODS OF SOUTHRIDGE SUBDIVISION. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinance 88-91. The property involved is Lots 23-28, Woods of Southridge Subdivision. The rezoning is from R-1A (Single Family Residential) to RM (Multi-Family). The subject property is situated between S. W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. BACKGROUND: The subject property consist of six single family lots. The property was recently purchased by Haggerty Associates who are the developers of the "Groves of Delray". It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and the Groves, and then combine the property for an expansion of the Groves. The petition which was submitted involved the rezoning of a portion of of the Southridge subdivision to a multi-family designation with no guarantees in regard to its final build out. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 18th, the Planning and Zoning Board reviewed this item before a public hearing. Concerns of both the public and the Planning and Zoning Board where the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. City Commission Documentation Ordinance 88-91, Rezoning of R-1A (Single Family Residential) to RM (Multi-Family) for Lots 23-28, Woods of Southridge Subdivision Page 2 In order to mitigate the above situation, the applicant agreed to a compromise position put forth in the staff report to ammended his petition to replat the property aggregating the property into a single parcel and the provision of a non-access easement along Douglas Avenue. (See attached staff report for additional information) The Board recommended approval of the rezoning request on a 3-2 vote (Purdo and Naron dissenting), with the condition that the plat and access easement be in place prior to the City Commission taking action on the second reading to consummate the rezoning. RECOMMEND ACTION: By motion, approval of Ordinance 88-91 on first reading with the condition that the plat and access easement be in place prior to the second reading. Attachment: * P&Z Staff Report jcm/#9:hagerty 4;11 November 18, 1991 To: David Kovacs, Director of Planning and Zoning, City of Delray Beach, Florida. From: Brian Haggerty. Re: Rezoning of Lots 23-28 inclusive, Block 5, Southridge Subdivision, from R-IA to RM. We have read the staff report and agree with their position, and request that we move forward with approval for this rezoning by our agreeing to abide by the following conditions: Change petition to agree to plat property aggregating all lots, and by providing a non-access easement along Douglas Avenue. Further, we want to reiterate that it is our inten- tion to incorporate these lots into The Groves of De1ray development plan. Thank you. Beæ.~ BH:hb .'1; Q~ CO ~,,\ ~ ",....\\ ..Lð-- ~ ~ée~~~ ~" . PLANNING & ZONING BOARD . CITY OF DELRAY BEACH --- STAFF REPORT --- . MEETING DATE: November 18, 1991 AGENDA ITEM: IILB. ITEM: RezoninR from R-1A to RM, Lots 23-28, Woods of Southridge Subdivision. Property is to be combined with "The Groves". --, "". ·-L--JI . .. L---J' .- s.w. Ilnf $'TAtn GENERAL DATA: Owner.........................Brlan Haggerty Agent..... ....................Haggerty Associates Location......................On the northeast corner of S.W. 8th Avenue and Douglas Avenue. Property Size.................O.83 Acres City Land Use Plan............Redevelopment Area '3 City Zoning...................R-IA (Single Family Residential) Proposed Zoning...............~~ (Multi-Family Residential) Adjacent Zoning...............North: R-IA East: R-IA South: R-IA West: RM Existing Land Use.............Vacant Proposed Land Use.............Subject property is to be incorporated into a multi-family project to the west. Water Service.................Existing 6" water main along Douglas Avenue. Sewer Servlce.................Exlstlng 8" sanitary sewer line along Douglas Avenue. III. B. '11;1 - . I T E M B E FOR E THE BOA R D: The item before the Board is that of making a recommendation on a proposed Rezoning from R-IA (Single Family Residential) to RM (Multiple Family Residential) for Lots 23-28 inclusive, Block 5 of Southridge Subdivision. The subject property is located north of Linton Boulevard, within the single family subdivision of Woods of Southridge and situated between S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. B A C K G R 0 U N D: The subject property consist of six single family lots. The lots were platted on September 16, 1925 as part of the Southridge Subdivision. While there is no specific development history on these parcels, it is important to note existing conditions and the relationship of this rezoning to the proposed "Groves of Delray" project. The property is vacant. Three lots front on Douglas where a fence has been erected by the Woods of Southridge Association; thus, blocking access. Three lots front on S.W. 8th Avenue which is unimproved. S. w. 8th Avenue is also fenced off within the Woods of Southridge. During annexation hearings associated with "The Groves", there was ,. clear expression, that there would be no access to The Groves via S.W. 8th Avenue. This property was recently (August 29, 1991) purchased by Haggerty Associates who has a linkage to the Groves of Delray residential project which is currently in site plan review before SPRAB. As The Groves of Delray is being processed as a senior citizen development with tax credit financing, this rezoning action is also tied to the item of affordable housing. putting all these items together, the request becomes a bit more complicated than that one would find in a straight rezoning consideration. PROJECT DES C RIP T ION: The request is to rezone six R-IA lots to six RM lots. The Lots are 50' wide with varying depths of 100'-116'. It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and The Groves, and then combine the property for an expansion of The Groves. All access to The Groves will be from other than through the Woods of Southridge. P&Z staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 2 PRO J E C T A N A L Y S I S: REQUIRED FINDINGS: 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. ( 1 ) 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 property is designated as Redevelopment Area 12 on the Future Land Use Map. Pursuant to the Land Use Element: This designation is applied to those areas which have been identified in the Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City Prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: a. The application shall be placed on hold for not more than six months while the redevelopment plan is prepared; b. the application shall be processed on a case-by-case basis with the existing Zoning Map, the Land Use Element, and Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. It is appropriate to consider this application on a case specific basis due to its limited nature (small scale) and acknowledging that the Redevelopment Plan for Area .2 is not scheduled until FY 93/94 (Ref: LUE Policy C-2.8). With respect to the "policy guidance" items, the following is provided. The existing zoning is R-I-A as is adjacent zoning to the east, north, and south. To the west Is RM (The Groves) . It 1s clear that the current zoning patter reflects existing conditions ( 1 . e. platted lots are R-I-A, unplatted parcels are RM). If the property were (as Is proposed) legally tied to The Groves, consistency would be presumed. - P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 3 The Land Use Element, through Policy C-2.8, states that residential use is most appropriate for this portion of Redevelopment Area 12. There is no distinction between the type of housing. The Housing Element, specifically through Objective B-2, sets forth policies and programs for redevelopment of substandard neighborhoods and the provision of infill housing. The Element also addresses meeting unmet housing needs of special populations. The property, since it is a part of the Woods of Southridge, is designated in the "stabilization" category; while, the vacant property to the west is "redevelopment"; to the north the designation is It rev i ta 1 i zation/rehabi 1 i tat ion " . Please refer to the later discussion under Consistency for more discussion regarding other plan policies. By combining this property (as is proposed) with the Groves it is seems that objectives of the Housing Element will be promoted. However, without such a linkage the rezoning would create an opportunity for inappropriate infill. ( 2 ) Concurrency: Concurrency as defined pursuant to Objective B-2 the Land Use Element must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. In that this is nondevelopment specific rezoning consideration only a broad approach to concurrency needs to be taken at this time. The purpose of this broader look is to insure that problem areas are identified or to determine if the increased development potential (per "upzoning") would create service provision problems. Each service is briefly addressed. Also, a comparison is made with respect to the existing development potential of six single family detached units. Water: A 6" water main runs along the south side of Douglas Avenue. While service can be extended into the site from that main, it is inappropriate to do so if the property is united with The Groves. However a connection may be required to enhance overall system reliability and functionally. Also, while a fire hydrant is located 100' south of the subject property it would not be accessible to The Groves. Thus, additional fire suppression will be required. Sewer: Similarly the 8" sewer main which exists in Douglas Avenue and which ends at a manhole adjacent to Lot 24 is not appropriate for u~e for the multiple family use. Drainage: All drainage wi 11 need to be accommodated on site. No problems are anticipated in accommodating drainage. P&Z staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM Page 4 Streets and Traffic: Pursuant to Palm Beach County Traffic Performance Ordinance '90-40, residential developments east of 1-95 are exempt from its provisions with the exception of provision of traffic generation information. A traffic statement has been provided. A total of 60 trips per day are already vested for the single family residential lots. If 14 multi family units are constructed (as is proposed), 98 trips per day would be generated. This would leave a balance of 38 additional trips which would impact the roadway system. All of the above trips would not impact the Woods of Southridge since they will be directed through The Groves project. Parks: OS standards in terms of park area are accommodated in this portion of the community. Pursuant to Section 2.4.3(K)(4)(a), an in-lieu Park Dedication Fee of $500.00 will be assessed for each residential unit. This fee will be directed to providing facilities (park components) for the new residents. Solid Waste: With the proposal to link this land with The Groves and considering the proposed nature of The Groves (senior citizen housing) , there will be less solid waste generation than would be found if individual lot (single family detached) development occurred. Because of the small scale of the project itself, there will be minimal impact regarding solid waste. ( 3) Consistency: Compliance with the performance standards set forth in Section 3.3.2, along with the required findings in Section 2.4.5, shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: Section 3.3.2 - Standards for Rezoning Actions: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. * This standard does not apply. B) Performance Standard 3.3.2(B) states: Affordable housing for moderate and middle income families, particularly first time home buyers, may be achieved through increases in density when it can be demonstrated that the increase will result in a more affordable product provided that other policies of the Housing Element are maintained. I'll · P&Z Staff Report Woods of Sout"hridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 5 * While affordable housing is tied to this rezoning application, the targeted population is limited to persons over 55 as opposed to first time home buyers. The density increase being sought is directed more to the housing type (apartments) as opposed to just increasing unit count. The application is not inconsistent with this standard. C) Performance Standard 3.3.2(C) pertains to strip commercial use. * It does not apply. D) Performance Standard 3.3.2(D) states: That the rezone shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. * As the petition stands today, it is inappropriate to rezone a portion of a predominately single family subdivision to multi-family with no guarantees in regard to its final bui'~ out. Once rezoned, the property would consist of individual multi-family lots taking access through a single family residential neighborhood. (Please refer to the discussion of use of lots of record in the LDR compliance section of this report.) * The above situation should be mitigated. One method in which this could be accomplished would be to consider a revised petitions which aggregates the property into a single parcel and which restricts access from the parcel onto streets within The Woods of Southridge (restricting access only to the north or west). Other aspects of the Comprehensive Plan: The following relates to the other aspects of the Comprehensive Plan which have some bearing upon this application. Only land use related items are addressed. Those policies which pertain to the affordable housing aspect of the request (as it relates to The Groves of Delray) are more appropriately addressed when considering that site plan application which is under review for consideration by SPRAB. Policy C-2.4, Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the rev;~~ process associated with platting and site plans and shall be effect immediately. . P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 6 * As identified earlier, as long as the property is associated with The Groves without access through the Woods of Southridge this policy is not diminished. Already there exists a boundary between multiple family and single family housing, the issue (if there is one) is essentially where that boundary should be. Policy C-4.2, If it is determined that the City should provide additional low to moderate income units through additlonal housing projects, target areas shall be identified and reflected on the Land Use Map through a formal plan amendment. However, such locations shall not occur within areas currently designated as "rehabilitation" or "stabilization" and revitalization" areas. * As identified earlier, this site is classified as "stabilization"; the purpose of the rezoning is to provide housing for a targeted area. However, if this property were linked exclusively to the property to the west, the boundaries of the residential classification map would be adjusted accordingly. Policy C-4.4, until such time as the plan amendment of Policy C-4.2 is adopted, the City shall not engage or entertain programs for additional low-moderate income housing, especially within "Rehabilitation and Stabilization and Revitalization" areas except as provided for under Goal Areas "A" an "B". . See the above response. Note: Goal Areas "A" and "B" would involve activities undertaken in programs of neighborhood stabilization and pursuant to redevelopment strategies. (4 ) LDR Compliance: Whenever an item (finding) is identified in the LDRs it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5, and special regulations found within individual zoning districts. Pursuant to Section 2.4.5(D)(1), a justification statement providing the reason for which a change in zoning is being sought must accompany the request. The code further identifies certain valid reasons for approving the change being sought. These reasons include the following: * That the zoning had previously been changed, or was originally established, in error; * That there has been a change in circumstance which makes the current zoning inappropriate; ~ lit · P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 7 * That the requested zoning is of similar intensity as allowed unòer 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 applicant submitted a justification statement which states the following reasons for the change being sought: "This change is compatible to the Future Land Use Map, in that this property isn't only within a redevelopment area of the City, but also adjacent to existing RM property. Further, this RM zoning will be necessary in the future to encourage redevelopment of adjacent properties to the north that is presently a blighted area." The applicant apparently has chosen the last of the above for a valid reason to rezone the property. Since there is no underlying designation for redevelopment areas on the Future Land Use Map, the Planning and Zoning Board will need to determine whether or not the requested zoning is of similar intensity. To assist in that decision, it may be more appropriate to consider the factor dealing with change in circumstance. That change in circumstance would be l legal combination of this property with the RM property to the west and appropriate restrictions on access. Other Considerations: The existing lots are lots of record. However, they do not meet the minimum lot area or the minimum lot width for the R-1A zoning district or the RM zone district. Accordingly, pursuant to Section 4.1.4, Use of Lots of Record: Any lot, or parcel, of record which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and min!mum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements for that zoning district, with the following exceptions. (A) Duplex and multiple family structures may not be constructed on a lot which has an area of less than that provided for as minimum lot area within the zoning district. While this section seems to preclude any multi-family development on the subject property as submitted {i.e. without a tie to The Grove~~, the aggregation of two or more lots would provide for compliance j the ability to construct duplexes or multi-family structures. · P&Z Staff Report Woods of Southridge, Lots 23-28, BloCK 5 - Rezoning from R-IA to RM Page 8 REV I E W B Y o THE R S: The development proposal is not in a geographic areas requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Notice has been provided to owners of property within 500 feet of the site and a Special Notice has been provided to the Woods of Southridge Association. No written responses have been received. Some phone calls have been accommodated. ASS E SSM E N T AND CON C L U S ION S: The key to accommodating this requested rezoning rests with being able to demonstrate a change in circumstance -- specifically, that the property under consideration is no longer a part of the Woods of Southridge but is a part of The Groves. Without such, the rezoning would be inappropriate due to: * it putting RM zoning in a stabilization area which is zoned R-I-A¡ * access for the multiple family units would travel through a single family neighborhood¡ * a potential is created for the "forced" opening up of s.w. 8th Avenue as an access to the property (and hence, into the Woods of Southridge). While an intention to accommodate the property with The Groves is stated, the petition at hand involves the rezoning of individual lots which are a part of Southridge Subdivision. Given the above assessment, it appears most prudent to recommend denial of the petition as it stands with a comment that if the petition were modified (as discussed in this report), it would be appropriate to proceed with the rezoning to RM. A L T ERN A T I V E C 0 U R S E 5 o F ACT ION: 1- Forward the petition with a recommendation of denial based upon not being able to maKe necessary findings. 2. Continue with direction. 1"j P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 9 3. Forward the petition with a recommendation of approval conditioned upon modifications to the petition. This action should be taken only if an offer of modification is put forth by the applicant. R E COM MEN D E D COURSE o F ACT ION: By motion, recommend denial of the rezoning petition based upon a determination that, as submitted, the granting of the rezoning would result in: 1. a potential use of land which is inconsistent with the Future Land Use Map and its governing policies; 2. incompatibility created by the routing of traffic from a multi-family development through an established residential neighborhood; and, 3 . the application of a zone district designation upo- individual properties which do not meet the minimu development standards for that district. Attachments: * location map showing relationship to The Groves * schematic showing how the property may be developed as a part of The Groves DJK/#87/HAGERTY. . ' . .!-.J l I J l I ß \.. I ß . 5.w. Ion S.W. 10TH STREET fIIII1]]]]] 0IIIIIJl1] II k.. II ~ II ... ~ . >- ~ ... '" ~ ;) z z: % ~ ~ ... II > ~ <C <C <C tI/ . i! ~ é ..¡ G S.W, 1104 S1Atn r/ 41 ri . . II 04 04 ..c ... ~ " ~ :5 " I I I , , I II I O.M rl/ Fi OOVCLASS ....tHut S.w. 1104 $1. , r I " , , ...~ / IlSSI( n. ~~ £.§! . n r~r ~ ~ 4Q L- -: ..¡,<",+ ¿~ Uu. n. ... YL~ ¡if ~ f- r;~ -'~ ~.. II: I I , ".¢-.Q rr T¡~ ~ aut(N' ..; - >- '" ~ - . ..; LINTON BOULEV ARD ¡ REZONING FRON R-IA TO RM SOUTHRIDGE BLOCK . '1111 '. . . \\. ~ \ t '\ "'''' ~ : ;(.Þi£, ". ,» ." WQ \~ ~ -?a.. ~ r.I',,- ~ i ,~::J'I ,- - V'&> ',;0"6 ' - ~ ðJ ~ 6" . '7 :'-ot Q . - ~ .~ '-\ , . ~~1>- (), , I~.)!\;. J - - J " . o~ \ ~~ '. "",- ..., ,,, . r::: ~3'..q \\ }!L- ~ ~ .\ ? . , · - r?Jt' - I - ð 1I'.Jr~. ~~_ ._~.. . -~ rv- 1 . . I \ I I -- ð -- I ----.~\ - ' I ' -~\ - I _ _I. ! I I ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM :It ~ - MEETING OF NOVEMBER 26, 1991 ORDINANCE NO. 89-91 DATE: November 22, 1991 This is a first reading of an ordinance rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres) from PC (Planned Commercial) to GC (General Commerical) and AC (Automotive Commercial) zone districts, in part. This ordinance incorporates the applicants initial request for rezoning which sought to rezone approximately 4.68 acres from PC to GC and .80 acres from PC to AC. That request was subsequently modified at your September 24th meeting. The impetus for the modification was the Planning and Zoning Board's recommendation of denial. At that time concerns were voiced with the regard to the effect of removing the minimum building size and the effect of traffic associated with the increased development potential. Subsequently, the Planning and Zoning Board at their November 18th . meeting reviewed modified petition which rezoned the property to a GC (General Commercial), AC (Automotive Commercial) and PC (Planned Commercial), in part. It was the consensus of the Board that if the modified petition was approved, the development potential for the balance of the property retained in PC would be limited to similar uses, 1. e. fast food restaurants. The Board recommended denial of the modified request on a 4-1 vote. As no further modification is permi tted to the caption of Ordinance No. 73-91, this new ordinance is proposed. Additionally, the Board recommended that if any change is made to accommodate the original zoning request it should be subject to the condition that prior to second reading, proof is provided that the entry adjacent to KFC c an be closed and a mo re substantial, central entry can be provided. If this cannot be. accommodated, the Board recommends that the entire property remain PC. Recommend approval of Ordinance No. 89-91 subject to the conditions as recommended by the Planning and Zoning Board. f~ IS' ~ 6-0 '1"1 . ... " f . , . . . · ORDINANCE NO. 89-91 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF , DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC i (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND I KNOWN AS DBO ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I " CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the GC (General Commercial) District, in part, and AC (Automotive Commercial) District, in part, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: GC (General Commercial) District Lots 1, 2 and the west 525 feet of Lot 3 and Tract "B", DBO Acres, according to the Plat thereof recorded in Plat Book 63, Page 13 of the PUblic Records of Palm Beach County, Florida. The above described parcel contains 4.68 acres of land, more or less. AC (Automotive Commercial) District The east 140 feet of Lot 3, DBO Acres, according to the Plat thereof recorded in Plat Book 63, Page 13 of the Public Records of Palm Beach County, Florida. The above described parcel contains 0.8 acres of land, more or les8. ; The subject property is located on the south side of Linton Boulevard between S.W. 4th . Avenue and the Florida East Coast (FEC) Railroad, Delray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 'I ,,~ · , ! I Section 5. That this ordinance shall become effective irmne- 'I i diately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. i MAYOR ATTEST: City Clerk First Reading i Second Reading ¡ ! i Ii , I :1 ¡I :1 it I ! ¡ II I :1 ¡ I fI -2- Ord. NO. 89-91 I I I --',-...,.-..- 1,,1 '\ MEMORANDUM TO: David T. Harden, city Manager FROM: Kerry Koen, Fire Chief Ralph Hayden, Asst. City Engineer DATE: November 21, 1991 SUBJECT: Temporary Fire station, Project 91-86 The consultant for this project has completed the design and has obtained the related approvals. We have requested quotations for construction from three contractors and have received two as of this date. Because of the time constraints involved we request that this project be awarded to Hardrives, Inc. Hardrives is an approved contractor for Palm Beach County (County Bid Number 91-073/PR). The City commission has approved this project to by-pass the standard bid process at their regular meeting of October 29, 1991. Hardrives bid was $31,430.00 plus bond cost which would be approximately 1%. Therefore the total price would be $31,744.30. We request a total of $36,000.00 which would include any contingencies which may be needed to expedite the process. Hardrives indicates that they can begin work early next week. Accordingly, we request this item be placed on the Regular Agenda for November 26, 1991 for City commission approval. ~~~.\.... - ~<- Kerry B. Koen Ralph Hayen Fire Chief Asst. City Engineer RH:mm File: RH186N21.MRM - Project No. 91-86 (D) ·'11It 1',1 COST TABULATION Engineers Est. Florida Hardrives Pavex Lawson & Noble Blacktop Clearing $ 10,000.00 $ 24,350.00 $ 6,500.00 No Bid Earthwork 1,600.00 4,400.00 1,100.00 Rec as septic Tank 3,000.00 2,375.00 2,080.00 of 11/20/91 Flume 300.00 525.00 (incl. ) Asphalt 1 1/4 3,340.00 3,596.25 (incl. ) 8" Shell 5,784.00 4,640.00 ( incl. ) 12" Compacted 1,446.00 543.75 ( incl. ) Aphalt 1 1/2" 648.00 693.00 (9,900.00) 10" Shell 1,200.00 932.20 (incl. ) 12" Slab 390 619.50 ( incl. ) Sod 1,987.50 ---------- ---------- Wheel stops 800.00 112.00 ( incl. ) Inlet 'c' 1,500.00 1,150.00 ( incl. ) 18" RCP 1,880.00 1,363.00 3,100.00 12" X 6" Tapping 2,500.00 5,150.00 (incl. ) Sleeve & Valve Fire Hydrant 1,600.00 (incl. ) Jack & Bore 5,000.00 1,485.00 (8,200.00) 2" Water Service 600.00 2,840.00 ( incl. ) 1 1/2" Backflow striping 16.10 (incl. ) H/C sign 150.00 ( incl. ) H/C Logo 16.00 (550.00) stop Bar 725.00 ( incl. ) stop Sign 150.00 (incl. ) Connect to Exist 630.00 ( incl. ) Storm Drain $ 43,575.50 $ 56,461. 80 $ 31,430.00 + 1% Bond 314.30 $ 31,744.30 ,,. - ,-, . ~, w··'-'...... '-".'- ,. ~ './ [ITY OF DELRAY BEA[H ~, ,) ?:;lOJ" FIRE DEPARTMENT ¿ t).'\ 'A\o.\ \o\'V ~]L9 RAN 0 U M " TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN/ FIRE CIUEF DATE: OCTOBER 29, 1991 SUBJECT: CONSTRUCTION OF SITE WORK TEMPORARY FIRE STATION NO. 5 A construction contract will be needed to a.ccomplish the site çl~aring, paving, draina.ge, utility installations, debris removal, etc. , to accommodate this temporary fire station site. In order to meet our time objective of ,Tanuary 1/ 1992, We must have the site ready to receive the temporary facility on December 13, 1991. The standard bid pl.-ocess is not compatible with this time frame_ 'X'he:n~fo:L-c , I n~quest that the City Commission, at thair regular meeting of October 29, 1991, grant staff the ilUt.ho:t- j ty to negotiate for the best price available to do this work within the :r.elated time frames. Using this method, we will be able to maintain the original project sc:h~dulc. The Environmental Services Department will be ;I:"esponsible for the negotiation process and the coordination of site. de.valopment and construction activities. '1'Ìl8. preli:minal-Y estimat7 by our consulting èngineers( Lawson, Noble and Associates, Ine. , J.s $47,850. \!~'-\~"G ------------- -------..... Kerry B. Kocn Fire Chief KBK/mmh cc: Mr. Gabriel Mr. Grccnwood Mr. Kurtz f-I RI- D EP/.\ R ïMEI', T [I LADOI,;'..\ HI' f-ì',. '.'01 v\lE ST /,[' L¡\ i~T Ie 1\ V H,U~· .. D[ I f-) J\ Y tJ!·I,CH. !-lOR IDA 33'¡'¡'l iICJi/?·1:ì·]'WO.. r /\ì~ 40l/ :J.ß5.t1660 'I'~ 11 1 '9·/':31 16: 17 H8?DRIUES INC. D~LRHY B~8CH, FL. F'. D1 .- . DRIVEWAYS . PARKIN(3 AFlEAS . STREETS . GRADING . ROCK & FILL . CONCRETE WORK RDRIVES, INC. 2350 SOUTH CONGRESS AVENUE QUOTATION PHON E 278·0456 DELRAY BEACH, FL 3344!H398 737'3~~5 To: Attn: Ralph Hayden, Civil Engineer November 19, 1991 City of Dei ray Beach P age One 434 S. Swinton Avenue Delray Beach, FL 33445 Name or ProJect: T empor ar y Fire F ac i 11 ty Looatlon' Germantown Road . . PI dS It I tI Per Lawson & Noble, Project # 91-202, Sheets 104, no reV1S1ons ans an pee os ens: WE PROPOSE TO FURNISH ALL. L.ABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWINQ: CLEARING & GRUBBING: 1 LS Strip site of grass & vegetation 18 EA Remove Australian Pines 8 EA Remove grapefruit trees $ 6,500.00 4 EA Remove orange trees GRADING: 175 CY Cut moved 1,100.00 2075 SY Fine grading WATER DISTRIBUTION: 1 LS 12x6 TS TV & fire hydrant 211 water service 8,200.00 4" Jack & bore SAN ITARY: 2,080.00 1 LS Septic tank w/dra1nfield DRAINAGE: 1 EA Connect to existing structure 47 LF 18" RCP 1 EA !tC" inlet 3 , 100.00 1 EA Concrete flume PAVINGs 1~" $- I aspha 1t, 14" 1 oca 1 base rock, 110 Sy 1211 compacted subgrade 685 SY 1 1/4" s..r asphalt, 8" local base rock, 9,900.00 12" compacted subgrade .. lL 1'3/91 16: H::: HRRDRIUES IN:. DELRRY BERCH, FL. P.1]2 ~, . DRIVEWAYS . PARKING AREAS . STREETS . GRADING . ROCK & J::ILL . CONCRETE WORK RDRIVES, INC. 2300 SOUTH CONGRESS AVENUE QUOTATION PHONE 278·04ð6 OEil.fiAY BEACH, FL 33441507398 737·3555 To: November 19, 1991 Page Two Name or Projeot: Temporary Fire Facility L.ooatlon: Plane and Speolfloatlons: WE PROPOSE TO FURNISH AL.L. L.AIOF\. MATERIAL AND EOUIPMENT TO PERFORM THE FOLLOWING: TRAFFIC MARKINGS I 8 EA Concrete carstops & double line stalls 1 EA Handicap designations: sign & symbol $ 1 EA R1-1 stop sign w/stop bar & double yellow 550.00 Total: $31,430.00 NOTES; Price includes layout/testing for quoted items only. I b 1. 2. Price excludest permits and fees, irrigation, landscaping, fencing, 2" water meter and box, bonds, construction signs, as-bu1lts. 3. Payment due 100% upon completion. The Prlc.. on thl. Quotation art v.lld for 60 day.. Thank You, ACCEPTED BY: HARDRIVES OF D!LRAY, INC, TITL! R'~ 'f~OjectManager DATE HAADRIVI!S CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROOK BASE WORK CONSTRUCTED BY OTHERS: PQw.r .t..rlng and 'aal atlrll will d.m'~1 Uphill, W. alnnQ\ b. "eld rllponllbl. Ift.t completion on thl' prol'ot. Qr..' and we.da will grow Ihrough ..þh.ll. Th, control of 11'1.., II the r.lþonalblllly of Ih. own.r cf In, þroþ.rly. Buy.r'lllgned acceptanoe will conltllute . binding oonlr,ol. In thlllYlnl \harall any d,'ault In payment, Qut ul1dtr Ihl' OQ"tr.Ol and Ih. ..m. I' pl.Q.d In the h.nde of In attorn,y lor 001l,01l0n,1he pur· chaler and/or purchuere hereby agreel \0 PIllY all ooet of ooIlIQllo", Inoludlng I re.,on.bl. altorneyll I.e. ' ,." 11/21/'31 D::::: 1'3 HRRDRIUES INC. DELRRY BERCH, FL. F'. [11 . ¡;¡RIV~WAVS . PARKING AREAS. &TI'{EI!:T!S . GRACING. ROCK Be I"IL.L. . CONCRETE WORK RDRIVES, INC. PHONE 27G·04!U5 ZUO SOUTH CONGRESS AVENUI!!: DEL.RAY &I E:ACI-I , F'I.ORIDA 3344&·7391.1 November 20, 1991 Attn: Ralph Hayden, Civil Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33445 Re: Delray Temporary Fire Facility at Germantown Road Lawson & Noble Project No. 91-202 Dear Mr. Hayden: Our office wi 11 commit to completion of our portion of this project by January 1, 1992, based on these conditions: 1 . That the CHy has all required permits, and ; ssues them to us so we can commence by Monday, December 2nd or sooner; and notification of said notice by November 25th. 2. We will require unlimited access to work area during our work schedule. 3. That the City can respond on an lion-call II basis for all req L¡ 1 red inspections and all other re 1 event commun 1 ca- tions. 4. Any days lost due to weather or any other circumstance beyond our contro 1 will extend completion date by same amount. I trust that this is agreeab 1 e to the City. If you have any further questions, do not hesitate to call. Sincerely, ~C~ Rafael C. Ballestero Project Manager RB: sd , I! ,. , ,. i ,/>'" . Agenda Item No.: AGENDA REOUEST Request to be placed on: Date: November 20, 1991 X Regular Agenda ____Special Agenda ____Workshop Agenda When: 11/26/91 Description of agenda item (who, what, yhere, how much) Staff request approval for the construction 0 temporary Fire Statlon #5 at Germantown Rd based on engineering plans prepared by Lawson and Noble. Staff recommends construction work to be accomplished by H,qrdrivp.s. Inc. Amount $ 36.000.00. Job It 91-86. Funding source 225 -2311-522-61.57 and to waive. bidding requirements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Hardrives for construc- ~on of Fire Station #5 for amount of $ 36,000.00 and waiving bidding rør¡l1; rp.mp.nts. Department Head Signature: .~}I}1~ C> o~ ~#--'t n">, () H/7;/tj/ . Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO Funding alternative (if applicable) Account No. & Description 22-5 -"2:SII·-SZz...01-bl PI tee: <sT If;:Ç' Account Balance-lW, ODD City Manager Review: ~\ '1 Approved for agenda: !(YEß/NO [~: Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved 1"1