05-08-90 Regular
~~TY OF DELRAY BEACH, FLORIDA}
REGULAR MEETING - CITY COMMISSION
May 8, 1990
6 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal a~ydeci~ion made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
I. Roll Call.
2. Invocation.
3 . Pledge of Allegiance to the Flag.
,.4 . Agenda approval.
Action: Motion to approve.
5~roval of Special Meeting minutes of April 16, 1990 and April
, 2 1990 and Regular Meeting minutes of April 2.4, 1990.
6 . Proclamations:
A. Historic Preservation Week- May 13 through 19, 1990.
PUBLIC HEARINGS
7. ORDINANCE NO. 72-89: An Ordinance rezoning property located at
the southeast corner of Lake Ida and Davis Roads (All American
Enterprises, I nc . ) from POC (Planned Office Center) to SAD
(Specialized Activities District) . City Manager and Planning and
Zoning Board recommend approval.
PUBLIC COMMENTS
8. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
9 . ORDINANCE NO. 17-90: An Ordinance designating the "Scott House"
located at 19 Andrews Avenue as a Historic site for entry into the
Local Registry for Historic Places. If passed public hearing May
22nd.
10. ORDINANCE NO. 18-90: An Ordinance amending the disability
provisions of the Police and Firefighter Pension system to provide
that disability benefits shall be reduced by workers' compensation
benefits to the extent such benefits when added to the member's
disability retirement benefit exceeds the member's average monthly
earnings on the date of disability. City Manager and City Attorney
recommends approval. If passed public hearing May 22nd.
REGULAR AGENDA
1I. CONDITIONAL USE APPROVAL: Consider request for conditional use
approval for a Level IlIA Group Home (Personal Growth) to be located
on the northeast corner of N.E. .4th Street and N.E. 2nd Avenue.
Planning and Zoning Board recommends approval (.4-3 vote).
12. DONATION OF FUNDING TO THE DELRAY BEACH HISTORICAL SOCIETY:
Approve the Historic Preservation Board's recommendation to donate
$500 from their Reserve Account (No. 001-0000-2.48-0900) to the Delray
, ,." ';;;',-\i.(
- Agenda
Meeting of 5/8/90
Beach Historical Society. City Manager recommends approval.
13. AWARD OF BID AND ALLOCATION OF INTEREST MONEY: Award contract
for Fire Station No. 2 to Pioneer Construction Company in the amount
of $1,005,879 and allocate funding from the 1987 Utility Tax Bond
(Account No. 333-2311-522-60.31/ $.421,76.4); 1989 Note Construction
Bond (Account No. 3.40-2313-522-60.31/ $.4.47,610); and 1987 Utility
Tax Bond Interest (Account No. 333-0000-301-33.00/ $136,505). City
Manager recommends approval.
1.4. APPOINTMENT OF AN INSURANCE TASK TEAM: Appoint a Task Team to
review and make recommendations regarding Employee~ealth Insurance
Rates, Alternatives and Options.
15. APPROVAL OF APPOINTMENT AND TERMS OF EMPLOYMENT FOR CITY
ATTORNEY: Appoint Jeff Kurtz as City Attorney and approve terms of
emploYment. City Manager recommends approval.
16. RECLASSIFICATION OF ASSISTANT CITY ATTORNEY POSITION: Approve
reclassification of Susan Ruby from Assistant City Attorney I to
Assistant City Attorney II. City Manager recommends approval.
17. REAPPROPRIATION OF 1988-89 UNENCUMBERED COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS: Authorize the carry forward of $290,.400 in
unencumbered fund from 1988-89 Community Development Block Grant
funds. City Manager recommends approval.
18. CITY HALL EXPANSION: Allocate $17,601.44 from the Unallocated
Interest Earnings on the 1987 Utility Tax Bond Issue to cover
miscellaneous expenses incurred in conjunction with the City Hall
expansion project. City Manager recommends approval.
19. WAIVER TO DEFINITION OF FAMILY: Consider request from the
Heights Foundation for waiver of Ordinance No. 91-88 Definition of
Family to permit five unrelated people to reside in at 3.4.4 Palm Trail.
20. REVOCATION OF A BUILDING PERMIT: Consider request from the
Pelican Harbor Homeowners Association to revoke a building permit
issued to allow the construction of finger docks.
CONSENT AGENDA
2I. REQUEST FOR FINAL PAYMENT: Authorize final payment in the amount
of $13,868.17 to Charles S. Whiteside, Inc. for completion of Atlantic
Avenue Phase II construction. Funding is available in 1989
Construction Fund- East Atlantic Avenue Phase II (Account No.
3.40-.41.43-570-60.69). City Manager recommends approval.
22. EXTENSION OF CONTRACT: Approve one year extension of contract
with America's Pros for maintenance of landscaping on Linton and
Homewood Boulevards. The conditions of the contract are the same as
that previously approved and is in the amount of $32,560 (an increase
of $2,150) with funding from Beautification Trust Fund Repair and
Upkeep (Account #119-.4151-572-33.39). City Manager recommends
approval.
23. CHANGE ORDER NO. 4- N.E. 1ST STREET DRAINAGE PROJECT: A Change
Order for the restoration of pavement on N.E. .4th Avenue from Atlantic
Avenue to N.E. 2nd Street in the amount of $13,840.55. This Change
Order is an add on to the N.E. 1st Street project for the purpose of
expediency. City Manager recommends approval.
2.4. APPROVAL OF CONTRACT BETWEEN THE CITY AND POST, BUCKLEY, SCHUH
AND JERNIGAN (PBS&J) : Approve a contract between the City and PBS&J
for architectural enhancements to the North Water Plant/Storage Tank
in the amount of $16,000 with funding from Water- N.E. 4th Avenue
Water Line Extension (Account No. 4.41-5123-536-6f.21).
25. APPROVAL OF CONTRACT BETWEEN THE CITY AND POST, BUCKLEY, SCHUH
AND JERNIGAN (PBS&J) : Approve a contract between the City and PBS&J
for engineering services related ~to. the replacement of the Master
-2-
y- ...
Agenda ,
Meeting of 5/8/90
Wastewater Pump Station at Veteran's Park in the amount of $156,.450
with funding from 198.4 Water and Sewer Contingency Account with
reimbursement from the 1990 Water and Sewer Revenue Bond Issue or Line
of Credit.
26. APPROVAL OF CONTRACT BETWEEN THE CITY AND POST, BUCKLEY, SCHUH AND
JERNIGAN ( PBS&J) : Approve a contract between the City and PBS&J for
engineering services relating to the repair of the Elevated Storage
Tank in the amount of $20,554 with funding from Water and Sewer
Capital -Building (Account No. .4.41-5l61-536-60.31) .
27. WATER SERVICE AGREEMENT: Consider approving .a water service
agreement between the City and Service Station, Inc. new owners of the
Gulf Station located on the southwest corner of West Atlantic Avenue
and Military Trail. City Manager recommends approval.
28. FINAL PLAT APPROVAL: Approve final plat for Ocean Crest
Condominiums a 16 unit condominium complex to be located on the east
side of State Road AlA, south of Linton Boulevard between Bermuda High
South and Costa Del Rey North condominiums. Planning and Zoning Board
recommends approval subject to conditions.
29. FINAL PLAT APPROVAL: Approve final plat for a replat of Old
Harbor Square located on the northeast corner of Federal Highway and
Linton Boulevard. The Commission had previously approved a final plat
for this property, however, a recent change in ownership necessitated
a need to divide interest in this project. Planning and Zoning Board
recommends approval subject to conditions.
30. TEMPORARY TENT PERMIT: Approve request from the National Church
of God for a temporary tent permit to erect a tent, on May 12, 1990,
in the parking lot at 133 S.W. 13th Avenue. City Manager recommends
approval.
3I. REQUEST FOR DOCK AND DOLPHIN PILE VARIANCES: Consider request
from property owner at 319 S.E. 7th Avenue to construct a dock and two
dolphin piles. City Engineer recommends approval.
32. REQUEST TO ERECT SIGNS: Consider a request from the Soroptimist
Club to erect s'igns on both north and south bound Federal Highway at
the City's entrance. City Manager recommends approval.
33. AWARD OF BIDS AND CONTRACTS:
A. Replacement of 15 inch Gravity Sewer Main- S.E. 1st Street-
Southern Pipeline, Inc. in the amount of $21,042.50 with funding
from Water and Sewer/ Sewer Systems, Mains and Lines (Account No.
.4.41-51.41-536-60.66).
B. Radio Maintenance- Police Department- Motorola Communications
and Electronics in the amount of $52,475.40 with funding from
Repair and Upkeep- Equipment (Account No. 001-2113-521-33.32).
C. Water Main Installation- Country Club Acres- A.O.B.
Underground, Inc. in the amount of $52,475..40 with funding from
Water and Sewer/ Sewer Systems, Mains and Lines (Account No.
441-51.41-536-60.66).
D. One Economy Pick up Truck- Utility Billing- Dimmit Chevrolet,
Inc. (State Contract) in the amount of $8,99.4.88 with funding
from Water and Sewer- Utility Billing Capital Outlay (Account No.
.4.41-5112-536-60.89).
3.4. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney I
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
May 8, 1990
6 P.M. ADDENDUM Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
THE PROCEDURAL AGENDA IS AMENDED TO INCLUDE:
6B. PROCLAMATION: Police Week- May 14 through 20, 1990 and Peace
Officer Memorial Day- May 15, 1990.
THE FIRST READING PORTION OF THE AGENDA IS AMENDED TO INCLUDE:
lOA. ORDINANCE NO. 19-90: An Ordinance amending the Code of
Ordinances to allow directional signs for streets to be located on
rights-of-way within residential subdivision describing the internal
street system of the residential subdivision. If passed public hearing
May 22nd.
THE REGULAR AGENDA IS AMENDED TO DELETE:
11. CONDITIONAL USE APPROVAL. . . (Personal Growth) : This item was
removed at the request of the applicant.
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
11. AUTHORIZATION TO SUBMIT OFFER OF JUDGEMENT: Authorize the City
Attorney's Office to submit an offer of judgement in the amount of
$7,000,000 to settle City v. Aero Dri et al. litigation.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
32A. AUTHORIZATION TO SUBMIT AN APPLICATION FOR SUMMER FOOD PROGRAM:
Authorize staff to submit an application to the Department of
Education requesting free lunches for summer camp program attendees.
j~l~ nF DELRAY··· qER[
1 . ~ :,. ,,,,, ~H
WHEREAS, the Congress and President of the United States
have designated May 15 as Peace Officers Memorial Day, and the
week in which it falls as Police Week; and,
WHEREAS, the members of the Police Department of the
Ci ty of Delray Beach play an essential role in safeguarding the
rights and freedoms of the citizens of the City of Delray Beach;
and,
WHEREAS, it is important that all citizens know and
understand the problems, duties, and responsibilities of their
Police Department, and that members of our Police Department
recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence or disorder, and by
protecting the innocent against deception and the weak against
oppression or intimidation; and,
WHEREAS, the Police Department of the City 0 f Delray
Beach has grown to be a modern and scientific law enforcement
agency which increasingly provides a vital public service,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of May 1.4-20,
1990, as
"POLICE WEEK"
and call upon all citizens of the City of Delray Beach and upon
all patriotic, civic, and educational organizations to observe the
week with appropriate ceremonies in which all of our people may
join in commemorating police officers, past and present, who by
their faithful and loyal devotion to their responsibilities have
rendered a dedicated service to their communities and, in so
doing, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens.
I FURTHER call upon all citizens of the City of Delray
Beach to observe Tuesday, May 15, 1990, as
"PEACE OFFICERS MEMORIAL DAY"
in honor of those peace officers who, through their courageous
deeds, have lost their lives or have become disabled in the
performance of duty.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 8th day of May, 1990.
MAYOR
THOMAS E. LYNCH
SEAL
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ORDINANCE NO. 19-90
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING \
¡
REGULATIONS", CHAPTER 162, "SIGNS AND BIt1;.BOARDS" , I
SECTION 162.040, "DIRECTIONAL SIGNS", OF 'PHE CODE OF I
I
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
,
AMENDING SUBSECTION 162.040(A), TO CLARIFY THAT i
t)IElECTIONAL SIGNS REFERRED TO IN OUR OFF-PREMISE I
SIGNS BY REPEALING SUBSECTION (C), BY ENACTING A NEW
SUBSECTION (C) TO PERMIT DIRECTIONAL SIGNS WITHIN
RESIDENTIAL SUBDIVISIONS AND DEFINING CRITERIA
THEREOF; PROVIDING A GENERAL REPEALER CLAUSE; ,
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE ,
D1o.'I'E. I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION or THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1- That Title 15, "Building Regulations", Chapter
162, tlSic¡nsF and Billboards", Section 162.040, Subseotion (A) of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
(A) ee~erai Directional signs limited to a maximum of six per
civic organization, church, or recreational faoility and limited to
a maximum of four per business or residential development may be
permitted in city street right-of-way SubjeC¡ to the approval of
the Public Works, engineering, and Buildin9 Departments. Signs
located other than on city rights-of"way shall be permitted to
continue at appropriate locations until otherwise notified. The
designation of the maximum nwnber of direc1:ional signs is not
intended to imply that each qualifying applicant is entitled to the
maximum. The number of directional signs permitted for each
qualifying applicant, up to the maximum, shall depend upon the
needs of the traveling public as determined by the above city
departments. The dimensions of the directional signs shall be 8
inches by 30 inches per sign. 'I'he si9ns will be designed and
installed in accordanoe with city specifications at the expense of
the applicant. When directional signs are located at a street
intersection, they shall be placed on the side of the street
opposite the side on which there are street signs.
Section 2. That Title 15, "Building Regulations", Chapter
162, "Signs and Billboards", Section 162.040, "Directional Signs", of
the Code of ordinances of the City of Delray Beach, Florida, is hereby
amended by repealing Subsection (C).
Section 3. That Title 15, "Building Regulations", Chapter
162, "Signs and Billboards", Section 162.040 "Directional Signs", is
hereby amenðed by enacting a new subsection. .( C) to read as follows;
(c) Residential subdivisions containing twenty-five (25) or
more living units may have a maximum of four (4) directional signs
placed in the public or private rights-af-way located wholly within
the subdivision. Such directional signs shall be limited to 8 feet
in height, with a sign face not exceeding 16 square feet or 4 feet
in width or height. The directional sign will contain information
related only to the internal street system of the residential
subdivision. Directiona.l signs with sign faces greater tha.n 4
square feet shall be subject to review and approval by the
Community Appearance Board.
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JRNE''{ 'S OFF I CE TEL ~jo. 407 278 4755 May 07,90 13:46 F' JI5
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Section 4. That all ordinances or parts of ordinances which
are. in conflict herewith be and the same are hereby repealed.
Sect~~m 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 deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective ten
(10) days atter its passage on second and tinal reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of I . , 1990.
i MAYOR
ATTEST: .
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City Clerk I
First Reading ~
Second Reading
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2 ORD. NO. 19-90
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CITY mORNEY'S OFFICE 310 S.E. 1st STREET. SVITI! 4 DHRAY BEACH, FLORIDA 33433
407/243-7090 n:LECOPIER 407/2 78~ 7 S5
MEMORANDUM
Date: May 7, 1990 '.
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: subdivision Directional sian.
Proposed Ordinance No. 19-90 is being placed on your agenda for
first reading and consideration at the May 8, 1990 meet.in9.
This ordinance comes to you because of the problem that the
Tropic Isle sUbdivision has had in improving their directional
signs. By directional signs I am referring to the placement of
a map or siqns indicating the direction ot streets within a
development to qUide vehicular and pedestrian traffic around
the subdivision. This pro1;,lem is particularly acute 1n the
Tropic Isle subdivisions due to its layout.
There are two sections which deal with directional signs in the
City's sign code, being section 162.040(&) and 162.040(c).
section 162.040(a) allows the placement of small street signs
giving direction to a particular civic organization, church
recreational facility, or residential development but is not
use~ for directions to other streets. Subsection (c) had been
desic¡ned to allow directional signs for giving guidance to
other streets within residential subdivisions, however, its
provisions were antiquated anc1 no permit.s have been issued
pursuant to the provisions of that section for some time. The
attached ordinance woul~ allow ~1rect1onal signs for streets to
he located on rights-of-way within residential subdivisions
describing the internal street system of the residential
subdivision.
The ordinance has been reviewed by the communi ty Appearance
Board, staff and Tropic Isle representatives an~ it has met
with their approval. Should you have any questions concerning
this matter, please ~o not hesitate to contact our office.
~~
Atta.chment
cc: Robert A. Barcinski, Acting City Manager
Lula Butler, Director of Community Improvement
Jerome sanzone, chief Building Official
Joyce Desormeau, Signs/License Administrator
Alison MacGregor, City Clerk
Members, Community Appearanoe Board
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CITY AnORNEY'S OFFICE 310 S.E. 1st STREI-:r. SUITE 4 DELRA Y BI:ACH. nORIDA 33483
407/243.7090 TF-:LtCOPJER 407/2784755
MEMORANDUM
Date: May 7, 1990
To: City commission ¡~
From: Jeffrey S. Kurtz, City Attorney ~~
Subject: City of Delray Beach v. AerO-Drii~t ale
As the Commission is aware, this case has been pending for more
than two years and is currently set for trial on Judge Rodgers'
docket beqinnin; May 21, 1990. It is anticipated that the
trial will take three weeks and that the City, upon receiving a
favorable judgment, will have to pursue the various defendants
a;;ressivelY, perhaps through further litigation in order to
collect the entire judgment. The defendants in the case have
been vi;orously attempting to get the case continued which
would move it off of Judge Rodgerst docket until some time in
1991.
The City has expended over $3.2 million dollars in addressing
the problem and anticipates continued expense for a number of
years related to the operation of the air stripping system
which cleanses the water from our contaminated 20-ser1es well
Field. It is our office's recommendation that the City
Commission authorize the City to file an otfer ot jUdgment in
this case for $7 million dollars. If accepted by the
defendants and upon payment of $7 million dollars, we would
release them from any further obliqat1ons with respect to our
damagos.
If you should have any questions concerning this matter,
please do not hesitate to contact our office.
JSK:sh
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MEMORANDUM
TO: Robert A. Barcinski
Interim City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Summer Food Service Program for Children
DATE: May 4, 1990 -
BACKGROUND
For the last three ( 3 ) years, the Department of Education has
subsidized a free lunch program for the children in our day camp
programs at Pompey Park, Carver Middle School, and the Community
Center. There is no cost to the children or the City and the
program provided over 13,000 lunches last year that cost the
Department of Education $l8,000 - $21,000 for all three sites.
Since the program has not yet been bid this year we will not know
the exact price but expect it to be in the same range.
ACTION
I request City Commission's approval to again make application
this year for the free lunch program for our day camp program.
RECOMMENDATION
Recommend Commission approval to submit application for free
lunch program.
Parks and Recreation
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RECEIVED
MAY 0 4 90
\ P1.ANNING&ZONING;
" ~
May 4. 1990
- "- ..
Via Hand Delivery
Mr. David J.,. Kovacs.
Planning Director
City of Delray Beach
101 N.W. 1st Avenue
Delray Beach. Florida 33444
Re: Center for Personal Growth. Inc./Application for
Conditional Use Approval and Site Plan Approval. Lots
3 & 4, Block 7 , DEL IDA PARK, a/k/a 401 N.E. 2nd
Avenue, Delray Beach, Florida
Dear Mr. Kovacs:
The unders igned applicant hereby withdraws the above-mentioned ,
applications which are scheduled to be heard before the City
Commission of Delray Beach on May 8, 1990. We ask. that this
item be removed from the agenda.
Our reasons for withdrawing the applications have to do with
business priorities and do not reflect any dissatisfaction with
the manner in which our application has been processed. We - -
appreciate the splendid helpfulness and cooperation of you and
your staff concerning this matter.
Sincerely yours.
CENTER FOR PERSONAL GROWTH. INC.
BY~\~~
orris Yo ,
President
0189S
cc: City Manager, City of Delray Beach
·
- .¿¡,;,,;{føtV'iIÞ'
~"ii>t' '/^':t<'~"'~'Æ'J<";~
~~~i:,: ''.~~,:1f'':~~1;l¥:''
I' i~:f'
1 [ny OF DElAAY BEA[H'
.«,^,.:.:;:":':~~':
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: May l, 1990
To: Robert A. Barcinski, Acting City Manager
David Kovacs, Director of Planning and Zoning
Pat Cayce, Historic Preservation Planner
From: Susan A. Ruby, Assistant City Attorney
Subject: Personnel Growth, Group Horne, -- C.O.A. Appeal
I have reviewed the Historic Preservation Ordinance regarding
the need for certificate of appropriateness for certain actions
taken in Historic Districts and find under Section 174.30,
"Basic Requirements", that a certificate of appropriateness is
needed for listed items regarding building structures, improve-
ments, etc. However, there is no requirement listed therein
which would require conditional uses to receive C.O.A.
approval~~__
Section l74.32, Initiation and Procedure, sets forth in Section
(A) , a notice requirement only for certain site plan, rezoning,
conditional use applications. The purpose of this section is
just to inform the Historic Preservation Board of pending
action and to receive a recommendation from them (not C.O.A.
approval) regarding these types of matters.
Therefore, the appellate procedures referred to in Section
174.32(G) regarding denials of certificates of appropriateness
are not applicable to situations regarding denials of a recom-
mendation for conditional use. Simply, a recommendation for a
denial by the Historic Preservation Board is just a recommenda-
tion and should be forwarded on to the next step in the review
process.
Please do not hesitate to contact me should you desire further
d~ on this matter.
S . 1
cc City Commission
Jasmin Allen, Planner I
,
,
PLANNING AND ZONING DEPARTMENT MEMORANDUM
,..,... \~,-:- '~-~) .......,.
TO: USAN RUBY, ASSISTANT CITY ATTORNEY _u_._~ì.\~.·. ~D'" ,"
~~0~ ! ~ :. . -'-"
() ~;. :; ~ [....~ ~.~ ~~.~' ~'~~";~i'~~.?
FROM: J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: APRIL 20, 1990
SUBJECT: PERSONNEL GROWTH, GROUP HOME, -- C.O.A. APPEAL
--
At its meeting of April 20th, the H.P.B. denied a C.O.A. for the
conditiona~ use of a Level IIIA Group Home at the corner of 4th
and 2nd (NE).
As I checked the code for the section under which the COA is
required and the criteria for approval or denial and the appeal
process I found that 174.32(A) requires the conditional use to go
before the HPB and subsequent sections, (B) on, provide the COA
processes schedule. However, I note that 174.30 (A) does not
specifically require a COA for the use; but l74.30(D) does not
provided that a COA is not required.
---
174.32 (G) Pfovides the process for appealing a denial. I note
that the Board must submit its reasons for denial within 10 ten
days and then the applicant has 30 days for filing an appeal. (I
hope my code is not out of date, but this process seems to
conflict with a memo I've seen re a sign appeal).
Anyway, I talked with Bill Mayer, applicant's representative, and
he has agreed to not going before the City Commission until May
8th (instead of April 24th).
Could you look into this matter vis-a-vis the COA and the basis
of denial?
Jasmine Allen and Pat Cayce will provide you with any information
and assistance you need.
c:
Jasmin Allen
Pat Cayce
Project File
DJK/#61/GROUPI1I.TXT
..
C I T Y COMMISSION DOCUMENTATION
TO: C~~~L LEVERETT, ADMINISTRATIVE ASSISTANT III
~ .~ --.s \~ ';t;
ù'- . '\ QQC-G'::...¡" .
FROM: DAVID J. KOVACS, DIREb'OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 24, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ALLOW A
LEVEL IIIA GROUP HOME AT THE NORTHEAST CORNER OF N.E.
2ND AVENUE AND N.E. 4TH STREET. (Personal Growth, Inc. )
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of conditional use request for a Level III Group
Home at a site within the RM-IO zone district.
The site under consideration is located at the northeast
corner of N.E. 2nd Avenue and N.E. .4th Street and is
presently the site of a nine unit apartment building with
attendant accessory structures.
BACKGROUND:
There is no significant development history with respect to the -
site. The P&Z Staff Report, page l, provides a project
description which highlights the definition of a Level IIIA Group
Home and the applicant's intent.
The project analysis is also contained in the staff report. The
staff assessment of the request was that it was appropriate for
the area, given benefits to be realized from upgrading of the
site and the transitional area of the immediate area.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on this
conditional use on April 16, 1990. The request was forwarded
with the following recommendation which passed on a 4-3 vote
(Bridges, purdo and Coopersmith dissenting):
"approval based upon a finding that, in accordance with
Policy A-6.2 of the Housing Element, the use of the site is
such a manner that will aid in the stabilization of the
area; and upon a finding of general compliance with the
standards for evaluating a conditional use request as set
forth in Section l73.848(B), subject to conditions as listed
in the Planning and Zoning Board staff report and with the
further condition that the permitted residents be female
only."
The following expressions, comments, and positions were put
forth by Board Members with respect to the recommendation:
Schneider: the existing condition of the site is a supporting
factor for approval in that upgrading will be
achieved
Coopersmith: did not agree that it was appropriate for the area
Klarer: support for Mr. Schneider's view point and noted
that the clientele are of a voluntary nature
Schmidt: felt that the area was transitional in nature and
doubted that after it was established that it
would have any impact at all. Noted that if the
facility were proposed more within the Del Ida
neighborhood that he might view it differently.
·
-
purdo: disagreed with locating such a facility in
Pineapple Grove and felt a better use of the site
would be for an office building which would bring
activity to the area; he would support a more
positive use for the site.
The Board heard testimony in support from the project's
representative and in opposition by CJIary Lou Jamison who
represented the Del Ida Homeowners Group. In addition, there has
been one letter received in support and one in opposition from
property owners who received notice of the hearing.
HISTORIC PRESERVATION BOARD CONSIDERATION:
A Certificate of Appropriateness is required. The Historic
Preservation Board at its meeting of April 20th considered the
Certificate of Appropriateness. Upon motion, the Board denied the
Certificate of Appropriateness for the conditional use. However,
it has been subsequently determined that the Board may only make
a recommendation versus final action on the Conditional Use
aspect of the Certificate of Appropriateness. The Board's action
is thus forwarded to the City Commission as a recommendation of
denial on the Conditional Use aspect of the Certificate of
Appropriateness.
RECOMMENDED ACTION:
By motion, approval of the requested conditional use request
pursuant to the recommendation of the Planning and Zoning Board.
Attachments:
* P&Z Staff Report of April l6, 1990
REF/DJK#60/CCGROUP.TXT
f~L,ANf\.J 1 f'JG. B. ,ZO~f"-lG GÛHF\O (, I
- -- STAFF REPORT - - -
CITY OF OELRAY BEACH
.
MEETING ffiTE= APRIL 16, 1990
AG~ ITEM: III.B.
CONDIT IONAt'1.fS£, PERSONAL GROWTH, INC. (GROUP HOME) WITH ATTENDANT
ITEM: SITE PLAN AT THE SOUTHEAST CORNER OF N.E. 2nd AVENUE AND N.E. 5th STREET
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GENERAL DATA:
Owner.......................... .Charles I. and Jeanne Goodson
Age n t. . . . . . . . . . . . . . . . . . . . . . . . . . . C en t e r for Personal Growth, Inc.
Norris Yoffe, President
Location........................Northeast corner of Northeast 4th
Street and Northeast 2nd Avenue.
Property Size............ ....... .29 Acres
City Land Use Plan.... ..........Residential Transitional
City Zoning.. ...................RH-IO (f'iul tiple Family)
Adjacent Zoning..... ............North, West, and East of the
subject property are zoned RM-10,
the South lS zoned GC.
Existing Land Use...............9 unit multiple family residence
Proposed Land Use...............Fcmale only, intermediate
l"'~sidential care facility ln
connection \-/i th alcohol and drug
"buse rehabilitation
Water Service...... .............Existing on-site
Sevle r S e r v ice . . . . . . . . . . . . . . . . . . . E ;.: i s tin 9 0 n - sit c AGENDA ITEM: III. B.
\
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ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a conditional use request for a Level IIIA
Group Home. Associated with the request is a site and
develop~~~~ plan which addresses site upgrading.
The application involves an existing structure located at
the northeast corner of N.E. 2nd Avenue (Pineapple Grove
Way) and N.E. 4th Street.
BACKGROUND:
Development History: There are no files nor previous use history
with respect to this site. The site is occupied by an apartment
structure which is currently inhabited. A second structure has
living accommodations and a garage.
Recent development activity in the area includes the approval of
a conditional use for an Interior Design Professional Office
(under RM-lO zoning) on the parcel adjacent to the east. In
1988, a request for renovation and intensification of use at the
gasoline station on the southeast corner of 2nd and 4th was not
approved. Other development activity in the area was
controversial only with respect to the issue of right-of-way
dedications along N.E. 4th Street. This matter is well
documented in the Professional Office (adjacent property) staff
report.
Project Description: The generic request is for a Level IIIA
Group Home which is described in Section l73.066(C)(6) as:
"A facility licensed by HRS to provide a family living
environment, including supervision and care necessary to
meet physical, emotional, and social living needs of
permitted residents, not to exceed a maximum of 20 permitted
residents. It mayor may not provide education and
training. Direct 24-hour supervision is not required at all
times. A staff ration of one on-duty supervisor to eight
permitted residents is appropriate. The permitted residents
require mainly personal care, shelter, and other support
services."
The applicant's statement expands upon the use as follows:
"Applicant intends to utilize the premises for a female
only, intermediate residential care facility in connection
with drug and alcohol rehabilitation. These facilities
shall not be utilized for crisis intervention or other
intensive care modalities, but rather will be a residential
facility intended to acclimate persons recovering from drug
and alcohol abuse as a last step to entering an unsupervised
residential environment."
(.
.
P&Z Staff Repor·t (........... :,
Personal Growth Group Home - Conditional Use
Page 2 .
Physical changes to the property are to include:
* refurbishing of the main building resulting in eight
apartmenct::ªs is currently the case
* partitioning the existing garage apartment to two units
* enclosing the garage spaces which open onto N.E. 4th Street
and using the area for storage
* provision of on-site parking
* general refurbishing of the grounds and building.
PRO J E C T A N A L Y S I S
STANDARDS FOR EVALUATING CONDITIONAL USE APPLICATIONS: The
following analysis is conducted pursuant to Section 173.848(B).
Where appropriate, the evaluation is conducted with respect to
the current use of the property as a nine unit apartment complex.
( I ) Ingress and Egress: There is no significant change to
ingress and egress to the site with the exception that the garage
area which fronts on N.E. 4th Street will be closed off thus
reducing points of access onto N.E. 4th Street. Further, the
amount of average daily traffic (ADT) will decrease under the
proposed usage in that occupancy will be limited to twenty (20)
individuals whereas a greater number could occupy the property as
an apartment complex.
( 2) Off-street parking and loading: A loading area is not
required. provisions are being made for eight parking spaces.
This number of spaces meets requirements of 173.066(F)(3). All
spaces are designed so that a vehicle may enter and depart the
site in a forward manner. Restrictions on the activities of the
permitted residents (with respect to car use) will lessen parking
demands from what they may currently be in an unrestricted nine
unit apartment complex. A portion of the parking area is to be
provided on grass (as allowed by code). Paving will be provided
in order to accommodate on-site maneuvering.
( 3 ) Refuse and service areas: Refuse 'will be accommodate
through standard roll-out carts. No significant impact is
anticipated.
( 4 ) Utilities: All utilities are provided for the existing use.
The proposed use will have a diminished demand on utility
service.
( 5 ) Screening and buffering: No significant improvements are
proposed. The site is currently buffered by the structures which
are adjacent, or close to, the south, east, and north property
lines. No additional screening or buffering is required nor
"'
.
I --..." ()
. P&Z Staff Report
Personal Growth Group Home - Conditional Use -
Page 3
desired. The property will be upgraded to meet the minimum
landscape requirements of the City and, thus, enhance the
appearance of ~~"~; property.
( 6 ) Signs and exterl0r lighting: No signing is proposed. If
any additional lighting is provided it will only be for security
purposes and provided in a manner consistent with residential
use.
( 7 ) Required setbacks and open spaces: There are no specific
requirements for open space in the RM-10 Zone District. There is
a requirement that building coverage not exceed 40% of the site.
Approximately 30% of the site in covered by structures.
Setback violations occur along all sides of the site. These
nonconforming situations may continue. The situation along N.E.
4th Street is most significant since obtaining right-of-way for
the future widening of N.E. .4th Street . will necessitate
demolition or relocation of the "accessory" structure.
(8) General compatibility with adjacent properties and other
property in the zoning district: The orientation of the site is
to N.E. 2nd Avenue. The property across N.E. 2nd Avenue is a
professional office. The property adjacent to the east is a
mixed of professional office and duplex/apartment rental units.
The property to the immediate north is vacant. In that the use
of the property is less intense than the current potential
general compatibility should occur. Other uses in the zoning
district (RM-10) are more office related than multiple family;
thus, the proposed use would present an incompatibility.
Early responses to the public notice for the hearing have brought
forward opposition to the location of a group home at the site.
At least one objection has been raised on the basis that similar
facilities exist in the nearby area.
( 9 ) Height: There is no change in the height of the structures.
(10) Economic effects on adjacent and nearby properties and the
City as a whole: Given the scope of the proposal and its
similarity to the existing use, there should be no significant
economic impact either positive or negative. Group homes are
located throughout the City and most are unknown to neighborhood
residents. Since there are no immediate homeownership neighbors
a negative effect on property values is not predicted.
UPGRADING REQUIREMENTS: When a conditional use request is before
the Board consideration is given as to what degree, if any, the
site should be upgraded. A site upgrading proposal has
accompanied the conditional use request (see provided site and
landscaping plan). The upgrading proposal has not been objected
to during technical staff review. However, emphasis is placed on
the following items:
'.
,
.
~--..
. P&Z Staff Rep01;t I ,""'
Personal Growth Group Home - Conditional Use
Page .4
.
1. Restriction on access from the current garage area onto
4th Street (this is a part of the proposal);
2. Mod~f}cation to the stairway leading to the second
storÿ~of- the accessory building so as not to enter
directly upon the street/sidewalk; and,
3. That a sidewalk be installed along N.E. .4th Street in a
manner acceptable to the City Engineer.
Other items of a technical nature dealing with standard code
compliance have been communicated to the applicant. They have no
bearing on the action before the Board.
Right-of-way dedication: The County Thoroughfare Plan calls for
an eighty foot (80') right-of-way along N.E. .4th Street, east of
Swinton Avenue. The City Commission has directed staff to pursue
reduction of that standard to sixty feet (60') due to the
constrained nature of this street facility. Accordingly, only a
five foot (5') dedication was extracted when the professional
office conditional use was recently approved on the adjacent
property. Acquiring such a dedication immediately presents a
problem on this site in that the accessory building would be
located within the dedicated area. To resolve this situation, it
is recommended that a reservation (offer of dedication) of five
feet be made with the proviso that when the taking occurs, the
property owner shall be responsible for moving, demolishing, or
otherwise providing that any portion of the accessory structure
which encroaches within the dedicated area be removed at his
expense.
Other items: Since the property functions as a single site but
is described as two lots, a Unity of Title should be provided.
CERTIFICATION OF APPROPRIATENESS: The property is located within
the Del Ida Historic District. As such, the conditional use
request is subject to obtaining a Certificate of Appropriateness
from the Historic Preservation Board. Normally, action on the
COA is obtained prior to action by the Planning and Zoning Board;
however, it was not possible to have the Board meet prior to the
Planning and Zoning Board meeting, thus action on the COA has not
occurred. Such an action must occur prior consideration by the
City Commission. If the COA is denied, the HPB action may be
appealed to the City Commission.
COMMENTS FROM OTHERS:
Special notice was provided to the Del Ida Historic District
homeowners groups and the Old School Square Historic District
homeowners group in addition to the general mailing to property
owners within 500' of the site. It is anticipated that
representatives of Del Ida Historic District will speak in
opposition to the request.
,
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P&Z Staff Report I
.
Personal Growth Group Home - Conditional Use
Page 5
The Community Redevelopment Agency reviewed the request at their
meeting of April 9, 1990 and recommended approval.
STAFF ANALYSI~?--7,- In general, the request appears appropriate
particularly in light that it presents a reduction in the
potential of use intensity and will result in an immediate
upgrading of the site. In the long term approval is beneficial
in that once the Group Home use is established reversion to an
apartment use will require further upgrade of the property prior
to such a reestablishment of use i.e. provision of increased
parking areas or a reduction in the number of units, and an
increase in the floor area of the apartments to meet the zoning
code requirements.
Specifically, the Comprehensive Plan speaks to accommodation of
group homes and similar uses through Policy A-6.2 of the Housing
Element, to wit:
"That whenever application is made for group homes and
housing for special groups, the request shall be evaluated
against the impact which will be made upon the stability of
the neighborhood. Further, an assessment shall be made of
the proximity of similar uses, their impact, and how the
number of facilities related to the need by Delray Beach
residents for the facility. The results of such an
assessment shall be considered by the Local Planning Agency
and the City Commission in their actions through the
conditional use permitting process."
While there are other group homes in the general area, there is
no known impact which these homes have upon the area. There is
not a predominance of group homes in the area. The need for the
facilities was discussed by the project applicant at the Board's
worksession. With respect to the stability issue, this area has
been generally classified as needing stabilization and
revitalization. Thus, the request should be viewed as to whether
or not it aids or retards stabilization and revitalization.
Because of the immediate benefits and a reduction in the
potential overcrowding of the current facility and site, the
Director favors a determination that the request benefits
stabilization.
Finally, the location is that of a transitional land use
character as witnessed by rental units and professional offices
within RM-IO zoning. In addition, it was previous1ycontemplated
that this area of RM-lO zoning be designated at Residential
Office ( RO) . As such, and because of its proximity to shops and
food stores which diminish reliance upon automobile travel the
group home use seems quite appropriate for this location.
ALTERNATIVE ACTIONS:
l. Forward with a recommendation of approval based upon
appropriate findings and subject to conditions.
I
,
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P&Z Staff .Report (~\ ,~
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Personal Growth Group Home - Conditional Use -
Page 6
2. Forward with a recommendation of denial based upon a
determination that the introduction of another group home
into the general area would detract, rather than encourage,
the stabi~~ation of the neighborhood and thus be contrary
to policy direction contained within the Comprehensive Plan
which calls for the stabilization of neighborhoods.
3. Continue, with concurrence of the applicant, and direction
to staff.
RECOMMENDED ACTION:
By motion, forward the Conditional Use request for a Level IIIA
Group Home at the northeast corner of N.E. 2nd Avenue and N.E.
4th Street to the City Commission with a recommendation of
approval based upon a finding that in accordance with Policy
A-6.2 of the Housing Element the use of the site in such a manner
will aid in the stabilization of the area and upon a finding of
general compliance with the standards for evaluating a
conditional use request as set forth in Section 173.848lB),
subject to the following conditions:
1. That, in a manner approved by the City Attorney, reservation
(offer of dedication) of five foot ( 5 ' ) of right-of-way
along N.E. .4th Street be provided with the stipulation that
when the dedication is consummated, the property owner must
remove any portion of the accessory building which
encroaches upon the dedicated area - at his expense.
2. That the only access from the site onto adjacent streets be
via the driveway from the parking area to N.E. .4th Street
and any other existing points of access be physically
restricted from such use.
3. That a sidewalk be installed along N.E. 4th Street in a
manner acceptable to the City Engineer.
4. That either a Unity of Title or a replat (combining existing
lots into a single parcel) be provided.
5. That a revised site plan and revised landscaping plan be
provided in response to the technical review comments
provided by the staff.
6. That this approval is limited to the conditional use aspect
of the request and associated upgrading as proposed by the
applicant and is not meant to void or waive compliance with
HRS licensing standards, City standards pertaining to Group
Home s , or to compliance with Building Code and Utility
standards.
Attachment:
* reduction of site upgrading plan
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
,~
FROM: DAVID J. KOVACS, DIRECTOR ~ ~'.
DEPARTMENT OF PLANNING AND ZONI (.J.
SUBJECT: MEETING OF MAY 8, 1990
CONSIDERATION OF A WATER SERVICE AGREEMENT AND ATTENDANT
SITE PLAN AT ATLANTIC AVENUE AND MILITARY TRAIL. (GULF
STATION)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Water Service Agreement and Attendant Site and
Development Plan.
The project involves conversion of an existing gasoline
station and former donut shop to a modern convenience store
and gasoline outlet. Site Plan approval is required pursuant
to terms of the standard Water Service Agreement.
BACKGROUND:
This Water Service Agreement and Attendant Site Plan was originally
forwarded to the City Commission with a unanimous recommendation of
approval from the Planning and Zoning Board and approved by the
City Commission on September 12, 1989 between B.P. Oil and the City
of Delray Beach. Prior to the "closing" on th~ property B.P. Oil
sold it's interest in this station (along with many other service
stations across the U.S.A. ) to Service Station Inc. The two
companies, B.P. Oil and Service Station Inc. are wholly owned
subsidiaries of Standard oil Company and the transfer has occurred
for tax purposes. B.P. Oil has entered into a lease with Service
Station Inc. to operate this property. No modification of the
original approved Site Plan has occurred. As the original Water
Service Agreement approved by the City Commission was between B.P.
Oil and not Service Station Inc. (the current owner) the Water
Service Agreement is before you for approval.
RECOMMENDATION:
By motion, approve the Site and Development Plan for this project
based upon the findings of the Planning and Zoning Board; and
authorize the Mayor the execute the Water Service Agreement.
Attachments:
* Cover sheet from the P&Z Staff Report of August 21, 1989
* Site Plan
PD/#29/CCGULF.TXT
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,. . LHI'\IN 1 N c.:; c3 ZONING t30ARO
CITY OF OELRRY BEACH
- -- STAFF REPORT
- --
MEET ING rnTE : AUGUST 21. 1 ~e9
,
AGeΠITEM: IV. F
CONSIDERATION OF SITE PLAN APPROVAL TN CONJUNCTION WITH A WATER SERVICE AGREEMENT
ITEM: FOR THE GULF STATION AND CAR WASH AT THE SOUTHWEST CORNER OF W. ATLANNC AVENUE
AND MILITARY TRAIL.
.
ATLANTIC AVENUE
. " .. .
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GENERAL DATA:
Ootn.r..,...".",..,.,.,..".,. ,B.P. Oil Company
A9.nt.
."'........ ..............Al.n J. Clklin, Esquire
Boo.. Ca..y Ciklin Lubitz, et al
Location, , , , . , . , , , S th
.... ........., ou west corner of w. Atlantic
Avenue and Military Trail.
Property Site", ,..,........, ".31.303 sq.ft (.718 Acres)
Existinq City Land Use Plan...,.c (Commercial)
Proposed Ci~y Land Use Plan... , ,Commercial Core
(Comprehenslve PLan)
ExistinQ County Zoning. ,..,....,CG (General Commercial)
Adjacent Zoning.,.., ".,....,., .N~rth, so~th. eäst and west of
the subject property are toned
County CG (General Commercial),
Existinq Land Use,. ,'.' ,..,...,.Gulf Oil Station/ Mister Donut
Propo..d Land U..,."..,.......,Remov. existinq structure. and
pwmp islands and replace with new
pwmp islands with a 3,260 sq. ft.
canopy, 68S .q.tt, convenient
store and a 6.0 sq. ft. car wash.
Water Service.,. .
",..........."Provlded via an existinq 8" water
maln extension from the 12"
mal~ on the east side of Military
Trall, , ITEM:.tIl. ~
Sewer Service .'
"............,.,.,E~lstinq use on Sœptic System,
Wlth redevelopment tite will
connect with 8" sewer m~in within
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL_LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: ~QÙ'\<i.. -S. ~00QC S ¡~Q.
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 8, 1990
APPROVAL OF THE FINAL PLAT FOR OCEAN CREST
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the proposed Ocean Crest
development.
The property involved is located on the east side of State Road
AlA, south of Linton Boulevard, between Bermuda High South and
Costa Del Rey North Condominiums.
BACKGROUND:
This property has had quite a lengthy land use history. The
most recent activity involved the approval of a site and development
plan for sixteen (16) condominium units. The site and development
plan was approved by the City Commission on October 24, 1989,
subject to conditions. Platting was a condition of approval.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board certified the final plat, subject to
conditions, at its meeting of April 16, 1990. The associated
conditions have been met and the final plat is now ready for
action.
RECOMMENDED ACTION:
By motion, approval of the FINAL PLAT for Ocean Crest with direction
to sign the plat upon receipt of appropriate financial guarantee for
public improvements.
Attachments:
* Cover sheet from the P&Z Staff Report of April 16, 1990
* Reduction of plat
JT/#.4.4/0CEAN.TXT
0 ,,,..-\
.
::>,LAÑN I NG B ZONING BOARD --- STAff REPORT -- -
UEETING DATE: APRIL 16. 1990 AGENDA ITE": IV. C.
------.-.
I TEl.(: FINAL PLAT. OCEAN CREST TOWNHOMES. SOUTH OC~A_N_ ~º-~~_~v:~.~. _ __. ______
----
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BERMUDA
HIGH WEST
BI(, 36
PGS.I
13~
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ENERAL DATA:
OWner...........................Ocean Crest Joint Venture Limited
Partnership
Agent._................. . . . .... . .Mark A. Muir
Stene Kunick Association
Location........................East side of State Road A-I-A,
south of Linton Blvd., between
Bermuda High South and Casta Del
Rey North Condominiums.
Property Size................... 2. OS3 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.................... . Rr-I-IS (Multiple-Family Dwelling
District)
Adjacent Zoning.................North, south and west of the
subject property is zoned RM-IS.
East is the Atlantic Ocean.
Existing Land Use...............Clubhouse owned by the Bermuda
High Beach and Tennis Club, Inc.
and vacant land.
Proposed Land Use...............16 unit condominium development
Water Service................. ..Existing 6" water main located
along the east side of State Road
A-1-A.
Sewer Service...................Existing 12" sanitary sewer main
located on west side of State
Road A-1-A.
ITEL(: IV. C.
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PLANNING 8 ZONING BOARD --- STAFf REPORT - --
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IdEETING DATE: APRIL 16. 1990 AGENDA lIE": IV. C.
------ _._~---
ITEJ,4: FINAL PLAT, OCEAN CREST TOWNHOMES, SOUTH OCEAN BOULEVARD
--.----- -- -- .-- -- --------. ..-.---
~
~
BERMUDA
HIGH WEST
B (. 36
PGS.I
135
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GENERAL DATA:
OWner.................... .......Ocean Crest Joint Venture Limited
Partnership
Agent.......................... .Mark A. Muir
Stene Kunick Association
Location........................East side of State Road A-1-A,
south of Linton Blvd., between
Bermuda High South and Casta Del
Rey North Condominiums.
Property Size...................2.053 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.................... .RM-15 (Multiple-Family Dwelling
District)
Adjacent Zoning.................North, south and west of the
subject property is zoned RM-15.
East is the Atlantic Ocean.
Existing Land Use........... ....Clubhouse owned by the Bermuda
High Beach and Tennis Club, Inc.
and vacant land.
Proposed Land Use...............l6 unit condominium development
Water Service............ .......Existing 6" water main located
along the east side of State Road
A-1-A.
Sewer Service...................Existing 12" sanitary sewer main
located on west side of State
Road A-1-A.
I TElA: IV. C.
ITEM BEFORE THE BOARD:
The action before the Board is certification of the final plat
for the Villas of Ocean Crest. The subject property is located
on the east side of AlA south of Linton Boulevard.
BACKGROUND:
This parcel was originally a part of a greater land holding of
Ocean Edge Development Corporation which included the Bermuda
High West Condominium complex on the west side of AlA. The
developer (Ocean Edge Development Corporation) completed
construction on the Bermuda High West Complex and recreational
facilities which included a club house located on this parcel.
The club house is to be utilized by Bermuda High West residents,
as well as the prospective owners of units from this development
parcel. The existing Beach House is nonconforming in that the
building encroaches over the Coastal Construction Line.
No development activity occurred on this parcel and in 1986 Ocean
Edge Development Corporation attempted to sell the property
including the club house. The Bermuda High West Beach and Tennis
Club filed suit to protect it's rights to the club house and a
settlement was reached on June 12, 1986 in Palm Beach County
Court. The settlement agreement conveyed by quick claim deed a
parcel containing the clubhouse to Bermuda High West and required
that vehicular access rights and a pedestrian easement over the
north l5' of the site be provided. In addition, the agreement
required the developer of this parcel to provide four parking
spaces for exclusive use by the club house, and allow the members
to utilize the developments guest parking spaces. Physical
improvements to the club house including painting and
restuccoing, replacement of the roof, windows and doors with
material consistent with future development proposals were
required by the court settlement. Separate metered electric and
water lines where also to be provided.
Two additional two-story structures are located on the
development site. No history of site plan approval exists for
these structures which are currently vacant, dilapidated and are
to be removed with site development.
The site plan for the development of l6 two-story townhouse units
(Villas of Ocean Crest) on this property was recommended for
approval by the Planning and Zoning Board on October 16, 1989.
The City Commission approved the Villas of Ocean Crest site
development plan on October 24, 1989.
The preliminary plat was submitted on November 3, 1989. With the
plat submittal the developer had discovered a surveyor's error in
locating the Coastal Construction Line. The correct location of
the CCL line was 14 feet leeward of it's location depicted on the
si te plan. As the approved site plan had buildings on the
Coastal Construction Line modification of the site plan was
required. In addition, during the preliminary review of the
P~Z Staff Reoport
Final Plat, Oceancrest Townhomes
Page 2
plat and the accompanying site plan modification it was
discovered that proper setbacks from the internal ingress/egress
easement were not imposed on the development during site plan
review stage. The applicant was informed that a variance from
the Board of Adjustment would be required.
The minor site plan modification was reviewed and approved by the
Planning and Zoning Board on December 11, 1989. The Board of
Adjustment granted a variance from the required front setback on
December 28, 1989 (Petition #855).
The preliminary plat was approved subject to conditions by the
Planning and Zoning Board at its January 22, 1990 meeting. In
the interim private sector negotiations have been on going
between the developer and the Bermuda High West property owners.
The final plat is now ready for action and is before you.
PLAT ANALYSIS:
The most significant items with this final plat relate to the
tying down of the easements or instruments providing vehicular
and pedestrian access along with dedication of rights to four
exclusive parking spaces, and utilization of guest parking spaces
for the Bermuda High West residents.
The following analysis has been conducted on the revised final
plat submitted on April 10, 1990.
PREVIOUS CONDITIONS OF PRELIMINARY PLAT APPROVAL:
The following conditions are paraphrased from the staff report
on the preliminary plat.
Water Service:
Condition : Internal to the site off the main drive the
applicant had previously provided two fire
hydrants. Due to restricted fire access into the
site the residential units and Beach House are
required to be sprinkled.
Resolution: With the revised plat one hydrant has been
eliminated and the other moved to the entry
from AlA per the Fire Department request.
All buildings are equipped with internal
sprinklers.
Condition: Modification to the water distribution layout was
required. The Utilities Department was opposed to
the multi-metered layout as well as the extension
of the 8" water main into the site.
P&Z Staff Reoport
Final Plat, Oceancrest Townhomes
Page 3
Resolution: The revised plans have accommodated the
Utilities Department's concerns by removing
the 8" main extension and providing a single
meter for the development.
Condition: A 1 1/2" fire line was provided to the Beach
House. The Fire Department required the line to
be increased in diameter.
Resolution: The applicant has increased the fire line to
2" and the Fire Department has confirmed that
this will provide sufficient flow.
pedestrian Access:
Condition : Pedestrian easements are provided on the plat.
Under the dedication statement the following
language was provided:
"dedicated to the Villas of Ocean Crest
Association and subject to such rights as may be
granted by Ocean Crest to Bermuda High".
Since this plat will abandon the existing l5'
pedestrian and vehicular access rights of Bermuda
High West's new rights of access must be
accommodated.
Resolution: Dedication of access rights are granted by an
easement agreement which is referenced in the
dedication statement. The applicant must
submit a copy of this easement agreement. In
addition, verification that the prior access
easements have been abandoned prior to the
recording of this plat is required.
Condition: With the preliminary plat the following conflicts
were noted with the pedestrian easements between
the plat, site plan and landscape plan:
* The proposed pedestrian easement along the
south property line corresponded with the location
of a hedge and trees on the landscape plan. The
site plan indicated a stabilized sod walkway
approximately 5' north of the location of the
easement.
...
P&Z Staff Reoport
Fïnal Plat, Oceancrest Townhomes
Page 4
Resolution: The landscape plan has been amended moving
the landscaping to the north edge of the
easement. The stabilized sod walkway has
been moved to the south on the site plan.
* Along AlA the landscape plan showed a perimeter
wall extending across the pedestrian easement
shown on the plat.
Resolution: The perpendicular wall has been removed from
the pedestrian easement.
* On lot eight, 5' exists between the privacy wall
and the south property line. In the 5" hedging
and trees are shown on the landscape plan and a 5'
pedestrian easement is noted on the plat.
Resolution: The landscape material in conflict has been
removed from the landscape plan.
* The pedestrian easement provided along the north
property line corresponds with a hedge and row of
trees. The site plan indicates a stabilized sod
walkway approximately 5' south of the north
property line.
Resolution: The easement has been relocated 5' to the
south.
* The pedestrian easement along the east side of
Lots l5 and l6 runs thru hedging and trees
currently shown in driveway landscape islands. In
addition, the easement location on lot 16 runs
through the center of the driveway not adjacent
the street.
Resolution: Landscape material has been relocated and
sodded areas provided. The easement has been
relocated adjacent the street.
Vehicular access:
Condition: The internal roadway which provides access to all
residential units as well as the Beach House has
been designated as a separate tract (Tract A) .
Language under the dedication statement on the
plat indicated that Tract A is:
P&Z Staff Reoport
Fìnal Plat, Oceancrest Townhomes
Page 5
" dedicated to the Villas of Ocean Crest which
hereby reserves the right to grant nonexclusive
easements to Bermuda High Beach and Tennis Club."
Since the existing l5' vehicular/pedestrian
easement is being abandoned with this plat
commitments for access should be provided at this
time.
Resolution: Dedication of access rights are granted by an
easement agreement which is referenced in the
dedication statement. The applicant must
submit a copy of this easement agreement. In
addition, verification that the prior access
easements have been abandoned prior to the
recording of this plat is required.
Condition: The internal roadway is 24' wide except north of
Lot 14 where 20' for access to the Beach House is
provided. The width was reduced to 20' to
accommodate additional landscaping. An
outstanding condition of site plan approval was
that 24' of pavement be provided throughout or a
waiver from Section l02.22 (minimum pavement
width) be obtained.
Resolution: A waiver was granted by City Commission on
January 30, 1990.
Parking:
Condition: The 4 parking spaces shown on the site plan
adj acent to the Beach House and 8 guest parking
spaces are indicated as tracts on the plat. The 4
spaces adjacent to the Beach House (Tracts C and
D) are dedicated to the Bermuda High Tennis Club
for exclusive use of the Club. The 8 guest spaces
(Tract E) are dedicated to Villas of Ocean Crest
which under the dedication language "reserves the
right to grant a nonexclusive easement to the
Club". This easement should be dedicated at this
time and either shown on the plat or referenced by
an O.R. Book and Page number.
Resolution: Dedication of access rights are granted by an
easement agreement which is referenced in the
dedication statement. The applicant must
submit a copy of this easement agreement. In
addition, verification that the prior access
easements have been abandoned prior to the
recording of this plat is required.
P&Z Staff Reoport
Flnal Plat, Oceancrest Townhomes
Page 6
Utility Easements:
Condition: On sheet E-l (Electrical) of the plat submittal an
existing utility easement is shown to the
clubhouse. Service lines within the easement are
to be abandoned and relocated. If the easement is
a non exclusive utility easement formal
abandonment must be processed. This abandonment
process must be done concurrently with plating.
Resolution: The reference to existing easements was
apparently in error as no easements exist for
the current utilities serving the clubhouse.
The applicant has provided a notarized letter
from an attorney that no easements have been
found in the public records.
Condition: On Sheet E-l the electrical service is shown
extending into the site along the north and
south property lines with perpendicular
service lines extending to each unit. These
service lines extend over adjacent private
lots. No utility easements for the service
lines are provided and are required for this
electrical layout configuration.
Resolution: The electrical layout has been modified to
eliminate the need for additional easements.
Condition: Five foot utility easements are proposed along
each side of the internal roadway to accommodate
FPL street lighting. Much of the internal
landscaping is to be provided in these areas.
Verify that permission will be given from FPL for
the plant material within the easement area.
Resolution: A letter has been provided from FPL that
landscaping as shown is acceptable within the
easement area.
Permits:
Condition: A FDOT permit (Florida Department of
Transportation) is required for the entry to AlA,
HRS (Health and Rehabilitation) permits are
required for the water and sewer improvements and
a DNR permit is required for the walls seaward of
the CCL (Coastal Construction line).
"
P&Z Staff Reoport
Final Plat, Oceancrest Townhomes
Page 7
Resolution: The DNR permit has been issued (No. PB-417)
and the HRS and FDOT permits have been
submitted and are currently under review.
The applicant is advised that the final plat
cannot be scheduled for City Commission
action prior to issuance of these permits.
ASSESSMENT:
The final plat is complete with the exception of outstanding HRS
and FDOT permits and the submittal of additional information.
The additional information includes a copy of the easement
agreement dedicating access rights to Bermuda West to the Beach
House, and verification of the abandonment of the existing
vehicular and pedestrian easements. Upon submittal of the
additional information and issuance of the permits the final plat
can be scheduled for City Commission.
ALTERNATIVE ACTIONS:
l. Continue with direction.
2. Certify the Final Plat as consistent with the preliminary
plat and recommend approval to City Commission subject to
conditions.
STAFF RECOMMENDATION:
By motion, certify the Final Plat as consistent with the
preliminary plat and recommend approval to City Commission
subject to compliance with the following conditions prior to
consideration by the City Commission.
l. Receipt of HRS permits, and FDOT permit.
2. Verification of abandonment of existing vehicular and
pedestrian easements for Bermuda High West.
3. Provide a copy of the easement agreement between Bermuda
High West and Ocean Crest Inc. which is referenced in the
dedication statement.
REF/PD#29/0CEANC.TXT
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~\);.cl. -So \~COQ~ \íf.
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 8, 1990
APPROVAL OF THE THE FINAL PLAT FOR A REPLAT OF OLD
HARBOR SQUARE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the the final plat for a replat (creation of two
lots) within the Old Harbor Square development (existing).
The property involved is located at the northeast corner of
Federal Highway and Linton Boulevard.
BACKGROUND:
Old Harbor Square was originally approved as an SAD in 1979.
After its construction the zoning was changed to L. C. From
time-to-time, there have been modifications to the development
plan. A recent change in ownership created a need to divide
interests in the project. Thus a replat was necessary.
This plat creates two lots within the existing development. A
change to the site plan which involves relocation of the driveway
along Linton Boulevard was approved as non-impacting site plan
modification.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board certified the final plat, subject
to one condition, at its meeting of February 26, 1990. The
condition, requiring recordation of easements, will be
accommodated concurrent with recordation of the plat. The Board
also recommended waiver of perimeter boundary (landscape)
requirements as they are not applicable to this circumstance.
RECOMMENDED ACTION:
By motion, granting of a waiver to provisions of 159.30
(landscaping of abutting property boundaries) and approval of
the FINAL PLAT for the replat of Old Harbor Square with direction
to sign the plat upon receipt of appropriate financial guarantee
for public improvements and that the ingress/egress easement be
recorded concurrent with recordation of the plat.
Attachments:
* Cover sheet from the February 26, 1990 P&Z Staff Report
* Reduction of the plat
REF/DJK# 59/CCHARBOR. TXT
t - - L (- \I \~ i \~ 1 [\J G 8 ZON 1 i"-JG öUHHU STAFF REPORT
-- - --
CITY OF DEL RAy BEACH
MEETING (ATE: FEBRUARY 26, 1990
AGEtO; ITEM: IV.B.
r TEN: FINAL PLAT, OLD HARBOR SQUARE (two lot split of existing facilities)
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GENERAL DATA:
OwnE:r. . . . . . . . . . . . . . . . . . . . . . . . . . . New Harbor Partners, Ltd. and
New Harbor, Inc., General Partner
Morgan N. Russell, President
Optionee/Lessee.................James A. Kahn, viée President
Knight Energy Services, Inc.
Location........................Northeast corner of Linton
Boulevard and S. Federal Highway
Property Size...................6.26 Acres
City Land Use Plan..............General Commercial
Existing Zonìng.................LC (Limited Commercial)
Adjacent Zoning.................North and east of the subject
property is zoned RM-15
Multiple-Family Dwelling
District). South is zoned LC and
west is zoned CC (Community
Commercial).
Existing Land Use...............Shopping center and gasoline
station
Proposed Land Use...............To remain the same as above
Water Service. ..................Existing on-site
Sewer service...................Existing on-site ITEM: IV.B.
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Memo From JASMIN TAYLOR
Planning Technician II
PLANNING and ZONING
To: Alison MacGregor Date: 4-24-90
City Clerk
RE: TUTOR TIME DAY CARE - ALL AMERICAN ENTERPRISES, IN
S.A.D.
The following is provided to complete the Ordinance
for the above referenced project.
'¡hanks.
If.- -
rQ~"
, Jasmin Allen
Planner I
Attachments: Conditions of Approval
Final Site Plan
CONDITIONS OF APPROVAL
l. Provide revised sewer and water drainage plans accommodating
the following:
..
- The proposed 6" sewer lateral from the kitchen area
must empty into a manhole pursuant to Section
53.072(F). This will require installation of a new
manhole or utilization of existing manhole #7.
- Verification that 2" tap exists at the main where
additional meter service is proposed. If a 2" tap does
not exist a new tap and service line will be required.
- Provide a grease trap or sand reception for each
dumpster pad if required by HRS. If not required by
HRS drain and hose bib must be removed from each
dumpster pad.
- Provide pavement marking on Paving & Drainage plan on
Davis Road. Show the pavement location of Udell Lane.
2. Provide a revised site plan accommodating the following:
- A landscape island east of the dumpster at northwest
corner of the site.
- Signage for 3 or 4 parking spaces "Pharmacy Only".
3. J Submission of a boundary plat to include the fOllowing;
An additional 14' of right of way along Lake Ida Road; An
easement for the new fire hydrant; Palm Beach County permits
for work in Lake Ida Road.
4. With the following additional uses to be added to the
permitted uses list; MarshãTI Arts Studios, Dance Studios,
and Music Studios.
PD!#30!TUTOR.TXT
-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~"0~C"--'~ .~u C\C\. \ ~ .
FROM: DAVID J. KOVACS, DIREtfoR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 8, 1990 -
ALL AMERICAN ENTERPRISES REZONING - POC TO SAD
SECOND READING OF REZONING ORDINANCE
,ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
on second reading on the enacting ordinance for a rezoning from
POC to SAD. The petitioner is All American Enterprises. The
property is located at the southeast intersection of Lake Ida
Road and Davis Road.
BACKGROUND
First reading of the rezoning Ordinance was originally forwarded
to the city Commission on October 24, 1990, with a unanimous
recommendation of approval from the Planning and Zoning Board.
With the SAD rezoning it is required that a site and development
plan be incorporated within the enacting ordinance. Upon first
reading, direction was given by the City Commission that the
ordinance would become void if a site plan were not processed in
sufficient time to be before the City Commission on March 13,
1990.
While the site plan had been submitted it would not have been
acted upon by the Planning and Zoning Board 'Until March 19th,
thus a request to grant an extension of the previously imposed
deadline for the submission of the site plan was considered by
the City Commission at its February 13, 1990 meeting. The City
Commission granted an extension for the All American SAD to March
27,1990.
At the March ¡9th Planning and Zoning Board meeting, the Board
considered the conditional use and the site specific plan for
Tutor Time Child Care Center to accompany the SAD ordinance.
Upon accepting public comments the Board continued the site plan
and conditional use to April 16, 1990 to allow the applicant an
opportunity to address the conditions contained in the staff
report as well as the comments raised during the public hearing.
PLANNING AND ZONING BOARD CONSIDERATION
The conditional use and attendant site plan for the All American
Enterprises SAD was heard by the Planning and Zoning Board at its
meeting of April 16, 1990. The request was forwarded with the
following recommendation which passed on a 4-2 vote (Klarer and
Coopersmith dissenting):
II Approval based upon positive findings pursuant to Section
173.848 "Standards for Evaluating Conditional Uses" and
Section 173.867 "Standards for Evaluating Site and
Development Plan Applications" subject to the conditions
contained in the staff report and with the further
conditions that:
City Commission Documentation
Meeting of May 8, 1990
Enacting of Rezoning Ordinance for All American Enterprises
Page2
- a boundary plat be submitted including the following:
- an additional 14' of right-of-way along Lake Ida
Road;
- an easement for the new fire hydranti__-_
- Palm Beach County Permits for work within the Lake
Ida Road right-of-way be processed.
- the following additional uses be added to the permitted
uses list; Marshal Arts Studio, Dance studio and Music
Studio.
The revised site plan dated April 19, 1990, has addressed most of
the associated conditions. Those conditions not yet addressed
have been incorporated and made a part of the enacting ordinance.
RECOMMENDATION
By motion, approval of the enacting rezoning ordinance on second
reading with the attendant site specific site plan.
Attachments:
'* Ordinance by the City Clerk
* Cover page from the Planning and Zoning Board April l6 staff
report
'* Planning and Zoning Board April l6, 1990 staff report is
available in the City manager's Office
REF/JA/44/CCALL
I
\ t",JL.HNN I NG 8 Z~NING BOARD ..
CITY OF OELRAY BEACH
--- STAFF .REPORT - --
MEETING DATE: APRIL 16. 1990
AGEtœ ITEM: III. E.
--
ITEM: CONDITIONAL USE. TUTOR TIME CHILD CARE. WITH ATTENDANT SITE PLAN. AT
3434 LAKE IDA ROAD
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LAKE IDA ROAD
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GENERAL DATA:
OWner.,.........................All American Enterprises, Inc.
Agents..........................Ro~er G. Saberson & Mark Marsh
Locat1on........................Southeast corner of Lake Ida Road
and Davis Road.
Property S1ze...................l.95 Acres (84,942 Sq. ft.)
City Land Use Plan..............Transitional
Existing Zoning.................POC (Planned Commerce Center)
Proposed Zoning.................SAD (Special Activities District)
Adjacent Zoning.................North of the subject property is
zoned PRD-4 (Planned Residential
Development District). South and
west is zoned R-lA-B (Single-
Family Dwelling District). East
is zoned POC, and RM (Medium to
Medium High Density Dwelling
Distr ict) .
Existing Land Use...............Delray Medical Center which
contains Mr. Grocer, Delray
Shores Pharmacy and a medical
office.
Proposed Land Use...............In addition to the existing uses,
a proposed child care center with
a maximum of /'14- students to
occupy several vacant bays within ITEM: III.E.
the shopping center.
Water Service......,............Existing on-site
Sewer Service....,......,...... .Existing on-site
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ORDINANCE NO. 72-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT:
SAID LAND BEING A PORTION OF LOT 20, IN BLOCK 1, OF DELRAY SHORES
SUBDIVISION, AS RECORDED IN PLAT BOOK 2.4, PAGES 232 AND 233, PALM
BEACH COUNTY PUBLIC RECORDS, BEING IN THE SOUTHEAST QUARTER OF
SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF LAKE IDA
ROAD AND DAVIS ROAD; GRANTING CONDITIONAL USE AND SITE AND
DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS: AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983": PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The above ordinance is published by caption only as required by
State Law. The proposed ordinance may be inspected at the Office
of the City Clerk at the City Hall, 100 N.W. 1st Avenue, De lray
Beach, Florida, from 8:00 A.M. to 5:00 P.M., Monday through
Friday, except holidays. The City Commission will meet in the
Commission Chambers at the City Hall on the 8th day of May,1990,
at 6:00 P.M. (or at any continuation of such meeting which is set
by the Commission), at which time the ordinance will be read by
title only and all persons interested will be given an
opportunity to be heard. Please be advised that if a person or
persons decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at this meeting or
hearing, such persons will need a record of these proceedings,
and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
The Ci ty does not provide or prepare such record. Pursuant to
F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
April 26, 1990 Alison MacGregor Harty
City Clerk
M E M 0 RAN DUM
TO: ALISON MACGREGOR, CITY CLERK
FROM: PLANNING DEPARTMENT ~
RE: REQUEST FOR ORDINANCE PREPARATION, CITY COMMISSION
MEETING OF APRIL 24, 1990
DATE: APRIL 17, 1990
The following item is scheduled for first reading at the City
Commission meeting of April 24, 1990. Please prepare the
appropriate ordinance language. The file is attached so that you
may copy the material which you need. Please return the file as
soon as possible.
Delray Town Center Rezoning from POC (Planned Office Center) to
LC (Limited Commercial). This item was heard by the Planning and
Zoning Board on Monday, April 16, 1990. The Board recommended
denial on a vote of 6 to 1.
PREPARATION OF ORDINANCE FOR THE CITY COMMISSION MEETING OF MAY
8, 1990
The following item will be scheduled for second reading at the
City Commission meeting of May 8th.
All American Enterprises, Inc. S.A.D. Action on the conditional
use for the child care facility and the overall site plan was
taken by the Planning and Zoning Board at its meeting on Monday,
April l6, 1990. The Board recommended approval of the conditional
use and site plan on a vote of 4 to 2.
In addition, the Board recommended that the following uses be
added to the list of conditional uses within the SAD Ordinance.
- Dance studio
- Martial Arts studio
- Music studio
The file is attached so you may copy the material which you need.
A copy of the revised final site plan addressing the comments of
staff and the Planning and Zoning Board and/or a complete list
of outstanding conditions will be provided on Monday, April 23rd,
in order that Section 3 of the Ordinance may be completed.
Thanks.
r
Aa J/1"'-Î"
Jasmin Allen
Planner I
A
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III DI~~~~
n " . ,-~ '7/~ of? Wi" b£
·.~Jw < C, \0..1:,-.,(, n '0 {~"1ð't'f ~ð¡)c..
FROM: DAVID J. KOVACS, DIRECTOR ~t þf~/~
DEPARTMENT OF PLANNING AND ZONING on~-
SUBJECT: MEETING OF FEBRUARY 13, 1990
CONSIDERATION OF A REQUEST TO EXTEND A DEADLINE FOR
SUBMITTAL OF ADDITIONAL INFORMATION - ALL AMERICAN SAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting an extension to a previously imposed deadline
dealing with submission of a site plan associated with the
All American SAD rezoning application.
The property involved is located at the southeast corner of
Lake Ida Road and Davis Road.
BACKGROUND:
Upon first reading of this SAD ordinance, direction was given
that the ordinance would become void if a site plan were not
processed in sufficient time to be before the City Commission on
March 13, 1990.
While a site plan has been submitted and is currently under
review, it will not be acted upon by the Planning and Zoning
Board until March 19th. Thus, it will come before the Commission
on March 26th.
The reason· for the original deadline was two-fold. First, to
insure that timely progress was made on the development proposal;
second, to have the item acted upon by the same City Commission
which he ld first reading. Both original intents will still be
met by granting an extension to March 27th.
PLANNING AND ZONING BOARD CONSIDERATION:
There is no Planning and Zoning Board recommendation required on
this administrative action. However, the Board will be reviewing
and making a recommendation on the site plan itself.
RECOMMENDED ACTION:
By motion, approve the request to grant an extension of the
previously imposed deadline for submission of the site plan for
All American SAD to March 27, 1990.
Attachments:
* letter of request from Roger Saberson
c:
Malcolm T. Bird, Interim City Manager
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January 29, 1990
Mr, Malcolm Bird, City Manager
City of Delray Beach
100 N,W. 1st Avenue
Delray Beach, Florida 33444
RE: All American Enterprises located on Lake Ida Road - Ordinance 72-89
Dear Malcolm: \
On October 24, 1989 the City Commission passed Ordinance 72-89 on first reading
to rezone the subject property from POC to SAD, The Commission added to the
approved list of uses "child care", The property owner has been working with
Mark Marsh to prepare a site plan to accommodate the child care use as well as
the additional dedication of right of way which was requested by the City. It
is anticipated that the site plan will be submitted by February 2, 1990 and that
therefore, it will be heard by the Planning and Zoning Board on March 19 and then
depending upon the City Commission's schedule, could be before them March 27,
1990.
In Ordinance 72-89 there was a ~ovision inserted at the request of the Planning
staff that required that everything be complete and including second reading of
the Ordinance by March 13, 1990, Based on the above schedule we will not be
able to achieve completion by that date, therefore we would request a 30 day
extension of the deadline from the City Commission. ~e would hope to complete
this matter as indicated above prior to the end of the 30 day extension, but
would request 30 days to allow some additional flexibility.
Thank you,
S~.lY yours,
1'-'\
ROGER G, SABERSON RECEIVED
RGSjdrt
JAH 3 0 90
cc: Mr. Pat Trussoni
."' ..-( PlANNING ¡ZONING
Mr, David Kovacs, Planning Director 4., ~
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ORDINANCE NO. 72-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN SAD (SPECIAL
ACTIVITIES) DISTRICT; SAID LAND BEING A
PORTION OF LOT 20, IN BLOCK 1, OF DELRAY
SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK
24, PAGES 232 AND 233, PALM BEACH COUNTY
PUBLIC RECORDS, BEING IN THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
SAID LAND IS LOCATED AT THE SOUTHEAST CORNER
OF LAKE IDA ROAD AND DAVIS ROAD; GRANTING
CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN
APPROVAL WITH CERTAIN CONDITIONS; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Board, at the meeting
held October 16, 1989, recommended zoning and placing of land
presently zoned POC (Planned Office Center) District in the
zoning SAD (Special Activities) District; and,
WHEREAS, the Ci ty Commission has determined that such
change should be made,
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 is
hereby zoned and placed in the SAD (Special Activities) District
as defined in Chapter 173 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
A portion of Lot 20, in Block 1, of DELRAY
SHORES SUBDIVISION, as recorded in Plat Book
24, Pages 232 and 233, Palm Beach County
Public Records, being in the Southeast
Quarter of Section 7, Township 46 South,
Range 43 East, Palm Beach County, Florida,
and being more particularly described as
follows:
Beginning at the southwest corner of Lot 10,
Block 1, of said Plat of DELRAY SHORES, run
North 38 degrees 17 minutes 12 seconds East,
along the westerly line of said Lot 10,
110.00 feet to a point; thence run North 8
degrees 28 minutes 10 seconds East, 142.80
feet to a point being the southwest corner of
Lot 9, Block 1, DELRAY SHORES, thence run due
north along the westerly line of said Lot 9,
110.00 feet to a point on the south
right-of-way line of Lake Ida Road; thence
run due west along said right-of-way 311.61
feet to a point of curvature of curve to the
left, having a radius of 55.67 feet; thence
run southwesterly along said curve through a
central angle of 90 degrees, an arc distance
of 87.45 feet to the point of compound
curvature of a curve to the left, having a
radius of 109.35 feet; thence run southeast-
erly along said curve, through a central
angle of 44 degrees 15 minutes an arc dis-
tance of 84.45 feet to the point of compound
·
curvature of curve to the left having a
radius of 1300 feet; thence run southeasterly
along said curve, through a central angle of
9 degrees 30 minutes, an arc distance of
215.55 feet to the point of reverse curvature
of a curve to the right, having a radius of
2990 feet; thence run southwesterly along
said curve through a central angle of 2
degrees 02 minutes 12 seconds, an arc dis-
tance of 106.29 feet to the point of begin-
ning.
LESS that portion beginning at the platted
northeast corner of said Lot 20, being also
the northwest corner of Lot 9; thence run due
west along the southerly right-of-way line of
Lake Ida Road, 311.61 feet to a point of
curve to the left having a radius of 55.67
feet; thence run southwesterly along said
curve an arc distance of 9.96 feet to a
point; thence South 89 degrees 24 minutes 33
seconds East, 321.53 feet to a point of
intersection with the easterly line of Lot
20, thence due north along said east line
4.20 feet to the point of beginning.
The subject property is located at the
southeast corner of Lake Ida Road and Davis
Road.
The above described parcel contains 1.93
acres of land, more or less.
Section 2. That the uses allowed for the subject
property described in Section 1, above, pursuant to Section
173.631 of the Code of Ordinances of the City of Delray Beach,
Florida, shall be as follows:
Art Galleries/Cultural Institutions
Banks (Financial Institutions), excluding drive-thrus
Brokerage Establishments
Business Offices
Butcher Shops
Child Care, subject to Sec. 173.063
Computer Sales and Services, including hardware and
software
Medical and Dental Labs
Photographic Studios
Professional Offices
Travel Agencies
Educational Institutions
Bakery, Retail, including take-out
Barbershops
Beauty Salons
Dry Cleaning, limited to 1,500 sq. ft. and customer
pick-up
Dry Cleaning pick-up stations
One (1) Food Convenience Store (one food convenience
store shall be allowed on the premises)
Hardware, Paint, and Garden Supplies
Pharmacy
TV Sales and Repairs
Medical Offices
Medical Equipment
Antiques
Bath Shops
Book Stores
Business Machines, including service
Cheese Shops
Cosmetics
- 2 - Ord. No. 72-89
.
Delicatessens
Draperies and Slipcovers
Fabric Stores
Florists
Gift Shops
Health Foods
Hearing Aids
Hobby Shops (excluding firearms and ammunition)
Home Furnishings
Import Shops
Interior Decorator Shops
Jewelers
Leather Goods
Luggage
Optical Equipment
Photographic Equipment and Supplies
Sewing Supplies
Sporting Goods (excluding firearms and ammunition)
Stationery
Tailoring
Toy Shops
Wearing Apparel and Accessories
Garden Center (plants and accessories)
Shoe Store (sales and repair)
Print Shop/Publisher
Section 3. That the development of the subject proper-
ty described in Section 1, above, is to be in accordance with the
site and development plans and attendant conditions as approved
by the City Commission on (specific site and development plan
reference, conditions of approval, and the date of approval to be
forthcoming; however, in no event shall the date of approval for
the conditional uses and site and development plan, as well as
the second reading of this ordinance, occur beyond March 13,
1990) .
Section 4. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 19 .
-
MAYOR
ATTEST:
City Clerk
First Reading October 24, 1989
Second Reading
- 3 - Ord. No. 72 - 89
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF MAY 8, 1990
DATE: May 3, 1990 -
PUBLIC HEARINGS
Item No. 7 (Ordinance No. 72-89) This is a Second Reading of an
Ordinance rezoning property (All American Enterprises, Inc.) located
at the southeast corner of Lake Ida and Davis Roads from POC (Planned
Office Center) to SAD (Specialized Activities District). The site
under consideration is a 1.97 acre area improved with two structures.
The structures contain approximately 18,232 square feet of space and
are occupied by a convenience store, pharmacy and medical office.
First reading of this Ordinance was held on October 24, 1990. At that
time public hearing was deferred pending the applicant's submittal of
a site plan. The site plan, along with conditional use request has
been reviewed and action is now appropriate.
All American Enterprises, Inc. proposal is to lease portions of the
building to tenants consistent with the uses permitted in the proposed
SAD ordinance for this property. During first reading, the applicant
requested 57 uses be allowed under SAD at this site. Of the 57
requested uses, only eight were not allowed under the POC, LC, or NC
zoning designations. The Planning and Zoning Board at it's October
16th meeting recommended modification of the list of uses to delete
equipment rental, furniture and appliance sales and repair, child care
and auto supply sales. Subsequently, the Commission approved the uses
as recommended by the Planning and Zoning Board's recommendation,
however included child care as an approved use.
The Planning and zoning Board at their April 16th meeting reviewed the
conditional use and site plan request and recommended approval sUbject
to conditions by a 4-2 vote. Most of those conditions identified have
been complied with. The remainder have been incorporated into the
enacting ordinance.
Recommend approval of Ordinance No. 72-89 with attendant site specific
site plan.
FIRST READINGS
Item No. 9 (Ordinance No. 17-90) This is a First Reading of an
Ordinance designating the "Scott House" located at 19 Andrews Avenue
as a Historic site for entry into the Local Registry for Historic
Places.
The House comprises over 2,200 square feet of living area while the
garage measures approximately 210 square feet. The interior of the
House features two staircase windows, hardwood floors, and an
accentuated fireplace with decorative moldings and a niche. The first
floor consists of a living room, bath, kitchen, enclosed loggia, and
dining room. The second floor has an open terrace, two bedrooms and a
shared bath. The House is one of the last remaining 1920's
Boom-period Mediterranean Revival residences in the beach area. The
razing of the Sea crest Hotel without salvage or documentation leaves
this structure as a legacy of the Boom Period.
The Historic Preservation Board at their March 16th meeting,
recommended approval.
Recommend approval of Ordinance No. 17-90 designating the Scott House
(19 Andrews Avenue) as a Local Historic Site.
, .
AGENDA REPORT
Meeting of 5/8/90
Item No. 10 (Ordinance No. 18-90) This is a First Reading of an
Ordinance amending the disability benefit provisions of the Police and
Firefighter Pension system to provide that disability benefits shall
be reduced by workers' compensation benefits to the extent such
benefits when added to the member's disability retirement benefit
exceeds the member's average monthly earnings on the date of
disability. Recently, the Florida Supreme Court held that a City
cannot reduce or offset an employee's disability pension benefits by
the amount of worker's compensation benefits received by the employee,
except to the extent that the two benefits together exceed 100% of the
employees average monthly wage prior to the injury.
As presently written, the City POlice/Firefighter Pension Plan
provides that the full amount of workers' compensation benefits
received by a member will be offset against the City disability
pension benefits received by a member, without regard to the amount of
the offset in relation to the member's pre-disability earnings. This
Ordinance brings the Police/Firefighter Pension Plan into compliance.
Recommend approval of Ordinance No. 18-90.
REGULAR AGENDA
Item No. 11 Conditional Use Approval. We received a request for
conditional use approval for a Level IlIA Group Home to be located on
the northeast corner of N.E. 4th street and N.E. 2nd Avenue. By
definition, a Level IIIA Group Home is a facility licensed by HRS to
provide a family living environment, including supervision and care
necessary to meet physical, emotional, and social living needs of
permitted residents, not to exceed a maximum of 20 permitted
residents. It mayor may not provide education and training. Direct
24 hour supervision is not required at all times. A staff ratio of
one on-duty supervisor to eight permitted residents is appropriate.
The permitted residents require mainly personal care, shelter, and
other support services.
The applicant's proposal is to utilize the premises for a female only,
intermediate residential care facility in connection with drug and
alcohol rehabilitation. These facilities shall not be used for crisis
intervention or other intensive care modalities, but rather will be a
residential facility intended to acclimate persons recovering from
drug and alcohol abuse as a last step to entering an unsupervised
residential environment.
Special notice of this request was provided to the Del Ida Historic
District, Old School Square Historic District homeowners group, and to
the remainder of property owners within 500 feet of the site. It is
anticipated that opposition will be raised against this proposal.
The Planning and Zoning Board at their April 16th meeting recommended
approval, (4-3 vote/ Bridges, Purdo and Coopersmith dissenting),
subject to conditions, and with the further condition that the
permitted residents be female only; based upon a finding that this
action complies with the Comprehensive Plan. The complete Planning
and Zoning staff report is attached as background material for this
item. The Historic Preservation Board at their April 20th meeting,
denied the application for a certificate of Appropriateness for this
property. Subsequently, it was determined that there is no
requirement for conditional uses to receive certificate of
appropriateness approval. Therefore, the recommendation for denial by
the Historic Preservation Board is simply a recommendation.
Recommend approval of conditional use for Personal Growth, subject to
the conditions recommended by the Planning and Zoning Board.
- 2 -
·
AGENDA REPORT
Meeting of 5/8/90
Item No. 12 Donation of Funding to the Delray Beach Historical
Society. The Historic Preservation Board received a request from the
Delray Beach Historical society regarding funding for the Society's
current exhibit "Legends". The Historic Preservation Board at their
March 16th meeting, agreed to help defray the exhibition cost by
donating $500. This action is on your agenda for ratification of that
action.
Funding is available in the Historic Preservation Board's Reserve
Account (No. 001-0000-248-0900). This account consists of donations
from businesses, private citizens, and a $2,000 donation from the
Historical Society, which was to be used as "seed money" when the
Historic Preservation Board was formed.
Recommend ratification of the Historic Preservation Board's
action donating $500 from their Reserve Account to the the Delray
Beach Historical Society.
Item No. 13 Award of Bid and Allocation of Interest Money. At your
May 1st workshop meeting, the Commission discussed construction
modifications to Fire station No.2. Those modifications approved by
the Commission included:
A. Mezzanine Floor- $15,080
B. Cabinetry at Alcove, Watch Office, etc.- $2,705
C. Aluminum storm Shutters- $25,102
D. Wood Lockers- $10,300
E. Jack Hole for Elevator- $1,472
The low bid, which includes these modifications, was submitted by
pioneer Construction Company in the amount of $1,005,879. The next
lowest bid was $12,407 higher than that submitted by Pioneer. No
contingency funds are included in this amount. Any change orders will
be brought before the Commission for approval. Funding is available
in 1987 utility Tax Bond (Account No. 333-2311-522-60.31/ $421,764);
1989 Note Construction Bond (Account No. 340-2313-522-60.31/
$447,610); and 1987 utility Tax Bond Interest (Account No.
333-0000-301-33.00/ $136,505).
award of contract for Fire
Inc. and allocate
Item No. 14 Appointment of an Insurance Task Team. Pursuant to
consensus reached at your May 1st workshop meeting, the Commission
decided to appoint a Task Team to review and make recommendations
regarding Employee Health Insurance Rates, Alternatives and Options.
Recommend appointment of members to an Insurance Task Team to review
and make recommendations regarding Employee Health Insurance Rates,
Alternatives and Options.
Item No. 15 Approval of Appointment and Terms of Employment for City
Attorney. At your May 1st workshop discussion was held regarding the
appointment of Jeffrey Kurtz as City Attorney and the terms of his
employment. Those terms agreed upon are:
A. Annual salary of $65,000 with performance and evaluation and
salary review during City Commission sessions on budgetary
matters and any increase in salary to be effective on October
1st.
B. Car allowance equal to the car allowance provided to the City
- 3 -
· .
AGENDA REPORT
Meeting of 5/8/90
Manager.
C. No severance pay upon termination, however is subject to and
entitled to the benefits provided to other non-union general
employees with the exception that any cost of living allowance
(COLA) increases would be in accordance with the increase granted
other management level employees.
Recommend appointment of Jeffrey S. Kurtz to the-position of City
Attorney and ratify terms of employment.
Item No. 16 Reclassification of Assistant City Attorney Position.
The Assistant City Attorneys have been classed as Assistant City
Attorney I and Assistant City Attorney II for several years. While
Herb Thiele was City Attorney, Jeff Kurtz was Assistant City Attorney
II and Susan Ruby, Assistant City Attorney I. with the appointment of
Jeff Kurtz as City Attorney he is proposing that Susan Ruby be
reclassified into the Assistant City Attorney II slot and leave
vacant, for the present time, the Assistant City Attorney I position.
Additionally, he is also proposing to increase her salary level from
$47,424 to $51,500 retroactively effective to April 28. This
reclassification is consistent with the increased work load which will
be placed upon both the City Attorney and the Assistant City Attorney.
Ordinarily such a reclassification would be within the purview of the
City Attorney absent any budgetary constraints, however, since Jeff
Kurtz's appointment to City Attorney will not be official until May
8th and in order to have the salary level effective retroactively,
this item is brought before the Commission for consiqeration.
Recommend approval of reclassification of Susan Ruby from Assistant
City Attorney I to Assistant City Attorney II.
Item No. 17 Reappropriation of 1988-89 Unencumbered Community
Development Block Grant Funds. This item is before you to authorize
the carry forward of 1988-89 Community Development Block Grant funds.
The unencumbered fund balance for 1988-89 is $290,400. This amount
would be carried forward making the Community Development Block
Grant's revised budget for 1989-90 $831,980. The unencumbered 1988-89
funds will be distributed as follows:
Administration- $8,942
Demolition and Clearance- $1,850
Recreation Improvements- $2,964
Contingency- $3,756
Housing Rehabilitation- $131,103*
Land Development Low/Medium Housing- $109,779
Rental Rehabilitation- $32,006
* Includes an adjustment of $16,174 from prior grant years.
Recommend approval of reappropriation of 1988-89 unencumbered
Community Development Block Grant Funds.
Item No. 18 City Hall Expansion. Recently we became aware of
additional expenses for which funding was not allocated. These
expenses were related to the Planning and Zoning Department's move
into a trailer during construction of the north wing as well as other
miscellaneous expenses. Specifically, they are:
Computer Hook-up for trailer- $948.55
Telephone Hook-up for trailer- $1,103
Electrical Hook-up for trailer- $6,475.71
Electrical Materials for trailer- $826.07
Electrical Service for trailer- $145
- 4 -
AGENDA REPORT
Meeting of 5/8/90
Plumbing Hook-up for trailer- $1,012.29
Plumbing Service for trailer- $130
Construction of temporary parking for trailer- $2,462.75
Cost of moving Planning Department into trailer- $500
Miscellaneous Materials for trailer- $1,001.57
Insurance for trailer- $2,347
Relocation of Palm Trees- $450
Equipment Rental- $199
The total expense incurred is $17,601.44. Funding is available in the
Unallocated Interest Earnings on the 1987 utility Tax Bond Issue.
Recommend appropriation of $17,601.44 from the Unallocated Interest
Earnings on the 1987 utility Tax Bond Issue to cover miscellaneous
expenses incurred in conjunction with the city Hall expansion project.
Item No. 19 Waiver to Definition of Family. The property owner at
344 Palm Trail is requesting a waiver to the Definition of Family
(Ordinance No. 91-88). This request is in compliance with provisions
provided for within that ordinance. The home is owned by the Heights
Foundation, classified as a tax exempt religious foundation. The
Foundation is requesting a waiver to allow five unrelated persons who
live together as a family by their commitment to the spirit and aims
of "Opus Dei" and not by marriage contract or blood relationship to
remain in the same house. Their contention is that the family operates
as any other normal home in the neighborhood and that if the city
requires two of these persons to vacate the premises it would cause
emotional turmoil and create a burden on the Foundation. The
applicant has indicated that each resident would have their own
bedroom; meals to be taken family style in the kitchen.
Recommend consideration of request for waiver of definition of family
for the Heights Foundation.
Item No. 20 Revocation of a Building Permit. The Pelican Harbor
Homeowners Association is requesting that the Commission revoke a
building permit issued to allow the construction of finger docks at
140 Harbor Circle. At your December 12th regular meeting, the
Commission approved three separate variances to permit a dock to
extend within 10 feet of the west property line; permit the finger
piers to extend 30 feet, six inches in to the C-15 Canal, and; to
allow dolphin piles to be installed 40 feet, six inches into the
Canal. At that time the adjacent property owners were notified and
expressed no objections to the proposed construction.
Subsequently, the Pelican Harbor Homeowners Association has come forth
with concerns regarding this construction. Those concerns are: that
construction of multiple docks will constitute a commercial venture;
create a nuisance; and create parking problems. Staff has reviewed
the request from the Pelican Harbor Homeowners Association regarding
revocation of the building permit, and has found no legal ground upon
which the City commission can stop the construction or revoke the
permit.
There is no recommendation for this item. It was placed on the agenda
as a courtesy to the Pelican Harbor Homeowners Association. No formal
Commission action is required as the property owner at 140 Harbor
Circle has met all of the technical and legal requirements necessary
for the issuance of a permit.
CONSENT AGENDA
Item No. 21 Request for Final Payment. We have received a request
for final payment in the amount of $13,868.17 from Charles S.
Whiteside, Inc. for completion of Atlantic Avenue Phase II
- 5 -
AGENDA REPORT
Meeting of 5/8/90
construction. Funding is available in 1989 Construction Fund- East
Atlantic Avenue Phase II (Account No. 340-4143-570-60.69).
Recommend a roval of re uest for final a ent in the amount of
13,868.17 w1th fund1ng from 1989 Construct10n Fund- East Atlant1c
Avenue Phase II (Account No. 340-4143-570-60.69)
Item No. 22 Extension of Contract. This item is. before you for
approval of a one year extension of contract with America's Pros for
maintenance of landscaping on Linton and Homewood Boulevards. The
conditions of the contract are the same as that previously approved
and is in the amount of $32,560 (an increase of $2,150). Funding from
Beautification Trust Fund Repair and Upkeep (Account
#119-4151-572-33.39).
Recommend a roval of a one ear extension of contract with America's
Pros 1n the amount of 32,560 w1th fund1ng from Beaut1f1cat10n Trust
Fund Repair and Upkeep (Account #119-4151-572-33.39).
Item No. 23 Change Order No. 4- N.E. 1st street Drainage project.
This Change Order No.4 is for $13,840.55 and in necessary to restore
pavement in conjunction with the installation of an eight inch water
main on N.E. 4th Avenue from Atlantic Avenue to N.E. 2nd street. This
project is being attached to the N.E. 1st street Drainage project for
the purpose of expediency. Funding is available in Water and Sewer-
N.E. 4th Avenue Water Line Extension (Account No. 441-5123-536-64.21).
Recommend approval to Change Order No.4 in the amount of $13,840.55
with funding from Water and Sewer- N.E. 4th Avenue Water Line
Extension (Account No. 441-5123-536-64.21).
Item No. 24 Approval of Contract between the City and Post, Buckley,
Schuh and Jernigan (PBS&J). This contract is for architectural
enhancements to the North Water Plant/Storage Tank in the amount of
$16,000. These enhancements include: a preliminary sketch of proposed
renovations to the North Plant Pump station for use as the Public
utilities complex administration building and related electrical work
required on the storage tank. The North Plant site originally
processed groundwater from nearby wells prior to storage and pumping
into the distribution system. subsequently, the South Treatment plant
was constructed in order to provide higher quality water to our
customers, which led to the North Plant site being converted to a
storage and pumping facility only. Funding is available in Water and
Sewer Capital Outlay- North Plant (Account No. 441-5162-536-60.93)
Recommend a~proval of a contract between the city and PBS&J in the
amount of 16,000 with funding from Water and Sewer Capital Outlay-
North Plant (Account No. 441-5162-536-60.93)
Item No. 25 Approval of Contract between the City and Post, Buckley,
Schuh and Jernigan (PBS&J). This contract is for engineering services
related to the replacement of the Master Wasterwater Pump station in
the amount of $156,450. The Master Station located in Veteran's Park
at the northwest corner of Atlantic Avenue and the Intracoastal
Waterway, conveys the majority of the wastewater generated in the City
to the Regional Wastewater Treatment Plant.
A number of problem conditions exist at this pumping facility. A
preliminary design report was prepared in late 1989 which recommended
the replacement of the station. This agreement provides for the
design, permitting, bidding, engineering during construction and
resident services of the replacement station. In addition the
recommended option of replacing the existing station with a
submersible station will also be reviewed. Funding is available in
the Water and Sewer Capital Outlay 1984 Water/Sewer contingency.
- 6 -
AGENDA REPORT
Meeting of 5/8/90
Expenditures from this account will be reimbursed from the 1990 Water
and Sewer Revenue Bond Issue or Line of Credit.
Recommend a~proval of a contract between the city and PBS&J in the
amount of 156,450 with funding from Water and Sewer Capital Outlay
1984 Water/Sewer Contingency and reimbursement from the 1990 Water and
Sewer Revenue Bond Issue or Line of Credit.
Item No. 26 Approval of Contract between the City and Post, Buckley,
Schuh and Jernigan (PBS&J). This contract is for engineering services
relating to the repair of the Elevated Storage Tank in the amount of
$20,554. The 500,000 gallon elevated water storage tank was
constructed in 1955. The tank was last inspected in 1985 and was
found to be in reasonably good condition, but in need of repair and
painting. Subsequently, cellular antennas and a microwave dish
constructed on the tank, have accelerated the need for maintenance.
Funding is available in the Water and Sewer Capital Building (Account
No. 441-5161-536-60.31).
Recommend approval of a contract between the city and PBS&J in
the amount of $20,554 with funding from Water and Sewer Capital
Building (Account No. 441-5161-536-60.31).
Item No. 27 Water Service Agreement. This Water Service Agreement
and attendant site plan was originally approved by the Commission on
September 12, 1989. Prior to "closing" on the property, B.P. Oil sold
it's interest in this station to Service Station Inc. for tax
purposes. The two companies, B.P. oil and Service station Inc. are
wholly owned subsidiaries of the Standard oil Company. B.P. oil has
entered into a lease with Service Station Inc. to operate this
property. No modification of the original site plan has occurred. As
B.P oil is no longer the property owner, the original water service
agreement is no longer valid and a new agreement has been drawn up for
your approval.
Recommend approval of water service agreement with Service station
Inc. and attendant site and development plan for the Gulf Station.
Item No. 28 Final Plat Approval. We received a request for final
plat approval for Ocean Crest Condominiums a 16 unit condominium
complex to be located on the east side of State Road AlA, south of
Linton Boulevard between Bermuda High South and Costa Del Rey North
condominiums.
This property has had quite a lengthy land use history. The most
recent activity involved the approval of a site and development plan
for a 16 unit condominium, which was before the Commission in October
1989. A condition of that approval was platting of the property. The
Planning and zoning Board at it's April 16th meeting certified the
plat as final and recommended approval subject to financial
guarantees, for public improvements, being meet.
Recommend approval of final plat for Ocean Crest Condominiums and
defer signing of mylar until appropriate financial guarantees are
received.
Item No. 29 Final Plat Approval. We received a request for final
plat approval for a replat of Old Harbor Square located on the
northeast corner of Federal Highway and Linton Boulevard. The
Commission had previously approved a final plat for this property,
however, a recent change in ownership necessitated a need to divide
interest in this project. This plat creates two lots within the
existing development. A change to the site plan which involves
relocation of the driveway along Linton Boulevard was approved by the
Planning and Zoning Board as a non-impacting site plan modification.
- 7 -
-
AGENDA REPORT
Meeting of 5/8/90
The Planning and Zoning Board at it's February 26th meeting, certified
the plat subject to the condition that recordation of easements be
accommodated concurrent with the recordation of the plat. The Board
also recommended City Code Section 159.30 regarding perimeter
landscaping relating to abutting properties be waived as it is not
applicable to this circumstance.
Recommend waiver of City Code Section 159.30, Perimeter Landscaping
Relating to Abutting Properties; approval of final plat with condition
that ingress/egress easements be recorded concurrent with recordation
of plat; and defer signing of mylar until appropriate financial
guarantees are received.
Item No. 30 Temporary Tent Permit. We received a request from the
National Church of God for a temporary tent permit to erect a tent, on
May 12, 1990, in the parking lot at 133 S.W. 13th Avenue. The
National Church of God will be sponsoring a Christian Youth Fellowing
Crusade from 1 p.m. to 7 p.m. on that date. The tent will be used to
provide shade for the equipment and guests during that outdoor
service.
Recommend approval of temporary tent permit for National Church of God
to erect a tent on May 12, 1990 in the parking lot at 133 S.W. 13th
Avenue.
Item No. 31 Request for Dock and Dolphin Pile Variances. We received
a request from property owner at 319 S.E. 7th Avenue for a variance to
construct a dock and two dolphin piles. The dock would extend 15 feet
into the Intracoastal, while City Code allows a maximum of five feet.
The two dolphin piles would be installed 35 feet into the
Intracosatal, while City Code allows a maximum of 25 feet. The
adjacent property owners have been notified and no objections have
been received. The Engineering Department has reviewed this request
and found that installation of the dock and dolphins as proposed will
not create a safety hazard and that it would be impossible to build a
useable dock and still meet City Code at this site.
Recommend approval of variances to construct a dock and two dolphin
piles at 319 S.E. 7th Avenue.
Item No. 32 Request to Erect Signs. We received a request from the
Soroptimist International of Boynton/Delray Beach for permission to
erect two 18 inch blue and brown single sided metal disc signs with
yellow reflectorized paint, one on north and one on south bound
Federal Highway at the City's entrance. The entrance signs presently
located on Federal Highway were installed approximately 20 years ago
by the Chamber of Commerce. While the Chamber put up the sign boards
they have never exercised any control of who has or has not been
permitted to erect a sign. According to City Code that is the
responsibility of the Commission. Therefore, this item is before you
for action.
Recommend approval of request from the soroptimist Club to erect two
signs at the City's entrance on north and south Federal Highway.
Item No. 33 Award of Bids and Contracts:
A. Replacement of 15 inch Gravity Sewer Main- S.E. 1st Street-
Southern Pipeline, Inc. in the amount of $21,042.50 with funding
from Water and Sewer/ Sewer Systems, Mains and Lines (Account No.
441-5141-536-60.66).
B. Radio Maintenance- Police Department- Motorola Communications
and Electronics in the amount of $52,475..40 with funding from
Repair and Upkeep- Equipment (Account No. 001-2113-521-33.32).
- 8 -
AGENDA REPORT
Meeting of 5/8/90
C. Water Main Installation- Country Club Acres- A.O.B.
Underground, Inc. in the amount of $59,220 with funding from
Water and Sewer Fund- Country Club Acres- (Account No.
441-5161-536-61.90.
D. One Economy Pick up Truck- Utility Billing- Dimmit Chevrolet,
Inc. (state Contract) in the amount of $8,994.88 with funding
from Water and Sewer- Utility Billing Capital Ou!lay (Account No.
441-5112-536-60.89) .
Item No. 34 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. city Manager
- 9 -
(1TY ar DELRAY BEAtH
_.-
WHEREAS, each year the National Trust for Historic
Preservation proclaims one week in May as preservation week for
the purpose of making residents aware of the preservation element
in their City, and;
vlHEREAS, "Keeping America's Heritage Alive" is the theme
for Historic Preservation Week, May 13-19, 1990, cosponsored by
the National Trust for Historic Preservation, the Delray Beach
Historic Preservation Board and the Delray Beach Historical
Society, and;
WHEREAS, Historic Preservation gives our community and
our visitors a deeper understanding, both architecturally and·
culturally, of the unique history of Delray Beach, and;
WHEREAS, "Keeping America's Heritage Alive" is of
special interest to the citizens of Delray Beach with the opening
of the 1913 building at Old School Square Cultural Art Center,
and;
WHEREAS, Historic Preservation Week provides an opportu-
nity for Delray Beach to celebrate the protection of our City's
treasured heritage,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the week of May 13-19,
1990, as
"HISTORIC PRESERVATION WEEK"
in the City of Delray Beach and urge all citizens to join in the
celebration of the historical and cultural heritage our country so
enjoys.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 8th day of May, 1990.
MAY 0 R
THOMAS E. LYNCH
b-A.
·
-
ORDINANCE NO. 72- 8 9
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED roc (PLANNED
OFFICE CENTER) DISTRICT IN SAD (SPECÏÀL
ACTIVITIES) DISTRICT; SAID LAND BEING A
PORTION OF LOT 20, IN BLOCK 1, OF DELRAY
SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK
2.4, PAGES 232 AND 233, PALM BEACH COUNTY
PUBLIC RECORD S , BEING IN THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
SAID LAND IS LOCATED AT THE SOUTHEAST CORNER
OF LAKE IDA ROAD AND DAVIS ROAD; GRANTING
CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN
APPROVAL WITH CERTAIN CONDITIONS; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1983R;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Board, at the meeting
held October 16, 1989, recommended zoning and placing of land
presently zoned POC (Planned Office Center) District in the
zoning SAD (Special Activities) District; and,
WHEREAS, the City Commission has determined that such
change should be made,
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 is
hereby zoned and placed in the SAD (Special Activities) District
as defined in Chapter 173 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
A portion of Lot 20, in Block 1, of DELRAY
SHORES SUBDIVISION, as recorded in Plat Book
24, Pages 232 and 233, Palm Beach County
Public Records, being in the Southeast
Quarter of Section 7, Township 46 South, I
Range .43 East, Palm Beach County, Florida, i
and being more particularly described as I
follows:
Beginning at the southwest corner of Lot 10,
Block 1, of said Plat of DELRAY SHORES, run
North 38 degrees 17 minutes 12 seconds East,
along the westerly line of said Lot 10,
110.00 feet to a point; thence run No rth 8
degrees 28 minutes 10 seconds East, 142.80
feet to a point being the southwest corner of
Lot 9, Block 1, DELRAY SHORES, thence run due
north along the westerly line of said Lot 9,
110.00 feet to a point on the south
right-of-way line of Lake Ida Road; thence
run due west along said right-of-way 311.61
feet to a point of curvature of curve to the
left, having a radius of 55.67 feet; thence
run southwesterly along said curve through a
central angle of 90 degrees, an arc distance
of 87.45 feet to the point of compound
curvature of a curve to the left, having a
radius of 109.35 feet; thence run southeast-
erly along said curve, through a central
angle of 44 degrees 15 minutes an arc dis-
tance of 84.45 feet to the point of compound 7
I
.
. I
curvature of curve to the left having a
radius of 1300 feet; thence run southeasterly
along said curve, through a central angle of
9 degrees 30 minutes, an arc distance 9f
215.55 feet to the point of reverse curvature
of a curve to the right, having a radius of
2990 feet¡ thence run southwesterly along
said curve through a central angle of 2
degrees 02 minutes 12 seconds, an arc dis-
tance of 106.29 feet to the point of begin-
ning.
LESS that portion beginning at the platted
northeast corner of said Lot 20, being also
the northwest corner of Lot 9¡ thence run due
west along the southerly right-of-way line of
Lake Ida Road, 311. 61 feet to a point of
curve to the left having a radius of 55.67
feet¡ thence run southwesterly along said
1 curve an arc distance of 9.96 feet to a
I point¡ thence South 89 degrees 24 minutes 33
seconds East, 321.53 feet to a point of
intersection with the easterly line of Lot
20, thence due north along said east line
.4.20 feet to the point of beginning.
The subject property is located at the
southeast corner of Lake Ida Road and Davis
Road.
The above described parcel contains 1.95
acres of land, more or less.
Section 2. That conditional use and site and
development plan approval for the subject property described in
Section 1, above, pursuant to Section 173.631 of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby
granted subject to the following expressed conditions:
(a) The only conditional uses to be allowed hereunder
are as follows:
! Antiques
Art Galleries/Cultural Institutions
Bakery, Retail, including take-out
Banks (Financial Institutions), excluding
drive-thrus
Barbershops
Bath Shops
Beauty Salons
Book Stores
Brokerage Establishments
Business Machines, including service
Business Offices
Butcher Shops
Cheese Shops
Child Care, subject to Sec. 173.063
Computer Sales and Services, including hardware
and software
Cosmetics
Dance Studio
Delicatessens
Draperies and Slipcovers
Dry Cleaning, limited to 1,500 sq. ft. and customer
pick-up
Dry Cleaning pick-up stations
Educational Institutions
Fabric Stores
- 2 - Ord. No. 72-~
..
I Florists
I Food Convenience Store (one (1) food convenience
I
I store shall be allowed on the premises)
:1 Garden Center (plants and accessories)
Gift Shops
Hardware, Paint, and Garden Supplies--
Health Foods
Hearing Aids
Hobby Shops (excluding firearms and ammunition)
Home Furnishings
Import Shops
Interior Decorator Shops
Jewelers
Leather Goods
Luggage
Martial Arts Studio
Medical Equipment
Medical and Dental Labs
Medical Offices
Music Studio
Optical Equipment
Pharmacy
Photographic Equipment and Supplies
Photographic Studios
Print Shop/Publisher
Professional Offices
Sewing Supplies
Shoe Store (sales and repair)
Sporting Goods (excluding firearms and ammunition)
Stationery
Tailoring
Toy Shops I
Travel Agencies I
TV Sales and Repairs
Wearing Apparel and Accessories
(b) That revised sewer and water drainage plans be
provided to accommodate the following:
(1) The proposed 6" sewer lateral from the
kitchen area must empty into a manhole
pursuant to Section 53.072 (F) . This will
require installation of a new manhole or
utilization of existing manhole *7.
(2) Verification that 2" tap exists at the main
where additional meter service is proposed.
If a 2" tap does not exist, a new tap and
service line will be required.
(3) Provide a grease trap or sand reception for
each dumpster pad if required by HRS. If not
required by HRS, drain and hose bib must be
removed from each dumpster pad.
(4 ) Provide pavement marking on Davis Road on
Paving and Drainage plan. Show the pavement
location of Udell Lane.
(c) That a revised site plan be provided to
accommodate the following:
(1) A landscape island east of the dumpster at
the northwest corner of the site.
( 2) Signage for 3 or 4 parking spaces, "Pharmacy
On ly" .
I
- 3 - Ord. No. 72-89 I
- ---'--- v~·
(',,\
,,¡
(d) That a boundary plat be submitted to include the
following:
(1) An additional fourteen feet: (14') of
right-of-way along Lake Ida Road::
(2) An easement for the new fire hydrant: and,
(3) Palm Beach County permits for work in Lake
Ida Road.
Section 3. That the development of the subject
property described in Section 1, above, is to be in accordance
with the site and development plans and attendant conditions as
approved by the City Commission on May 8, 1990, to-wit: Tutor
Time Child Care Center, Delray Beach, prepared by Digby Bridges,
Marsh & Associates Inc., P.A., Architects and Planners, 124 N.E.
5th Avenue, Delray Beach, Florida 33444, Sheet No. A-I (Site
Plan) dated 2/1/90 and revised 3/29/90 and 4/19/90, Sheet No. A-2
(Floor Plan) dated 2/1/90, Sheet No. A-3 (Elevations) dated
I 2/1/90 and revised 3/28/90 and 4/19/90, and Sheet No. L-1
(Landscaping Plan) dated 2/1/90 and revised 3/28/90 and 4/19/90:
and prepared by Olsak & Associates, Consulting Engineers, 308
Greymon Drive, West Palm Beach, Florida 33405, Sheet No. E-l
(Water and S. Sewer, Paving and Drainage Plan) dated January 1990
and revised 3/17/90, 3/29/90 and .4/21/90, and Sheet No. E-2
(Drainage - Details and Calculation) dated April 1990; all of
which are incorporated by reference and made a part hereof and
upon which the City has relied in granting this approval.
Section 4. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of ,19 .
MAYOR
ATTEST:
City Clerk
First Reading October 24, 1989
Second Reading
- 4 - Ord. No. 72-89 I
!
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT 111
~\'ùJ"- ~. Keu o..C\. \ ~ .
FROM: DAVID J. KOVACS, DIREC~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MAY 8, 1990 -
ALL AMERICAN ENTERPRISES REZONING - POC TO SAD
SECOND READING OF REZONING ORDINANCE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
on second reading on the enacting ordinance for a rezoning from
POC to SAD. The petitioner is All American Enterprises. The
property is located at the southeast intersection of Lake Ida
Road and Davis Road.
BACKGROUND
First reading of the rezoning Ordinance was originally forwarded
to the City Commission on October 24, 1990, with a unanimous
recommendation of approval from the Planning and Zoning Board.
With the SAD rezoning it is required that a site and development
plan be incorporated within the enacting ordinance. Upon first
reading, direction was given by the City Commission that the
ordinance would become void if a site plan were not processed in
sufficient time to be before the City Commission on March 13,
1990.
While the site plan had been submitted it would not have been
acted upon by the Planning and Zoning Board until March 19th,
thus a request to grant an extension of the previously imposed
deadline for the submission of the site plan was considered by
the City Commission at its February 13, 1990 meeting. The City
Commission granted an extension for the All American SAD to March
27, 1990.
At the March 19th Planning and Zoning Board meeting, the Board
considered the conditional use and the site specific plan for
Tutor Time Child Care Center to accompany the SAD ordinance.
Upon accepting public comments the Board continued the site plan
and conditional use to April l6, 1990 to allow the applicant an
opportunity to address the conditions contained in the staff
report as well as the comments raised during the public hearing.
PLANNING AND ZONING BOARD CONSIDERATION
The conditional use and attendant site plan for the All American
Enterprises SAD was heard by the Planning and Zoning Board at its
meeting of April l6, 1990. The request was forwarded with the
following recommendation which passed on a 4-2 vote (Klarer and
Coopersmith dissenting):
" Approval based upon positive findings pursuant to Section
l73.848 "Standards for Evaluating Conditional Uses" and
Section 173.867 "Standards for Evaluating Site and
Development Plan Applications" subject to the conditions
contained in the staff report and with the further
conditions that:
City Commission D~ ..lffientation
Meeting of May 8, 1990
Enacting of Rezoning Ordinance for All American Enterprises
Page2
- a boundary plat be submitted including the following:
- an additional 14' of right-of-way along Lake Ida
Road;
- an easement for the new fire hydrantr-_:
- Palm Beach County Permits for work within the Lake
Ida Road right-of-way be processed.
- the following additional uses be added to the permitted
uses list; Marshal Arts Studio, Dance Studio and Music
Studio.
The revised site plan dated April 19, 1990, has addressed most of
the associated conditions. Those conditions not yet addressed
have been incorporated and made a part of the enacting ordinance.
RECOMMENDATION
By motion, approval of the enacting rezoning ordinance on second
reading with the attendant site specific site plan.
Attachments:
* Ordinance by the City Clerk
* Cover page from the Planning and Zoning Board April 16 staff
report
* Planning and Zoning Board April 16, 1990 staff report is
available in the City manager's Office
REF/JA/4.4/CCALL
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\ ¡JL.HNN I NG B '-fiNING BOARD ..
CITY OF OELRRY BEACH
- -- STAFF REPORT - --
MEETING DATE: APRIL 16. 1990
AGeœ ITEM: III. E.
ITEM: CONDITIONAL USE, TUTOR TIME CHILD CARE, WITH ATTENDANT SIT~:PLAN. AT
3434 LAKE IDA ROAD
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LAKE IDA ROAD
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GENERAL DATA:
Owner... ,.......................All American Enterprises, Inc.
Agents..........................ROier G. Saberson & Marx Marsh
Location........................Southeast corner of Lake Ida Road
and Davis Road.
Property Size...................l.95 Acres (84,942 Sq. ft.'
City Land Use Plan..............Transitional
Existing Zoning.................POC (Planned Commerce Center)
Proposed Zoning.................SAD (Special Activities District)
Adjacent Zoning.................North of the subject property is
zoned PRD-4 (Planned Residential
Development District). South and
west is zoned R-IA-B (Single-
Family Dwelling District). East
is zoned POC, and RM (Medium to
Medium High Density Dwelling
District).
Existing Land Use...............Delray Medical Center which
contains Mr. Grocer, Delray
Shores Pharmacy and a medical
off ice.
Proposed Land Use...............In addition to the existing uses,
a proposed child care center with
a maximum of 1'14- students to
occupy several vacant bays within ITEM: IILE.
the shopping center.
Water Service...,."...... ......Existing on-site
Sewer service....."..........,.Existing on-site
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ORDINANCE NO. 1 7- 9 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CI~Y OF
DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTy-',KNOWN
AS THE SCOTT HOUSE LOCATED AT 19 ANDREWS AVENUE, WHICH
IS MORE PARTICULARLY DESCRIBED AS THE NORTH 50 FEET OF
THE WEST 110 FEET OF THE SOUTH 100 FEET, LESS THE WEST
10 FEET OF BEACH LOT 15, SUBDIVISION OF THE FRACTIONAL
EAST HALF OF SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43
EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AS A
LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY
MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at a meeting held on'"
March 16, 1990, unanimously recommended that The Scott House be
designated as Local Historic Site,
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 designated as a Local Historic Site,
to-wi t:
The Scott House, 19 Andrews Avenue, located on the
North 50 feet of the West 110 feet of the South 100
feet, less the West 10 feet of Beach Lot 15,
Subdivision of the Fractional East Half of Section 16,
Township 46 South, Range .43 East, De lray Beach, Palm
Beach County, Florida.
Section 2. That the Planning Director of the City of De lray
Beach, Florida, shall, upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay manner,
the above designation.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day of
, 1990.
MAY 0 R
ATTEST:
City Clerk
First Readåtl~ 9
Second Rea ]. \;i
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DATE: APRIL 24, 1990
TO: ROBERT A. BARCINSKI, INTERIM CITY MANAGER
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
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THRU: DAVID J. KOVACS, DIRECTOR PLANNING & ZONING
SUBJECT: REGULAR CITY COMMISSION MEETING OF MAY 8, 1990
RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD
TO DESIGNATE "THE SCOTT HOUSE" TO THE LOCAL REGISTER
OF HISTORIC PLACES
ACTION REQUESTED OF THE CITY COMMISSION
To Accept the Board's recommendation, and to direct the City
Clerk to prepare an enacting ordinance.
BACKGROUND
Pursuant to provisions of Section 174.02 of the City Code of
Ordinance, Local Register of Historic Places, steps have been
taken to designate the "The Scott House" as an historic
structure.
The designation is being made at the request of the owner,
Patricia Healy.
As required, a designation report was prepared (copy attached).
A public hearing before the Historic Preservation Board was duly
noticed, advertised, and held on March 16, 1990. At this meeting
the Board voted, unanimously, to recommend designation approval
to the City City Commission.
HISTORIC PRESERVATION BOARD RECOMMENDATION
Approve the ordinance designating "The Scott House", 19 Andrews
Avenue to the Local Register of Historic Places.
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THE SCOTT HOUSE
1925
DESIGNATION REPORT
HISTORIC PRESERVATION BOAR:p
DELRAY BEACH,FLORIDA
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THE SCOTT HOUSE
DELIAY BEACH, FLOIIDA
I. PURPOSE:
The purpose of The Scott House nomination to the Local Register
of Historic Places is: A) create awareness O'f the town's
architectural and historical buildings, B) províde an example
of appreciation for a particular era of the town's development,
C) encourage restoration and use of a structurally sound
building, D) acknowledge the contribution of one of Delray
Beach's pioneer families, the Scott Family, E) remember the
previously existing ensemble of structures known as the Seacrest
Hotel, and F) protect the last remaining Mediterranean Revival
style private building in the Beach Area built during the 1920's
Boom period before Delray and Delray Beach were joined and
incorporated in 1927.
II. LOCATION
The Scott House is situated at 19 Andrews Avenue, and is legally
described as "The North fifty feet of the west one hundred ten
feet, less the West ten feet of Beach Lot fifteen, Subdivision
of the fractional east half of Section sixteen, Township forty
three, Range forty three East, City of Delray Beach, Palm Beach
County, Florida. "
West of the Atlantic Ocean one block and a t block North of
East Atlantic Avenue, the house is positioned on the eastside
of Andrews Avenue facing West. It comprises the Northwest corner
of what once was the ensemble of buildings known as the Seacrest
Hotel: the main Hotel building along Atlantic Avenue and Ocean
Boulevard and another contributing building that was situated
along Atlantic Avenue at the Northeast corner of Andrews Avenue.
Built when De1ray Beach was a separate community from the Town
of Delray, the Scott House provides a landmark for appreciating
the prevalent Mediterranean Revival style of the 1920s.
III. STRUCTURE
Constructed in c. 1925 with later additions and repairs, the
Scott property consists of,the Scott House, a two story main
building and a detached one story garage apartment. Stucco on
frame in construction, the house soars twenty two feet. The
enclosure of the South Loggia in the house ,the enclosure of
a east porch, and additions to the stucco on frame garage are
the primary changes to the original structure.
The classic Mediterranean Revival style front west elevation
features matching double columns sheltering an oval doorway,that
forms an elaborate entrance topped by a decorative wrought-iron
balcony. The upper North corner is embellished with a Spanish
style shield and inlay. The rhythm of the five period windows
instills the harmony of the barrel tile roof line that is framed
by the original carved wooden eaves. Crowned with a stucco
detailed chimney, the open, second story terrace features a
decorative awning with ocean view panoramas.
The Scott House
Structure(continued)
The entrance planters and current stairway configuration
have been altered over the past several decades. The open air
South Loggia was enclosed probably after the severe 1928
hurricane when devastating winds damaged all the hotel buildings.
The Scott Family made many repairs to the structures following
the storm.
The House comprises over 2,200 square feet of 1i:lfing area while
the garage measures approx. 210 square feet. The exteriors have
been recently restored, and all adaptations have been in keeping
with the original style of the House. The irregular window
patterns prevalent during the 1920s is in contrast to the South
Loggia elevation which features six eight-pane casement windows.
The interior of the House features two staircase windows,
hardwood floors,and an accentuated fireplace with decorative
moldings and a niche. The first floor consists of a living
room, bath, kitchen, enclosed loggia, and dining room. The
second floor has an open terrace, two bedrooms and a shared
bathroom. . The site was selected because of its distance from
the ocean, the panorama it provided, and its access to the -
Seacrest Hotel.
IV. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
E. H. Scott, Senior Station agent for the Southern Division
of the Florida East Coast Railroad , was a Director of the De1ray
Bank and Trust,a Director of Ocean City Lumber Company, and
a prominent Civitan Club member. A native Floridian and Delray
pioneer, Mr. Scott arrived in Delray in 1915. He was elected
Mayor in 1918,and again in 1942. Sensing the need for a resort
hotel, he contracted with L.H. Walker to build the Seacrest
Hotel between 1924-1925. Situated on the corner of Ocean
Boulevard and Atlantic Avenue, the Seacrest Hotel was an
architectural landmark for over fifty years. Opened as a year
round resort, the Seacrest Hotel was the first Mediterranean
Revival style hotel to be built in Delray Beach, and was probably
designed by a Palm Beach or Miami architect. All three structures
were probably built by the same designers and craftsmen.
The property for the Scott House was owned by John B. & Mary
Leatherman, prominent early pioneers. Mr. Leatherman was a
noted Dunkard as well as civic booster who sold the parcel to
John J. Schabinger in 1909. Mr. Schabinger was a respected
Banker and friend of Mr. Scott's who sold the parcel to Mr.
Scott in 1925. During Scott's ownership(192S-1933), the existing
house was constructed. The property was quit claimed to Mrs.
Archie Scott Fitch in March,1933. The sister of E.H. Scott,
Mrs. Fitch used the house as a seasonal home until August,1944
when it was purchased by another of Delray's distinguished
personalities, Mr. Me1 F. Riley,Jr.
The House is one of the last remaining, 1920's Boom-period
Mediterranean Revival residence in the beach area. While the
1928 hurricane devastated over 225 buildings in the community,
it has been the post war zoning changes that have contributed
to the demolition of every other oceanside Mediterranean style
structure. The razing of the Seacrest Hotel without salvage
or documentation leaves this structure as a legacy of the Boom
Period. In July,1929 E.H. Scott applied for building permits
to repair the Hotel and other buildings on the site following
the storm surge.
Architecturally, the residence reflectsan excellence in
craftsmanship, and the popularity of this style. The original
building materials are in good condition, and the secondary
alterations only slightly detracts from the original design.
The Scott House
19 Andrews Avenue
V. PRESENT USE, CONDITION AND ZONING
19 Andrews Avenue is currently used as residence, business
office, and guest quarters. Its multiplicity of }lSeS creates
the foundation for its economic survival in a densely developed
area where land costs are substantial.
The House and Garage are both in Very Good Condition. The
enclosure of the South Loggia,the attachment of a parking awning,
and the open-air second story Terrace only slightly detract
from the original design. The modifications to the east porch
of the house are not visible from the stree.t.
The existing Commercial Zoning permits a variety of uses which
insure the continued vitality of the building.
,
VI. IMPACT
The desigation of the Scott House to the Local Register of
Historic Places acknowledges the contribution of E.H.Scott to
the genesis of image and character which defined Delray Beach
as one of South Florida's premiere resorts, that also served
as the most architecturally and culturally significant community
between Coral Gables and Palm Beach. Further, it reinforces
the need of the community to recognize the quality in
craftsmanship of the Town's early builders, and serves as a
reminder of the dimension,scale, and proportion of life in this
village-by-the sea.
VII. RESOLUTION
The Historic Preservation Board of Delray Beach accepts this
designation report and resolution to place the Scott House on
its Local Register of Historic Places. The Historic Preservation
Board finds that the Scott House is consistent with the City's
acknowledgment of its architectural and historical resources.
Further, the designation serves as a permanent reminder of De1ray
Beach's resort tradition, and as a contribution of one of its
prominent citizens and former Mayor , E.H. Scott.
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ACKNOWLEDGMENTS - -
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Interviews
Robert Currie
Rhonda Sheppard
Mrs. Mel F. Riley.Jr.
Dr. Donald W. Curl
Hr. Fred Brotherton
Lena Scott O'Neal
Delray Beach News. 1925-1929
Palm Beach Post
Historical Society of Palm Beach County Archives
Delray Beach Historical Society
City of Uelray Be<:1ch Property Records
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ORDINANCE NO. la-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY",
SUBSECTION (E), "DISABILITY RETIREMENT PROVISIONS",
SUBSECTIONS (5) AND (7), TO PROVIDE THAT DISABILITY
BENEFITS SHALL BE REDUCED BY WORKERS' COMPENSATION
BENEFITS TO THE EXTENT SUCH BENEFITS WHEN ADDED TO
THE MEMBER'S DISABILITY RETIREMENT BENEFIT FROM THE
SYSTEM EXCEED THE MEMBER'S AVERAGE MONTHLY EARNINGS
ON THE DATE OF DISABILITY; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 33.62 (E) (5), "Disability Retirement
Benefits", and Section 33.62(E)(7), "Annual Benefit Adjustments", of the
Code of Ordinances of the City of Delray Beach, Florida, are hereby
amended to read as follows:
(5) Disability retirement benefits.
(a) Eligibility. All members are eligible for service
incurred disability benefits, regardless of their length of
continuous service. Each member who completes ten years of
continuous service prior to becoming disabled shall be eligible for
nonservice incurred disability benefits.
(b) Initial amount of service incurred disability benefit.
Seventy-five percent of the member's average monthly earnings in
effect on the date of disability, subject in any event to the
offsets listed below.
(c) Initial amount of nonservice incurred disability benefit.
Where eligible, 2% of average monthly earnings in effect on the
date of disability for each year of continuous service, subject in
any event to maximum 50% of average monthly earnings and subject
further to the offsets listed below.
(d) Terms of payments. Disability benefits shall commence on
or as of the first day of the month coincident with or next fol-
lowing the date of disability, as established by the Board of
Trustees, and shall continue to be paid on the first day of each
subsequent month until the death or recovery of the disability
retires. The same survivorship percentages which apply to normal
retirement benefits shall also apply to disability retirement
benefits.
(e) Benefit offsets. Disability retirement benefits
described above shall be reduced by any disability benefits paid by
social security er , by workers' compensation benefits to the
extent such benefits when added to the member's disability retire-
ment benefit from the system exceed the member's average monthly
earnings on the date of disability, and er by other benefit offsets
set forth in division (E) (7) of this section. The reduction for
social security shall be in the amount of the primary insurance
amount only, not including any family benefit. Any cost of living
adjustments in the disability retiree's social security and
workers' compensation benefits shall not serve to reduce further
the disability benefit payable from the system. The reduction for
10
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social security disability benefits shall terminate upon the
retiree's attainment of age 65. In the case of a lump sum settle-
ment paid by workers' compensation, the disability retirement
benefit payable from the system shall be s't:t!J~el'uiec! -rer -a -eer~a!l'\
l'\~er -er -!'ftel'\~fts,:, --'1?fte -l'\~er -er -!'ftel'\~fts -er -s't:ts~~l'\s!el'\ -sfta%% -},e
adjusted as follows: _:
ill The amount of the lump sum settlement shall be
divided by the member's remaining life expectancy (in months), as
determined using standard actuarial tables approved by the plan
actuary;
ill If the number obtained in subparagraph (1) , above,
when added to the member's monthly disability retirement benefit
from the system, exceeds the member's average monthly earnings on
the date of disability, the amount of the excess shall be deducted
from the member's monthly disability retirement benefit from the
system, for the duration of the member's remaining life expectancy
as determined in subparagraph (1), above. e},~a!l'\eà-},y-à!v!à~l'\~-~he-
aJ'fte't:tl'\~ -er -~fte -h!l'ft~ -Stu'l'l -!le~~%e!'ftel'\~ -},y -~fte -M\e't:tl'\~ -~fte -à~sa¡'~%~~y
},el'\er!~-we't:t%à-},e-!r-~ftere-were-l'\e~-werkers~-ee!'ft~el'\sa~~el'\-errse~,:,
111 If the number obtained in subparagraph (1), above,
when added to the member's monthly disability retirement benefit
from the system does not exceed the member's average monthly
earnings on the date of disability, there shall be no reduction of
the member's disability retirement benefits from the system.
Once the number of months of suspension has been completed, the
disability retirement benefit from the system shall be resumed.
Additional benefit adjustments shall also apply as described below
in division (E)(7) of this section.
(f) Eligibility for other benefits. In the event that a
member applying for disability benefits is also eligible for either
early or normal retirement, the Board may, upon the request of the
member, pay the early or normal retirement benefit instead of a
disability retirement benefit.
(7) Annual benefit adjustments.
(a) The monthly disability retirement benefit of each person
who is receiving benefits on, or who shall receive benefits after
the effective date of this subchapter, shall be adjusted annually
as described herein. First, the sum of the following items shall
be calculated for the previous calendar year:
l. The disability retirement benefits paid from the
system;
2 . The social security pr imary insurance amounts ( not
including family benefits) less any cost of living adjustments
since the benefit first went into effect;
3. The workers' compensation disability benefits
(excluding medical reimbursements) less any cost of living adjust-
ments since the benefit first went into effect, to the extent that
such benefits , when added to the member's disability retirement
benefit from the system exceed the member's average monthly
earnings on the date of disability; and
.4. Any earned income (as defined in division (E)(ll) of
this section) received as evidenced by the IRS W-2 forms (excluding
2 ORD. NO. 18-90
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any sick and vacation pay received from the city pursuant to the
disability, as determined by the Board of Trustees).
(b) The annual rate of earnings of the disability retiree on
his date of disability (utilizing the minimum set forth herein)
shall then be subtracted from this sum. If there is any excess of
the sum over the sum of the disability retiree~s pre-disability
annual earnings rate (with a presumed minimum upon the effective
date of this subchapter of $30,000) as increased or decreased
annually by the city in accordance with the salary funded for
comparably funded city positions, then the disability retirement
benefit payable from the system shall be reduced. The amount of
the annual reduction shall be equal to 50% of any sums up to and
including $15,000 of the excess, plus 100% of the excess, if any,
which exceeds $l5,000 in excess of the as-adjusted disability
retiree's predisabili ty annual earnings (with a presumed minimum
upon the effective date of this subchapter of $30,000). The annual
reduction so computed shall then be divided by 12 to make it a
monthly reduction. The monthly reduction shall then be subtracted
from the monthly disability retirement benefit which has most'
recently been paid. If the sum of the four items listed above is
less then the disability retirement benefit computed in accordance
wi th division (E) ( 5) (b) or (c) of this section, as applicable,
prior to the offset provided by (E)(5)(e) of this section, then the
disability retirement benefit payable form the system shall be
increased. The amount of the annual increase shall be equal to the
amount of the disability retirement benefit computed in accordance
wi th division ( E) ( 5) (b) or ( c ) of this section, as applicable,
prior to the offset provided by division (E)(5)(e) of this section,
minus the sum of the four items listed above. The annual increase
so computed shall then be divided by l2 to make it a monthly
increase. The monthly increase shall then be added to the monthly
disability retirement benefit which has most recently been paid.
The newly adjusted disability retirement benefit shall be paid for
the 12 months beginning on the next January l; however, the dis-
ability retiree may petition the Board no more than once annually
during that l2-month period for a recomputation of those benefit
adjustments, which the Board may elect to consider and grant based
upon demonstrated exigent circumstances occurring to the disability
retiree subsequent to the last benefit adjustment. Upon the death
of the disability retiree prior to his recover, the monthly benefit
rate without any adjustments shall be used to compute any survivor
benefits which are payable from the system.
Section 2. Tha t 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 deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That this ordinance shall take effect as of April
20, 1989.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3 ORD. NO. 18-90
I
CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 May 03,90 13:16 P O?
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CITY .""ORNEY·S OFFICE 310 S.E, lit STREET, SUITE" DELR~Ÿ BEACH. FLORIDA 33483
"I 1 401/243·7090 TELECOPIER 407/2784755
MpgRANDUM I
I
Date: May 3, 1990 I
To: city Commission [ .; jl1t'
From: Jeffrey S. Kurtz, Actin9 City Attorney A
SUbject: Police and F1refiqhter Retirement syst ~- Amendment
Limiting Workers' compensation Offset From Disability' --
Benefits
Attached is an ordinance which amends the disability benefit
provisions of the City of Delray Beach Police and Firefighter
Pension System concerning the offset for workers' compensation
benefits. The ordinance was brought about by a decision of the
Florida Supreme Court in Barraaan v. City of Miami, 545 So.2d
252 (Fla. 1989). In Barraqan, the court held that a City
cannot reduce or offset an employee's disability pension
benefits by the amount of workers' compensation benefits
received by the employee, exceft to the extent that the two
benefits toqether exceed 100\ 0 the employee's average monthly
wage prior to the injury.
As presently written, the City' p011ce/F1refightir Pension Plan
provides that the full amount of workers' compensation benefits
received by a msmber will be offset against the City disability
pension benefits received by the member, without regard to the
amount of the offset in relation to the member's pre-disability
earnings. The attached ordinance amends the POlice/Firefighter
Pension Plan to brin; it into compliance with the Barraaan
decision.
The attached ordinance has been recommended by the Board of
Trustees of the Police and Firefighter Pension System. The
ordinance also incorporates several provisions which were
proposed by the firefighters union.
Please contact me if you have any questions concerning the
attached ordinance.
JSK:sh ¡
Atta.chment
cc: Robert A. Barclnski, Acting City Manager
Poltce and Plrefighters Pens ton Board ot Trultees
.
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C I T Y COM MIS S ION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
- '
SUBJECT: MEETING OF APRIL 24, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ALLOW A
LEVEL IIIA GROUP HOME AT THE NORTHEAST CORNER OF N.E.
2ND AVENUE AND N.E. 4TH STREET. (Personal Growth, Inc. )
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of conditional use request for a Level III Group
Home at a site within the RM-10 zone district.
The site under consideration is located at the northeast
corner of N.E. 2nd Avenue and N.E. 4th Street and is
presently the site of a nine unit apartment building with
attendant accessory structures.
BACKGROUND:
There is no significant development history with respect to the -
site. The P&Z Staff Report, page 1, provides a project
description which highlights the definition of a Level IIIA Group
Home and the applicant's intent.
The project analysis is also contained in the staff report. The
staff assessment of the request was that it was appropriate for
the area, given benefits to be realized from upgrading of the
site and the transitional area of the immediate area.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on this
conditional use on April l6, 1990. The request was forwarded
with the following recommendation which passed on a 4-3 vote
(Bridges, Purdo and Coopersmith dissenting):
"approval based upon a finding that, in accordance with
Policy A-6.2 of the Housing Element, the use of the site is
such a manner that will aid in the stabilization of the
area; and upon a finding of general compliance with the
standards for evaluating a conditional use request as set
forth in Section 173.8.48(B), subject to conditions as listed
in the Planning and Zoning Board staff report and with the
further condition that the permitted residents be female
only."
The following expressions, comments, and positions were put
forth by Board Members with respect to the recommendation:
Schneider: the existing condition of the site is a supporting
factor for approval in that upgrading will be
achieved
Coopersmith: did not agree that it was appropriate for the area
Klarer: support for Mr. Schneider's view point and noted
that the clientele are of a voluntary nature
Schmidt: felt that the area was transitional in nature and
doubted that after it was established that it
would have any impact at all. Noted that if the
facility were proposed more within the Del Ida , \
neighborhood that he might view it differently.
·
Purdo: disagreed with locating such a facility in
Pineapple Grove and felt a better use of the site
would be for an office building which would bring
activity to the area; he would support a more
positive use for the site. - .
The Board heard testimony in support from the project's
representative and in opposition by !1ary Lou Jamison who
represented the Del Ida Homeowners Group. In addition, there has
been one letter received in support and one in opposition from
property owners who received notice of the hearing.
HISTORIC PRESERVATION BOARD CONSIDERATION:
A Certificate of Appropriateness is required. The Historic
Preservation Board at its meeting of April 20th considered the
Certificate of Appropriateness. Upon motion, the Board denied the
Certificate of Appropriateness for the conditional use. However,
it has been subsequently determined that the Board may only make
a recommendation versus final action on the Conditional Use
aspect of the Certificate of Appropriateness. The Board's action
is thus forwarded to the City Commission as a recommendation of
denial on the Conditional Use aspect of the Certificate of
Appropriateness.
RECOMMENDED ACTION:
By motion, approval of the requested conditional use request
pursuant to the recommendation of the Planning and Zoning Board.
Attachments:
* P&Z Staff Report of April 16, 1990
REF/DJK#60/CCGROUP.TXT
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- -- STAFF REPORT - - -
CI'TY OF OELRAY BEACH
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MEETING rnTE: APRIL 16, 1990
AGe.œ ITEM: III.B.
CONDITIONAL USE, PERSONAL GROWTH, INC. (GROUP HOME) WITH ATTENDANT
ITEM: SITE PLAN AT THE SOUTHEAST CORNER OF N.E. 2nd AVENUE AND N.E. 5th STREET
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Char les I . and Jeanne Goodson
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Center for Personal Growth, Inc.
t-Iorris Yoffe, President
Location........................Northeast corner of Northeast 4th
Street and Northeast 2nd Avenue.
Property Size................... .29 Acres
City Land Use Plan..............Residential Transitional
C i t Y Z 0 n i n g . . . . . . . . . . . . . . . . . . . . . R:'I- 1 0 (I.jul tiple Family)
Adjacent Zoning.......... .......North, West, and East of the
subject property are zoned RH-IO,
the South is zoned GC.
Existing Land Use...............9 unit multiple family residence
Proposed Land Use...............Female only, intermediate
l-'::.'sidential care facility 1n
conncction \OJi th alcohol and drug
-'\busc rehabilitation
Water Service....... .... ........E~isting on-sitc
SCv/cr Scrvice.................. .E;·:isting on-site AGENDA ITEM: llI.B.
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ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a conditional use request for a Level IIIA
Group Home. Associated with the request is a site and
development plan which addresses site upgrading.
The application involves an existing structure located at
the northeast corner of N.E. 2nd Avenue (Pineapple Grove
Way) and N.E. 4th Street.
BACKGROUND:
Development History: There are no files nor previous use history
with respect to this site. The site is occupied by an apartment
structure which is currently inhabited. A second structure has
living accommodations and a garage.
Recent development activity in the area includes the approval of
a conditional use for an Interior Design Professional Office
(under RM-10 zoning) on the parcel adjacent to the east. In
1988, a request for renovation and intensification of use at the
gasoline station on the southeast corner of 2nd and 4th was not
approved. Other development activity in the area was
controversial only with respect to the issue of right-of-way
dedications along N.E. .4th Street. This matter is well
documented in the Professional Office (adjacent property) staff
report.
Project Description: The generic request is for a Level IIIA
Group Home which is described in Section 173.066(C)(6) as:
"A facility licensed by HRS to provide a family living
environment, including supervision and care necessary to
meet physical, emotional, and social living needs of
permitted residents, not to exceed a maximum of 20 permitted
residents. It mayor may not provide education and
training. Direct 24-hour supervision is not required at all
times. A staff ration of one on-duty supervisor to eight
permitted residents is appropriate. The permitted residents
require mainly personal care, shelter, and other support
services."
The applicant's statement expands upon the use as follows:
"Applicant intends to utilize the premises for a female
only, intermediate residential care facility in connection
with drug and alcohol rehabilitation. These facilities
shall not be utilized for crisis intervention or other
intensive care modalities, but rather will be a residential
facility intended to acclimate persons recovering from drug
and alcohol abuse as a last step to entering an unsupervised
residential environment."
c.
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P&Z Staff Report
Personal Growth Group Home - Conditional Use
Page 2
physical changes to the property are to include:
* refurbishing of the main building resulting in eight
apartments as is currently the case
* partitioning the existing garage apartment to two units
* enclosing the garage spaces which open onto N.E. 4th Street
and using the area for storage
* provision of on-site parking
* general refurbishing of the grounds and building.
PRO J E C TAN A L Y S I S
STANDARDS FOR EVALUATING CONDITIONAL USE APPLICATIONS: The
following analysis is conducted pursuant to Section 173.848(B).
Where appropriate, the evaluation is conducted with respect to
the current use of the property as a nine unit apartment complex.
(1) Ingress and Egress: There is no significant change to
ingress and egress to the site with the exception that the garage
area which fronts on N.E. 4th Street will be closed off thus
reducing points of access onto N.E. 4th Street. Further, the
amount of average daily traffic (ADT) will decrease under the
proposed usage in that occupancy will be limited to twenty (20)
individuals whereas a greater number could occupy the property as
an apartment complex.
(2) Off-street parking and loading: A loading area is not
required. Provisions are being made for eight parking spaces.
This number of spaces meets requirements of 173.066(F)(3). All
spaces are designed so that a vehicle may enter and depart the
site in a forward manner. Restrictions on the activities of the
permitted residents (with respect to car use) will lessen parking
demands from what they may currently be in an unrestricted nine
unit apartment complex. A portion of the parking area is to be
provided on grass (as allowed by code). Paving will be provided
in order to accommodate on-site maneuvering.
(3) Refuse and service areas: Refuse 'will be accommodate
through standard roll-out carts. No significant impact is
anticipated.
(4) Utilities: All utilities are provided for the existing use.
The proposed use will have a diminished demand on utility
service.
(5) Screening and buffering: No significant improvements are
proposed. The site is currently buffered by the structures which
are adjacent, or close to, the south, east, and north property
lines. No additional screening or buffering is required nor
,
.
."
. P&Z Staff Report
Personal Growth Group Home - Conditional Use
. Page 3
desired. The property will be upgraded to meet the minimum
landscape requirements of the City and, thus, enhance the
appearance of the property.
( 6 ) Signs and exterior lighting: No signing is proposed. If
any additional lighting is provided it will only be for security
purposes and provided in a manner consistent with residential
use.
( 7 ) Required setbacks and "- .
open spaces: There are no specific
requirements for open space in the RM-10 Zone District. There is
a requirement that building coverage not exceed 40\ of the site.
Approximately 30\ of the site in covered by structures.
Setback violations occur along all sides of the site. These
nonconforming situations may continue. The situation along N.E.
4th Street is most significant since obtaining right-of-way for
the future widening of N.E. 4th Street· will necessitate
demolition or relocation of the "accessory" structure.
( 8 ) General compatibility with adjacent properties and other
property in the zoning district: The orientation of the site is
to N.E. 2nd Avenue. The property across N.E. 2nd Avenue is a
professional office. The property adjacent to the east is a
mixed of professional office and duplex/apartment rental units.
The property to the immediate north is vacant. In that the use
of the property is less intense than the current potential
general compatibility should occur. Other uses in the zoning
district (RM-10) are more office related than multiple family;
thus, the proposed use would present an incompatibility.
Early responses to the public notice for the hearing have brought
forward opposition to the location of a group home at the site.
At least one objection has been raised on the basis that similar
facilities exist in the nearby area.
( 9 ) Height: There is no change in the height of the structures.
( 10) Economic effects on adjacent and nearby properties and the
City as a whole: Given the scope of the proposal and its
similarity to the existing use, there should be no significant
economic impact either positive or negative. Group homes are
located throughout the City and most are unknown to neighborhood
residents. Since there are no immediate homeownership neighbors
a negative effect on property values is not predicted.
UPGRADING REQUIREMENTS: When a conditional use request is before
the Board consideration is given as to what degree, if any, the
site should be upgraded. A site upgrading proposal has
accompanied the conditional use request (see provided site and
landscaping plan). The upgrading proposal has not been objected
to during technical staff review. However, emphasis is placed on
the following items:
,
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P&Z Staff Report
Personal Growth Grou~ Home - Conditional Use
Page 4
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1. Restriction on access from the current garage area onto
4th Street (this is a part of the proposal);
2. Modification to the stairway leading to the second
story of the accessory building so as not to enter
directly upon the street/sidewalk; and,
3. That a sidewalk be installed along N.E. 4th Street in a
manner acceptable to the City Engineer.
--- -
Other items of a technical nature dealing with standard code
compliance have been communicated to the applicant. They have no
bearing on the action before the Board.
Right-of-way dedication: The County Thoroughfare Plan calls for
an eighty foot (80 I ) right-of-way along N.E. .4th Street, east of
Swinton Avenue. The City Commission has directed staff to pursue
reduction of that standard to sixty feet ( 60 ' ) due to the
constrained nature of this street facility. Accordingly, only a
five foot ( 5 ' ) dedication was extracted when the professional
office conditional use was recently approved on the adjacent
property. Acquiring such a dedication immediately presents a
problem on this site in that the accessory building would be
located within the dedicated area. To resolve this situation, it
is recommended that a reservation (offer of dedication) of five
feet be made with the proviso that when the taking occurs, the
property owner shall be responsible for moving, demolishing, or
otherwise providing that any portion of the accessory structure
which encroaches within the dedicated area be removed at his
expense.
Other items: Since the property functions as a single site but
is described as two lots, a Unity of Title should be provided.
CERTIFICATION OF APPROPRIATENESS: The property is located within
the Del Ida Historic District. As such, the conditional use
request is subject to obtaining a Certificate of Appropriateness
from the Historic Preservation Board. Normally, action on the
COA is obtained prior to action by the Planning and Zoning Board;
however, it was not possible to have the Board meet prior to the
Planning and Zoning Board meeting, thus action on the COA has not
occurred. Such an action must occur prior consideration by the
City Commission. If the COA is denied, the HPB action may be
appealed to the City Commission.
COMMENTS FROM OTHERS:
Special notice was provided to the Del Ida Historic District
homeowners groups and the Old School Square Historic District
homeowners group in addition to the general mailing to property
owners within 500' of the site. It is anticipated that
representatives of Del Ida Historic District will speak in
opposition to the request.
(.
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. P&Z Staff Report
Personal Growth Group Home - Conditional Use
Page 5
The Community Redevelopment Agency reviewed the request at their
meeting of April 9, 1990 and recommended approval.
STAFF ANALYSIS: In general, the request appears appropriate
particularly in light that it presents a reduction in the
potential of use intensity and will result in an immediate
upgrading of the site. In the long term approval is beneficial
in that once the Group Horne use is established reversion to an
apartment use will require further upgrade of the property prior
to such a reestablishment of use i.e. provision of- increased
parking areas or a reduction in the number of units, and an
increase in the floor area of the apartments to meet the zoning
code requirements.
Specifically, the Comprehensive Plan speaks to accommodation of
group homes and similar uses through Policy A-6.2 of the Housing
Element, to wit:
"That whenever application is made for group homes and
housing for special groups, the request shall be evaluated
against the impact which will be made upon the stability of
the neighborhood. Further, an assessment shall be made of
the proximity of similar uses, their impact, and how the
number of facilities related to the need by Delray Beach
residents for the facility. The results of such an
assessment shall be considered by the Local Planning Agency
and the City Commission in their actions through the
conditional use permitting process."
While there are other group homes in the general area, there is
no known impact which these homes have upon the area. There is
not a predominance of group homes in the area. The need for the
facilities was discussed by the project applicant at the Board's
worksession. With respect to the stability issue, this area has
been generally classified as needing stabilization and
revitalization. Thus, the request should be viewed as to whether
or not it aids or retards stabilization and revitalization.
Because of the immediate benefits and a reduction in the
potential overcrowding of the current facility and site, the
Director favors a determination that the request benefits
stabilization.
Finally, the location is that of a transitional land use
character as witnessed by rental units and professional offices
within RM-10 zoning. In addition, it was previOUSly contemplated
that this area of RM-10 zoning be designated at Residential
Office ( RO) . As such, and because of its proximity to shops and
food stores which diminish reliance upon automobile travel the
group home use seems quite appropriate for this location.
ALTERNATIVE ACTIONS:
1. Forward with a recommendation of approval based upon
appropriate findings and subject to conditions.
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P&Z Staff Report !
.
Personal Growth Group Home - Conditional Use,
Page 6
2. Forward with a reconunendation of denial based upon a
determination that the introduction of another group home
into the general area would detract, rather than encourage,
the stabilization of the neighborhood and thus be contrary
to policy direction contained within the Comprehensive Plan
which calls for the stabilization of neighborhoods.
3. Continue, with concurrence of the applicant, and direction
to staff.
"-'-
RECOMMENDED ACTION:
By motion, forward the Conditional Use request for a Level IIIA
Group Home at the northeast corner of N.E. 2nd Avenue and N.E.
4th Street to the City Conunission with a reconunendation of
approval based upon a finding that in accordance with Policy
A-6.2 of the Housing Element the use of the site in such a manner
will aid in the stabilization of the area and upon a finding of
general compliance with the standards for evaluating a
conditional use request as set forth in Section l73.848(B),
subject to the following conditions:
1. That, in a manner approved by the City Attorney, reservation
(offer of dedication) of five foot ( 5' ) of right-of-way
along N.E. .4th Street be provided with the stipulation that
when the dedication is consummated, the property owner must
remove any portion of the accessory building which
encroaches upon the dedicated area - at his expense.
2. That the only access from the site onto adjacent streets be
via the driveway from the parking area to N.E. .4th Street
and any other existing points of access be physically
restricted from such use.
3. That a sidewalk be installed along N.E. .4th Street in a
manner acceptable to the City Engineer.
4. That either a Unity of Title or a replat (combining existing
lots into a single parcel) be provided.
5. That a revised site plan and revised landscaping plan be
provided in response to the technical review conunents
provided by the staff.
6. That this approval is limited to the conditional use aspect
of the request and associated upgrading as proposed by the
applicant and is not meant to void or waive compliance with
HRS licensing standards, City standards pertaining to Group
Home s , or to compliance with Building Code and Utility
standards.
Attachment:
'/( reduction of site upgrading plan
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£IT' DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE ... ì ¡, i \, í í, ii, .'1< ¡ I) \ ';4 ,;
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MEMORANDUM
.-
Date: May 1, 1990
To: Robert A. Barcinski, Acting City Manager
David Kovacs, Director of Planning and Zoning
Pat Cayce, Historic Preservation Planner
From: Susan A. Ruby, Assistant City Attorney
Subject: Personnel Growth, Group Horne, -- C.O.A. Appeal
I have reviewed the Histor ic Preservation Ordinance regarding
the need for certificate of appropriateness for certain actions
taken in Historic Districts and find under Section 174.30,
,"Basic Requirements", that a certificate of appropriateness is
needed for listed items regarding building structures, improve-
ments, etc. However, there is no requirement listed therein
which would require conditional uses to receive C.O.A.
approval.
Section l74.32, Initiation and Procedure, sets forth in Section
(A) , a notice requirement only for certain site plan, rezoning,
conditional use applications. The purpose of this section is
just to inform the Historic Preservation Board of pending
action and to receive a recommendation from them (not C.O.A.
approval) regarding these types of matters.
Therefore, the appellate procedures referred to in Section
l7.4.32(G) regarding denials of certificates of appropriateness
are not applicable to situations regarding denials of a recom-
mendation for conditional use. Simply, a recommendation for a
denial by the Historic Preservation Board is just a recommenda-
tion and should be forwarded on to the next step in the review
process.
Please do not hesitate to contact me should you desire further
diß~ on this matter.
(.,
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cc City Commission
Jasmin Allen, Planner I
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
USAN RUBY, ASSISTANT CITY ATTORNEY ,. ":" ro:- ':if -. r"':'
TO: '\'\ " . ..' . ..
__... ,d. qD , _.
~~ÙQ0-- !' .' .
t·~ ~~' :. _ ~,.:. :._ ;".i.~ ~~.r..4j4;.'?
FROM: J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
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DATE: APRIL 20, 1990
SUBJECT: PERSONNEL GROWTH, GROUP HOME, -- C.O.A. APPEAL
..
At its meeting of April 20th, the H.P.B. denied a C.O.A. for the
conditional use of a Level IIIA Group Home at the corner of 4th
and 2 nd ( NE) .
As I checked the code for the section under which the COA is
required and the criteria for approval or denial and the appeal
process I found that l7.4.32(A) requires the conditional use to go
before the HPB and subsequent sections, (B) on, provide the COA
processes schedule. However, I note that 174.30 (A) does not
specifically require a COA for the use; but 17.4.30(D) does not
provided that a COA is not required.
--
174.32 (G) provides the process for appealing a denial. I note
that the Board must submit its reasons for denial within 10 ten
days and then the applicant has 30 days for filing an appeal. ( I
hope my code is not out of date, but this process seems to
conflict with a memo I've seen re a sign appeal).
Anyway, I talked with Bill Mayer, applicant's representative, and
he has agreed to not going before the City Commission until May
8th (instead of April 24th).
Could you look into this matter vis-a-vis the COA and the basis
of denial?
Jasmine Allen and Pat Cayce will provide you with any information
and assistance you need.
c:
Jasmin Allen
Pat Cayce
Project File
DJK/#6l/GROUPIII.TXT
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DATE: APRIL 24, 1990
TO: ROBERT A. BARCINSKI, INTERIM CITY MANAGER
FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER
THRU: DAVID J. KOVACS, DIRECTOR PLANNING & ZONING
SUBJECT: REGULAR MEETING OF MAY 8, 1990
RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD TO
DONATE $500.00 FROM ITS RESERVE ACCOUNT, TO THE
DELRAY BEACH HISTORICAL SOCIETY.
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ACTION REQU~TED OF THE CITY COMMISSION
To accept the Board's recommendation to donate $500.00 from its
reserve (donated) account to the Delray Beach Historical Society.
The funds will be used to defray the cost of the current exhibit
at Cason Cottage, "Legends".
BACKGROUND
The Historic Preservation Board has a Reserve Account,
001-0000-248-0900. Funding for this account came from I
businesses, private citizens and $2,000 from the Delray Beach ¡
¡
Historical Society. This account was started as seed money when 1
the HPB was formed. The funds are to be used for community
interest preservation projects. Examples:
Advanced funding for two Delray Beach preservation
conferences. Each of the conferences made a small profit.
$1,000 was donated to pay half the cost of the Five Sites
Historic Marker.
A request was made by the Historical Society for underwriting
funds for the current exhibit "Legends". The HPB, at its March
16, 1990 meeting, approved by consensus, $500.00 to help defray
the exhibition costs.
HISTORIC PRESERVATION BOARD RECOMMENDATION
Approve that $500.00 be donated to the Delray Beach Historical ¡
Society from the HPB Reserve Account 001-0000-248-0900. !
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C. Yvonne Kincaide
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M E M 0 RAN DUM
TOI Robert A. Barcinski, Acting City Manager
THROUGH: John W. Elliott, Assistant City Manager/
ManageMent Services
FROM: Ted Glas, Purchasing Director f?~
DATE: May 2, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
HAY 8, 1990 - BID AWARD - BID .90-29
EIBE_SIðIIQtLta
ItRð_I.1gr._~1tx_~geði..1gD~
The City C~ission is reque.ted to award contract to low
bidder, Pioneer Contracting, Inc., at a cost of .1,OOe,a'9.
Per the Budget Director, funding i. fr~1
!_3.¡];.iW.J.-:.Ji.;'2-.:';.1"-_~___________ (_.i.fC.7;zjf.z.Í~~~"'_~_____ ) y£
1i_~!'.fJ.:Jl'i~_~it3iL~_~~.'}L___________ (fl_t:/.Iì. ~_ ~ ~ -,~__k.~_)
__JJJ~~~~~~EL~2~!~___________(~z£Z~~~_~_~d~__~~~~d) 5/~fo
Bits;.k SUgy!HI.1
Bids for this project were received on Harch a, 1990 frOf't
six (6) contractors, all in accordance with City purcha.ing
procedures. (Bid .90-29. Docu",.ntation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
The City Co","'ission, at their workshop on Hay 1, 1990,
approved Alternate. .2,4,e,8,9.
The low bidder including above Alte",nate. is Pioneer
Contracti'ng, Inc. at a total co.t of Sl,OOe,879.
B.S;Qt!M!t.Dd.t1gD~
Staff reco",,,,end. award to the low bidder, Pioneer
Contracting, Inc., at a cost of S1,OOe,879. Funding a.
outlined above.
ðtt."tU!!.DtJU
Tabulation of Bids
Rec~endation fr~ Currie & Schneider Associate.
Rec~.ndation frOf't Fire Chief
pc Chief Koen
..John Wal ker
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£IT' DF DELHA' BEA£H
FIRE DEPARTMENT M E M 0 RAN DUM
TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER
FROM: KERRY B, KOEN, FIRE CHIEF
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DATE: MAY 2, 1990
SUBJECT: FIRE STATION NO. 2 - AWARD OF CONTRACT
Based on direction by the City Commission on May 1, 1990 we have
finalized our analysis of bids including the alternates approved at
their workshop session. Accordingly, we recommend that Pioneer
Construction be awarded a contract for the base bid along with
alternates 2. 4 , 5. 8 and 9 , in the ämount of $1,005.879. No
contingency funds are included in this amount. Change orders, if any,
must be brought to the City Commission for approval.
Attached you will find a revised bid spread sheet prepared by-our
consultants which provides a comparison between the overall low bid and
other bids received reflecting the impact of the selected alternates,
In addition. you will find a recommendation from the consultants to
proceed with this award following their investigation of the
credentials and references of the contractor.
The City Commission is requested to appropriate funding for this
project from the following accounts as part of their agenda action on
May 8, 1990:
Recommended
Account Available Appropriation
#333-2311-522-60.31 $421,764. $421.764.
#340-23l3-522-60.31 $447,610. $447,610.
Sale of Property
(less commission)
#333-0000-301-33.00 $299,000. $136,505.
1987 Utility Tax Bond
(unallocated interest)
TOTAL $1,168,374. $1,005.879.
If you should have any questions please call me.
V~ ß. \L -
Kerry B. Koen
Fire Chief
KBK/mmh
Attachments: 2
cc: Mrs. Kincaide
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243-7400- FAX 407/ 2654660
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eo C de ArchlICLI>. l'I,HlI",;r~
~. ,_ ur &. Intcrior Dw,ignN\
.' - - Sch neider
- -- - Associates lS Sé~hreeze
- - - Uti ray Dt:.l(h, FL
-. ,-. - AlA. PA Hot8)
}/él" 2, 1 990
.' 407127(..4<.151,1}7-2279
30S/42()- 1566
Mr. .101111 Walkar
Project (.~oordíDðt-or
CITY OJ:' DT::T.RA Y B1:.'A.CH
f.'ngíneerí nlf Depdrt:JII(~n t
lOa N. '1'. Fin;t Av'eJ1Uf~
De 1 l'ðY Be",cl1, F 1 c.'1'1 dd
3,J1,8:J
Rc: ü~y ßF.AÇ,H F¡RE~'iTA,rl0N Nº-~ _2._ - 87449
DellI' "1,', W.:dker,
Based upon tiw workshop IllHt1t'lng Qf Tuesdð.y, {'fa,"'- 1, .l990, Íll which thf.~ City
Commission reviewed UU~ e...·aluat.ion repQrt for Uw bidders on Delray Be.,.-:-,'} Fire
StòU() ) No. 21 in Ifh.id> th€'j' csfiJù1ish what Lh~ dcceptuble alternates \ 'n¡dd be
for Ulf~ projccti Th€.' dpPéweJ)t 1011' 1Jjdder is p,'onecr CQntr,1cting, [IIC. This is
l)á8ed UPO!l the bdSf; bid dS ]Æ'twlded b.y each of Ui~ general contrad:or,'i dnd wi 1:h
tllC foJlo...·Í11g .~Jterl1~t€$ l>eing ð.cc~p{_ed.
Altern(lte No. 2 - ,tdd the lIIezZl2l1ìne J.'JO(lI".
Alternate No. 4 - Provid¡: Cü.birlCh:",· dt aictw("!¡ H'iltel2 office, ~tf~.
Alterl1ðf.~ No. .5 - Pror.-ide aluminum storm shut.ter-s.
Alterna.te No. 8 - Provide wood Locke,.,.. iu lieu of meta.l.
"
Alternate No. <) - P['or..·idt~ a }éJck hole for· eJ~1NJt.Ot',
K'~ bdVC enclosed (hn~e "';:PQrts k'Jlich sho.... the ori~lnðl l>id tWiilu¿¡tit)n, i.he
CVð : Ilélti on or the bid... Id th t11~ ('Jc:ceptcð l:21 tel'l1dtes, and ð grûpl1 slwl4'Í ng tht.· ir
,'eldU(}lIship, .Pl~dsI2 be ,-1k'..~re thaI. K'e did iJol. modify the rc....Ù;~d bid by FalkaF.
Int.:., "5 it reJßtes to the mezzOJ).ine [lOOT', due to the füct thëJt "'f' f,Jel (holt
Uflf~ should ....tðy with' lJt.-i QrigÚ2dl $ubmjf:ted I1I.li«IJ(?rs that were presented dad thdt
Fdlkc;lv, IllC., should 111)( Ilð.t/e t.!u: opportl1rn'(F to modify lbt?Ír l]vf(lt)p.1" dfter
rCF.imâng aU öf the bids_
A.<; uuted in Ollr corn~",pol1d~'?IJ(.'{! uI Apri 1 2~.. 19/)0, regarding PiOJ2(::er CU/jtrèl,~t:il1g,
Inc., N'e bð\··e nu I)bjf?ctior. to them beh2g the Gencnd COJltrdc:i:or- for this
project, l1i;lsed UpOI7 Ult:~ Ùwc'!.stigation UJ<"t ¡¡.(t,C; clone.
if YClU h,,,,'e ðliJ' que~;UoJ]s reg(fr'dJug this issl1:1e, picð,.<H! do !wt 111:'sit:.if.e to
(,.'f)fti·act tlJi,,> officp, üt your C(1J1VclJi(~llce.
Si.ncer'ely,
CURRTf: SC~lA= ALA, PA
Pl. .
l.ðrr:y 11. 'SchneJdfU', Al,4
Princ pili
UfS/dpr
F.uc1oslJras (3) r."x: 407,';Z4}.8184
_t. .! .. I:' r.... e.. ...._. c......,....
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DRRAY BEACH HRE STATlGI! No 2
E~AlU~TIGN OF BIOS RECEIVED
WiTH ALTERNATES AS RECOMMENDED 8V THE CITY COMMISSION
HAV 1, 1990
¡HD rTEHS FALKAY INC. PIONEH: CONSTR, JANUS II ¡m.L DOUBLE EE mLHWI1CtlOLS OOUM
~~_______________________.~._.______R__"_~______________..__.~__p___________________M_.~~~_·_________··_____----------
B¡se Bid .¡eçlÍ,9~6.()Q f950,QS(I.OO H60, t)()Q, \'{J ¡t,û24,/2l1,O'J $I,~~O,OöO,oo tl,076,~OO.OO
Allern;¡t!¡ No 2
l'Iezunii\e Flcor f84,MO,!j{1 $!5,(l60.0(O m.¡¡>8o,cO '$22, ¡QQ, (IQ tn,2(1(¡,O(¡ t25.S9Q.l,ö
Alhrnate lio 4 - -
Cabinetry at P'!Ccvf
Watch Office etc H,OQ(ì,(I{) i2,70S.i}(t n.7vQ,\/O i2 ~50,')O n. ~t)Q.\¡(I $.),a~o.~(\
Al tern ate No 5
Alu¡lÌnuCl Star., Shutt~r£. U5,ûOO.M $;::>,lQZ,O{: $25,14{I,QO '~:"l(l(l.O(I $~2,Qi)V,OO Hb,740.M
Ai ternite No Q
Wood l~ckef'i H~.E!(lQ.QQ Slú,3(¡(J.{lv n5.2SQ.tj!j !~(J, ~Ijû. 00 H5,Mú,( (¡ U~,7ó5.20
Alternate No q
PrQvide Jack Holt $3,500.00 n,742.0Q f1! 900. \II) f2 ,MO. 00 f~,2~(1,(t(' tS, 19ð. ( Q
=:=:=::==~=~~~~~:===;=:====:========~==~~~~:==::=~=~========~:~~=:::==:=:===::-~=~=:~~~:::=:==:=====::==:=====::~=:=
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&ASE BIP $896,986.00 S9::iQ, 9::¡Q. (10 $96ó,v{lO,QQ H .(¡~4.J~!b.OÚ t!!~bQ,QQQ.QO 11,076,000.00
B~SE BID PLUS ALTEP.~ATES H ,Ole, 2a6.(I(\ tl ,005,e79.õÜH ,op I,')(JV.QC: ~1,09a,516,OC ~1,i~&,700.00 t1! IH, m.so
OlFFERENCE FRO" lO~EST SID $12,407.0(1 iC.~O $31.121.00 $'12,49¡.QJJ $:1 ~o .821. 00 fl38,255. ~o
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DELRAY BEACH FIRE STATIOH No 2
EVALUATION OF BIDS RECEIVED
tlARCH 12, 1990
UID nEK~ FAll'''\\' IHC·, PiOHEER CONSiR. ,i~fo!US (¡ HILL DOUBLE EE InLtlWnCHOLS DOUMA
-------------_·____._.._____________~M...._.__________---------__ft.._...~_________________________________~__~.._.__
Base aid $B%,~ab.,)O ¡95ù,950.()(¡ H~O ,O(a), 0(1 Si,021,72ó,OO $i ,OóO,{!(I(I.I)Q H ,016 ,000. 00
I\lterll~te No 1
Ret~irlÍng WaU tb! ,(¡M.M ~36 ,604,':10 U2,lùO.M ,.¡q .80\\,\<0 t~6,MÙ,Ql~ f~: ,S~Q,(IQ
AI ternate No Î. - -
Mtnanine Floor $Q~ ,(¡¡;ti!. .)0 ~ ~ 5, (18(1 . h' $:: ,9110,(i\' t22, 700, (IÙ $Z3,2(JO,(IÇ H5, 5'1=1. 6ù
A\ ternah No 3
Cl.y ROClf ~20, 000, O~1 {l',(I~O,(IO $8,050, (:(; H.~OO.(lí) H.cÚÙ.IÌ{¡ HO ,800.00
Altørnate No 4
Cabinetry it Alco~t
NatcÞ Office etc H,O(lV.('<1 .2.7('5.ÚÙ t2,7(:0.O(l t2. ;:5(1, (1í 13 2í(¡~,úú n,840.~O
Alternate No 5
Alu~inu. StQr~ Shutters HS,OOO.{¡{¡ $25,1(12.~(\ 525,140.00 S2~, lOi;. (II) ¡~2,(1()O.(lO iib,ì40,OO
III hmab No II
F1 aqpoie £ 4 , ~(lO , Of) n.6QQ.(I(1 U\840,M f3/i5G.(I'J nJ~O{\.(II} f2,520.60
Alternate No 7
Alernah C~rpet 'ilO 500.00 t2,ni.OŸ ~2fIHO. 00 j-4,OÖO.(IO $~,(1')Q.(10 ll,BOQ.OO
Ø.l ternale No Q
Wood lockers U5,ß(JQ.OO $\0\300.00 $25,2S0.0lJ £20 ,1'0(1 . Q'~ H5,00\.,OO tlb,765,20
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Alternate No 9
Frovióe Jack hole $3,5(10, (10 £t,742.0C1 $1,900.00 $2,Mù.(IO f~. Z'IQ. (10 ·:),190.00
Alternate No 10
Provide Hoh:, ne'/¡tor
With Two /21 $tc~s J2~ I ~O'J. ~O El,900.Úû ~2~i, 8?(:. (10 fZ7,Q(lQ.(ì(1 ~l¿'tÚ(ìO,vÜ f3,2,(0.00
~lternate No 11
Provide Hole, tle~¡tor
With Thre~ 13! Sto~; f:3ì ,5vO.FJ $34.1óO.O(} ~J7. :SO,(I(¡ ~37 ,0(1(1, (1t) U¡ ,Vl)O,ÜÜ .;;7,2ó~.OO
==~:~=~:==::=~==~~~.:~.=~::==~::~:==~===:=====:=~~:::~=~:~~=~~::z~~:=;=;:;.=;;=:~::::~::=====:====~===~=::~:~:::===~
BASE till) $6%,98&.(10 ~ 9 51) t qfc(.\, ':'tJ i:qb(l,(\I)(¡,Oû t! ,024, 7Zb.OO H ,(\&(1,\:0,). (\(, H ;0h,OOO.OO
BASE BID PLUS ALTE~N~TES $1,087: 381., ü:' :t¡ ~Q~~,Q54.(I') ~I ,NH .07(1. (I!) f1~1~a,21~.f;Ö tl:1S4:'iC/\).OO ¡¡: m,Ho.SQ
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DELRAY BEACH FIRESTÞJ ON NO 2
SID ANAlYSIS
1 1 G
1.14
1.12 /~
./
, 1 /.
,./3
1.013 .- ,,'
..-/". ----
1.06 /' ...-..r- --
111 ....../
~';ì , .04 ..../ ........-'-" .- .'
,,/
...J ~ ---.- ...'
1.02 r
8= --' ,/
Q! ~/ ,/
1 ,/
OJ
0.98 ~
0,96
,or-
0.94 ./"
/'
0.91. - .///
0,9 ,./
o,ae ,
rALKAV INC. PIOHEER CONSTR. JANU~ &-. HILL OOUEU: EE MllNE'/NICHCL$ DOUWA
GE¡.£RAL CONTRA~TORS
0 ~ W/AL~N".1ES + BASF. BID
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,I DELRAY BEACH FIRESTATION NO 2
efD ANALYSIS
12 -
1.1
I
0.9
0.8
Ifl 0.7
~ -;.'
. c:
oJ 0 0,6
8=
_.
03 0.5
iü
0.3
0,2
0.1
0
FJ.U<AI/ tNC, PIONEeR CONS1R JAtW$ ð:: HILL DOUBLE EE: UILNE¡NICHCLS DOUMA
û£::t£RAL CONTtuCTOR9 (s:sJ BASE BID
!ZZ} BASE. W/A.LTERNA1tS
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OELRAY BEACH FIRE STATION No 2
EVALUATION OF 9105 RECEIVED
HARCH 12, 1990
BID ITEMS FALI:AY INC. PIONEER CONSTR. JANUS Ie HILL DOUBLE EE MIlliE/NICHOLS DOUMA
---------------------.-------------.---------------------------------------------------------------------------.----
Base Bid SS9b,9Sb.OO $950,9S0.00 S9bO,OOO.OO U,024,72b.00 U,ObO,OOO.OO fl,070,OOO.OO
Alternate No 2
Kenanine Fioar $84,000,00 SiS,080.00 $21,980.00 $22,700.00 ¡23.200,OO t2S,S99.bO
Alternate No 4 - '
Cabinetry at Alcove
Watch Office etc $3,000.00 $2,705.00 12,700.00 $2,250.00 $3,300,00 fJ,B40.00
Alternate No S
A1uainu. Star. Shutters $l5,000.00 $25,102.00 $2S,140.00 $2b,700.00 '32,000.00 Hb,740.00
Alternate No a
Wood Lockers U5,SOO.00 UO,300.00 $25,2S0.00 $20,OQO.M U5,OOO.OO Ub,7á5.20
Alternate No 9
Provide Jack Hole $1,SOO.OO fl,742.00 $1,900.00 $2,000.00 S3,200.00 SS,190.00
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BASE R[D $89b,986.00 $9S0,9S0.00 $960,000.00 $1,024,726.00 $1,060,000.00 $1,076,000,00
BASE BID PLUS ALTERNATES $1,018,286.00 $1,005,879.00 $1,037,000.00 $1,09S,37b.OO S1,13b,700.00 $1,144,134.80
DIFFERENCE FROM lOWEST BID $12,401.00 SO.OO $31,121.00 $92,491,00 5130 ,B21. 00 U3B,25S.BO
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[ITY DF DELAAY BEA[H
; iJO I\J 'vV 1; t ;.. \/ ~ "~ U E DEL"A (2EACH, ~LORIDA 33444 407'243-ìOOO
MEMORANDUM
_.r-.-
Date: May 2, 1990
To: City Commission
From: ruøRobert A. Barcinski, Acting City Manager
Subject: RATIFICATION OF TERMS AND CONDITIONS OF APPOINTMENT
OF JEFFREY KURTZ TO THE POSITION OF CITY ATTORNEY
It is my understanding that the City Commission wishes to have
the appointment of Jeffrey S. Kurtz as City Attorney placed on
the consent agenda for ratification at its May 8 regular
meeting. The following is my understanding of the terms and
conditions of Mr. Kurtz's appointment.
An annual Salary of $65,000 with performance and evaluation and
salary review during City Commission sessions on budgetary
matters and any increase in salary to be effective on October
1. In addition to salary, Mr. Kurtz's car allowance will be
increased from its current level to be equal to the car
allowance provided for Mr. Harden as City Manager in his
contract with the City. Mr. Kurtz shall not be entitled to any
severance upon his termination by the City Commission but
continues to be subject to and entitled to the benefits
provided to other non-union general employees with the
exception that any COLA increases granted to Mr. Kurtz would be
in accordance with the increase granted other management level
employees.
RAB:me
cc: Jeffrey S. Kurtz, Acting City Attorney
David M. Huddleston, Director of Finance
Marty Ritchason, Personnel/Labor Relations Director
Cheryl Leverett, Administrative Assistant III
THE EFFORT ALWAYS MATTERS
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£IT' DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE ' ",'I_\',~I.i,~')I<:I'\ ;:-t-·;
':. ~: \', -i- ' ~ ~ ""
MEMORANDUM
Date: May 2, 1990 !
To: City commission! i~L,
From: Jeffrey S. Kurtz, Acting City Attorney i \ ¡:' ,
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Subject: Reclassification of Susan A. Ruby to Assistant City
Attorney II
The Assistant City Attorneys have been classed as Assistant
City Attorney I and Assistant City Attorney II for several
years. While Herb Thiele was the City Attorney, I had been the
Assistant City Attorney II and Susan Ruby the Assistant City
Attorney I. With the Commission's appointment of me to be the
City Attorney, I would propose to have Susan Ruby re-classed
into the Assistant City Attorney II slot and leave vacant, for
the present time, the Assistant City Attorney I position.
In addition to the reclassification and consistent with the
increase work load that will be placed on Susan and myself for
the immediate future, I would also propose to increase her
annual salary from its current level of $47,424.00 to
$51,500.00, retroactively effective to April 28, 1990. The
funding for such a salary increase is available in the salary
line item of the City Attorney's Office's budget.
Ordinarily such a reclassification would be within the purview
of the City Attorney absent any budgetary constraints, however,
since my appointment to the position of City Attorney will not
be official until May 8 and in order to have the salary level
effective retroactively, I will be placing this item on your
consent agenda for the May 8 meeting.
Should you have any questions concerning this matter, please do
not hesitate to contact me personally.
JSK:sh
cc: Robert A. Barcinski, Acting City Manager
David M. Huddleston, Director of Finance
Marty Ritchason, Personnel/Labor Relations Director
Cheryl Leverett, Administrative Assistant III
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M E M 0 RAN DUM
To: Robert Barcinski, Interim City Manager
From: Yvonne Kincaide, Budget Director ~ - .
Date: May 2, 1990
Subject: Community Development Block Grant -
Re-appropriation of 88-89 unencumbered funds
Request before Commission:
To re-appropriate 88-89 Community Development unencumbered
grant funds.
Budgetary Impact:
The 89-90 budget totals for both Community Block Grant and Rental
Rehabilitation will be adjusted to include prior year unencumbered
funds as follows:
89-90 Budget $541,580
plus
88-89 unencumb. Balance $290,400
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Revised 89-90 Budget $831,980
Recommended Adjustments:
Prior Year
Division Carry Forward
------------------------- --------------
Administr40n $8,942
Demolition & Clearance $1,850
Recreation Improvements $2,964
Contingency $3,756
Housing Rehabilitation $131,103 *
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Recommended Adjustments:
Prior Year
Division Carry Forward
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Land Development Low/Med Housing $109,779
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Total Community Block Grant $258,394
Rental Rehabilitation $32,006 - .
Total Rental Rehabilitation $32,006
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$290,400
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*Figure includes an adjustment of $16,174 from prior grant years
cc: Lula Butler, Community Improvement Director
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
, RECEf\/t
TO: ROBERT A. BARCINSKI
INTERIM CITY MANAGER ·r~'r 0 - 0('
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FROM: GATES D. CASTLE, P.E. ' ;;OMM SVCS
\ G:C:r
CITY ENGINEER ~ . '- '"
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SUBJECT: CITY HALL EXPANSION
DATE: APRIL 30, 1990
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The City incurred $17,601..44 in miscellaneous expenses
associated with the subject project. A vast majority of the
expenses {$16,951.94} was associated with the Planning
Trailer, as shown on attached sheet. These expenses have
been charged to construction account to facilitate payment.
The City Commission must now identify the funding source for
these miscellaneous expenses. It is recommended that
$17,601.44 be appropriated from the Unallocated Interest
Earning on the 1987 utility Tax Bond Issue to cover these
miscellaneous expenses.
GDC:slg
cc: Mary Ann Young
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MISCELLANEOUS EXPENSE FOR CITY HALL
Planning Trailer Expenses:
Computer Hook-up (Commun. by Johnson) $ 948.55
Telephone Hook-up (So. Bell) 1,103.00
Electrical Hook-up (Russell Jennings) 6,475.71
Electrical Materials (Consolidated & Graybar) '- . 826.07
Electrical Service (FP&L) 145.00
Plumbing Hook-up (Myers) 1,012.29
plumbing Service (Raider Rooter) 130.00
Construction of Temporary Parking (Shaw) 2,462.75
Moving Cost (Browning-Treyz) 500.00
Misc. Materials (Ocean-City, Sherwin-Williams
Petty Cash, Proctor) 1,001.57
Insurance (Arthur J. Gallagher & Co.) 2,347.00
Sub-Total = $ 16,951.94
Other Expenses
Relocation of Palm Trees (Natural Scenery
Landscaping) $ 450.00
Equipment Rental (Borrow Bros & Hancock
Crane) 199.50
Sub-Total = $ 649.50
TOTAL = $ 17,601.44
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May 2, 1990
MEMORANDUM
TO: ROBERT BARCINSKI, INTERIM CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMEÑT
RE: REQUEST FOR WAIVER TO DEFINITION OF FAMILY/CODE
ENFORCEMENT VIOLATION NOTICE/ATTORNEY REQUEST
344 PALM TRAIL, DELRAY BEACH
BACKGROUND :
Pursuant to Ordinance No. 91-88, amending Chapter 173, Zoning
Code, Section 173.001, passed and adopted by the City Commission
on August 9, 1988, staff is submitting a waiver request to the
Definition of Family for the household identified above. This
request is in compliance with provisions provided for within the
Ordinance for Commission waiver to the definition based on undue
hardship on such persons cited under this code requirement.
The waiver request is being made on behalf of the property owners
by their Attorney, Roger Saberson. The home is owned by the
Heights Foundation, classified as a tax exempt religious
foundation. The Foundation is requesting a waiver to the
definition to permit five (5) unrelated persons who live together
as a family by their commitment to the spirit and aims of "Opus
Dei" and not by marriage contract or blood relationship. Their
position is that the family operates as any other normal home in
the neighborhood. Mr. Saberson contends that if the City
requires two of these persons to vacate the premises it would
cause emotional turmoil and create a burden on the Foundation to
carry out its work in Delray Beach.
RECOMMENDATION:
Commission consideration of this hardship request is required.
The Foundation will be represented by their Attorney, Roger
Saberson. A copy of the waiver request and detailed narrative
summary of the problem as submitted by the attorney is attached.
B:Family.Def./LG3
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'IT \SiŒCESSARY TO SUBMII I t:il~ ' CITV OF DElRAV BEACH AOO'L REPAIRS MAY BE REQUIRED
VIOLATION NOTICE WHEN APPL YINC:. ~E ENFORCEMENT DIVISION TO CONFORM TO CITY CODES, PlEASE
FOR YOUR öUILDINCì PF.RMIT DISCUSS WITH THE BlOG. DIVISION
WHEN OBTAINING PERMITS
~ 5- ¡"ft/IOLA TION NOTICE s:- ~-I?'l
CASE NO. (J 1 ?~- re:; DATE OF INVESTIGATION:
N, O. V. ISSUANCE: 5- - f/
ADDRESS OF VIOLATION:
LEGAL:
P. C. NUMBER:
OWNER:
ADDRESS: .:3
PLEASE NOTEI·· . . You ar. In VIOLATION of the following provisions of the City's Cod. of Ordinance:
, ~ CHAPTER /73 ARTICLE ~ SECTION 17 3 . Ð "1/ .
~~C~REQIJ;~r:L1 ~~;!;:;j r' ,,:~~ ~ ~ ~
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VIO~TION SHOULO BE CORRECTEO B~_ ~ . _ __ _ . ~ ~
~ J-JW ~ ~ '( M.t/) .._
-------------.-.-.-------------.-.----------------.-.--.----.------.-._.---.~.-...-.
CHAP ER /13 ARTICLE SECTION .09j" ~
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SECTION 91-~,p , .
WHICHREQUIRES:íh"¡ N...c.,.,.¡::-A-rr\¡'1 (.($4" of S,/Vcur ¡:-~~o/ ÜAhT 1.5 IJr, T"r~ :11
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~lt.m .".ro 1010< A C-êÑ'Q.-r,ðN"'4L.. Uj,.4"
VIOLATION SHOULD BE CORRECTED BY: JlAIJ,"'~ "'rH-r ~t',utÞ~l ð ¡:' ~ ,,¡o,J06e-- ¡r::,,4-Hl,' 7'" Jr~.-cAHI:Jt.
I I'rH C 1i: .f)':-¡#I"', ,ð" ð~ ,:'4-' 1-81 ##'. rc
------------------------------------------ ------------- -------------------------.-
You h...-4-day. t. ....... .... ..... .'.'..'.n. F'f to CGmpl"::t:::....'OLA nON NOTICE m.y"",1t 'n ~
Impo.itlon of fin.. up to $260.00 per day per violation. ~ ~ ~ ð"t
~:z'"¿~ ~ ~/ _
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COO~FFICER OATE ·
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. . þ REQUEST FOR ~AIVER'UF TilE CITY OF DELRAY BEACII'S Dl::FlIIlTIOlf OF FAJULY
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.... Case I Date: ~Iay 2. 1990 I
I, THE HEICHTS FOUNDATIO~. INC. , owner of record of a single family \
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dwelling located at 344 P~lm Tr~11. D~lrav Reach . hereby state that the 0
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occupants and relationships of the occupants residing at the above single
family dwelling are as follows:"
NMIE RELATIOIISIIIPS
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1. Montserrat Carrido "- .
2. Lynda Newm.1n
3. Hortensal Se~arra
J 4. Jeanne Spellman
-' 5. Barbara Spencer
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10.
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I hereby request that the City Coa:mission w31ve the City of De1ray Beach's
definition of faUllly as contained in OrdInance 91-88 for the following
.----...........
occupants residing ólt the above single f3mily dwelling on the basia that the
definition causes undue hardship on the family.
1. SEE EXHIBIT A ATTACHED HERETO 4.
I AND MADE A PART HEREOF
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...¡ Denial of the waLver wl11 create a hardship because SEE i>::IIIIIIT · ATTAcn¡¡J) !
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J.1~V):l'Tn ANn ).r4n~ .I. ,:tART' J.1r:R;:"nt:"
. :
~ Yours truly,
í,," : " THE HEICHTS FOUNDATION. INC.
, .. C~@<2-~ ___
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Code Enforcem~nt Officer Propere 0 er
Phone , .9/¥ -~~ -¿J/j?c:I
.. . I~l. J DEö<. . personally appeared before ~e this J{).... day of
IJft{L. , 1990 .
Nf.IV Yt'oG<. ~lIrC.I flQ'y/' /.1(.. ~ #eP679'1
Notary Public. State of ~~ at Large Signed:
My commi..ion expire.: ~7vfl
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LAW OFFICES OF
ROGER G. SABERSON, P.A.
DELRA Y EXEC\Tl1VE MALL
110 EAST ATLA:-rt1C AVENUE
DELRA Y BEACH. FLORIDA 33444 1990
May 2,
(305) 272~616
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Mr. Bob Barcinski -- -
Assistant city Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: APPLICATION TO WAIVE DEFINITION OF FAMILY AS TO THE RELIGIOUS
FOUNDATION KNOWN AS THE HEIGHTS FOUNDATION FOR 5 UNRELATED
PERSONS TO RESIDE AT 344 PALM TRAIL, DELRAY BEACH, FLORIDA
Dear Bob:
Please find enclosed the above referenced application. In
accordance with our recent conversation it is my understanding that
this will be on the City Commission agenda for May 8, 1990.
The Heights Foundation is a tax exempt religious foundation
and is the owner of the property located at 344 Palm Trail. The
Foundation is requesting a waiver of the definition of "family" to
permit five (5) unrelated persons to reside on the property. Also,
the Foundation requests that the Commission's action on this matter
not be limited to specific persons now residing there, but instead
it is requested to allow the property to be used for residency by
five (5) unrelated persons as long as the Heights Foundation or
another religious foundation that is tax exempt owns the property.
Thank you for your cooperation in this regard.
sincerely yours,
{?~~
ROGER G. SABERSON
RGS/drt
Enclosures
cc: Mayor (encl.)
City Commissioners (encl. )
Mr. Richard Bauer (encl. )
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EXHIBIT A
1. Owner of Property: Heights Foundation.
The Corporation was established as a Maryland corporation
in 1957. By its charter, the corporation was established in order
to cooperate with the religious and cultural work o~Ppus Dei.
One of the ways that Heights Foundation cooperates with
Opus Dei is to provide properties, where members of Opus Dei live,
as well as properties used for educational and religious
activities. These properties are used by Opus Dei; there is no
lease agreement with the people who live in them nor is there rent
paid to Heights Foundation by the individuals. However, the
individuals living in the house are expected to cover the operating
expenses of the house: utilities, food, etc.
The Corporation owns a variety of centers in Washington,
D.C. and New York, including several educational centers and two
high schools. The corporation also owns several smaller centers,
such as that at 344 Palm Trail, Delray Beach, Florida, which serve
as homes for the members of Opus Dei, who work in the organization
of activities of Opus Dei in a given area. These activities are
either religious or educational, or both, and are conducted in
different locations, such as, churches, schools, offices,
conference centers, such as Duncan Center in Delray, or even
private homes.
The Corporation is a not-for-profit, tax exempt
organization as described in Section 501 (c) (3) of the Internal
Revenue Code, and in 1977 the Internal Revenue Service issued a
group exemption letter to the Corporation, recognizing the
Corporation and its subordinates as exempt from federal income tax
under Section SOl(e) (3) of the Internal Revenue Code, and stating
that donors may deduct their contributions to the Corporation and
its subordinates. A copy of the group exemption letter is
attached.
2. Nature and Purpose of Opus Dei:
Opus Dei is a world-wide Catholic organization whose
purpose is to spread awareness of the call to holiness through
ordinary life. It is listed in standard reference works, including
the Catholic Almanac, which sets forth its basic framework under
Church law as a personal prelature. It has the approval of the
Pope John Paul II, as well as his predecessors, and the approval
and encouragement of the Bishop of Palm Beach to operate in this
Diocese.
The organization is composed of branches for men and
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women, under the authority of a prelate in Rome, Monsignor Alvaro
del Portillo. There are more than 80,000 members world-wide, most
of whom have ordinary occupations and are married, served by over
a thousand Opus Dei priests.
Opus Dei's goals and activities in the united states are
discussed in an article by Russell Shaw, presently the director of
information for the Knights of Columbus.
Family life of members of Opus Dei: ._--
As mentioned previously, the majority of the members of
the Prelature of Opus Dei are married and live in their own homes
with their own families. However, because of the organization of
this Prelature of the Roman Catholic Church, "some members, very
few in comparison to the total number, live together, to look after
the spiritual care of the others and to run some apostolic
activity. They form an ordinary home, just. .like any Christian
family, and continue at the same time to work at their profession."
(See Conversations with Msgr. Josemaria Escriva, Founder of Opus
Dei, Interview-Opus Dei: an association which fosters the search
for holiness in the world, Questions: How is Opus Dei organized?
n. 63, pp. 4, lins. 2-6.)
The house located at 344 Palm Trail is one such home.
It operates in the same way as any other home in the neighborhood,
except that the persons who comprise the family unit are bound
together by their commitment to the spirit and aims of Opus Dei and
not by a marriage contract or blood relationship.
All of the residents share one common household. There
is one kitchen and meals are taken family style, i.e., all eat at
the same time and in the same place. The house is not partitioned,
although all the residents have separate bedrooms. Daily
recreational activities, such as reading, watching television,
listening to the radio, etc. occur in the common areas of the
house. Each person shares in the performance of daily chores and
in trying to make the home a cheerful place to live in. Also as
is characteristic of most of families there is a financial
interdependence in this family. Two of the family members provide
support for the others. In short, this home is no different than
any other home and the residents act no differently than a family
would act.
At present there are five women living at 344 Palm Trail.
Two of these women devote themselves full time to the care of the
members of Opus Dei who live in the state of Florida. Their work
consists of spiritual retreats, workshops and seminars for women
at Duncan Center and other similar locations throughout Florida.
They are also responsible for organizing social service projects
for children of migrant workers in cooperation with Our Lady Queen
of Peace parish in Delray, and similar projects.
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One resident is a full time student at Florida Atlantic
University. Another is employed full time as an assistant manager
for Caribbean sales for Quaker Oats in Boca Raton. The fifth one
is the principal of a grammar school.
All of these women are members of Opus Dei, who have made
a commitment to celibacy and thus have more time and availability
to provide instruction and advice for the other members and to
staff the various apostolic activities. Each one of. these women
was asked to move to Florida in order to live at 344 Pålm Trail and
to carry on the work of Opus Dei in the state of Florida. They
have committed all of their time and talents, and in the case of
those working professionally, also, their earnings to support of
their home and of the apostolic activities depending on them. In
the event of one moving to another city or state for professional
or other reasons, she would likely be replaced by another member
of Opus Dei, since five members are needed to carry out the work
of Opus Dei and its present commitment to the formation of its
members in the state of Florida.
Delray Beach was selected for its excellent location.
It offers convenient access to major highways and is a central
point between Miami and other cities where members live: Le.
Tampa, West Palm, Winter Haven, etc.
The five women living in this home are spiritually and
emotionally a family and an order by the city requiring two of them
to vacate the premises would cause emotional turmoil just as it
would for any other family.
WHEREFORE, the Heights Foundation, Inc. does hereby
request that the City grant its application for a Waiver of the
Definition of Family to permit five unrelated persons to occupy the
home located at 344 Palm Trail, Delray Beach, Florida. That this
approval shall relate to the property and not be limited to the
five specific persons named on page 1 of this request. Further
more that the permission of the City Commission would terminate
when the Heights Foundation, Inc. transfers the fee simple title
to the property, unless the transfer is to a grantee that is a
religious foundation that is tax exempt under the Internal Revenue
Code.
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.n, \.'1 r'.1 ",.\ ,'tI,..v .' - .IC. lI;'".., IllIt ,III,,: ¡",¡....',
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....t:rsOIl I.~ CnnlòLI
Th~ } ~iþht~ I"uundtltiun. Inc. A.HoTOloo·itz
944 Park Avcnu~ 1 elephollt- /I,""ltrO'!,.
New York. Ne'" Yorl< 10020 264-1670 ¡
Rele' R~pl" 'u- ,
[:EO:7202
Datð.
OC'T 2 7 '971 ,
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Centle:men:
. We We have considered your applIcation for. group, exemption letter
recognizing your subordinates as exempt from Federal income tax .s
organi~ations of the type described In section 501(c)(3) of the
Inlernal Revenue Code. ,
Our records show that you were recognized as exempt from Federal
income tax under ,ection 501(c)(3) of the Code. The exemption letter,
remains in effect.
Based on the information supplied, '-e recognize your named subordinates
on the list you submitted as exempt froa-Federal income tax under
section 501(c)(i) of the Code.
-,
Additionally, we bave classified the organizations you operate, super-
vise, or control, and which are covered by your notificatIon to us,
as organizations that are not private foundations because they are
organizatIons of the type described in sections 509(a)(1) and
170(b)(1)(A)(vi) of the Code.
Donors may deduct contributions to you and your subordinates as
provided in section 170 of the Code. Bequests, legacies, devises,
transfers, or gifts to you or for your use are deductible for
Federal estate and gift tax purposes if they me~t the applicable
provisions of sections 2055, 2106, and 2522 of the Code.
You and your exempt subordinates whose yearly gross receipts normally ;
arc.. ..lore than $10,000 at'e t'equired to fi 1e Fonn 990, Return of '.
Organi~ation Exempt from income tax by the 15th day of the fifth
month after the end of the annual accounting period unles, you include
the subordinates In a group return. The law impose~ a penalty of
$10 a day, up to a maximum of ~5,OOO for failut'e to file the return
cin time.
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Th~ lI~il.hl. t'uundatlon, ]IIC.
An exempt :.uburdfnat~ is not required to (i Ie r.dt:ra I incomE' tax re turns
unle:.s it is subject to the ta); un ur.related busines!l in~ome under section
511 oC the Code. ]f an t:xempt suboròinate is subject tu this tax, it must
filt' Conn f;90·T, Exempt Orsanization Business Inc~ne Tax Return. In this
letter we 8r~ not determinin~ w}lether any of the bctivilies of you or vr~r
subordinates are unrelated trade or business a5 defined in section 513 of
th~ Code.
"
'. ' (FICA)
You and your subordinates are not Ihb1e for social security taxes.
However, you or any of your subordfnates, in their own right, ~y tile a
certificate waivinG exemption from taxes, Form 55·15, under the Federal
Insurance Contributions Act. You and your subordinates are not 1 iable for
tax under the Federal Unemployment Tax Act. (FUTA).
Each year, within 45 days after the ~nd of your annual ~ccounting period,
please send the following to the
* Internal Revenue Service C~nter
11601 Roosevelt Boulevard
Philadelphia, Pennsylvania 19155
Attention: EOR Branch
1. A statement describing any chang~s during the year in the
purposes, character, or method of operation of your
subordinates.
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2. A list showing the names mailing addresses, (including postal
ZIP codes) and employer identification numbers of subordinates
that during the yearl
a. changed names and addresses;
b. were deleted from your roster; or
c. were added to your roster.
3. For subordinates to be added attach:
a. a statement tha t the information on which your present group
exemption letter is based applies to the new subordinates.
b. a statement that each has given you WTitten authorization
to add its name to the roster;
c. a list of those lo which the Service previously issued exemp.
tion rulings or determination letlers;
d. a statement that none of the subordinates are private foundations
.s defined in section 509(a) of lhe Code.
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Tht /lel¡;ht~ fuund¡¡tJon. ]nc.
to. the $tr~et address of subordinates wllt:Te the mailing
address is a P.Û. Box. and
C. lor n~w subordinates that are schools, the infot"'D'lation
. required by section 5 of Hevenue Procedure 75-50~:
1975-49 I.R.B. 46.
4. If applic~ble. a statement that your group exemption rOlter
did n~t change during the year.
We are enclosing a copy of Revenue Procedure 75-50. . This sets forth
guidelines and recordkeeping requirements for private achools recognized
as exempt from Federal income tax under section 501(c)(3) of the Code.
You should advise those subordinates that operate schools of the
requirements of this procedure.
The service center that processes your returns will send you a Croup
Exemption Number. You are required to include the number on each
Form 990, Return of Organization Exempt from income Tax, and Form
990-T, Exempt Organization Business Income Tax Return. Please advise
your subordinates of this requirement and provide them with the Group
Exemption Number. .
Sincerely yours,
c..D-c.--.....f6,...#- H' ß~~...c......-..
District Director
Enc: Rev. Proc. 75-50
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Subordinates included with original application:
The Heights.J Inc (District of Columbia)
The Ridg~J Inc. (New Jersey)
Group Exemption Number: 3099
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PELICAN IlARBOR HOMEOWNERS AsSOCIATION
475 Pelican Way
Delray Beach, Florida 33483
(407) 272-1910
Mr. Malcolm Bird March 30, 1990
Interim City Manager
100 N.W. First Avenue
Delray Beach, FL 33444 hii -.,~
RE: Building Permit #90-4792 l~~ I T1 p.,...
APR 2 .'
issued to Steve Smilack 1990
- January 23, 1990 C/ry MANAG- ,
tR S OFFICE
Dear Mr. Bird,
Representatives of the Pelican Harbor Homeowners Association respectfully
request some time on one of your Delray. Beach Gity Council meeting agendas
to address the cOlmcil members.
Specifically, we would like to discuss the effect that this issuance of
the subject permit will have on our cOllll1WÚ.ty.
The subject permit provides for the construction of finger docks sufficient
for eight boat slips on a parcel of land owned by Ms. Alma Slizyk. This
parcel is located outside of our Association perimeter. In fact, the
parcel in question is boardered on two sides by our Association, on one
side by the South Florida Water Management, and on the remaining side by
the C-15 canal.
It is important to note that Ms. Slizyk does own a town-house in Pelican
Harbor on property which backs up to the above mentioned parcel. In other
words, she has access to the parcel of land on the C-15 canal from the
rear of her town-house.
Residents of Pelican Harbor are concerned that the construction of
multiple docks on said property will constitute a commercial venture;
will create a nuisance; and create a more serious parking problem within
our cOllll1WÚ.ty than already exists.
Since construction began, Steve Smilack (Ms. Slizyk' s husband), has
trespassed over our conmon ground for construction purposes and removed
our security fence on several occasions. t~en we denied him access
Ms. Slizyk filed a "Motion for Injunctive Relief" to access her property
across Association property. This was denied by the Court.
It may be of interest also, that there is further litigation pending
regarding this issue and the Association's legal council is actively
pursuing the case.
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PELICAN HARBOR HOMEOHNERS ASSOCIATION
RE: Building Permit 1190-4792
issued to Steve Smilack
- January 23, 1990
continued
In light of the foregoing, the Accociation is appealing to the Delray Beach
City Council to put a stop to this construction project...
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SMØ~~%t'
Bill Magerkurth
President of the Board
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[ITY DF DELRRY BEREM
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000
April 26, 1990
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Hr. Bill Magerkurth
President of the Board
Pelican Harbor Homeowners Association
Delray Beach, Florida 33483
.
Re: Building Permit #90-4792
Boat Dock/Finger - Steve Smilack
Dear Mr. Magerkurth:
I have researched the issuance of building permit #90-4792 for
fingerdocks to Mr. Steve Smilack and find no legal grounds upon which
City Commission could stop the construction and revoke this permit. - .
The applicant met all technical and legal requirements of the City
Codes and Army Corps of Engineer requirements. There was no legal
basis upon which the permit could be denied. It is my understanding
that Mr. Smilack owns, fee simple, both the property on which the
docks are being built and the adjacent property from which he can
access said property.
You indicated in your letter that residents are concerned that Mr.
Smilack will utilize the facility as a commercial venture. The
applicant indicated that the use would be residential. The permit
could not be held up or revoked under a presumption that this may
happen. We will, however, monitor the situation through Code
Enforcement and if the docks are used for a commercial adventure will
so site the property owner, and take the matter to our Code
Enforcement Board as legally required.
You also indicated in your letter a possible property rights violation
1. e, trespassing. This is a legal matter between you and the courts
and it is my understanding that the court has reviewed this case and
refused to issue an injunction.
City policy dictates that adjoining property owners are notified in
such cases. This was done by the City. The adjoining fee simple
property owners at the time the permit was issued were GLC
Construction Company and the South Florida Water Management District.
Neither had any objection to this project. Legal notification is sent
to the property owners - ~ot the homeowners association.
THE EFFORT ALWAYS MATTERS
. .- ___-.A.. ...-
~
,
..
.
,
I
.
MR. BILL MAGERKURTH
PAGE 2
-- -
Although I empathize with your situation I find no grounds to revoke
said permit. The City will continue to monitor the situation to
ensure that the site is not illegally converted into a commercial
venture.
Sincerely,
---;fð~A A~ fI.·J~··~
Robert A. Barcinski
Interim City Manager
RAB: kwg
cc: Gates Castle
Lula Butler
Jeff Kurtz
City Commissioners
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MEMORANDUM ,r R E eEl V E L~
, APR 3 0 '
TO: Robert A. Barcinski : 90 .
Interim City Manager COMM S
. VCS. GROUP
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Extension of America's Pros Beautification ~ontract
DATE: April 27, 1990
In the contract for maintenance of beautification areas, we
reserved the right to renew the contract for an additional year
at the same price.
America's Pros began the maintenance of Linton Blvd. (between
Military and CSX Railroad) and Homewood Blvd. (between Linton and
Lowson) last August and have done a good job. I recommend the
contract be extended for one (1) year under the same terms and
conditions. Mr. Fuhrman of America's Pros agrees to the one year
contract extension.
If you are in agreement, please initial the attached requisition.
~ ' '
- i \ \
Joe ~~don- '-' '- ':.><7'''''''--- ~
Director of Parks and Recreation
JW: j mh
REF:JW081
Attachment
cc: Ted Glas, Purchasing Director
Yvonne Kincaide, Budget Director
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MEMORANDUM
TO: Robert A. Barcinski
Acting City Manager ~
FROM: William H. ÆJJ. SÞI90
Greenwood
Director of Public Utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING.- MAY 8,
1990 - CHANGE ORDER #4 - N.E. 1ST STREET DRAINAGE
PROJECT - PAVEMENT RESTORATION ON WATERLINE
INSTALLATION AT N.E. 4TH AVENUE
DATE: May 3, 1990
Item Before City Commission
The City Commission is requested to approve Change Order #4 on
the N.E. 1st Street Drainage Project. This deals with the
pavement restoration for the water line installation at N.E. 4th
Avenue which totals $13,840.55. Funding source will be from
#441-5l23-536-64.2l.
Background
The Public Utilities Department had previously requested and City
Commission approved the installation of an 8" water main on N.E.
4th Avenue from Atlantic Avenue to N.E. 2nd Street with a tie-in
to the east between 4th and 5th Avenue. Pavement restoration is
now necessary; this cost was not included in the price of the 8"
water main. See attached invoice from Hardrives, Inc. for the
cost of $13,840.55.
Recommendation
Staff recommends approval for this Change Order #4 in the amount
of $13,840.55 from Hardrives, Inc. Funding source will be from
account #441-5123-536-64.21.
I
~3
.
ENGINEERING DEPARTMENT RECE\VED
M E M 0 RAN DUM -- '-, .,... ~' I
.Im.i. 1[1'L9O.
PUBLIC UT\UT\ES
TO: .W.:tLIr.LAMaGREEN.W"OQD
PUBLIC UTILITIES DIRECTOR
- .
FROM: GEORGE ABOU-JAOUDE ~~
CIVIL ENGINEER ~
SUBJECT: NE 4TH AVENUE WATER MAIN EXTENSION
DATE: APRIL 10, 1990
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an invoice from Hardrives on the pavement
restoration over the 8" water main installation. Also, I
have attached a copy of the Change Order on the above
subject referenced for your information.
The unit prices reflect the amounts on the bidding package
of the NE 1st Street Drainage Improvements. Whereas, the
quantities reflect actual field measurements since the
pavement restoration and payment procedure over water main
installation was not mentioned anywhere in the bid
documents.
Thank you and call me for any additional information.
,
,
.
K
~
. ~.' ":!. .J:.:.. .
, . . ,".
. DRIVEWAYS. PARKING AREAS. STREETS. GRACING. ROCK & FIl.l.. CONCRETE WORK
RDRIVES, INC. PHONE 278-0"~f5
Z3S0 SOUTH CONGRESS AVENUE \,/
. ,
July 14, 1989 ,
DELRAY BEACH, FLORIDA 33445.7398 ,.... (/1/
V~ i)<'
..;1
L \L.. ~.~
1'\.)'
-. ~.\ .
City of Delray Beach
Attn: Mr. Gates Castle
Interim City Engineer
100 N.W. 1st Avenue . I
Delray Beach, FL 33444
Re: Storm Drainage System No.3
City of Delray Beach, Project No. 87-1023
Dear Sir:
. I
Attached are unit prices "for the installation of 6" or 8" water
line on N.E. 4th Avenue, as requested by the City Water Department.
All prices are based on the water line being constructed in con-
junction with our contract on N.E. 1st Street. Restoration of the
pavement and sidewalk will be the same as the unit prices in the
contract for 1st Street. The plant and shrub or tree replacement
;s not included in these prices.
Please advise us of your decision as soon as possible so this
material ean be ordered and the work scheduled to be completed in
conjunction with our contract on 1st Street.
Please advise should you have any questions.
, Yours very truly,
..... C;. ~~ ~j)
"...
C. Merritt Bird
Project Manager
CMB: sd
.
Ene.
-'
'#:r;;af,ñ....;t~ ._~.~.. .......~. .. .. '. '. ~;~:400...:c..._....;2o"
. .
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.
. .
CITY OF OELRAY BEACH
6" WATER: - .
1200 LF 6" O.I.P., Cl 52 @ 15.00 $18,000.00
4 EA Fire hydrant assembly @ 1,900.00 7,600.00
2 EA Sample points @ 185.00 370.00
24 EA Single service @ 575.00 13,800.00
1 TN Fittings @ 5,500.00 5,500.00
2 EA 6" gate valve @ 600.00 1,200.00
1 LS Maintenance of traffic @ " ',L.S., 1,000.00
Total for 6" Water: $47,470.00
8" WATER:
1200 LF 8" O.I.P., Cl 52 . @ 18.00 $21,600.00 ,
.
4 EA Fire hydrant assembly @ 1,950.00 . 7,800.00
2 EA Sample points @ 185.00 370.00
24 EA Single services @ 575.00 13,800.00
1 TN Fittings @ 5,500.00 5,500.00
2 EA 8" gate valves @ 760.00 1,520.00
1 LS Maintenance of traffic @ L.S. 1,000.00
Total for 8" Water: $51,590.00
AÒD/7Jé)'IVH '-
~ I~ fJ /'¡::; 8 ð,V
1~7 S7i~"'" 470
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.
CHANGE ORDER
No. 4
.
Dated May 2, 1990 mi3 1990
I ' -
.
87-10-23 .
Project No. - -
Project Name: Storm Drainage System"No. 3 (N.E. 1st Street Drainage Project)
, .
. .
...
Owner: City of Delray Beach, Florida
Contractor: Hardrives, Inc.
Contract Date: September 29, 1989
To: Hardrives, Inc. t Contractor
You are directed to make the following changes in the subject contract:
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Pavement restoration needed for'8"'watèrline installation on N.E. 4th Avenue from
Atlantic Avenue to N.E. 2nd Street --
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which changes are more speèifically described in the attached ame.nded plans, dra.wings, and
specifications.
The reason for, the change is as follows: The cost of the pavement restoration was not
included in Change Order #2 which was installing an 8" water line on N.E. 4th Avenue
from Atlantic Avenue to N.E. 2nd Street J ... . 4 ~''¡ ."! t . I
Avenue. . ,"
The contract price and contract time shall be adjusted b~8.use of such changes as follows:
A~ Contract Price
;1. Contract price prior to this change order: · $828,645.45
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Page One of Two Pages
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0, C~GE ORDER f...!L-
....,.-..-.............-..,..... ~. .. ~_...... ..... .. .......... . ,,"
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2. Net increase resLÙting from this change ,order: $13,840.55
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3. Current contract price including this change order: $842,486.00
° D. ' Contract Time .
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I 1. Contract time prior, to this change order: 271 days
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'. 2. Net Increase resulting from. this change order: o days
3. CUlTent contract time including this change order: 271 days
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. City of Delray Beach, Florida, OWNER
°
By: ' :
, . , ~d S-/'/'!D
Attest:
City Clerl<:
City of Delray Beach .
Approved as to form:
City Attorney
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The above changes are accepted on . May 3, 1990 , 198__ I understand the. t all the
provisions of the Contract Document related to Project No. 8,7-10-23' which are not
inconsistent with the terms of ·:this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
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Witness:
~, ~.~'~~I"_Ý' Hardr;ves¡ Inc. ,,' , CONTltACTOR
~~7i~ By: rJ.~P~" .
As to Contractor Title
W. Allen Poston, Vice President
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MEMORANDUM
TO: Robert A. Barcinski
Acting City Manager
FROM: William H. Greenwood ~~S/]!fO - .
Director of Public Utilities - .
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 8,
1990 - ARCHITECTURAL ENHANCEMENTS TO THE NORTH
WATER PLANT/STORAGE TANK - POST, BUCKLEY, SCHUH &
JERNIGAN, INC.
DATE: May 3, 1990
Item Before City Commission
The City Commission is requested to approved the authorization
agreement between the City of Delray Beach and Pf"'1st, Buckley,
Schuh & Jernigan, Inc. for the architectural enh?:.cements to the
North Water Plant/Storage Tank in the amount of $16,000. Funding
source will be from account no. 441-5162-536-60.93.
Backqround
The North Water Treatment Plant site originally processed
groundwater from nearby wells prior to storage and pumping into
the distribution system. In order to provide a hi~her level of
water quality to it's consumers, a treatment facility with a
higher level of treatment was constructed at the South Treatment
Plant site. The North site was then converted to a storage and
pumping facility. The City authorized PBS&J under Authorization
No. .4 to develop a plan, architectural concept, and electrical
improvements to the facility.
Recommendation
Staff recommends approval for this authorization.
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AUTHORIZATION NO. TO AGREEMENT
Entered Into~Between
CITY OF DELRAY BEACH, FLORIDA
100 N. W. 1st Avenue
Delray Beach, Florida, 33444
Da ted December 20, 1988
And
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
5300 West Cypress Street, Suite 300
Tampa, Florida 33607
- -
For
ARCHITECTURAL ENHANCEMENTS TO THE NORTH WATER PLANT/STORAGE TANK
Po s t , Buc k 1 ey , Schuh & Jern i gan, Inc. (ENGINEER) sha 11 provide
professional engineering services, as hereinafter described, to the City
of Delray Beach (CITY) for modifications and rehabilitation to the North
Water Plant.
1.0 BACKGROUND
The North Water Treatment Plant site originally processed groundwater
from nearby we 11 s prior to storage and pumping into the d i stri but ion
system. In order to provide a higher level of water quality to itls
consumers, a treatment fac il ity with a higher level of treatment was
constructed at the South Treatment Plant site. The North site was then
converted to a storage and pumping facility. The City authorized PBS&J
under Authorization No.4 to develop a plan, architectural concept, and
electrical improvements to the facility.
The Director of the Pu b 1 i c Utilities Department has reviewed the
architectural concepts and had selected Scheme "B" which will provide an
elevation which will be similar to City Hall. This authorization is to
prepare the plans and specifications for the enhancements.
2.0 SCOPE OF SERVICE
2.1 ARCHITECTURAL PLANS AND SPECIFICATIONS
A. PBS&J, through its sUbconsultant, Ms. Dorothy McKenna, A.LA., will
prepare plans and specifications for the arch i tectura 1 enhancements
shown in Scheme "B".
2.2 CONCEPT PLAN FOR TANK ROOF
A. PBS&J will prepare a concept plan for the potential of constructing
utility office space on approximately one half of the roof of the
storage tank. A preliminary structural review as to the viability
of these offices will also be conducted.
3.0 CITY'S RESPONSIBILITIES
A. Provide access to all sites, as required.
B. Provide timely review and approval of submittals by ENGINEER.
C. Pay all permit application fees.
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D. Provide all available da ta , de ta i1 s , drawings and other
information relating to the North Water Plant to be mod i fi ed
under this program.
E. All construction phase and bid phase services re 1 a t i ng to
products of Task 2.1 should the City desire PBS&J to conduct
any or all of these services, would be included in an
additional authorization.
F. All deta il ed design phase services relating ,to the concept
developed in Task 2.2, should the City desire-PBS&J to conduct
these services. would be included in an additional
authorization.
4.0 COMPENSATION
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and ENGINEER on June 10, 1985 for
Additional Services and latest AMENDMENT Februa~y 1, 1989.
2.1 ARCHITECTURAL PLANS AND SPECIFICATIONS $10,500
2.2 CONCEPT PLAN FOR TANK ROOF 5,500
TOTAL $16,000 -
4.1 TIME OF SERVICE
Task 2.1 will be completed within 90 calendar days after receipt of the
notice to proceed for the respective Task. The time of completion
assumes a maximum cumulative review of 7 calendar days for the CITY to
review the design documents at the 50 and 95 percent stage for Task 2.1.
Task 2.2 will be completed within 60 calendar days after receipt of the
notice-to-proceed.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
AMENDMENT to AGREEMENT upon terms and conditions above stated on this
day of , 1989.
For the ENGINEER: For the C!TV:
POST, BUCKLEY, SCHUH & JERNIGAN. INC. CITY OF DELRAY BEACH
By: By:
Mayor
Attest: Attested:
Approved as to Form
Ci ty Attorney
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MEMORANDUM
TO: Robert A. Barcinski
Acting City Manager
FROM: William H. Greenwood /}¿J1Jf3~hl.,o
Director of Public Utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 8,
1990 - REPLACEMENT OF THE MASTER WASTEWATER PUMP
STATION - POST, BUCKLEY, SCHUH & JERNIGAN, INC.
DATE: May 3, 1990
Item Before City Commission
The City Commission is requested to approve the authorization
agreement between the City of Delray Beach and Post, Buckley,
Schuh & Jernigan, Inc. for the replacement of the Master
Wastewater Pump Station. Temporary funding in the amount of
$156,.450.00 will be from the 198.4 Water and Sewer Revenue Bond
Issue account #.441-5162-536-60.48 to be reimbursed from the 1990
Water and Sewer Revenue Bond Issue or Line of Credit.
Backqround
The Master Wastewater Pump Station, located in Veteran's Park at
the northwest corner of Atlantic Avenue and the Intracoastal
Waterway, conveys the majority of the wastewater generated in the
City of Delray Beach to the Regional Wastewater Treatment Plant.
A number of problem conditions exist at this pumping facility and
a preliminatry design report was prepared in late 1989. The
report recommended replacement of the station and recently
proposed modifications to Veteran's Park will also require the
relocation of the station. This authorization will provide for
the design, permitting, bidding, engineering during construction
and resident services of the replacement station.
Recommendation
Staff recommends approval of this authorization in the amount not
to exceed $156,.450.00. Funding source will be as stated above.
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AUTHORIZATION NO. _ TO AGREE ME NT
Entered Into and Between
CITY OF DELRA Y BEACH, FLORIDA
100 N. W. 1st Avenue
Delray Beach, Florida, 33444
Dated February 1, 1989
And
POST, BUCKLEY, SCHUH & JERNIGAN, INC.=---
5300 West Cypress Street, Suite 300
Tampa, Florida 33607
For
Replacement of the Master Wastewater Pump Station
Post, Buckley, Schuh &: Jernigan, Inc. (ENGINEER) shall provide professional
engineering services, as hereinafter described, to the City of Delray Beach (CITY)
for the design, permitting, and services during construction for the replacement of
the Master Wastewater Pump Station.
1.0 BACKGROUND
Project Description/Scope of Desi~m
The Master Wastewater Pump Station, located in Veteran's Park at the northwest
corner of Atlantic Avenue and the Intracoastal Waterway, conveys the majority of
the wastewater generated in the City of Delray Beach to the Regional Wastewater
Treatment Plant. A number of problem conditions exist at this pumping facility,
and a preliminary design report was prepared in late 1989. The report
recommended replacement of the station and recently proposed modifications to
Veteran's Park will also require the relocation of the station. This authorization
will provide for the design, permitting, bidding, engineering during construction and
resident services of the replacement station.
2.0 SCOPE OF SERVICES
2.1 PRELIMINARY ENGINEERING REPORT
A preliminary engineering report was previously prepared identifying feasible
options for the Master Wastewater Pump Station. The recommended option of
replacing the existing station with a submersible station will be reviewed. Any
changed conditions that might impact this option will also be reviewed including
any required alternatives. Following review, comment and approval by the CITY,
the revised preliminary engineering report will be used as the basis of design for
the master pump station.
2.2 SURVEYING
Surveying of the area within Veteran's Park, where the pump station will be
located, will include a site survey identifying topography and existing features,
horizontal and vertical control. The level of detail in identifying existing
underground facilities will depend upon the availability and accuracy of rp.cord
drawings provided by the CITY, as well as other agencies and private utilities, and
the feasibility of exposing existing facilities for location in the field.
2.3 DESIGN PHASE SERVICES
Final design, based upon the preliminary engineering report as approved by the
CITY and consistent with applicable Federal, State and local regulatory agency
requirements, will consist of engineering drawings, technical specifications and
contract documents. These documents will be submitted to the CITY for review at
the 60 percent and 90 percent stage of completion. The design will include
replacement of the existing park restrooms, if in conflict with station location and
architectural enhancement of the station.
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2.4 PERMITTIN G
The ENGINEER will prepare and furnish to the CITY, for their execution and
submittal, necessary environmental regulatory agency permit applications along
with required documentation and will pursue each permit on behalf of the CITY.
Actual building permits will be secured by the Contractor.
2.5 BID PHASE SERVICES
The ENGINEER will advertise the project for bids, respond t<L.bidders' questions
during the bidding process, issue addenda if required, attend the bid opening,
prepare a bid tabulation and recommend to the CITY the lowest qualified bidder.
The CITY agrees that the ENGINEER may charge prospective bidders a
non-refundable payment to cover printing and handling costs of the document.
2.6 BASIC SERVICES DURING CONSTRUCTION
Engineering services during construction will include project management,
coordination with the CITY and the contractor, responding to questions by the
contractor during construction, review and approval of shop drawings, site visits
(10) by the project engineer during critical phases of construction, review and
approval of pay requests.
2.7 RESIDENT CONSTRUCTION SERVICES
During construction operations, the ENGINEER's resident project representative
will be on -si te to provide construction observation and coordina te project
administra tion. Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the resident project
representative, the ENGINEER will endeavor to provide further protection for the
CIT Y against defects and deficiencies in the work. However, in providing resident
project services, the ENGINEER nor its staff will be responsible for the means,
methods, techniques, or procedures of construction selected by the contractor or
for safety precautions and programs incident to the work of the contractor or for
any failure of the contractor to perform the construction work in accordance with
the Contract Documents. It is anticipated that resident construction services will
be required for the proposed 2.4-week construction period, with the Contractor
responsible for reimbursement of any inspection overtime.
2.8 FINAL CERTIFICATION AND START-UP SERVICES TO INCLUDE
Services to include certification of the project upon construction completion and
preparing record drawings for the project based upon marked-up drawings
maintained by the contractor. A set of reproducible mylar record drawings will be
delivered to the CITY upon completion of the project.
2.9 ADDITIONAL ENGINEERING SERVICES
Additional engineering services, which may be necessary for completion of the
design of the project or which may be requested by the CIT Y and are not
specifically included in this scope of services, will be performed by the ENGINEER
on a time plus reimbursables basis, when such additional services are authorized by
the CITY at an agreed upon fee. Assist in providing post start-up personnel
tra.ining, i.e. on-site training given to the plant operation and maintenance
personnel on the operation and control of the new facilities, to the limit of six (6)
hours of senior engineer time. Start-up training sha.ll include field and office
training by selected equipment manufacturers on their respective equipment
supplied.
3.0 CITY'S RESPONSIBILITIES
a. Provide coordination with other CITY departments which may have
information on or will review this project.
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b. Provide timely review and approval of submittals by ENGINEER.
c. Pay all permit application fees.
d. Provide all available data, details, drawings and other information
relating to existing or proposed CITY facilities.
4.0 COMPENSATION
Compensation for engineering services shall be based uporb-.:the AGREEMENT
entered into and between the CITY and ENGINEER on June 10, 1985 for Additional
Services and latest AMENDMENT February 1, 1989.
2.1 PRELIMINARY ENGINEERING REPORT $ 1,818.00
2.2 SURVEYING AND SOILS TESTING 10,318.00
2.3 DESIGN PHASE SERVICES 45,158.00
2.4 PERMITTING 5,226.00
2.5 BID PHASE SERVICES 4,833.00
2.6 BASIC SERVICES DURING CONSTRUCTION 33,631. 00
2.7 RESIDENT CONSTRUCTION SERVICES 49,236.00
2.8 FINAL CERTIFICATION AND START UP 6,231.00
2.9 ADDITIONAL ENGINEERING SERVICES
TOTAL $ 156,450.00
5.0 TIME OF SERVICE
It is estimated that, upon written authorization to proceed, the Preliminary
Engineering Report review would be completed within 30 calendar days. Following
receipt of written comments and approval from the CITY for the report, it is
estimated that the Final Design Phase could be completed and the project ready to
release for bidding in 120 calendar days. This time of completion assumes a
maximum cumulative review time of 10 calendar days for the CITY to review the
design documents at 60 percent and 90 percent stages of design and is contingent
upon timely receipt of all applicable regulatory agency permits and that any
easements required for the project will be obtained by the CITY.
IN WITNESS WHEREOF, the parties have accepted, made and executed
this AMENDMENT to AGREEMENT upon terms and conditions above stated on
this day of . 1990.
For the ENGINEER: For the CIT Y:
POST, BUCKLEY, SCHUH
& JERNIGAN, INC. CITY OF DELRA Y BEACH
By: By:
Mayor
Attest: Attested:
Approved as to Form
City Attorney
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MEMORANDUM
TO: Robert A. Barcinski
Acting City Manager
FROM: William H. Greenwood Ø/JI8s!JlfC)
Director of Public Utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 8,
1990 - MODIFICATIONS AND REHABILITATION TO DELRAY
BEACH ELEVATED STORAGE TANK - POST, BUCKLEY, SCHUH
& JERNIGAN, INC.
DATE: May 3, 1990
Item Before City Commission
The City Commission is requested to approve the authoriza+:';-:::l
between City of Delray Beach and Post, Buckley, Schuh r, _:..-:¡n~an,
Inc. to provide professional engineering ~2rvices for
modifications and rehabilitation to the Elevated Storage Tank in
the amount of $20,55.4.00. Funding source will be from account
no. 4.41-5161-536-60.31.
Background
The City's 500,000 gallon elevated water storage tank was
constructed in 1955 at the site of the City's current water plant
and public works complex. The tan.k was inspected in 1985 and was
found to ~e in reasonably qooà oondition, but in need of repa1rs
and painting. Also, since the last inspection, cellular antennas
and a microwave dish have been constructed on the tank thus
accelerating the need for maintenance on the tank.
This facility has remained in service for a number of years
without the benefit of follow-up inspections, upgrade or
rehabilitation. The city is desirious to remedy this situation
and to bring this facility to a higher level of service.
Recommendation
Staff recommends approval for this authorization.
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AUTHORIZATION NO. TO AGREEMENT
Entered Into~Between
CITY OF DEL RAY BEACH, FLORIDA
100 N. W. 1st Avenue
Delray Beach, Florida, 33444
Dated February 1, 1989
And
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
5300 West Cypress Street, Suite 300 ------.
Tampa, Florida 33607
For
Post, Buckley, Schuh & Jernigan, Inc. ( ENGINEER) s ha 11 provide
professional engineering services, as hereinafter described, to the City
of Delray Beach (CITY) for modifications and rehabilitation to the
Delray Beach Elevated Storage Tank.
1.0 BACKGROUND
The CITY's 500,000 gallon elevated water storage tank was constructed in
1955 at the site 0 f the C !TY I S current water pl ant and public works
complex. The tank was inspected in 1985 and was found to be in
reasonably good condition, but in need of repairs and painting. A 1 so,
since the last inspection, cellular antennas and a microwave dish have
been constructed on the tank thus accel erati ng the need for ma i ntenance
on the tank.
This facility has remained in service for a number of years without the
benefit of follow-up inspections, upgrade or rehabilitation. The CITY
is desirious to remedy this situation and to bring this facility to a
higher level of service.
2.0 SCOPE OF SERVICES
2.1 TANK REHABILITATION SPECIFICATIONS
The ENGINEER wi 11 prepare Contract Documents utilizing the "CITY
Fron t- End II to be used by the CITY to secure a contractor to c 1 ea n ,
repair and paint the interior and exterior of the 500,000 ga 11 on
elevated tank.
The ENGINEER wi 11 prepare applications for the appropriate FDER/Health
Department permits.
2.2 BID PHASE
a. The ENGINEER will issue plans and specifications to prospective
bidders (CITY agrees the ENGINEER may charge prospective
bidders non-refundable payments to cover the printing and
handling cost of the documents).
b. The ENGINEER will assist the CITY in securing bids.
c. The ENGINEER will tabul a te and analyze bid resul ts, and make
recommendations to CITY on the award of construction contracts.
2.3 CONSTRUCTION PHASE
The ENGINEER will conduct limited site vis its to observe the
construction of the work designed hereunder at intervals appropriate to
the progress of the project as in accordance with accepted engineering
standards (but not including full-time resident observation) to include
the fo 11 owi ng:
a. Review shop drawings supplied by the Contractor to CITY.
b. Observe performance te s t s required by the specifications, and
immediately notify the CITY of such observations.
tm: EnvCont7: A6/l -1-
c. Make fou rteen (14) site visits (a pprox ima te 1 y two per week
during the anticipated seven week construction schedule for
observations, as required by the construction, to determine to
the extent possible if the work is proceeding in substantial
compliance with the plans and specifications, and notify the
CITY of such observations.
d. Make a final field observation of the project and certification
to the concerned governmental agencies for final approval.
Provide CITY with copies of such certifications prior to
forwarding to concerned governmental agencies. = ,
e. Prepare change orders for approval by the CITY.
2.4 WARRANTY INSPECTION
a. Prior to the expiration of the Contractor's warranty period,
the ENGINEER wi 11 inspect the tank for any final warranty
items.
b. The ENGINEER will issue a memorandum to the CITY of its
findings.
3.0 CITY'S RESPONSIBILITIES
a. Provide access to the site, as required.
b. Provide timely review and approval of submittals by ENGINEER.
c. Provide tank color selection and if appropriate, lettering or
logo information on the tank.
d. Pay all permit application fees.
e. Provide all available da ta , deta i1 s , drawings and other
information relating to the tank.
f. The CITY wi 11 dewater the tank and remove it from serv ice for
the duration of the construction contract period.
4.0 COMPENSATION
Compensation for engineering services shall be based upon the AGREEMENT
entered into and between the CITY and ENGINEER on June 10, 1985 for
Additional Services and latest AMENDMENT February 1, 1989.
2.1 TANK REHABILITATION SPECIFICATIONS $ 4,558
2.2 BID PHASE 2,648
2.3 CONSTRUCTION PHASE 12,307
2.4 WARRENTY INSPECTION 1,041
TOTAL $20,554
4.1 TIME OF SERVICE
The contract documents wi 11 be completed within 45 days a fte r the
receipt of the Notice to Proceed. The time of completion assumes a
maximum cumulative review of 7 calendar days for the CITY to review the
design documents. Bid phase services will begin upon authorization by
the CITY to bid the project.
tm:EnvCont7:A6/2 - 2-
IN WITNESS WHEREOF, the parties have accepted, made and
ex.ecuted th i s AMENDMENT to AGREEMENT upon terms and cond i t ions above
stated on this day 0 f t 1990.
For the ENGINEER: For the CITY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DEL RAY BEACH
By: By: -
-.- .
Mayor
Attest: Attested:
Approved as to Form
C ITV Attorney
tm:EnvCont7:A6/3 -3-
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CITY COMMISSION DOCUMENTATION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~
FROM: DAVID J. KOVACS, DIRECTOR J)o.o<Ji r~
DEPARTMENT OF PLANNING AND ZONING - "
SUBJECT: MEETING OF MAY 8, 1990
CONSIDERATION OF A WATER SERVICE AGREEMENT FOR PROPERTY
AT ATLANTIC AVENUE AND MILITARY TRAIL (GULF STATION)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Water Service Agreement.
The project involves conversion of an existing gasoline
station and former donut shop to a modern convenience store
and gasoline outlet. Site Plan approval is required and was
received by City Commission on September 12, 1989.
BACKGROUND:
A Water Service Agreement and Attendant Site Plan was approved by
the City Commission on September 12, 1989 between B.P. Oil and the
City of Delray Beach. Prior to the "closing" on the property B.P.
Oil sold it's interest in this station (along with many other
service stations across the U.S.A.) to Service Station Inc. The
two companies, B.P. Oil and Service Station Inc. are wholly owned
subsidiaries of Standard Oil Company and the transfer has occurred
for tax purposes. B.P. Oil has entered into a lease with Service
Station Inc. to operate this property. No modification of the
original approved Site Plan has occurred. As the original Water
Service Agreement approved by the City Commission was between B.P.
Oil and not Service Station Inc. (the current owner) the Water
Service Agreement is before you for approval.
RECOMMENDATION:
By motion, approve the Water Service Agreement between Service
Station, Inc. and the City of Delray Beach and authorize the Mayor
the execute the Water Service Agreement.
Attachments:
* Cover sheet from the P&Z Staff Report of August 21, 1989
* Site Plan
PD/#29/CCGULF.TXT ::L -r
r--- " =r- - ---~-
-- ' ------
- -
,
~ t ~;::::.
(~::;:
,. 'LHi~N 1 NG 8 ZONiNG 80RRO
CITY OF OELRAY BEACH
- -- STAFF -REPORT - --
MEET ING ~TE: AUGUST 21. L ~ð9
AGeœ ITEM: IV. F
CONSIDERATION OF SITE PLAN APPROVAL TN C0~JUNCTION WITH A WATER SERVICE AGREEMENT
ITEM : FOR THE GULF STATION AND CAR WASH AT THE SOUTHWEST CORNER OF W. ATLANTIC AVE~UE
AND MILITARY TRAIL.
.
ATLANTIC AVENUE .
.. .
.
..
: ®
.,
~,
:
...
:
.
3ENERAL DATA:
OWn.r
"""""".".,.,.".,.. ,8.51, Oil Company
,.'.nc,..,.... Al J ik
,.................. .n . Clint £.quire
800.e ca.ey Clklln ~ubitz, et al
t.oc:ation..... . S h
' .,........... .,., out west corner of w. "tlantlC
Avenue and Military Trall.
Property Site
...................31,303 sq.ft 1.718 Acres)
£xi.tinq City ~and Use Pl.n.. ,.,C (Commerci.l)
Proposed City Land Use Pl.n,...,Commercial Core
(Comprehenslve Ptan)
Existinq County Zoning.".", ."CO (General Commercial)
Adjacent Zoninq"" """." '" .N~rth, sc~th, e.st ~nd west of
the subject property are toned
County CO (General Commerclal),
Existinq ~and Use" "."",.", ,Gul~ 011 Station/ Mister Donut
Propo..d Laroe U.....,..,......"R.mov. .xi.tinq structures and
p~p i.land. and r.pl.c. with n.w
p~p i.l.nd. with a 3,260 .q.ft,
canopy. 61S sq,tt, conv.nient
Itor. and a '10 Iq.ft. car wa.h.
w.¡t.r Service '
'" ,. ,'...., ......,Provlded via .n existinq 8" w.ter
mau\ extension from the 12"
maln on the east side of Military
Trul. r TEM : z;g . ~
Sewer Service "
'"···,.·.·..,..,,,Exlstinq use on Septic System,
Wlth redevelopment r¡te will
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I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~Qù',cl --So \~ ' (
\ ,r--- - ~ c.. ; \
\ '--'->1....__.......'--. "-.,.) t ....l.
FROM: DAVID J. KOVACS, DIRECTOR I J
DEPARTMENT OF PLANNING AND ZONING - -
- -
SUBJECT: MEETING OF MAY 8, 1990
APPROVAL OF THE FINAL PLAT FOR OCEAN CREST
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the proposed Ocean Crest
development.
The property involved is located on the east side of State Road
AlA, south of Linton Boulevard, between Bermuda High South and
Costa Del Rey North Condominiums.
BACKGROUND:
This property has had quite a lengthy land use history. The
most recent activity involved the approval of a site and development
plan for sixteen (16) condominium units. The site and development
plan was approved by the City Commission on October 2.4, 1989,
subject to conditions. Platting was a condition of approval.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board certified the final plat, subject to
conditions, at its meeting of April 16, 1990. The associated
conditions have been met and the final plat is now ready for
action.
RECOMMENDED ACTION:
By motion, approval of the FINAL PLAT for Ocean Crest with direction
to sign the plat upon receipt of appropriate financial guarantee for
public improvements.
Attachments:
* Cover sheet from the P&Z Staff Report of April 16, 1990
* Reduction of plat
JT/#4.4/0CEAN.TXT
~~
V'
PLANNING B ZONING BOARD --- STAFF REPORT -- -
. I.ŒET I NG DATE:
APRIL 16. 1990 AGENDA ITE"': IV. C.
------.----
I TEl.(: FINAL PLAT. OCEAN CREST TOWNHOMES, SOUTH OCEAN BOULEVARD
. -- "-.... ...- -' - .-..------ ----
8ERWUOA
HIGH WEST
81(. 36
PGS.I - .
135
()
~ ®
.
GENERAl DATA:
OWner...........................Ocean Crest Joint Venture Limited
Partnership
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Mark A. Muir
Stene Kunick Association
Location........................East side of State Road A-i-A,
south of Linton Blvd., between
Bermuda High South and Casta Del
Rey North Condominiums.
Property Size...................2.053 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.................... . Rfo1-l5 (Multiple-Family Dwelling
District)
Adjacent Zoning.................North, south and west of the
subject property is zoned RM-15.
East is the Atlantic Ocean.
Existing Land Use...............Clubhouse owned by the Bermuda
High Beach and Tennis Club, Inc.
and vacant land.
Proposed Land Use...............16 unit condominium development
Water Service.......... ....... ..Existing 6" water main located
along the east side of State Road
A-1-A.
Sewer Service...................Existing 12" sanitary sewer main
located on west side of State
Road A-1-;".
ITE~: IV. C,
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~ù~ck.. -S. ' \ r r.
\~ c, -:> C"_ c...~ "JJ,...
\
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING -- '
SUBJECT: MEETING OF MAY 8, 1990
APPROVAL OF THE THE FINAL PLAT FOR A REPLAT OF OLD
HARBOR SQUARE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the the final plat for a replat (creation of two
lots) within the Old Harbor Square development (existing) .
The property involved is located at the northeast corner of
Federal Highway and Linton Boulevard.
BACKGROUND:
Old Harbor Square was originally approved as an SAD in 1979.
After its construction the zoning was changed to L.C. From
time-to-time, there have been modifications to the development
plan. A recent change in ownership created a need to divide
interests in the project. Thus a replat was necessary.
This plat creates two lots within the existing development. A
change to the site plan which involves relocation of the driveway
along Linton Boulevard was approved as non-impacting site plan
modification.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board certified the final plat, subject
to one condition, at its meeting of February 26, 1990. The
condition, requiring recordation of easements, will be
accommodated concurrent with recordation of the plat. The Board
also recommended waiver of perimeter boundary (landscape)
requirements as they are not applicable to this circumstance.
RECOMMENDED ACTION:
By motion, granting of a waiver to provisions of l59.30
(landscaping of abutting property boundaries) and approval of
the FINAL PLAT for the replat of Old Harbor Square with direction
to sign the plat upon receipt of appropriate financial guarantee
for public improvements and that the ingress/egress easement be
recorded concurrent with recordation of the plat.
Attachments:
'/( Cover sheet from the February 26, 1990 P&Z Staff Report
'/( Reduction of the plat
REF/DJK#59/CCHARBOR.TXT
~~
r 'L{~J\;i\J 1 f\JG ß. zor' ií~G dUHHU STAFF REPORT
- - - - -
CITY OF OELRAr BEACH
MEETING O::¡TE= FEBRUARY 26. 1990
AGEtQ; ITEM: IV.B.
rTEM: FINAL PLAT. OLD HARBOR SQUARE (two lot split of existing facilities)
OELRAY
..... , MALL
,..... I
BK.30 PG.184
UIIIKIiCO(O '..6T
... ". .c;, ".
.. . ,
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, .
.
GENERAL DATA:
OwnE:r...........................New Harbor Partners, Ltd. and
New Harbor, Inc., General Partner
Morgan N. Russell, President
Optionee/Lessee.................James A. Kahn, viée President
Knight Energy Services, Inc.
Location........................Northeast corner of Linton
Boulevard and S. Federal Highway
Property Size...................6.26 Acres
City Land Use Plan..............General Commercial
Existing Zoníng.................LC (Limited Commercial)
Adjacent Zoning.................North and east of the subject
property is zoned RM-1S
Multiple-Family Dwelling
District) . South is zoned LC and
west is zoned CC (Community
Commercial) .
Existing Land Use...............Shopping center and gasoline
station
Proposed Land Use...............To remain the same as above
Water Service...................Existing on-site
Sewer service...................Existing on-site ITEM: IV.B.
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MEMORANDUM
TO: ROBERT A. BARCINSKI - INTERIM CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~~
'....Iv
SUBJECT: TENT APPROVAL FOR THE NATIONAL CHURCH OF GOD
MAY 12, 1990 - - - -
DATE: MAY 1, 1990 _ -
BACKGROUND
The National Church of God will be sponsoring a Christian Youth
Fellowing Crusade on May 12 at 133 SW 13th Avenue from 1:00 pm to
7:00 pm, and expect approximately 200 people to attend.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
assembly.
The Church has received the necessary approval from the Police
Department as it relates to the Noise Ordinance. We have also
advised the applicant that we will need a building permit
application, fee and plan indicating the tent location and
setbacks before we can issue a permit, which will be accomplished
prior to May 12th.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the tent for the National Church of God for May 12, 1990 at 133
SW 13th Avenue.
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ational Church of God ~~ 2 5 ~
133 SW 13th Avenue
Delroy Beach. FL 33444
BISHOP L. JOSEY April 23, 1990
Pastor
206 sw. 13th Avenue
Delroy Beach. FL 33444
ELDER JOE WILlIAMS
Asst. Pastor - .
5285 Sunrise Blvd.
Delroy Beach. FL 33484
Mrs. Lula Butler
Director of Community Improvement
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Canvas/Tent Permit
Christian Youth Fellowing Crusade Outdoor Service
Dear Mrs. Butler:
We, the pastor and members of the NATIONAL CHURCH OF GOD will be sponsoring a
Christian Youth Fellowing Crusade on May 12th, 1990 in the parking lot of our
church from 1 PM to 7 PM.
As per our telephone conversation with one of your Building Inspector, we are
submitting a written request to you for a permit to place a canvas/tent over
the parking lot of our church to shade the equipment and guest that will be
utilized during our outdoor service.
Each year our congregation supports our Youth Department in this endeavor of
reaching the lost at any cost. This project is geared to the spreading of the
gospel to our neighbors and community and supporting a united community of
fighting against the various situations in our areas. The various speakers and
choirs will be presenting messages relating to our theme: TROUBLE-FREE YOUTHS
STRUGGLING TO RISE IN A TROUBLE-FILLED SOCIETY.
Your approval of our canvas/tent permit will be greatly appreciated. We do not
anticipate over 200 people at any given time at this occasion. Also we have
already received approval from the Delray Beach Police Department in relation
to the Noise Ordinance.
Your response to our request should be directed to our Chairperson of this
Committee, Mrs. Mary Strapp-Glass. Mrs. Glass can be reached by telephone between
the hours of 8 AM and 4 PM at 393-7854 or by letter at: 1511 NW 3rd Street,
Boynton Beach, Florida 33435.
Thanking you in advance for your cooperation and support. May God Bless You.
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ENGINEERING DEPARTMENT . R ----^
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TO: ROBERT A. BARCINSKI
INTERIM CITY MANAGER
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FROM: ~\ ' GATES D. CASTLE, P.E.
, CITY ENGINEER
SUBJECT: DOCK & DOLPHIN PILE VARIANCES
319 SE 7TH AVENUE
DATE: MAY 1, 1990
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
B.K. Marine, on behalf of the property owner, Stephen Foley,
has requested the subject dock variance. The first
variance, if approved by the City Commission, would allow
the dock to extend 15' into the Intracoastal Waterway, while
the City Code allows a maximum of 5'. The second variance
would allow two ( 2 ) dolphin piles to be installed 35' into
the ICWW, while the Code allows a maximum of 25' . (See
attached sketch). The adjacent property owners have been
notified of the variance requests and have no objections to
the proposed dock and dolphin installation. The owner has
secured the permits required by other governmental agencies.
Engineering recommends approval of the variance request
since the dock and dolphins, as proposed, won't create a
safety hazard and since it would be impossible to construct
a usable dock at this location and meet City Code
requirements.
An Agenda Request Form for this item is attached for further
processing.
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SURVEY COOl FlED TO: Sleven K. Foley; Ho~, Sðv,ngs of AmertCð. fA;
DevItt 6. Thistle, P A; AttorneYS·Ttu. Insurance fund Inc.
PROPERTY ADDRESS: 3 t 9 S.£. 7th Avenue, ~lrcy Beach, F1,
OESCRIPTIOft --. ' flOOD ZONE: A6
The South 10 feel of Lot 5 and on of LOl6, Blode 128, BLANK-H1CHOlS -
SUBDIVISION. according to lIIe Plat U\ereOf1X' me In the OWce of the
Cler1c: of the Circuit Court In and for Palm BlOch County. Florida,
~con1ed In Plat600k 13. Page 28. .
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MEMORANDUM
TO: ROBERT A BARCINSKI - INTERIM CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT l~
SUBJECT: ENTRANCE SIGNS FOR SOROPTIMIST INTERNATIONAL
DATE: MAY 2, 1990
- -
BACKGROUND
Soroptimist International of Boynton Beach-Delray Beach is
requesting permission to erect two (2) signs on Federal Highway
at the north and south entrances to Delray Beach.
In accordance with Sec. 162.039 of the Code òf Ordinances, the
Commission may grant permission for the erection of civic signs
at or near the City limits.
The entrance signs that are presently located on Federal Highway
were installed approximately 20 years ago by the Chamber of
Commerce.
Upon approval from the Commission, the applicant will obtain the
necessary permits from the Building Inspection Division.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the installation of the two ( 2) entrance signs.
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89 DELRAY BEACH 5IGS5 AND BILLBOARDS S 162.040
removed within the ten-day period predicated on the basis of 1.5 square
fOllowing the election or referendum. feet of sign area for each ten feet of
Each sign not removed prior to expiration street frontage, not to exceed SO aquare
of the ten-day period shall constitute an feet.
abandoned sign not requiring a hearing
prior to its removal by the city. The (2) A freeatanding and flat
coat of removal by the city shall be set wall directory aign providin'1 information
at $25 for noncomplying parcel, whicb regarding the activities of the
cost shall be assessed against the inst! tution is permitted, not to exceed
property owner, and may be levied upon 20 square feet.
the property'upon which the violating
sign was located. However, no coat of (3 ) In= ~ddi tion, a flat wall
removal ahall be aaaesaed against the si'1n will be allowed for the main
property or property owner if the building and all ancillary uae buildings
property owner can conclusively prove to for identification not to exceed 10' of
the City Manager or his designee that he the building face with 20 aquar. feet
was not responsible for the temporary being the maximum sign fae..
political sign and had no knowledge of
the temporary sign being placed or (4) Addi tional freestanding
maintained on his property. si'1ns for accessory uses, aueh as
preschools, are permitted, not to exceed
: (3 ) Each temporary political 20 square feet.
sign shall not exceed 12 square feet per (Ord. 37-86, paased 6-24-86)
sign face.
S 162.040 DIRECTIONAL SIGNS.
(4 ) No temporary political sign .
shall be placed in any public (A) General directional signs
right-of-way or on any public property; ~li.ited to a maximum of six per civic
nor shall these signs be placed in a organization, church, or recreationa~ :
location, as determined by the City facility and limited to a maximum of four
Manager or his designee, which would per business or residential development
constitute a safety hazard or hindrance lIIay be permitted in city street
to pedestrian or vehicular traffic. right-of-way subject to the approval of
the Public Works, enqineering, and
(5 ) Any person who places or Building Departments. Signs local:ed
allows to be place~ upon his property or other than on city riqhts-of-way shall be
property under his control any sign in permitted to continue at approp~iate
violation of this sp.ction shall be guilty locations until otherwise notified. The
of a violation of this code, punishable designation of the maximum number of
as provided in S 162.009 or S 150.999. directional signs is not intended to
imply that each qualifying applicant is
(6) Nothing contained in enti tied to the maximum. The number of
di.vision (C) (2) of this section, directional signs permitted for ea~h
providing for the collection of costs of qualifying applicant, up to the maximum,
removal, shall be construed as a waiver shall depend upon the needs of the
of the violation provisions set forth in traveling public as determined by the
division (C) (5) of this section, or as above city departments. The dimensions
prohibiting the city from issuing of the directional signs shall be eiiht
citations for violations or enforcing its inches by 30 inches per sign. The 8 gns
codes by this or any other means. will be designed and installed in
(Ord. 37-86, passed 6-24-861 Am. Oed. accordance with city specifications at
86-88, passed 8-9-88) Penalty, see the expense of the applicant. When
S 150.999 directional signs are located at a street
CIVIC~AÑD~RELÍGÍåú;\ intersection, they shall be placed on the
S 162.039 aide of the street opposite the side on
INSTITUTION SIGNS. whlch there are street signs.
(A) The City Commission lIIay perlllit (8) No more than six signs on one
to be erected entrance signs at or near pole shall be permitted at any street
the cit¡ limits for the benefit of intersection.
visitors, on which lIIay be li s ted
institutional names, religious (C) Residential directional signs
institutions, and points of interest. limited to a lIIaximum of six per
Civic organizations and religious· development are permitted for those
institutions lIIay be permitted to place developments having 25 or more living
their insignias thereon. units. These signs may be placed in the
city street right-of-way subject to the
(8) Relig ious institutions. approval of the Public Works,
engineering, and Building Departments.
(1) All religious institutions The plans and specifications of the
are permitted a primary freestanding approved signs are available in the
identification sign. The sign shall be Building Depart~ent. No other type s1gn
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SoroPlimiSI
INTERNATIONAL OF BOYNTON BEACH-DELRAY BEACH
Post Office Box 1325, Boynton Beach, Florida 33425
April 9, 1990 '- -
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~'1s. Joyce Desormeau
Bldg Dept
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Fl 33:.:.'.
Re: Roa:i Signs
Dear Ms. Desormeau:
Enclosed is some literature showing dimension and material of the
signs that we wish to place on the Club sign boards at the north
and south entrances to Delray Beach on U.S. 1.
If you should need additional material please contact me at my
place of emplo~ent 407/732-3711 days.
Sincerely
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President
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SorOPlïmiSI
INTERNATIONAL OF BOYNTON BEACH-OElRAY BEACH
Post Office Box 1325, Boynton Beach, Florida 33425 MM 2 9 S1
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March 20, 1990
Mayor Dcak Campbell
City Hall
100 N. W. 1st Avenue
Delray Beach, FI 33444
Re: Road Signs at entrances to city
Dear Mayor Campbell =
I wrote a letter to your city commissioners as I was requested to do
in order to get some action on letting our club put up ·.our club signs
at the entrances to your city.
After I wrote the letter (copy enclosed) I received a call from an Irene
Montaban and then from a Dori. Both Vlanen said they 'Were Vlorking on it.
To date, I have not heard one Vlord from anyone and now cannot locate who
it is that was working on this project.
I wOlùd appreciate it if you see who it is that takes care of authorizing the
permission to place the road signs, who puts them up, who it is I have
to contact.
If you have any questions, please contact me at my place of employment
407/732-3711 (Mr. Milan Novotny's Office).
Lis Helleskov
President
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(4001 C,ou '.n w,lh flder.lIon (402) Du. S.I, w,lh on. p.n .nd .mbl.m (4031 Pap.r""~1 - Embl.m imb.ddtd (404) Lilli( Op.ntr - ptwter with
Embltm - chromt in clll( lucill, 2 5/8" x 3 3/4" x I" .ngtavtd .mbltm on htndlt
(4011 s.mt II tbov. - ¡old 'ill.d
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_UII&I'III&/. . ,. Ult1i1 It':
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(405) Tal. B.g - in naturt' c.nVII W'lh 14061 Aprons (al Huvv Callan In Vellow, (401) Tabl. FI.g - Gold tmbl.m on blut, (4081 Lic.nll PI. II 12" x 6"
tmbl.m, 10 1/2".11" 28\'," I.nglh; Ibl Blu. d4nlm 10' Soropl,m'l- 8". 12"
I.r, 40"I.ngtll; (cl Wau'lIvlt Wllh po"t"
.-
(409) PlaQut 1 1/4" x 9" - wood ,hllld, (410) 'bmt B.dge. tmbltm Imprlnttd (41\) W.lnut PI.que - 11 1/2" x 91/4" (412) Gift PI'Qut - 4" x 6", w.lnul...
Willi 4" So,opl,mllltmbltm In w,llI club and mtmlle, namt, blut (hold,1 1/2" x II" tllllhtlles) - tmblem .nd tn¡nvlOg plall
b,onrt on ",hilt 2" x 3" Wllh plexi l.u tover
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(4\31 ROId SF _11N diamltw. (414) Ch,b &nnlf - blue IIlIet., (415) COI\1eßWlth Feder.llon (4161 Bllett." set - blue suedt 14171 Card Cue; (4181 KtV C.
11M special order form .mbltm .nd dub n.mt in !\Ime, sel at sax on hold.r .nd brown trim bnelea", (419) Pocktt OrganiltrlCaltn~
(4' 3AI Maml .ncl/or ....tin, gold, 29" x 43", use with m.tthlng 8 112" x II" .11 match britttall III.
Platt pantfl(blut and y.llowl 'PIC,aI oule, lorm portfolio (420Iit.ms 416,411.418, 41!
8" x 24" - USl splCi.1 form
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. (Compleee, enclo.e payment .a u.s. DOLLARS and mail to:)
SOROPTlMIST INTERNATIONAl OF THE AMERICAS Date
Aten: Sal.. Department
1616 Walnut Street
Philadelphia, PA 19103
~hip to:
TYPE OR PRINT
Name Club number
Scre.c addu.. (No. P.O. boxes) Club name
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City, .tate/province, ZIP/po.tal code Signature
IMPŒrANt: Al.1.c::M 6-8 weeks for 8hipœnt. Merchandise is shipped direct frail lIIDJiacturer.Rush orden noe
Item No. Item/Description Quantity
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414 -c Club Banner and Stand Set $
(includes 414-A and 414-B belov)
(Give exact wording below*)
414-A Club Banner Set Only $
(includes JO"x40" blue banner, gold cord and tassles,
cro..bar and .ide spears)
(Giv. exact vording belov.)
'SOROPTIKIST INTERNATIONAL OF
-{14-B (Please print)
Stand Set Only
(includes stand and 2-piece 8' pole with top spear)
415-C Avard. Banner and Stand S.e
(include. 415-A and 415-8 b~lov)
415 -A Avard. Banner Set Only
(include. 24"x 36" gold banner, gold cord and taule.,
crossbar and side .pear.)
415-8 Stand Set Only
(include. atand and 2-piece 6' pole with top spear)
413-1. Road S 1p
(18" blue & brown aingle-aided metal disc
with yellow reflectorized paint)
413...B Name and/or Meeting Place Panels
(8"x24" yellow metal panel with blue lettering)
Imprinting cost for 2 line. i8 $8.00.
...,/
TOTAL $
CLUBS IN PA ADD 6% SALES TAX $
TOTAL PAYMENT IN U.S. DOLLARS ENCLOSED $
11/88 PAYMENT IN U.S. DOLLARS MUST ACCOMPANY ORDER
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MEMORANDUM ß?R 2 6 90
CO~M
,svcs GA
TO: Robert A. Barcinski . OUP
Interim City Manager
will iam H. Greenwood ~ '//l..>/"o -- -
FROM:
Director of Public utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 8, 1990 - REPLACEMENT OF 15" GRAVITY
SEWER MAIN ON S.E. 1ST STREET
DATE: April 24, 1990
Item Before city Commission
Request City commission to approve replacement of 15" gravity
sewer main on S.E. 1st street in the amount of $21,042.50.
Funding is available from 441-5141-536-60.66.
Backqround
Public Utilities personnel investigation revealed a 350' length
of 15" diameter clay pipe in very poor condition. Our television
inspection revealed more than half of the joints are open,
longitudinal cracks and tuberculation in a metal section. This
set of conditions allows infiltration from ground water as well
as exfiltration. Engineering concepts In Design, who acted as
our consultant in this matter estimated that the project would
cost approximately $29,000.
Quotes to replace the entire length of sewer are as follows:
Southern Pipeline, Inc. 21,042.50
Hardrives, Inc. (Estimate) 27,000.00
Recommendation
Staff recommends City Commission approval of Southern Pipeline,
Inc. to replace 350' of 15" sanitary sewer.
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MEMORANDUM
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TO: Malcolm Bird, Interim City Manager ~I ~ ,
THRU: Larry Mart in, Deputy Director of Public Ut i Ii ties.;/'"
William H. Greenwood, Director of Public Utilities
FROM: A. Hal Faulkner, Superintendent of Wa6tewa~èr Collection
SUBJECT: Replacement of 15" gravity main crossing storm drain on
S. E. 1st Street
DATE: March 12, 1990
It is requested that permission be granted to commence replacement of
the subject named gravity main.
This is a 350 foot long, 15" diameter clay pipe running north and
south across S.E. 1st Street, one section is 15" cast iron pipe running
through the storm drain which runs east and west along S,E, 1st Street,.
to the Intra-Coastal Canal,
Over half the joints in the pipe are open, allowing for infiltration of
ground water and exfiltration of sewage, One pipe section is cracked
badly for its entire length. The cast iron pipe running through the
storm drain is badly tuberculated and might be structurally unsound,
The low bid for this project came from Southern Pipeline, Inc" in the
amount of $21,0.42.50, Funds for this project are available from the
Capital Improvement Fund, Account ~.441-.41-60-66.
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TO: \'ìILLlA~1 H. (;C2:SN:¡'JOOD
DIRECTOR OF t'r;[:LIC fiT [LITlE:; I .
I .(/ r/
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THRfJ: LAHEY t1ARTIN ~l y .,'
DEPUTY DIfŒCT(ìF', PUBLIC t7TILITIES' ..'
FfW t-1 : A. }LI-\L FAULK1'JEI\
SUPERINTENDENT. '~¡ASTEWATE:-, DIVISION
SOBJ: S. E# 1ST STREET ALLEY, E," ~,EHER LINE (EXFILTR1\TICiN INTO
STorm SEWER).
DATE: tJARCH 6, 1930
THE ABOVE REFERENCED PROJECT HAS BEEN EVALUATED BY ENGINEERING CONCEPTS
AND MYSELF, AND THE LOGICAL/PRACTICAL SOLUTION IS REPLACEMENT.
BASED ON CONCLUSIONS DRAWN BY ENGINEERING CONCEPTS:
REPLACEMENT FIGURE: $29,000.00
AND OUR RESEARCH: ~;21,100.(JO
THIS FIGURE REPRESENTS A PROPOSAL FROM SODTHERN PIPELINE AND CORRESPONDS
WITH A FIGURE EXTRACTED FROM HARDRTVES. WE WOULD HAVE TO PAVE THE
AFFECTED AREA AND PROVIDE PERMITS FOR SOUTHERN.
IT IS FELT THAT FURTHER REPLACEJ'1ENT CF THE LINE RUNNING NoraH TO ATLAN-
IC WOULD BE IN THE BEST ENTEHEST OF THE CITY.
WE RECOMMEND THAT WE PROCEED WITH THIS PROJECT (FIRST PHASE) AS SOON AS
POSSIBLE AS WE HAVE FUNDS IN THE CAPITAL IMPROVEMENT FUND FOR THIS TYPE
O¿~~n_
A. HAL FAULKNER
FILE: SEFIR:3TREP
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SOUTHERN PIPELINE, INC.
UTIUl1ES CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426
(407) 732-6711
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City of Delray Beach March 5,1990
Utilities Department
100 N.W. 1st. Street
Delray Beach, Florida - -
Project - 15" P.V.C. Sanitary Sewer Main
Located in R/W Between S.E. 6th
and S.E. 7th Street
Delray Beach, Florida
RE: Sanitary Sewer
350' 15" P.V.C. S.D.R. 35 38.00 Ft. 13,300.00
2 15" Manhole Adapters 49.00 Ea. 98.00
2 Tie into existing manholes 400.00 Ea. 800.00
Cut 4.00 - 6.00
4 15" x 6" P.V.C. Laterals 300.00 Ea. 1,200.00
75 Tons 3/4 Wash Rock 11.50 862.50
175 Tons Shell Rock 10.00 1,750.00
1 Removal of trees and asphalt
Trucking and dumps fee 700.00 700.00
1 Flashers and traffic Maintenance 400.00 400.00
1 Bypass Pumping - Sewer 84 Hours 23.00 Hr. 1,932.00
Sanitary Sewer Total 21,042.50
1.Permits and Fees by city.
2.Replacement of asphalt for road by city.
3.Relocation of existing gas main by city.
4.Density test by others.
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C ENGINEERING CONCEPTS IN DESIGN, INC.
D ConsultIng Engineers (407) 471-3982
March 2, 1990
Mr. William Greenwood
Director
City of Delray Beach
Department of Public Utilities
200 N.W. 1st Avenue - -
Delray Beach, FL 33444
RE: EVALUATION OF REPAIR/REPLACEMENT OF 15" SANITARY
SEWER LOCATED AT S.E. 1ST ST. BETWEEN 6TH AVE. AND 7TH AVE
CITY PO NO.:18621
ECD PROJECT NO.: DEL90001
Dear Mr. Greenwood:
We have reviewed the video tapes made by City forces, conducted a
field inspection with Mr. Hal Faulkner and discussed the events
which transpired prior to our involvement. The situation as we
understand it is as follows:
1. The City received a complaint of a sewage smell in the
referenced area. Investigating City staff found sewage en-
tering a storm sewer conflict manhole and flowing into the
Intracoastal Waterway. The sanitary sewer is 1s-inch clay
pipe. It appears that when the storm sewer/conflict manhole
was installed approximately 20 feet of the clay pipe was re-
placed with iron pipe.
2. The City forces found the IS-inch sanitary sewer to be sur-
charged. A blockage was found north of 1st Street which was
corrected.
3. On Friday (2/23/90) ECD accompanied by Mr. Faulkner visited
the site. Upon opening the cover on the conflict manhole, a
slight sewage odor was noted. No signs of leaking was-
tewater was observed at that time however.
4. On Monday (2/26/90) City forces installed grout around the
sanitary sewer as a stop-gap measure. Mr. Faulkner noted
minor leakage at that time.
5. A review of the video inspection of the system showed the
reach to be in poor condition. Several laterals appeared to
be installed by punching a hole in the top of the sewer line
and grouting in the lateral line. Several of these laterals
protruded several inches into the sewer pipe from the top.
Within a 100 feet of the conflict manhole roots were ob-
served in the sewer along with cracks in the pipe and bad
joints.
5840 Corporate Way - Suite 107 · West Palm Beach, Florida 33407
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Mr. Greenwood
March 2, 1990
Page 2
6. In the area of the cast iron pipe the camera's forward mo-
tion was prevented when fed from both the north and the
south.
Based on this available information the following conclusions
have been reached.
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1. When the cast iron pipe was installed, as part of the storm
sewer project, several joints of the clay pipe north and
south of it were damaged.
2. The cast iron pipe appears to have settled, which is why we
believe the camera's forward progress was prevented.
There appears to be four possible solutions to the problem:
1. Replace approximately 100 feet of pipe either side of the
conflict manhole. Estimated Cost $16,000.
2. Replace this entire from manhole to manhole -
run
(approximately 400 feet). Estimated Cost $29,000.
3. Insituform, through the County's Contract, the entire run
from manhole to manhole. Estimated Cost $31,000.
4. Grout several joints either side of the conflict manhole.
Estimated Cost $8,000.
RECOMMENDATION
It is recommended that if the City has a sanitary sewer
rehabilitation program/fund, and funds are available, the entire
run, and possibly the manholes, be replaced with PVC pipe and
precast manholes. The estimated cost of this alternative is
$24,000 for line replacement and $29,000 including the manholes.
With the exception of N.W. 1 street, the entire project is in a
alley. The work should only provide a minor disturbance to resi-
dents.
If no such program exists or funds are not available, as a mini-
mum 100 feet either side of the conflict manhole needs to be re-
placed. Careful observation of the contractor is required to
prevent damage to the remaining joints beyond this work.
Besides the higher estimated cost, telephone conversations with
Insituform indicate that their process may not be technically vi-
able. First, the protruding laterals could cause a problem.
Second, they also indicated that if the video camera could not
get through the line that their equipment would not either. In
that case that run of pipe would have to be dug-up and replaced
prior to lining. This would further increase the cost of this
alternative. ENGINEERING CONCEPTS IN DESIGN. INC,
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Mr. Greenwood
March 2, 1990
Page 3
Because of the condition of the pipe in the area of the conflict
manhole there is no assurance that grouting would work. Although
we estimate the construction cost to be the low, this alternative
offers no guarantee of solving the problem.
If you have any questions, please call. - -
Sincerely,
ENGINEERING CONCEPTS IN DESIGN, INC.
Mark A. Gabriel, P.E.
Vice President
MAG/al
ENGINEERING CONCEPTS IN DESIGN, INC,
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M E M 0 RAN DUM
TO: Robert A. Barcinski, Acting City Manage~
THRU: .John W. Elliott, Jr., Assist.nt City M.nager/
H.nag.~.nt serViC.~
FROM. Ted Glas, Purchasing Director ~~
DATE. April 25, 1990
SUBJECT. DOCUMENTATION - CITY COMMISSION MEETING -
MAY 8, 1990 - SOLE SOURCE PROCUREMENT -
8eQIQ_~e!~I~~e~çE_EQB_eQ~1~E_UEeeB!~E~!
1~.~_B.!Q~._C1ì~_Cg~~1.a1QD1
Ci ty COI'""ission is requested to award annual contract to
Motorola COf"IMunications and Electronics Inc., for the a"'ount
of .529475.40 as sole-source procureMent. Per the " Budg~t
Off4ce, f~nd1n.5l. for _ th is ser~ice is froM. ~(..L=-_{¡L.l_:"2_'.!..:._~2../~
(.J.. ' !L/1.-.,;.. ""1'- {,. - (, 1.1" : - j4.L.-,~ - ,. 'W'7'- '/Ht._...:L- ) .
-- . - -~~ --~----- ~~~- ~- ---: - ----,- -----
, 'dr' /( - -'f Ie
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S,}{;Js,SilrQYDGJ.
A requisition has been received frQl'\ the Police DepartMent
requesting sole-source procureMent of two-way radio
Maintenance service for the public-safety radio systeM, per
their attached ~Morandu",.
Third party Maintenance is not recoMMended on this sensitive
equipMent, which operates 24 hours a day, 7 days a week.
The unit prices being charged are the .aMe as the past two
years, and therefore are considered to be fair and
reasonable.
Be{;QOI!)I:DG.tiQD.1
Staff recoMMends award to Motorola COMMunications and
Electronics, Inc. as sole-source procureMent, for the aMount
of .52,475.40 based on the unit prices and autoMatic renewal
clause.
êì:t.A~bo.DtaJ.
MeMoranduM froM Police DepartMent
Copy of Service AgreeMent
pc Chief Kilgore
33B
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Delray Beach Police Department ~ @
300 West Atlantic Avenue · Delray Beach. Florida 33444-3666 -:- ~ :..=.
(407) 243·7888 Fax (407) 243-7816
CHARLES KILGORE
Chief of Police
MEMORANDUM
TO: Ted Glas, Purchasing Director
FROM: William H. Cochrane, Major
Support Bureau
THRU: Charles Kilgore, Chief of POliC~
DATE: April 23, 199Ø
SUBJECT: MOTOROLA MAINTENANCE CONTRACT
The Police Department would recommend the City renew the
maintenance contract with Motorola for the Police/Fire radio
communication system. Based on their ability to service our
needs quickly and efficiently, we feel this is the most
appropriate vendor to support the Motorola backbone system.
Your consideration will be appreciated.
~-i~
WILLIAM H. COCHRANE, MAJOR
Support Bureau
WHC/gb
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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Î
SERVICE AGREEMENT
t. DEFINITIONS. "Molorola" shall mean MOlorola Communlcallons and ElectroniCS Inc Customer' shall mean the customer named In"the Agr"~ement and "Product" shal! (("
leC!I'lIely mean the Equipment and Software whlcn MOlorola and Customer agrpe ill :r: ~) Aqrepmenl to Sep,,¡¡ce SuCh Pu;Que! is ftstp¡j on the froP! 01 This Agref'rnenl
2. ACCEPTANCE. T~e te,ms and conditions set forth on the Iront and reverse side of !hlS Agreement IS an offer to purchase Service by Cu'tomer which wII; Decome a S..r"c~
Agreement when aCknowledged In w"tlng by Motorola s Service Department ~nd Ihp b~r'klnq negotlallon 0' other use at any paymenl shall nol cons!'lulp ðl· .lc«'p'ancp by Moto.')I,;
It "S "greed that Service will be provided only on the terms anQ CUrd,llonS Contained Hl ~h15 Aqreemeni Motorola shall nOI be bound by terms anJ condition -:. 'n (~us:orner 5 PUfC"'<:1S.
f)rner or pIsewhere unless expressly agreed to In wrltmg Upon ,1CCP:Jf<1nce by :hp SPhlCi Oeparlmpnt Ihp Aqreempnt ~, a-...slonet'J '0 Mo!orOi,. !.ì(
3. SERVICE DEFINED.
a MOlorola agrees to provide service for the Customer ffJr !he Product Ilsied on !he tron! sldp. 01 this Agrpement Sucn PrOduct will be s€,rlllced accordinG to the terrT1~ 1r"-:
CO(1(j:llnns on the frof"lt and reverse side of thIs Agreement ( 'Serv:cp ) The Service ~hdl begIn and end on the dales set tann on tt'ìe fronl side 01 I~IS Agref'rT!pn! Mott'JtOid WI" ,1'....
Ser\.lce '1ther product manufactured by Motorola and purchðsed by cust0m~r during the term of thIS Agreement on tne same !erms ana condItions set 10rth .~ this Agreemen! ,1: :~ ~
then current serVice tees ror such Product Upon delivery of such Dlher ProauCllQ Customer S8",IIC1::I tees 101 Service at suCh Olher PrOduct ....111 be adde(j fO [he bdl'r1q cycle fOIlO....If',;
eXpiration of the labor warranty on such o1her Product In Ihe evenl of ross damaqe. Ihelt or remOVal from Service of any Prodl<ct Customer shali Immedla!el¥ report Ihe lOSS d;HT'~~._
!het! or removaJ'n wfltlng to Motorola In ThIS event Customer c:; ot;llq,1'lrr :c pay ~erV!ce fee, with respect to any suc"" Pre,due' shall ter~"lIn;t!p ,iI IMp pnrj of tnp m('¡.tlttì ,n which ro...k:l_'
r€re¡veS such wrItten ~eport
!) Mobile Product will be removed and reinstalled In Udfe'E;-f1i l,.'pli!c..-JS at C,jS!,"ìn'l~r 5 request tor !ne service lee :f' t't1e·:; at fh~ Jlrnf> Oi Customer,:> re(1uec;:
c This Aqreemer't does nOllOclude service 01 any transmiSSion I,np ,-tnteWì;j ~o,^,er or tuwer Ilghllng ,Jnless .such work IS r1escrl.Qe¡;2 on lPì... Iron! slce of I"I'j AC'P€menl Sf>' ¡
Shari Inciude the labor 3nd parts reqUired fa repair ProduC! wlilcn hdS Oecc-n:è cetPUrve ttl'ough normal v..erir drH1 uSdge Thl~ (joes no! InriuOp conSd"T1,JDle,: ap(j theIr Instal'ên l
Service does nol !nclude [he repaIr or replacement of Product wnlcl" t';;3S L'ttlprWISf::' beC)me defectIve, Inciucj~r.g. but not !Pl'1lted to damage caused tv alCldents, pt'1.,Srcal or eh:c¡r,:,n,
abuse or miSUse, acts of GOd and fIres Service perfo¡med tor non·L.üvered re[)3irs wli¡ be Dilled al MotorOla 5 aDo"... contr;lC[ rat.,: applIcable tor sucn Service PrOd\JC! under con:,¡:.r'
must :Je maintained In envlfonmental condlflons as se' tor1h .., thø DrOdUC Spe(!flc,l!lons ]nC '1ë1.m,-tí1f> rA<J,JI!lng .rurn enVlrorfTWf'tal ::Or)dltions nC' :~()n orn~'p~; to ~11€" specI11r:at. "
,s net covered by this Agreement
J Where leJephone lines ana product are used In cOrl!unclh)n ....,in Mo:ofola Î1.1¡ntarned P~oduc' MotorOla shall na......e n(; ublg\ltion or 'esponSlbllltv It)! suen telephone " .~
nr product but will, upon request. assist the Telephone Company", 'epalflng such upon payment at the appropllate aDo,e contract rate
e Customer will indicate on the front side of this Agreement any Product whiCh IS IntllnSlcally sale so that appropllate parts and procedures may De used 10 ma,ntain Such 51a'e s
I At the end of twelve (12) months at ServIce or any lime !hl?reatter If Proouct cannot In MOIOrola S opln:on be property or economIcally' teparree oecause Oul not Ilmrtt'~ '
exceSSive wear dete"oratlon 0' unavailability 01 parts, Motorola In ItS sole option may remove suCh Product Irom this Agreement on Ihlrty 130) days prIor wlltten notice to CuSIC"'P'
senl by Cenilled mall or may Increase the pllce to Service such ProduCI on tnlfty 1301 days prior wllnen notice to Customer sent by certil,ed mad Customer has 'h'r!y 130) days "J~
receipt of notice of prIce Increase to object to such Increase Upon Customers oblectlon to such Increase. Motorola shall remove such ProduCI from this Agreement Customer s or' <::ii
lion 10 pay serVice fees with respect to Product removed from tn,s Agreement shall lerm,nate at the end of tM month" dUllng whiCh suCh PrOdue 'S ,pmOved
4. SERVICE STANDARDS. The Product will be serviced by M010rola In accordance with these standards ¡'I Motorola parts or parts Of equal qual[tv Wlli ~e used. (II) [he Pro~uC'
will be serviced at levels set forth In Motorolas product manuals and 1111) rOullne service procedures prescrIbed from time to time by Motorota lor ItS PrOduct W[II be tollowec
5. TIME AND PLACE OF SERVICE,
a Service shall be done at Ihe location specified on tnp "ont Side ot this Agreement Where Service IS 10 be performea at the location 01 the Product Customer shall lur"s"
shelter, heal. light and power at these locations Customer shall nOllly Motorola Immediately of Product failure ana allow Motorola full and free access to the P'oduct Waive' of liar, :,.,
or ot~er restflcllons shall not be Imposed as a site access requlfemenl Customer will allow Motorola to use necessary machines communications lacilltles features and oth~prõsuC
(excep! as normally supplied by Moto,olal al no charge Mobiles and removable PrOduCI shall De delivered by Customer to the Motorola ServIce Cenler ind,cated on the front ',cJ~
of this Agreement
D Hours of Service under IhlS Agreement will be Ihe normal working hours. excluding holidays of Motorolas ServIce Cenler unless otherwise ,nd,cated on the front s'c,' O'
this Agreement
6. PAYMENT/TAXES. On or about the date each payment IS due as set forth on the front side ot !h15 Agreemenl. MOlorola will send Customer an InVOice covering the ser'Jlce Ipp<
lor the next Payment Pellod All other charges shall be billed monthly, and Ihe Customer shall pay Ihe amount ot each inVOice w"hln fen 110) days of It5 dale to Motorola at Ine Me:.-oc,"
Area Office. Each tnvOlce shall be due and payable whetMr or not the Product IS operatln9. and Motorola may lermlnate IhlS Agreement by giving Customer ten 110, days not,c~ D,
certified mall " CustofTler detaults In ItS payment 10 Motorola, Customer shall reimburse Motorola for all property ta'es sales and use laxes, excise taxes, and other laxes or assessments
now or hereafter Imposed by authorIty 01 any Federal, State or local law. rule or regulat'on with respect to Ihe Service of Ihe Product except Federal Income and pro"t laxes of MOIorola
and State Income and franChIse faxes of Motorola
7, RIGHT TO SUBCONTRACT, Motorola shall have the fight to subcontract In whole or In par! th~ Service (ailed for by !hlS Agreement Molorola will nOlllv Customer 01 the nò",~
and address of each subcontractor
8. REVISION OF FEES, PrIor to an Anniversary of the Date Service Ends' Indicated on tne front sloe (;f this Agreement Motorola may ..e.....rse '''€ serv'ct:' ~et'<;, set 10r:t'
front Side of this Agreement by giving Customer wrItten notIce 01 the amount of the Increase a! leas! s"ty 1601 davs", aovance of that Anniversary date Upon 'ecelpl 0' an, ,"c"
notice Customer may termInate this Agreement on the Date Service Ends' or any Annlversarv r'¡ ! ·..;por thin'!, 1]01 Cays prior "",riPe", nO:I~e:c r-...~ot(vo a ':'.;>": D. cer1I!'ed ...,.., ':
the address ¡ndlcated In thIS Agreement. otl1erlhlse the new fees shall become effective on the An¡],\¡t~rsarv (JÇ¡t.! J" ttH'? e'-err 'J! SLich Termination all a'::Crl-t"C ar.: unOa.ù 0":,' :,:~r,
shall be due and payable Immedlalely upon termination
9, AUTOMATIC RENEWAL, Afte, the' Date Service Ends' Indicated on the Iront side ot this Aor"ement !hlS Aqrecmp,,! sna'l conllnlJe for succeSSive aiJd'I,ona: peflodS 0' "..
year. p,ovlded Ihat either Motorola or Customer may terminate this Agreement on Ihe 'Oatp Sprv,ce Enr.s ,y a.nl; Annlver-.;a.r.. 0· d upon 1h'rt'.¡ 1301 da'tS p~i,,;r ,^'!l1en notice ~:: ''"'...
other party sent by certil[ed mail to the address Indicated In this Agreement
to, INTERRUPTION OF SERVICE. Customer shall nOl[fy the servIcing agency In the evenl 01 tn.. !""'J1~ U! J", ProdlJc: t :"'t> servc·nq agenct tall';, '0 repa,' :l'ìe PraCuel '^ 'h
a reasonable time Customer shall notIfy the Motorola Area Of lice After said notice from Custom", 'oJ 'he SèrvIClcg aqenc\ ¡":~ t,=, 'he f\,,1010rola Are~1 OILee Mo!orOla sha'l b'" itl'.;·
for any Inlerruptlon or Interference affecting Ihe use or 1ransmlSSlOn through the Product r>1alntalfli?C.1 io the Axienl 01 a pre '<1~2 ðl'Dwance based Qrì ~he mc"~hl,' service tee !c' '~F':-
time such InterruptIon or Interference IS attributable to the fault of Motorola or Its subcontractor MO'orOId doe':) not assume ana s~~li nave no Ilabilily under IhlS Agreement tor fa '1'~
to provide or delay In P'Ovld[ng service for the Product due directly or Indirectly to causes DeyfJnd the conlrOI 01 Motorola ",ci'"G'ng Dut not restricted 10. acts o! God acts c' .""
public enemy, acts of the United States. any State. Ter"tory of the United Slates, or any political suDd,vlslon of Ihe 10regOlng r:;r :he O'Stllct of Columbia. acts of failure to act o. 'he
Customer, Its agents, employees or subcontractors, fires. floods, epidemiCS, quarantine restllctlons stfl.es, freight "mpargoes ,3nd unusually severe weathe' conditions or defac!ts
of Motorola subcontractors due to any such causes.
II. WARRANTY LIMITATIONS. EXCEPT AS SPECIFIED IN THIS AGREEMENT, MOTOROLA DISCLAIMS All WARRANTIES. EXPRESS OR IMPLIED. INCLUDING. WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABilITY AND FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT SHAll MOTOROLA BE LIABLE FOR INCIDENTAL
OR CONSEOUENTIAl DAMAGES TO THE FUll EXTENT SUCH MAY BE DISCLAIMED BY LAW,
12. FCC AND OTHER GOVERNMENT MATTERS. Although Motorola may assist In preparation of the FCC license applicallon, Customer IS solely responSible fo, obtaining any
licenses or other authorizations reqUired by the Federal CommunicatIons CommiSSIon ("FCC") or any other Federal State or Local governmenfal agency Customer IS solely respens
ble lor complYing with applicable FCC rules and regulations and the app/lcable rules and regulations of any other Federal State or Local governmental agency Nelt~er MotorOI' cc'
any of ItS employees IS an agent 01 Customer In FCC or other governmental mailers Motorola. howeve' may assist In preparation of :'1e FCC license aDPllcatlon aT no cn"rge!o Customel
13. ENTIRE AGREEMENT. Customer acknowledges that It has read and understands the terms and cond'/,ons of the Agreement and agrees to De Doun.: b, [~em that I: 'S .....,c.
complete and conclusive statement of the agreement between the parties and that Ihls Agreement sets lorth the enllfe agreement and underSlandlng between thp parties rela' "G
!O the subJect matter hereof and all understandings and agreements. oral and wllllen, herelolore made Detween MotorOla and Customer are merged 10 this Aoreement wn'ch an""
fully and completely expresses their agreement
14, AMENDMENT. No medlllcallon 01 Or additions to this Agreement shall be blndlOg upon Motoro'a "nlpss SuCh mOdification '5" wr'!lng and signed by an Area Sprvlce Mar';;:,"
a' Motorola and an authorIzed agent of Customer
15. VALIDITY. If any term 0' provIsion of this Agreemenl shall to any extent be held Dy d COurt or otnpr !""end' 'n (7,. ,"vallC "'Old or unpnfo~ceJ.b¡e the"~ '~,lT '~rm Gt prn'.'
Shall be Inoperative and vOid Insofar as It IS In conflict Wllh law, but the remaining terms and prOVISIÜ'lS Stì.?ll! nevér:t;eiP,:>S c(_,nill!~,H':> i'"' turllurCe dnn etfec~ and !!"~ r!ç'""" ,-i'lC C"~lrGa'
of the partIes shall be construed and enforced as If thIs Aqreement did not contaIn the Pdrtlcular ¡pun or prOI"S'Qr, ht~rd I,') :::Ie '''val'd . 01(1 or ---,n~'ì'crCeab .:.
16. HEADINGS, Sf!'6tlon and paragraph headIngs used In IhlS Agreement are tor convenIence only dnd are .....O~ !(I lìt_, l~€'eme(~ :..,r tJ.'ns:rul'~~ :[, bp pan '~.' ~r¡,S Agree"""er'
17. lAW. THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF ILLINOIS.
18, ASSIGNMENT. No assIgnment or transfer In wnole or In pan. 01 !hlS Agreement shall t)è b·~1(1Inq upon ~.~otorolé] wltnlJl;! Irs orlor wrllle'" '=.)f1"'~n:
19. WAIVER. Fafjure or delay on the part of Motorola or Customer tl) exerCIse any right, power ljr {H,vdeqe unGer tlils Agreemen: shall not O(Jerr¡1f- as t1 '^d.v€,r 0. any r'orl( p,',.'.~
); prl\;dege of thIs Agreement
20. TIME TO SUE. Except for money due upon an open account. no action shall be brought for any breach of this Agreement more than two 12~ years after 't1e
accrual of such cause of action except where a shoner limitation penod IS provided by applicable law
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M E M 0 RAN DUM
TOI Robert A. Barcinski, Acting City Manager:
THROUGH I John W. Elliott, Jr., Assistant City Manager/
ManageMent Services
FROM I Ted Glas, Purchasing Director :!fff
DATEI May 2, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 8, 1990 - BID AWARD - BID .90-38
~eI~B_~eI~_~~!~~§Iº~§_=_ǺY~!BX_çLYI_eçB~§
Iì.~_lg!gL._Çiì~_CQ~~1~.iQD~
The City COMMission is requested to award contract to low
bidder, A.O.B. Underground, Inc., at a cost of $59,220.
Per the Budget Director, funding is froM'~~~~fé~~{~ÆfJ£_
( j,JJ¡tJ.d.z_.t4'LbL..P.JI.i/¡Jf-::._.t'..P!f.~-f-.lJL/¿fk~£._- ). Y A 5/.1/ rt>
a.~kg.r:g~Dg.1
Scope of workl
Furnish all labor, Materials, and equipMent for installation
of approxiMately 2000 lineal feet of 8" ductile iron pipe
water Main along Country Club Acres in Delray B.ach,
Florida.
Bids for this project were received on May 2, 1990 froM
twelve (12 ) contractors, all in accordance with City
purchasing procedures. (Bid .90-38. DocuMentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
The low bid was subMitted by A.O.B. Underground, Inc. at a
cost of '$59,220. Engineering's estiMate for this work is
'$90,175.
B.~goo.m~.tigD.!
Staff recoMMends award to the low bidder, A.O.B.
Underground, Inc. , for the total aMount of $59,220. per the
unit prices and estiMated quantities. Funding as outlined
above.
e1ì.~b~.D1.J.
Tabulation of Bids
ReCOMMendation froM City Engineer
pc Gates Castle
3~C,
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TAB U l A T ION o F BID S
BID f 90-38
MAY 02, 1990 WATER MAIN EXTENSION
VENDOR Telcon Site Tech A.O.B. Under- Center Line
THM .' , Utilities Canst.
1. FurnIsh and Install 21. 25/ 12.55 / 11. 60 / 16.40 I
8' DuctIle Iron PIpe 42,500.00 25,100.00 23,160.00 32,800.00
2 QOO-1,).
2. FurnIsh and Install 2255.00 / 2305.00 / 1500.00 / 2907.00 I
12 x 8 Tapping Sleeve 2255.00 2305.00 1500.00 2907.00
1- Lu~h
2a FurnIsh and Install 1917.00 I 1276.00 / 1470.00 / 2392.00 /
8 x 8 Tapping Sleeve 1917.00 1276.00 1470.00 2392.00
1 each - .
1-
3, FurnIsh and Install 591.00 / 367.00 / 450.00 / 476.00 /
8" Gate Va lves 2955.00 1835.00 2250.00 2380.00
- Luch
4. FurnIsh and Install 1520.00 / 1250.00 / 111 0 . 00 / 1543.00 /
Fire Hydrants Assembly 6080.00 5,000.00 4440.00 6172.00
-- L~ach
5, Furnish and Install 780.00 / 308.00 I 300.00 265.00 I
Single Water Services 4680.00 1848.00 1800.00 1590.00
6 each
Sa FurnIsh and Install 1075.00 / 376.00 I 325.00 I 421.00 /
Double Water ServIces 26875.00 9400.00 8125.00 10525.00
25 each - -
6, Furnish and Install 260.00 / 40.00 I 250.00 / 141. 00 /
Sampling POInts 780.00 120.00 750.00 423.00
3 each
70 FIttIngs and 2.00 I .95 I .10 / 1.70 /
Miscellaneous 3000.00 1425.00 150.00 2550.00
I 500 lb,
80 Bltullnous Pavement 19.00 I 15.00 / 15.00 / 42.15 /
Replacellent 2850.00 2250.00 2250.00 6322.50
150 S,y,
90 FurnIsh and Install 3.90 / 1.00 / 3.00 / 1. 50 /
Grass Sod 1950.00 500.00 1500.00 750.00
500 SoY,
100 Replace and RepaIr 3.25 / 3.00 / 1.00 / 3.05 /
Sprinklers 975.00 900.00 300.00 915.00
- lQQJ.. F.
11. Replace ana RepaIr 2.50 / 2.50 / 2.00 I 1.95 /
Concrete DrIveway 4250.00 4250.00 3400.00 3315.00
- J.l.7OliE.
Ila Replace and RepaIr .65 / 1.25 / 5.00 / 1.20 /
Crushed Stone DrIveway 520.00 1000.00 4000.00 960.00
- ªQO S.F.
lIb Replace and Repalr 2.50 / 1.75 / 1.35 / 4.30 /
Asphalt Driveway 6250.00 4375.00 3375.00 10750.00
- l.JQQ.j 0 F ,
IIc Replace and RepaIr 6.00 / 4.00 / 3.00 / 6.30 I
BrIck DrIVeway 1500.00 1000.00 750.00 1575.00
1- f~Q_â..L.
TOTA.. BID PRICE $109,337.00 $62,584.00 $59,220.00 $86,326.50
COMMENTS/EXCEPTIONS:
Page 1
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T A 8 U L A T ION o F 8 IDS
8 I 0 . 90-38
MAY 02, 1990 WATER MAIN EXTENSION
VENDOR Madsen/Barr Wenger Exc. Johnson & Dayis RegIa
inFN ,.
1. Furnlsh and Install 20.90 / 31. 00 / 15.50 / 20.00 /
8' Ductlle Iron Pipe 41,800 62,000.00 31000.00 40000.00
-- ~QQO u,
2. FurnIsh and Install 3506.80 / 1500.00 / 1800.00 / 2850.00
12 x 8 TapDlng Sleeve 3506.80 1500.00 1800.00 2850.00
- L~ach
2a Furnish and Install 3119.60 / 1000.00 / 1525.00 / 2,500.00 /
8 x 8 TapPlng Sleeve 3119.60 1000.00 1525.00 2,500.00
Lea~h -
1- -
3, FurnIsh and Install 508.40 / 350.00 / 435.00 / 550.00 /
8' Gate Valves 2542.00 1750.00 2175.00 2750.00
- L~ªçh
4. Furnlsh and Install 1770.70 / 1500.00 / 11 00. 00 / 1900.00 /
FIre Hydrants Assembly 7082.80 6000.00 4400.00 7600.00
-- Luch
5. FurnIsh and Install 360.60 / 150.00 / 340.00 / 950.00/
Single Water Services 2163.60 900.00 204Q.00 5700.00
6 each
Sa Furnlsh and Install 542.60 / 200.00 / 340.00 / 700.00 /
Double Water ServIces 13,565.00 5000.00 8500.00 17,500.00
25 each
6, Furnlsh and Instal! 304.60 / 100.00 / -
75.00 / 100.00 /
Salllpling POlnts 913.80 300.00 225.00 300.00
- j_ea~h 1.00 /
7. Fittlngs and 2.40 / 1.00 / 2.00 /
Mlscel1aneous 3600.00 1500.00 1500.00 3000.00
1 500 lb.
a. Bituminous Pavement 35.70 / 20.00/ 21. 00 / 20.00 /
Replacement 5355.00 3000.00 3150.00 3000.00
150 S,Y,
9. Furnish and Install 3.70 / 1.00 / 2.00 / 2.25 /
Grass Sod 1850.00 500.00 1000.00 1125.00
500 S,Y.
10, Replace and RepaIr 4.20 / 5.00 / 1 . 00 / 2.00 /
Sprinklers 1260.00 1500.00 300.00 600.00
300 L,F.
It. Replace and RepaIr 2.30 / 2.00 / 3.00 I 2.10 /
Concrete Drlveway 3910.00 3400.00 5100.00 3570.00
1.7 0 O_â.:.F '
Ila Replace and RepaIr 1.10 / 1.00 I .40 / .56 /
Crushed Stone Drlveway 880.00 800.00 320.00 448.00
800 S,F.
lIb Replace and ReDalr 1. 70 / 2.00 / 2.30 / 2.00 /
Asphalt Driveway 4250.00 5000.00 5750.00 5000.00
2 5QO S.F,
Ilc Replace and RepaIr 4.60 / 1.00 / 3.40 / 5.00 /
BrIck {)rmway 1150.00 250.00 850.00 1250.00
- 150_â,F.
TOTA"" BID PRICE $96,948.60 $94,400.00 $69,635.00 97,193.00
COMMENTS/EXCEPTIONS:
Page 2
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TAB U l A T ION o F B I Q S
B I Q t 90-38
MAY 02 1990 WATER MAIN EXTENSION
VENDOR ARZ Builders Ocean Bay Smith Brothers P.E.T.
m~ S· Underground
1, FurnIsh and Install 12.50 / 21. 24 / 14.95 / 17.58 /
S· DuctIle Iron Pipe 25.000.00 42,480.00 29,900.00 35160.00
-- LOOO l.:.E.
2. furnIsh and Install 3500.00 / 1615.00 / 2100.00 / 2336.00/
12 x S Tapping Sleeve 3500.00 1615.00 2100.00 2336.00
1- Luch
2a FurnIsh and Install 2100.00 / 1289.00 / 1650.00 / 2006.00
S x S Tapping Sleeve 2100.00 1289.00 1650.00 2006.00
1 each - -
:- - -
3. Furnish and Insta)l 450.00 / 467.00 / 575.00 / 378.00 /
S' Gate Valves 2250.00 2335.00 2875.00 1890.00
-- LUçh
4. Furnlsh and Instal1 1700.00 / 1413.00 / 1500.00 / 2101.00 /
Flre Hydrants Assembly 6800.00 5652.00 6000.00 8404.00
- L~ach
5. Furnish and Instal) 250.00 / 233.00 / 225.00 / 306.00 /
SIngle Water Services 1500.00 1398.00 1350.00 1836.00
6 each
Sa Furnlsh and Instal) 350.00 / 375.00 / 264.00 / 412.00/
Double Water Services 8750.00 9375.00 6600.00 10300.00
25 each
6, Furnlsh and Install 155.00 / 100.00 / 180.00 / 185.00 /
SamplIng POlnts 465.00 300.00 540.00 555.00
- l_!ªçh
7, Flttings and 1.06 / 2.00 / 1.98 / .83 /
Miscellaneous 1590.00 3000.00 2970.00 1245.00
I 500 lb,
S. Bitullnous Pavement 8.50 / 13.64 / 19.20 / 42.84 /
Replacement 1275.00 2046.00 2580.00 6426.00
150 S.y,
9. FurnIsh and Install 1.25 / 2.00 / 1. 70 / 1.51 /
Grass Sod 625.00 1000.00 850.00 755.00
500 S,Y.
10. Replace and RepaIr 1.50 / 2.00 / 2.40 / 1.78 /
Sprinklers 450.00 600.00 720.00 534.00
1- ~Qº-LF , 4.47 /
I!. Reo1ace and Reoalr 4.50 / 2.00 / 5.50 /
Concrete DrIveway 7650.00 3400.00 9350.00 7599.00
1 700 S.F.
11a Replace and RepaIr 3.00 / .50 / .65 / 1.67 I
Crushed Stone Driveway 2400.00 400.00 520.00 1336.00
- ªOO S,F,
11 b Reolace and RepaIr 5.00 / 1.44 / 1.50 / 3.08 /
Asphalt Driveway 12500.00 3600.00 3750.00 7700.00
1- Z.JQO S,F.
11c Replace and Repair 7.00 / 2.00 / 4.50 / 3.36 /
Br I ck Qr 1Veway 1750.00 500.00 1125.00 840.00
- Z~º-§ . F .
TOTA... BID PRICE $78,605.00 $78,990.00 $73,180.00 $88,922.00
COMMENTS/EXCEPTIONS:
Page 3
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EtlGIMEEEING~EPAHTMENT
M E M 0 RAN DUM
TO: TED GLASS
PURCHASING DIRECTOR
FROM: \9~ GEORGE ABOU-JAOUDE
CHIEF DESIGN ENGINEER
- -
-- -
THRU: ~À L GATES D, CASTLE, P.E,
. ~ITY ENGINEER
DATE: MAY 2, 1990
SUBJECT: COUNTRY CLUB ACRES/WATER MAIN
EID-ºfENI~ # 90-38
We had twelve qualified bidders for the project stated
above. The cost range was as low as $ 59,220 and high as
$ 109,337.
The three lowest bidders were:
A.O,B. $ 59,220.00
Site Tech $ 62,584.00
Johnson & Davis $ 69,634.00
After verifying the proposal, we recommend A.O.B. Under-
ground for the construction of the County Club Acres Water
Main Extension.
GA-J:kt
Account #: .4.41-5162-536-61.90 Amount Available: $ 90,500.00
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M E M 0 RAN DUM
TO: Robert A. Uarcinski., Acting City Managor
- '
THROUGH: John W. Elliott., Jr.., Assi~tant City Managerl
Manage~.nt serVice~
FROM: Ted Glas., Purchasing Director ~~
DATE: M..y 1., 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MAY 8, 1990 .. PURCHASE AWARD -
çQt1eAÇ.I _.P ~Çt~.::.Ye.fºR_YIJ.b¡.IX.. ~lb'=I~~
¡t~M_a~fp[~_Çlì~_Cº~~1~~lºnA
City CON'tiss.:iOllll :i$ requested to .w..,.d cont .,....c t to Dil'\r\itt
Chevrolet rnc., for one (1) COr\pdct pickup truck, .¡t a cost 0-(
$~99".88. Per the Budget Direc..t~r, fundin~ is froM:._4r'¿~. .11/ø1-Sjl-I.øO,~tf
(_..~_:t~~~...JJ..t;..l~_~.:__~._t2~~_._._._ ).
ª,j ç:J<.QfQ'r1 ml,;
An approved requisition ha!> been received frOM the Finance
D@partMent for one (1) cOr\pact pick-up truck.
A Chevrolet S-tO pick-up truck is available via Flor;da State
Cont ract., at a cost 0-( $8,994.88., per attach~d work shp.et.
~9.ç: º"~Qmt~ ì ~ QIH.
St~ff recol'\r\ends award of this purchct...e to DiMMitt Chevrolet.
rnc. ., at a total d~liver.d cost of $8,994.88., via Florida State
Cont ract. Funding as stated above.
é~iiu:;;hl!)~n!':i ;,
MeMo froM Finance DepartMent
DocuMentation on State Contract
pc David Huddllfston
Jan WilliaMs
3~Þ
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ÇQt'tR~Çt. e;"ç!1:-.UtL:r!]Jkls... '<'4x~1
State Contrdct .O70-001~90-1
Cont rdctor: Di~Mitt ChevrOlet, Inc.
(;hpvrolet 8-10
Bd!5e '8,127.63
Air Conditíonin~ 641.75
Power Steering 225.50
.-..-......-.-..-..---.. ..---
Totcll Co<st $ 8,994.88
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M E M 0 RAN DUM
TO: Malcolm Bird
Interim City Manager
FROM: ði) David M. Huddleston
Director of Finance ,
=.'
SUBJECT: Fiscal Year 1989-90 Vehicle Purchase for Utility Billing
DATE: January 25. 1990
Attached is Requisition Number R63422 for the purchase of one compact 4 x 2
pick-up truck as requested and approved in our 1989-90 budget. This vehicle
was requested to replace Vehicle Number 222 at the recommendation of the City
Garage (see attached). Since that time. Vehicle Number 223's condition has
worsened and is requiring frequent maintenance and Vehicle Number 225 has a
transmission problem.
The division is almost constantly operating with one truck in the Garage for
various repairs and/or maintenance and the purchase of a new truck would
greatly enhance operations by increasing productivity and efficiency.
The required information on the vehicle being replaced (Vehicle Number 223)
is as follows:
1. Odometer Reading: 60.293
2. Make/Model 1983 Ford Ranger
3. Maintenance Cost (for this vehicle
for fiscal year 1988-89): $2.045.57
4. Overall Condition: Poor
Vehicle Number 223 is being replaced instead of Vehicle Number 222 as at
this point in time its condition is worse than that of Vehicle Number 222.
/sam
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