09-11-90 Regular
.
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 11, 1990 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet loca~ed on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you will
not be precluded for addressing the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with
record keeping. Therefore, when you come up to the podium to make
your comments, kindly complete the sign-in sheet if you have not
already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step
up to the podium and state, for the record, your name and address.
All comments will be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or
who becomes boisterous while addressing the Commission shall be barred
from speaking further to the Commission by the presiding officer,
unless permission to continue or again address the Commission is
granted by majority vote of the Commission members present.
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Agenda
Meeting of 9/11/90
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Rol.l. Cal.l..
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regul.ar Meeting minutes of August 28, 1990.
6. Proclamations:
A. World Food Day- October 16, 1990
B. Constitution Week- September 17 through 23, 1990.
7. Presentations:
Mike O'Brien, Waste Management Presentation of Park Benches made
from Recyclable Materials.
8. Consent Agenda:
A. CONTRACT AMENDMENT- BLS SERVICES: Removed from the agenda.
B. ACCEPTANCE OF LETTER OF CREDIT: Accept letter of credit from
National Cable, Limited, in lieu of a performance bond, in
satisfaction of the requirements of the franchise agreement. City
Manager recommends approval.
C. REQUEST FOR FINAL PAYMENT: Approve final payment to Southern
Pipeline, Inc. in the amount of $19,343.90 for the installation of
310 feet of eight inch PVC sanitary sewer lines with manholes on
N.W. 7th Street with funding from Water and Sewer/Sewer Systems,
Mains and Lines (Account No. 441-5161-536-60.66). City Manager
recommends approval.
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Agenda
Meeting of 9/11/90
D. ACCEPTANCE OF QUIT CLAIM DEED: Accept a quit claim deed from
the Palm Beach County School Board for the west half of the S.W.
4th Avenue right-of-way adjacent to Pine Grove Elementary School.
City Manager recommends approval.
E. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from
Fronrath Used Cars for extension of a water main and relocation of
a fire hydrant. City Manager recommends approval.
F. FINAL PLAT APPROVAL: Approve final plat for the replat of
Linton Lakes. City Manager and Planning and Zoning Board
recommend approval.
G. RESOLUTION NO. 79-90: A Resolution assessing costs for
vi abatement action required to demolish an unsafe structure at 625
Douglas Avenue. City Manager recommends approval.
H. RESOLUTION NO. 80-90: A Resolution assessing costs for
yI abatement action required to board up an unsafe structure at 1119
N.W. 1st Street. City Manager recommends approval.
1. RESOLUTION NO. 81-90: A Resolution assessing costs for
vi abatement action required to board up an unsafe structure at 304
S. Swinton Avenue. City Manager recommends approval.
J. RESOLUTION NO. 82-90: A Resolution assessing costs for
vi abatement action required to demolish an unsafe structure at 215
S.W. 4th Avenue. City Manager recommends approval.
K. RESOLUTION NO. 83-90: A Resolution assessing costs for
vi abatement action required to remove nuisances on 45 properties
throughout the City. City Manager recommends approval.
L. AWARD OF BIDS AND CONTRACTS:
1. Chemicals and Fertilizers- Annual Contract- Various Bidders
in the estimated amount of $80,500 with funding from Parks and
Recreation Gardening Supplies (Account No. 001-4131-572-35.54)
and Golf Course Gardening Supplies (Account No.
445-4511-572-35.54). City Manager recommends approval.
2. Rental Rehab program- 137-139 N.W. 13th Avenue- Abisset
Corp. in the amount of $29,688 with funding from Rental Rehab
(Account No. 118-1975-554-33.19) . City Manager recommends
approval.
3. Sixteen Inch Ductile Iron Pipe- Intracoastal Subaqueous
Crossing Project- American Cast Iron Pipe Company in the amount
of $58,243.50 with funding from Intracoastal Crossing
Construction (Account No. 441-5181-536-69.04). City Manager
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Agenda
Meeting of 9/11/90
recommends approval.
9 . Regular Agenda:
A. EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL: Consider
request for extension of conditional use and site plan approval
for the Isle of Delray SAD (Special Activities District).
Planning and Zoning Board recommends approval (4-1 vote).
B. FINAL PLAT APPROVAL: Approve final plat for Nassau Point
Townhomes, a proposed four unit (two duplex) townhome development
to be located at the southwest corner of Nassau Street and A-l-A
(Ocean Boulevard). City Manager and Planning and Zoning Board
recommend approval.
C. REQUEST FOR WAIVER OF A NUISANCE ABATEMENT LIEN: Consider
request from FEN Investments for waiver of a nuisance abatement
lien in the amount of $535. City Manager recommends approval.
. D. RESOLUTION NO. 84-90: A Resolution urging the Florida
v Department of Environmental Regulation and the Palm Beach County
Department of Environmental Resource Management to approve the
necessary permits for William Swaim and Associates to develop the
Anchorage (formerly Yakel property. City Manager recommends
approval.
vi E. RESOLUTION NO. 85-90: A Resolution supporting the development
plan prepared by William Swaim and Associates, Inc. to develop a
neighborhood nature preserve on County owned property south of the
(former) Yake property. City Manager recommends approval.
vi F. RESOLUTION NO. 87-90: A Resolution authorizing the Community
Redevelopment Authority to purchase property located at 422 W.
Atlantic Avenue. City Manager recommends approval.
G. SETTLEMENT OFFER: Consider a settlement offer in the amount
of $38,963.36 to avert litigation regarding ATT's over payment of
Municipal Telecommunications Taxes. City Attorney's
recommendation will be forthcoming.
H. ACCEPTANCE OF SETTLEMENT OFFER: Accept settlement offer in
the amount of $75,000 from Aetna Casualty and Surety Company of
Illinois to settle the City's claim regarding installation of
water and sewer connections at the Linton Promenade. City
Attorney recommends approval.
I. PROPOSED FEE REDUCTION: Consider a proposed reduction to the
fee charged for Adult Team Sports (softball, basketball, flag
football, etc.). City Manager recommends approval.
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Agenda
Meeting of 9/11/90
J. PROPOSED FEE INCREASE: Consider a request from
Prearrangements of Delray, Inc. to increase the retail cost of
cemetery vaults from $550 to $650 to offset an increase by the
wholesaler. City Manager recommends approval.
K. TERMINATION OF CONTRACT AND AWARD OF NEW CONTRACT: Terminate
contract with Axiom Commercial Cutters for landscape maintenance
and award new contract to Tony Scott Complete Lawn Maintenance in
the amount of $38,175 for landscape maintenance service for 1-95
to W. Atlantic Avenue, 1-95 to Linton Boulevard, and E. Linton
from 1-95 to A-1-A with funding from Beautification Maintenance
(Account No. 119-4144-572-33.49) . City Manager recommends
approval.
L. REQUEST FOR PAYMENT: Consider a request from SAS Signal
Systems, Inc. (formerly GEN Signal Systems) for payment in the
amount of $28,963 for installation of a traffic signal at the
north entrance of the Cedarwood Companies on Congress Avenue in
the Delray Park of Commerce. City Manager recommends approval.
M. APPOINTMENT OF A MEMBER TO THE NEIGHBORHOODS TASK TEAM:
./ Mayor's appointment of a member to fill Dr. Barrett's position on
the Neighborhoods Task Team.
N. APPOINTMENT OF AN ALTERNATE TO THE BOARD OF ADJUSTMENT:
Appoint an alternate member to the Board of Adjustment to a one
year term. Seat 2 appointment.
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O. ORDINANCE NO. 26-90: An Ordinance amending the Code of
~- Ordinances to provide for updated landscape regulations. City
Manager recommends approval. *(Note: Public Hearing held
8/14/90).
/ P. ORDINANCE NO. 28-90: An Ordinance amending the Zoning Code to
provide for the creation of an Old School Square Historic Arts
District (OSSHAD) . Planning and Zoning Board recommends approval.
*(Note: Public Hearing held 8/14/90).
Q. ORDINANCE NO. 29-90: An Ordinance amending the Code of
Ordinances by enacting new subsections "Single Purpose Specialty
Retail Sales" and "Specialty Food Stores". *(Note: Public Hearing
held 8/14/90).
R. ORDINANCE NO. 30-90: An Ordinance rezoning and placing land
presently zoned RO (Residential Office) District, in part; GC
(General Commercial) District, in part; RM-6 (Multiple Family
Dwelling) District, in part; RM-10 (Multiple Family Dwelling)
District, in part; and CBD (Central Business District), in partj
in the Old School Square Historic Arts District (OSSHAD) .
Planning and Zoning Board recommends approval. *(Note: Public
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Agenda
Meeting of 9/11/90
Hearing held 8/14/90).
10. Public Hearinqs:
A. SOLUTION NO. 88-90: A Resolution to levy a tentative tax
0 all properties within the City of Delray Beach. City Manager
ecommends approval.
B. RESOLUTION NO. 89-90: A Resolution making tentative
~propriations of sums of money for all necessary expenditures of
the City from October 1, 1990 to September 30, 1991. City Manager
recommends approval.
C. ORDINANCE NO. 39-90: An Ordinance amending the SAD (Special
~ctivities District) for the Gulfstream Building located on the
north side of George Bush Boulevard (N.E. 8th Street), east of the
Intracoastal Waterway to provide for modified conditional uses.
Planning and Zoning Board recommends approval.
~D. REQUEST FOR WAIVER TO THE CITY CODE: Conduct public hearing
on request for waiver to the Sign Code to permit a second free
standing 17 foot sign with a 62 foot sign cabinet at the Saturn
Dealership located at 2800 South Federal Highway. Community
Appearance Board recommends approval. Staff recommends denial.
~E. ORDINANCE NO. 40-90: An Ordinance amending the Code of
Ordinances by enacting a new section "Annexation, Unbilled
Properties, Remedial Provisions" to provide for billing of annexed
properties and previously unbilled properties receiving refuse
collection services from Waste Management Inc. City Manager
recommends approval.
vi F. EMERGENCY ORDINANCE NO. 43-90: An Emergency Ordinance
amending the Code of Ordinances by repealing Section 171.15
"Creation of Planning and Zoning Board" , Section 171.17,
"Appointment and Term; Officers; Meetings", and Section 171.18,
"Removal of Member; Vacancies", by enacting a new Section 171.10
"Interim Planning and Zoning Board" to provide for the creation of
an interim Planning and Zoning Board.
vlG. EMERGENCY ORDINANCE NO. 44-90: An Emergency Ordinance
amending the Code of Ordinances by repealing Subsections 173.916
(A) and (B) by enacting new Subsections (A) and (B) to provide for
the creation of an interim Board of Adjustment.
H. EMERGENCY ORDINANCE NO. 45-90: An Emergency Ordinance
/' amending the Code of Ordinances by repealing Section 152.35,
"Establishment" and Section 152.37, "Organization" by enacting
Section 156.30 to provide for the creation of a an interim
Community Appearance Board.
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Agenda
Meeting of 9/11/90
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
12. First Readings:
A. ORDINANCE NO. 41-90: An Ordinance amending the Code of
Ordinances by reducing the fee for sanitation pickup for
residential customers and increasing the fee for sanitation pickup
for commercial customers throughout the City. If passed public
hearing September 25th.
B. ORDINANCE NO. 42-90: An Ordinance amending the Code of
Ordinances by repealing Section 92.33, "Dockage Rates" and
enacting a new Section 92.33, "Dockage Rates" to provide for the
establishment of a "single rate" for Marina dockage. If passed
public hearing September 25th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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[ITY DF DELAAY BEA[H
~: ,:<"..~. d ~C;"i ;:;LC<hl~~ 3J44.:1 40724:J- 7000
September 18, 1990
Carol Elmquist, Chairman
Board of County Commissioners
Governmental Complex
301 N. Olive Ave.
West Palm Beach, FL 33401
Dear Commissioner Elmquist:
As adopted by the City Commission on
September 11, 1990, attached is a copy of
Resolution No. 85-90, supporting the plan
prepared by William Swaim and Associates,
Incorporated, to develop a neighborhood
nature preserve located in the City of Delray
Beach.
Very truly yours,
CITY OF DEL RAY BEACH
Alison MacGregor Harty
City Clerk
AMH:csh
Ene.
" -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tlI-v/
SUBJECT: AGENDA ITEM # 9'[; - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 85-90
DATE: September 6, 1990
This item is a Resolution supporting the plan prepared by William
Swaim and Associates, Inc. to develop a neighborhood nature preserve
on County-owned property within the City and urging Palm Beach County
and other governmental agencies to approve the plan to develop the
preserve.
As part of the development plan for "The Anchorage", the petitioner
proposes to make improvements to County owned property to the south by
developing a nature preserve in order to mitigate the diminishing of
part of this environmentally sensitive area. The subject property is
under a covenant, administered through the Nature Conservancy, which
requires perpetual use of the property as a nature preserve.
The proposed improvements include removal of exotic plant species,
development of a tidal basin, and the construction of a gazebo, bridge
and viewing deck. The area will be fenced off and an asphalt path
installed for access to the gazebo/viewing deck. These improvements
are consistent with the Comprehensive Plan and Future Land Use Map.
This resolution seeks support of the concept plan for the nature
preserve, only. Should the necessary approvals be grant from Palm
Beach County and other governmental entities, the petitioner would
still be required to submit a formal application for development
approval which requires review and approval by the City.
Recommend approval of Resolution No. 85-90.
.
RESOLUTION NO. 85-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, SUPPORTING THE PLAN PREPARED BY WILLIAM
SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP A
NEIGHBORHOOD NATURE PRESERVE LOCATED IN THE CITY OF
DELRAY BEACH; URGING PALM BEACH COUNTY AND OTHER
GOVERNMENTAL AGENCIES TO APPROVE THE PLANS OF WILLIAM
SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP SAID
NEIGHBORHOOD NATURE PRESERVE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, William Swaim and Associates, Incorporated, ("Swaim")
plans to develop land located in the City of Delray Beach, more
particularly described in Exhibit "A" attached hereto ("Swaim Site");
and,
WHEREAS, Palm Beach County owns property adjacent to the Swaim
Si te, which property is subject to deed restrictions in favor of the
Nature Conservancy, and which property is more particularly described in
Exhibit "B" attached hereto ("Preserve Property"); and,
WHEREAS, a neighborhood nature preserve on the Preserve
Property would be available to the citizens of Delray Beach and the
citizens of Palm Beach County; and,
WHEREAS, Swaim has offered to develop the Preserve Property as
a neighborhood nature preserve subject to certain conditions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby supports Swaim's plans
to develop the Preserve Property as a neighborhood nature preserve in
substantial conformity with the conceptual plan attached hereto as
Exhibit "C".
Section 2. The City Commission acknowledges that Swaim must
receive approval from the Nature Conservancy, the Florida Department of
Environmental Regulation, the Palm Beach County Department of
Environmental Resource Management, the Palm Beach County Parks and
Recreation Department, the Florida Inland Navigation District, the U.S.
Army Corps of Engineers and other governmental agencies in order to
develop the Preserve Property as a neighborhood nature preserve. The
Ci ty Commission further acknowledges that development of the Preserve
Property as a neighborhood nature preserve would occur as part of
Swaim's plans to develop the Swaim Site.
Section 3. The City Commission hereby urges Palm Beach County
and other applicable governmental agencies to approve Swaim's plans to
develop the Preserve Property as a neighborhood nature preserve in
substantial conformity with the conceptual plan attached hereto as
Exhibit "C". The City Commission hereby agrees to cooperate with Swaim
to obtain the required governmental approvals to develop the Preserve
Property as a neighborhood nature preserve.
Section 4. The City Clerk is hereby authorized to send a copy
of this Resolution to the Chairman of the Palm Beach County Commission.
Section 5. This Resolution shall take effect immediately upon
its passage.
PASSED AND ADOPTED in regular session on this the day
of . , 1990.
MAY 0 R
ATTEST:
City Clerk
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Ihl.s f!Jlllt- aim j)~ed, EMulcd II./J 13th day Qf . February ,A_ D_ IQ 7 G . hy
I TIlE: NATURE COMSERVANC't. nnon-profit corporation uf the District of Cclum~~il, with, n
office at 4285 Memorial Drive, Decatur, Georgia 30032
.fjrsl parly. 10
PALM BEACH COUNTY, to be administered by the Parks and Recreation Department
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CD . scc-oncl party:
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CD 'Witnesseth, TI,ol 11,0 Jolt! {Irsl pllrly, for lint! In conJlel"oIlQ" of d,o JUm of S 1.00
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100JO 0"'/ qull.dolm unto 11,0 Jolel ,"cond I'orly forever. au 11,0 rlnlll. lII[e. I,,/orosl. dolm on,/ .Iomo"'! wldel,
fD iI,o Jold fl,,' porly 1'0' In ond 10 "'0 (oI/owino doser/hed 101. ploco or parcel of 10rld. slfua'~. lyirla and holna
~ I.. 1"0 Counly 0' Pnlm Beach S/olo of Florida .Io-wll:
All of ~ota n, C, D. anJ E, all being in Kenmont a subdIvisIon i~ Pall ~~ach County
FlorIda, acccrding to the plat thercof on file in the office of th~ L .rk of :he Ci cult
Court in and for Palm Beach County, Florida, recorded in Plat Book 20, r. 'fle 6~, tOgl ther.
with uny riparian and/or littoral rights pertaining thereto.
This conveya"ce is made subject to the express coridition nnd limitation that the prlm~ ~s
h~rcin conveyed ahall forever be held as a nature preserve, for scientific, educati
nnd sesthetic purposcs and shall be kept entirely in their natural state, without a
disturbance whatever of habitat or plant or animal population, excepting the mainte
of such fences and foot trails as may be appropriate to effectuate the foregoing pu
without impairing the esacntinl natural character of the pre~ises. Should the prem
cease to be used solely ao provided herein, then the cstate hereby grsnted to Pslrn och
County may be terminated b~- The Nature Conservancy under a power of termination in t.e
~ n~ture of a riRht of entry for condition broken or exectory interest. which right, f
", exercised by The Nature Conservancy upon violation of the above conditions, is exer ised
0 b~ mailing n notice of violntion by certified mail to the Grantee, its successors 0
0 assigns. Snid notice shall declare that the p,-wer J~ terminntion hus been exercise and
~ shall state th" breach ~Iich cauaed the action. A copy of the notice. s:la11 1)lmulta ously
() bb recorded o~ the appropriate land records.
Ll As part consideration for this deed and by acceptance thereof, the Grnntee agrees t
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1- erect and mnintoil1 a permanent plaque or other appropr-iate marker nt n prominent lac tion
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:;11 on ~he nbovc dcscribed prem1fle:l bearing the following statement: "This nrea waa acq ired
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STAn OF PJ~x V'tRGIllIA } Richard ~. Trnurig, AS8~S r~tary
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COliNTY OF ARLINGTON
I IIERF.IlY CERTIFY ,h>l on i. day, heft", me, an
.I officrr duly authurlnll in the Sta'e ..roru.,J anJ in the County aCornald to t..ke ..cknowl<dsmenlt., pcnon.Uy appc&red
I Patrick F. Noonan and Richard G. TlaUrigr Prr-lsident and Assistant
Secrct-_ar:/ I respectivE.ly" of 'J.'he Nature Conse!vancy .clr.now'e.jlo(cd
\0 mtl known \0 oe \hc penon dCltribcd ,n and who executed lhe (onKouu~ tnurl,ll1'1et'lt and they
belor. me Iha\. they execuled Ih. ume_ in their respective capacities.
wi11:iiss fJ}Y .Juno and oHici.) lul in tlle County and SUle bel aforesaid lhit 13 th day of
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A 'j'ltm'-.:".,...;.:~-_\':. 4285 M morial Drive
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CITY COMMISSION DOCUMENTATION
TO: ERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~~tJ~
D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 11, 1990
RESOLUTION RE ENDORSEMENT OF A NEIGHBORHOOD NATURE
PRESERVE IN CONJUNCTION WITH "THE ANCHORAGE"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
endorsement throuqh enactment of a resolution for various
aspects of a proposed development to be known as "The
Anchorage".
This Resolution pertains to creation of an off-site Nature
Preserve.
"The Anchorage" is a high-end, forty-two (42) lot, single
family detached proposal on what has been known as "the 17
acre parcel" and/or the Yake property. The Nature Preserve
is on County owned property to the south.
BACKGROUND:
The petitioner, William Swaim, has informally discussed
conceptual development plans for "The Anchorage" with the
Administration. The Anchorage involves some environmentally
sensitive land through the presence of mangroves. In order to
mitigate the diminishing of part of this land, the petitioner
proposes to make improvements to County owned property to the
south so as to have it function as a neighborhood nature
preserve. The subject property is under a covenant, administered
through The Nature Conservancy, which requires perpetual use of
the property as a nature preserve.
Attached are schematic plans for the property's improvement.
Approval from several entities are necessary prior to the
proposal becoming a reality. Once improved, the preserve will be
maintained by the County.
The subject property is identified on our Future Land Use Map as
"Open Space - Conservation". Thus, the proposal is consistent
with that designation and is also consistent with policies of the
Conservation Element.
.
City Commission Documentation
Meeting of september 11, 1990
Resolution Re Endorsement of a Neighborhood Nature
Preserve in Conjunction with "The Anchorage"
Page 2
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board has not reviewed this proposal.
One reason is the recent submittal of the material and another is
the change in the composition of the Board and the fact that the
new Board has not yet organized. Since the endorsements do not
constitute a firm (final) action of project approval or approval
of a "development order", Board review is not required.
RECOMMENDED ACTION:
Approval of the Resolution of support.
Attachments:
* Resolution of support
* Quit-Claim Deed and Conservancy Requirements
* Conceptual Plan
REF/DJK#72/CCRES2.TXT
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[ITY DF DELRAY BEA[H
>.;:; "''','~. 'I' c: '0~,-~'-l,~'r ::... - -' ~L. Hle,.o, '04"" 'c. ~,-- -.:;. ...i..1 ~
October 4, 1990
Mr. William Swaim
5687 Pacific Boulevard, #2303
Boca Raton, FL 33433
Dear Mr. Swaim:
As requested, enclosed please find a copy of Resolution No. 's
84-90 and 85-90 relative to the property known as The Anchorage,
together with copies of attendant transmittal letters as directed,
by the resolutions.
Should you require any additional information, please do not
hesitate to contact me.
Sincerely,
rr>wcr7 i!12~}fUfC7 )/rttt{
Alison MacGregor Harty
City Clerk
AMH/m
Enclosures
cc: File/CC9/ll/90
Board of County Commissioners County Administrator
Jan Winters
Carol J. Elmquist, Chairman
Karen T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard
Carole Phillips
September 25, 1990
Ms. Alison MacGregor Harty
City Clerk, City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Harty:
On behalf of the Board of County Commissioners, I would like to
thank you or forwarding resolutions no. 84-90 & 85-90 which were
passed by the City Commission on September 11, 1990.
The resolutions have been forwarded to the County's Administration
office to be officially received and filed.
Thank you again for forwarding these resolutions. If I can be of
any assistance to you in this or any other matter, please do not
hesitate to contact my office.
Sincerely,
~ '
/ .. -J
i.. i ~f;;~
Carol J. Elmquis /'
Chairman, Board of County Commissioners
District III
cc: Sharon Adams, Administration
w/attached resolution
CJE/mb.gen1~reso
.. An Equal Opportunity - Affirmative Action Employer ..
BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989
(407) 355-2030
@ printed on recycled paper Suncom (407) 245-2030
tI" ~~~3
~.,~
.
.'
EITY DF DELIRY HEREM ~f
CITY AnORNEY'S OFFICE 310 S,E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755 r",
MEMORANDUM
Date: September 13, 1990
To: Lula Butler, Community Improvement Director
Alison MacGregor, City Clerk
From: Susan A. Ruby, Assistant City Attorney
Subject: FEN Investments of Palm Beach County, Inc.
The City Commission at its September ll, 1990 meeting approved
a settlement of the nuisance abatement matter involving FEN
Investments of Palm Beach County, Inc. (FEN Investments). The
City Commission agreed not to impose the $535.00 charge to
remove the rubble on the property owned by FEN Investments
located on a vacant lot across from S.W. 6th Avenue on the
north side of Linton Boulevard. Attached hereto is a release
of claims that needs to be executed by FEN Investments of Palm
Beach c-ounty, Inc. The general release that needs to be
executed is attached hereto. Please ensure that Tom Jones,
President of FEN Investments, executes the release, has it
properly witnessed and notarized, prior to writing off the
$535.00 charge.
Please do not hesitate to contact me should you desire any
further assistance.
~
cc Mr. Tom Jones, President, FEN Investments of
Palm Beach County, Inc.
-
GENERAL RELEASE
TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN,
GREETING:
FEN Investments of Palm Beach County, Inc. for and in
consideration of the forgiveness of the charge imposed in the
amount of $535.00 pursuant to a Violation Notice of Public
Nuisance Division Case No. 11194-90, the discharge of which is
hereby acknowledged, have remised, released and forever dis-
charged, and by these presents do for itself, its successors
and assigns remise, release and forever discharge the City of
Delray Beach, its officers, employees, agents and their succes-
sors, and assigns of an from all and all manner of action and
actions, cause and causes of action, suits, debts, dues, sums
of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, extent, executions,
claims and demands whatsoever, in law or in equity, which FEN
Investment of Palm Beach County, Inc. ever had, now have or
which it hereafter can, shall or may have, for, upon or by
reason of any matter, cause of thing whatsoever, from the
beginning of the world to the day of the date of these
presents, relating to the facts and circumstances arising from
the Violation of Public Nuisance, Division Case No. 11194-90.
.
r
DATED this day of , 1990.
In the presence of:
Witness FEN Investments of Palm
Beach, County, Inc.
Witness
COUNTY OF PALM BEACH
STATE OF FLORIDA
I HEREBY CERTIFY, the foregoing instrument, this
day of , was acknowledged by
, on behalf of the Corporation and
said person executed the same freely and voluntarily for the
purpose therein expressed.
WITNESS my hand and official seal in the County and
State aforesaid this day of , 1990.
Notary Public
My Commission Expires:
(SEAL)
2
PROCLAMA TION
WHEREAS, World Food Day is an occasion to call attention
to the continuing tragedy of hunger throughout the world and the
importance of the farm-to-table food chain to every community and
citizen in our country, and;
WHEREAS, the u.S. Conference of Mayors has been a member
of the u.S. National Committee for World Food Day since 1983, and;
WHEREAS, this day is increasingly recognized as a
natural focus for public and media attention on the range of food,
nutrition, health and farm issues, and;
WHEREAS, this year Congress is recasting basic farm and
food legislation affecting all citizens,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim October 16, 1990, as
"WORLD FOOD DAY"
in the City of Delray Beach and encourage all citizens, civic
organizations, and elementary and high school administrators to
discuss ideas for initiating support programs in order to assist
those persons at risk.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Delray Beach, Florida, to be
affixed this 11th day of September, 1990.
MAY 0 R
THOMAS E. LYNCH
SEAL
[ITV DF DELARY HEREM
.'cC 'J IV ,;, ':'vE'JUE :JE,--RAY ~EAC~ ;=L0~!D~ 33444 -JO 7 24.1 . ~t}J
L .I" : J i j ;
WHEREAS, our Founding Fathers, in order to secure the
blessings of liberty for themselves and their posterity, did
ordain and establish a Constitution for the United States of
America~ and,
WHEREAS, it is of the greatest importance that all
citizens fully understand the provisions and principles contained
in the Constitution in order to support it, preserve it and
defend it against encroachment~ and,
WHEREAS, the two hundred third anniversary of the
signing of the Constitution provides an historic opportunity for
all Americans to learn about and recall achievements of our
Funders, and to reflect on the rights and privileges of citizen-
ship, as well as its attendant responsibilities~ and,
WHEREAS, the independence guaranteed to the American
people by the Constitution should be celebrated by appropriate
ceremonies and activities during Constitution Week, September 17
through 23, 1990, as designated by proclamation of the President
of the United States of America in accordance with Public Law
915,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of De1ray Beach, Florida, do hereby proclaim the week of Septem-
ber 17 through 23, 1990, as
"Constitution Week"
in the City of Delray Beach and urge all our citizens to pay
special attention during that week to our Federal Constitution
and the advantage of American Citizenship.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 11th day of September, 1990.
MAYOR
THOMAS E. LYNCH
SEAL
lo~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p;/V(
SUBJECT: AGENDA ITEM # <6 IS - MEETING OF SEPTEMBER 11, 1990
ACCEPTANCE OF LETTER OF CREDIT
DATE: September 7, 1990
At your April 10th regular meeting the Commission approved a request
from National Cable Ltd. to submit a clean irrevocable letter of
credit in lieu of a performance bond. This item is on your agenda for
formal ratification of that letter of credit.
Recommend approval of an irrevocable letter of credit from National
Cable, Ltd. in the amount of $75,000.
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 31USI.I'lsrRHT,SLIITF4 DILRA Y Hf-KIf, I LORIDA 33483
.ln7!~43,7/)9() rLUCOPILR 407/278-4755
MEMORANDUM
Date: September 5, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Letter of Credit - National Cable, Ltd.
The City's Code of Ordinances requires that the City Commission
accept Certificates of Insurance and Letters of Credit provided
by the City's cable television franchisees.
The City Commission previously accepted the certificate of
insurance from National Cable, Ltd. , and agreed that a letter
of credit instead of a performance bond was acceptable to the
City Commission.
Attached hereto is the letter of credit drawn on First Union
Bank. The letter of credit in the amount of $75,000 is clean,
irrevocable and drawn on a local bank and, thus, acceptable to
our office.
The letter of credit must now be approved by the City
Commission. By copy of this memorandum to David Harden, City
Manager, our office requests that this letter of credit be
placed on the September 11, 1990 City Commission consent agenda
for their approval.
~
cc David Harden, City Manager
Alison MacGregor Hardy, City Clerk
"'~l.......
-
~N ~tandb~
tnvoca 1. Letter of Credit
Pint UDioa NarionalBank oEPIorida. zoo w. Fon)'1h St.. P.O. Boa 2080. JdlOnvill~. fb. 32231-0010. USA, Phone (904) 361.1190 Int~ Oi'rition
(TEl1X N., 61118<)
City of Delray Beach
Attn: Susan Ruby
301 S.E. 1st Avenue, Suite 4
Delray Beach, Florida 33483
. Date August 27, 1990
ALL DRAfTS MUST BE MARKED:
DRAWN UNDER CREDIT NO. JSB900347
Gcndcmen:
We hereby establish our irrevocable letter of credit In your favor for the account of National Cable, Ltd.
7378 Lake Worth Road, Lake Worth, Florida 33467
for any sum or sums not exceeding in total Seventy-Five Thousand and DO/lOa Dollars <US$75,00O.00)
avail.ble by your draft/s drawn. on us at light accompanied by:
The original of this Letter of Credit.
/
/
. .
-'
,.
,
Except a. otherwi.e uprellly lIated herein, this credit i. .ubject to the "Uniform CUllom. and Practice for Documentary Crediu (1983
Revi.ion.) International Chamber of Commerce Brochure No. 400." ! . oP'
We hereby agree with you that draft/. drawn in compliance with the term. of thi.le"er of credit that .aid draft/. will b. duly ho~red.~~
delivery of documents a. .pecified if pre.ented at ,hi. office on or before May 31 , 1991. i .-.;-";
,.
_.. Very ,ruly yours, I
i
\ ~~
MEMORANDUM
TO: MAYOR AND CITY COMMISS~ONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ ~- MEETING OF SEPTEMBER 11, 1990
REQUEST FOR FINAL PAYMENT
DATE: September 6, 1990
We received a request from Southern Pipeline, Inc. for final
payment, in the amount of $19,343.90, for the N.W. 7th Street
project. Southern Pipeline installed 310 feet of eight inch PVC
sanitary sewer line, with manholes, and five service laterals. This
project has been inspected and approved by the Public Utilities
Department. Funding is available in Water and Sewer/Sewer Systems,
Mains and Lines (Account No. 441-5161-536-60.66) . Account balance is
$34,580.30.
Recommend approval of final payment to Southern Pipeline, Inc. in the
amount of $19,343.90.
~
. 4.
SOUTHERN PIPEUNE, INC.
It' UTIUTIES CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426
(407) 732-6711
Vendor No. 721930
Purchase Order No. 19276
'.
.~ ~UESTFORPAYMENT
"'REQUISITION NO. 1# Date Auqust 28,1990
.....0: City" of Delray Beach Project: N. W. 7th Street
~~ Utilities Department Delray Beach, Florida
100 N.W. 1st. Street
Delray Beach, Florida Owner: City of Delray Beach
.. .Oentlemen:
~: This R~uest for Payment is for work performed on the above project through the pay period ending
8-27-90 ).
~ginaI Contract Amount $ 19 , 343 . 90
~;Approved Change Orders $ None
. $
~,
I~.';..' :
I)',
,p' $
'3. OTAL REVISED CONTRACT $ 19,343. 90
,
'iValue of Work Performed to Date $ 1 9 . 141. qO
'Value of Material Stored on Site $
-;f ~
f Tmal $
iLESS o' % Retainage $ None
}'),'
j Amount Earned to Date $ 19,343.90
. Less Previous Payments $ N n n p
. 'A\mount of this Requisition No. 1# $ 19.343.90
,.L
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:( Doug Fox ~ -
.~.
~
. , .-
t SOUTHERN PIPEUNE, INC.
. ;(' UTIUTIES CONTRACTOR
1471 Neptune Drive
t Boynton Beach, Florida 33426
(407) 732-6711
~"
'i .
l
j'
~
f City of Delray Beach August 28,1990
, ','
~. Utilities Department
It
t 100 N.W. 1st. Street
f' Delray Beach, Florida
r
i.;'
j;; . Project - N.W. 7th Street
'll
. Delray Beach, Florida
t
'Y: Vendor No. 721930
1;
Purchase Order No. 19276
i
.
.'
j~ Request For Payment
v
,.
'. 45 Hr. Backhoe (Crawler) 190.00 8,850.00
~
,.
;~ 8 Hr. Backhoe (Rubber Tire) 45.00 360.00
45 Hr. Loader 50.00 2,250.00
t,
,. 3 Precast Manholes 900.00 2,700.00
.~ 5 6" P.V.C. Sewer Laterals 175.00 875.00
'4 150 Cubic Yds Road Rock 10.00 1,500.00
l
l4c 310' 8" P.V.C. S.D.R. 35 3.19 988.90
'r!~
"
,~*" 1 Flashers - Traffic Maintenance Lis 560.00
~ 1 Dump and TrUCking Fees LIS 700.00
t;.
~ 16hr. Compactor 35.00 560.00
.
.>
,I:, Total Amount Due 19,343.90
11
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Doug Fox (
,
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~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt171
SUBJECT: AGENDA ITEM # ~ D - MEETING OF SEPTEMBER 11, 1990
ACCEPTANCE OF QUIT CLAIM DEED
DATE: September 7, 1990
We received an executed quit claim deed from the Palm Beach County
School Board dedicating 25 feet of right-of-way adjacent to Pine Grove
Elementary to the City. This additional right-of~way is required to
accommodate the proposed widening of the intersection at S.W. 4th
Avenue and S.W. 10th Street. The City Engineer has reviewed this
document and recommends acceptance of the quit claim deed.
Recommend acceptance of the quit claim deed.
- ,-
C'~l~bj Agenda Item No. :
I
AGENDA REQUEST
Date: 8/27/90
Request to be placed on:
X Regular Agenda .
.
Special Agenda 9/II/j6
... ~. Workshop Agenda When:
. .
I / .
Description of item (who, what, where, how much) : To accept and have
recorded the Quit Claim Deed for the west half of S. W. 4t:h AVPnllP
R-O-W ad;acent to the pine Grove Elementary Schnnl
Deed Attached
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES;@> Draft Attached: YES~~
Recommendation: At:. c.a.i1 }hit- 't d ~c (!,.v I;; h <... -L ~ t-'"' 'VI ~ c./~ I;'
~aI' ~ . l~r~~
-r~~t{ ~- ~~~ ~~1\~~~o..A..- cut- ~
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: ?~ ~
"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
GROWTH MANAGEMENT CENTER WILLIAM V. HUKILL
ASSISTANT '.
THE SCHOOL BOARD SUPERINTENDENT
OF PALM BEACH COUNTY, FLORIDA
3930 RCA BOULEVARD, SUITE 3004 ~
PALM BEACH, GARDENS, FL 33410.4272 ~~ t 1
407 -624- 7239 i
I
i
~/
-~
-"
.-
August 22, 1990
Mr. Charles Axelrod
Acting City Engineer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Pine Grove Elementary - 4th Avenue Right-of-Way
Dear Mr. Axelrod:
Pursuant to our conversation on August 22, 1990, please find attached one (1) copy of
the quit-claim deed for the west half of 4th Avenue Right-of-Way adjacent to the above
referenced school site. I am forwarding you this deed to be recorded in the official
record books of Palm Beach County. I ask that you forward me a copy of the recorded
document as soon as it is available.
If you have any questions or need additional information, contact me immediately at 624-
7385.
~UP
Michael 1. Kirk
Plan Review Specialist
Growth Management Center
MLK:dkh
Attachment
cc: George Abu-Jouge
David H. Williams
Richard Kurtz
Robert A. Rosillo
h:\data\wp50\doc\es\site\pge
QU.r-c.....'.. OliO RAMCO FORM B
R.lllrn to: (tlIdo... ...,-.ddnsaeel "'/llpeel tlIwe/op.) ~ ." ,
- Michael L. Kirk
~rowth Management Center
-. 3430 RCA Boulevard !
Palm Beach Gardents, FL 33410 !
~
r
TIlII ~ Prep.eel br: Michael L. Kirk l
Growth Management Center .
-, 3430 RCA Boulevard I
I
Palm Beach Gardens, FL 33410 IS
SPACE AICM! TllII UN!! FOR I'AOCUIlIIII DATA SPACl! AIOVE THIS LIN!! FOR MCllIIlllllG DATA
]his 8uit-Caim JJM(, Execul..d Ihi. day of ,A. D. 19 , by
School Board of Palm Beach County, Florida
Finl pa,'y. 10 City of Delray Beach
who.. postoFfic. add,.... is 100 Northwest First Ave., Delray Beach, FL 33444
s..cond party:
(Wherever used het'Cin the term. "1.i"1 party" and ",,"ond party" ,hall include tinlpllar and plural, hein. lelal
representativet. .ad uti,... of individual.. aad tM IUCCftlOU &lid atI.tns of co~r.lion.. wkrevu the conIcal
10 .dmilll 01' rtqwta.)
1ffibusstth, Thai Ih. .aid Fi,st pa,'y. For and in con.id..ralion of Ih.. .um of S
in bnd paid by Ihe saiel ...cond parly. Ihe r.ceipl whereof i. h..,..by ac.nowledged. do..s hereby r..mi... r.-
lea.se 4lId qui/-claim unlo Ihe .aid second party Fo,,,v,,,, all Ihe righl. litle. inl..r..st. claim and d..mand which
Ih. said finl parly ha.s in and 10 Ih. following d..crib.d 101. piece or parc.l of land. si/uallr. lying 4lId b..ing
In Ih. Counly of Palm Beach SIal.. of Florida , lo-wit:
The east twenty-five feet of the east half of Lot 5 of the Subdivision of
Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida.
according to the plat thereof recorded in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4.
Subject to and less the existing right-of-way of S.E. 10th~ Street also
known as Germantown Road.
To Jtapt and to Mold Ih.. .am.. logelher wilh all and .ingular the appurt..nanc..s Ih..r..unto
~l belonging or in anywis. apperlaining, and all Ih. ..stale. righ,. lil[e. inler..t. li..n. equity and claim whal-
.o..v..r of Ih. .aid. (irst parly. eilh..r in law or ..qui/y, 10 Ih.. only proper US". ben..fit and b..hoof of Ihe .aid
..cond parly (or.v..r.
In 1ffibuSs MtrtDf, Th.. .aid firsl parly ha. signpd and ."al..d Ih...e pr.....nl. Ih. da)/ and year
{,r.' abou.. writt..n. School Board of Palm Beach County, Florida
Signed. sealed and d..livered in pre..nc. of:
~~ . \ ~~6f'm.
Sl~~ /~
...... . ..~................................................... .....................
.~1::.!i?:.~..~.~.?:;.~..... /~~21~dnte.iiaeri.f.........
STATE OF FLORIDA, }
COUNTY OF Palm Beach
,I HEREBY CERTIFY tkat on tki. day. ~fo.. me. an
oUicer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments. personally appeared
Lynda M. Johnston and Thomas J. MilJs
to me known to be 'tne person described in and who executed the for~going: instrument and they acknowkdged
belore me tkat theYe"ecuted the .ame.
WIT:\'ESS my hand .nd official .e.l in the County .nd s.,te I... .fore.aid tki. 19 th d.y of
April A. D. 19 90. ~~.....d..~.S1;1e..of.P.;:r;dl
My Commission hpires lune 13. 1992 .
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ME~lORANDUM
TO: ~~YOR AND CITY COMMISSIONERS
FROM: CITY ~~NAGER~
SUBJECT: AGENDA ITEM # g-C - MEETING OF SEPTEMBER 11, 1990
ACCEPTANCE OF EASEMENT DEED
DATE: September 6, 1990
We received an easement deed for a 12 foot easement adjacent to the
Fronrath Used Car dealership for the installation and maintenance of a
water main and fire hydrant.
Previously, a request for site plan modification was approved for this
site. The modification consisted of the demolition of the existing
structure and construction of a new structure on northbound Federal
Highway, just south of S.E. 3rd Street. Concurrent with the upgrading
of the facility, upgrading of the fire suppression facilities was also
required. This easement allows the current water main located in the
alley, to the east of this site, to be extended to the Federal Highway
frontage.
The Planning and Zoning Board previously reviewed the site plan
modification. The need for the easement is pursuant to the site plan
modification.
Recommend acceptance of easement deed from Fronrath Used Cars.
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C I T Y COMMISSIOR DOCUMERTATIOR
TO: RYl. LEVERETT, ADMINISTRATIVE ASSISTANT III
~jk(J~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 11, 1990 CONSENT ITEM
ACCEPTANCE OF EASEMENT DEED, FRONRATH USED C~RS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of an easement deed for a water main extension
and fire hydrant.
The easement is associated with upgrading of the Fronrath
Used Car facility on SE 6th Avenue.
BACKGROUND:
This is a straight forward item. Previously a site plan
modi f ication was approved which involves the demolition of the
existing structure and construction of a new structure for the
Fronrath Used Car facility on northbound Federal Highway (just
south of SE 3rd Street).
The new facilities required upgrading of fire suppression
facilities; hence a new water main was required to be extended
from the alley to the east to the Federal Highway frontage. This
easement accommodates that water main and the attendant hydrant.
The easement has been approved, as to form, by the City Attorney.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board previously reviewed the site plan
modification. The need for the easement is pursuant to the site
plan modification.
RECOMMENDED ACTION:
By motion, acceptance of the easement deed.
Attachments:
* easement deed
* graphic showning location of the easement/water main
REF/DJK#72/CCEASE.TXT
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EASEMENT DEED
THIS INDENTURE, maSe thil1i 1 ttda~of June ~ by and between
DENNIS FRONRATH I9~TiyqqTlTl'V ~rpar il;~nof' eaqlts~opYrt', n the CITY OF
DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell and release unto the party of the second part, its
slh<iffAt:qfi nand assigns, a right of way and perpetual easement for the purpose of:
wa ter main with full and free right, liberty, and authority to enter upon and to
install, operate, and maintain such water main under, across, through and upon,
over, under or within the following described property located in Palm Beach County,
Florida, to-wit:
EASEMENT ---
A 12.0 foot wide easement being described as the South 6.0 feet
of Lot 3, and the North 6.0 feet of Lot 4, Block 120, of the
Blank-Nichols Subdivision, as recorded in Plat Book 13, Page 28
of the Public Records of Palm Beach County, Florida, less the
~lest 5.0 feE:':: thcz'E:of for Right-of-Way.
Concomitant and coextensive with this right is the further right in the party
of the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be subject only to those easements, restrictions,
and reservations of record. That the parties of the first part agree to provide for the
./ release 01 any and all mortgages or liens encumbering this easement. ' The parties of the
/ first part also agree to erect no building or effect any other kin~ 01 construction or
improvements upon the above-described,property. I
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above-
described easement and that the same is unencumbered. Where the context 01 this
Easement Deed allows/or permits, the same shall include the successors or assigns of the
parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands
~l1E th~~:~ fnd year first above written.
PA
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'-(1'1 /I j -" J L' &. bt4-L
STATE OF FLOQI9A
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer authorized in
the State and County aforesaid to take acknow ledgmen ts t personally appeared
Dennis Fronrath , well known to me, and they acknowledged executing the same.
WITNESS my hand anq.oilicial se in the County and State last aforesaid
this !il day 01 JlUrTust ...;;.,t "0~:1:J q
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:. ',.;r(,;'.':<'~);"' ..
\.,~~~.jktj/.rota Public, State of Florida at Large
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.......: . My Commission Expires:
"OFFIC!l\l !:0i;.P'"' Sff,l"
C.HN U[wH.L
IH CP:'\I4. DP. 9/1019\
Page 1 of 2
,. . ..
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EASEMENT DEED
THIS INDENTURE, made thifii 1 tt-da4hof June ~ by and between
DENNIS FRONRATH 1C/f1f1YTf.C/rl'ifY Gf'~r iE~noF eaqrhPOpYTf, n the CITY OF
DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does hereby grant, bargain, sell and release unto the party of the second part, its
sU<;ffJiOJi and assigns, a right of way and perpetual easement for the purpose of:
~~ter m~in with full and free right, liberty, and authority to enter upon and to
install, operate, and maintain such wa ter ma i n under, across, through and upon,
over, under or within the following described property located in Palm Beach County,
Florida, to-wit:
EASEMENT
A 12.0 foot wide easement being described as the South 6.0 feet
of Lot 3, and the North 6.0 feet of Lot 4, Block 120, of the
Blank-Nichols Subdivision, as recorded in Plat Book 13, Page 28
of the Public Records of Palm Beach County, Florida, less tr.l::
\'lest 5.0 feet ther'eaf for Right-of-Way.
Concomitant and coextensive with this right is the further right in the party
of the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be subject only to those easements, restrictions,
and reservations of record. That the parties of the lirst part agree to provide lor the
release of any and all mortgages or liens encumbering this easement. , The parties of the
first part also agree to erect no building or effect any other kin? of construction or
improvements upon the above-described property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above-
described easement and that the same is unencumbered. Where the context 01 this
Easement Deed allows/or permits, the same shall include the successors or assigns of the
parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands
e,W. the da~ and year first above written.
W sse:
PA
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',(J'1/1 ;J .A .I H & /!lM.~L
STATE OF FLORID~
COUNTY OF PALM BEACH . ,
( HEREBY CERTIFY that on this day, before me, an officer authorized In
the State and County aforesaid to take acknow ledgments, personaIly appeared
Dennis Fronrath , well known to me, and they acknowledged executing the same.
WITNESS my hand anQ.oJficial se in the County and State last aloresaid
this 1-1 day of ,Aunust ...;,'..", r.~:~:IJ q
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....:.:; . \\y Commission Expires:
"2FF;C!AL !:(li";,F"( s[r,~"
GAtt; //[w,LL
fH CO:-..>I. exp. 9/Z0/91
Page 1 af 2
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER L9l1
SUBJECT: AGENDA ITEM # 8F - MEETING OF SEPTEMBER 11, 1990
FINAL PLAT APPROVAL
DATE: September 7, 1990
We received a request for final plat approval for the replat of Linton
Lakes a proposed (two phase) 488 unit multiple family development
located on the northwest corner of Germantown Road and Congress
Avenue. Previously, a site and development plan for the new
apartments at the southwest corner of Linton Boulevard and Congress
Avenue was approved. A condition of that approval required the
replatting of the entire Linton Lakes project. The replat was
necessary due to changes in the street system, relocation of
easements, and the formal separation of Phase I (Spring Landing) and
Phase II (Spring Harbor). This is a straight forward request in which
a boundary plat has been submitted indicating phase lines, utility
easements for existing utilities, drainage easements and dedication of
specific tracts for specific uses.
The Planning and Zoning Board at their August 20th meeting reviewed
the final plat and certified it as being consistent with previous
actions.
Recommend approval of final plat for the replat of Linton Lakes.
.
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C I T Y COM MIS S ION DOCUMENTATION
TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~~~
ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 11, 1990 CONSENT ITEM
APPROVAL OF A FINAL PLAT, LINTON LAKES REPLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat of a replat of the entirety of
Linton Lakes (aka Spring Landing, Spring Harbor).
BACKGROUND:
This is a straight forward item. PrevioUSly, a site and
development plan for the new apartments at the southwest corner
of Linton Boulevard and Congress Avenue was approved by the City
Commission. A condition of approval required the replatting of
the entire Linton Lakes project. An entire replat was necessary
due to changes in the street system, relocation of easements, and
the formal separation of Phase I (Spring Landing) and Phase II
(Spring Harbor).
PLANNING AND ZONING BOARD CONSIDERATION
The 'Planning and Zoning Board reviewed the final plat and
certified it as being consistent with previous actions.
Technical items have been accommodated and the plat is now ready
for action by the City Commission.
RECOMMENDED ACTION:
By motion, approval of the Linton Lakes Replat
Attachments:
* cover sheet from P&Z Staff Report
* reduction of final plat
REF/DJK#72/CCLINTON.TXT
~LANN' r NG 8 ZONING BOARD REPORT
. STAFF
- -- - --
:ITY OF OELRAY BEACH
MEETING rnTE: AUGUST 20. 1990
AG~ ITEM: IV.A.
ITEM : FINAL PLAT, LINTON LAKES (RESUBMITTAL), LOCATED AT THE SOUTHWEST CORNER OF LINTON
BOULEVARD AND CONGRESS AVENUE.
. \l
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3ENERAL DATA:
Owner.......................... .r'1into Builders, Inc.
Agent.......................... .Craig S. Unger
Location........................Northwest corner of Germantown
Road and Congress Avenue.
Property Size...................57.09 Acres
City Land Use Plan..............Residential Transitional
City Zoning.................... .RM-IO U1ultiple Family)
Adjacent Zoning.................Uorth of subject property is
zoned RM-15 (Multiple Family) and
POC (Planned Office Center), East
is LI (Light Industrial), South
is SAD (Special Activities
District), and West is zoned
PRD-10.
Existing Land Use...............Phase I 200 Multiple Family Units
Phase II 288 Multiple Family
Units currently under
construction
Water Service...................Existing 12" water main located
on the west side of Congress
Avenue and the north side of
Germantown Road. Existing 10"
main located on the north side of
the property.
Sewer Service...................Existing 10" force main located
on the east side of Congress IV.A.
Avenue and the south side of ITEM:
Germantown Road. Lift Station is
on site.
-
P&Z Staff Report
Final Plat for Linton Lakes Phase I & II
Page 2
DENSITY:
With the initial development of Phase I (200 units) the overall
density was 5.62 units per acre. Phase I contained 18.12 acres
of land and 17.47 acres of the 19.57 acre lake. With the
rezoning of both Phase I and Phase II from POC to RM-I0 and
subsequent development of Phase II the developments were
considered as one with respect to density. This interpretation
allowed the entire lake (19.57 acres verses 2.10 acres) to be
counted as part of Phase II therefore, resulting in creation of a
greater density than if developed separately. This resulted in a
combined site density of 8.69 units per acre with Phase I
containing 5.62 units to the acre, and Phase II containing 14.4
units per acre.
With the separation of the phases via the modification, each
project must stand alone with respect to density. Phase II would
therefore exceed the maximum density allowed by the RM-IO Zoning
District (10 units per acre).
With the replat the applicant has reoriented the phase line
and lot line within the lake tract. This reorientation has
resulted in a density of 8.5 units per acre (Phase I) and
9.5 units per acre (Phase II).
INGRESS AND EGRESS:
Prior to the minor site plan modification the approved project
(Phase I and Phase II) contained one access point onto Linton
Boulevard and one access onto Congress Avenue. A stabilized sod
emergency access was also provided in Phase I along Germantown
Road. As the phases were interconnected, each phase had the
ability to utilize either of the entries.
The approved site plan modification separated the two phases,
limiting access of each phase to one entry point. Phase I
previously approved with one entry and a stabilized emergency
entrance returned to that condition. With the modification of
Phase II a new entry on to Germantown Road (approximately 468'
west of the intersection) was required.
The design plans for the Germantown Road entry have been
provided and design concerns including proper vehicular
stacking have been accommodated.
P&Z Staff Report
Final Plat for Linton Lakes Phase I & II
Page 4
ASSESSMENT:
The subdivision i~ fairly straightforward and the applicant has
been very cooperative in meeting the concerns. The only
outstanding issue is minor and can be accommodated easily. It
would therefore be appropriate to certify the final plat as being
consistent with the modified site plan and forward the final plat
to City Commission after satisfaction of the outstanding item
addressed under Technical Item Section of the staff report.
ALTERNATIVE ACTIONS:
1. Continue with direction and concurrence.
2. Certify the final plat as being consistent with the
modified site plan and forward the request to the City
Commission subject to addressing outstanding comment
prior to consideration of the plat by City Commission.
RECOMMENDED ACTION:
Certify the final plat as being consistent with the modified
site plan and forward the request to the City Commission
subject to addressing the following outstanding item prior
to consideration of the plat by City Commission:
1- Provide a drainage easement at the south end of Tract
F-F to cover the drainage structure.
2. Drainage structures indicated under No. 2 of the
dedication statement as well as within Tract PP are to
be maintenance obligations of the Condominium or
Homeowners Association. Revise the dedication
statement accordingly.
Attachment:
Copy of Final Plat
PD/#33/LINT02.TXT
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I
t
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!?~f
SUBJECT: AGENDA ITEM # 8G - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 79-90
DATE: September 6, 1990
This item is a Resolution assessing costs for abatement action
required to demolish an unsafe building on property at 625 Douglas
Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $2,579.50 remains unpaid.
Recommend approval of Resolution No. 79-90 assessing costs for
demolishing an unsafe building within the City.
.
-
.
I
RESOLUTION NO. 79-1'0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
- demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Conunission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
- collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.
,
.
-
NOTICE OF ASSESSMENT
Date
TO: Dora Mae Troutt
ADDRESS: 625 Douglas Avenue, Delray Beach, FI 33444
PROPERTY: 625 Douglas Avenue, Delray Beach, FI 33444
LEGAL DESCRIPTION: Lots 18-20, Block 5, Southridge according to Plat
Book 13, pages 38 and 39 of the official records of Palm Beach County, Fl.
You, ! the above-
as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of $2,579.50 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been ,levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 12-20-89
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the actir
required by the order of the Board of Construction AppeaJ
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
. .
-; .;
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 8-8-90
at a cost of$2,S79.S0 which includes a ten percent (lOr.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~i1ding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~ .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERi?~
SUBJECT: AGENDA ITEM # stt - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 80-90
DATE: September 6, 1990
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at 1119 N.W. 1st
Street. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $489.50 remains unpaid.
Recommend approval of Resolution No. 80-90 assessing costs for
boarding up an unsafe building within the City.
- ..
-
-
- -.
,
RESOLUTION NO. H-9t?
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsa fe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
- demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
De lray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
gf-}
...
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
Placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
- collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.
.
NOTICE OF ASSESSMENT
Date
TO: Walter Scott
ADDRESS: 1119,NW First Street, Delray Beach, Fl 33444
PROPERTY: 1119 NW First Street, Delray Beach, Fl 33444
LEGAL DESCRIPTION: South 50 feet of East 110 feet of the West 135 feet
of South 1/2 of the North 1/2 of Lot 6 in Section 17, Township 46. Range 43 East
You, as the record owner ,of, t or holder of an interest in, the above-
described property are hereby advised that a cost of $489.~O by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 7-19-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to th~ ~oard
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
,0 , ."
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on7-25-90
at a cost of $489..50 which includes a ten percent (l0%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
. .
MEMOR..?>.NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fIJ1
SUBJECT: AGENDA ITEM # flI. - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 81-90
DATE: September 6, 1990
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at 304 S. Swinton
Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $649 remains unpaid.
Recommend approval of Resolution No. 81-90 assessing costs for
boarding up an unsafe building within the City.
.
. ,
-
-
. .
I
RESOLUTION NO. If-to
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsa fe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
. . inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
- demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Conunission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty ( 30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
~ collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.
. .
.
-
NOTICE OF ASSESSMENT
Date
,
TO: Abraham J. Wooten Erma (Wooten) Parker
41 SW 11th Avenue c/o Tom Purdo, Esquire
ADDRESS:Delray Beach, Fl 33444 29 SE 4th Avenue
Delray Beach, FI 33444
PROPERTY: 304 S. Swinton Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 2, Plat of subdivison of Block 64, Town of Delray according
to Plat Book 20, Pa~e 39 of the official records of Palm Beach County, Florida
,
You, ~ the above-
as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of $649.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 7-26-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
, right to an appeal and of the procedures for obtaining appeal.
1
You have also failed to take the corrective action required by
4 the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action ~
required by the order of the Board of Construction Appeals.
~
You appealed the decision of the Building Official tc _lle Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
..; x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
... still have an appeal right as to the cost of the action.
,j
JI .
~
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 8-4-90
at a cost of $649.QO which includes a ten percent (107.) administrative
fee. If you fail to p~y this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~i1ding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
. ,
. ..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f7J1
SUBJECT: AGENDA ITEM # \1 - MEETING OF SEPTEMBER 11 , 1990
RESOLUTION NO. 81-90
DATE: September 6, 1990
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at 304 S. Swinton
Avenue. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach a lien on this property in the event
the assessment of $649 remains unpaid.
Recommend approval of Resolution No. 81-90 assessing costs for
boarding up an unsafe building within the City.
.
.. .
. -
,
RESOLUTION NO. ~ ? 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsa fe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
- demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
De lray Beach, submitted to the City Corrunission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
- ~
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty ( 30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel (s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall be"come due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
- collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No.
,
. .
NOTICE OF ASSESSMENT
Date
TO: Estate of Rosa Banks
ADDRESS: c/o. Gloria Henry 115 NW 10th Avenue, Delray Beach, Fl 33444
PROPERTY: 215 SW 4th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: resubdivision of S; of Block 38, and N; of Block 39,
Delray Beach, Lot 10, Block 39 according to Plat Book 11, Page 34 of the
official records of Palm Beach County, Florida
.
You, as the record owner ,of, ~ or holder of an interest in, the above-
described property are hereby advised that a cost of$2,193.40 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 3-6-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe conditi?n and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to tr Joard
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
I'
. . ..
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 3-6-90
at a cost of $2, ]g:LliO which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~i1ding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !77t. j
SUBJECT: AGENDA ITEM # flK - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 83-90
DATE: September 6, 1990
This item is a Resolution assessing costs for abatement action
required to remove nuisances on 45 properties throughout the City.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid.
Recommend approval of Resolution No. 83-90 assessing costs for
the abatement of nuisances on 45 properties within the City.
,
,
.
RESOLUTION NO. ?3-?c
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence 0 f a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said 1and(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, fai ling which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner (5) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereo f and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the Ci ty of De lray
Beach, submitted to the City Commission a report of the costs incurred
in aba ting said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of De lray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance (5) against said property owner(s),
.
-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount (5) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30 ) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcells) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien s ha 11 be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
( 30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property (s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30 ) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien 5 ha 11 become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8 %, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No.
.
LOT 24, RESUB. OF BLK 17, JEAN C. DORISCA $125.00
DELRAY BEACH, BLK 17, PB 21, 342 NW 5TH AVENUE 50.00 (ADM. COST)
P 90, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(342 NW 5TH AVE)
LOT 394, TROPIC ISLE 3RD SEC. JOSE A. & JANE CHIRIBOGA $ 50.00
PB 25, P 37, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3001 SPANISH TRAIL (RECORDING)
(3001 SPANISH TRAIL) DELRAY BEACH, FL. 33483
N58' OF S 312.12' OF E 135' OF IVERSON LASTER $ 50.00
BLK 10, TOWN OF DELRAY, PB 1, 511 NW 2ND STREET 50.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(NW 6TH AVE)
S50' OF N250' OF 135' OF BLK VALERIE W. SMALL $ 50.00
10, TOWN OF DELRAY, PB 1, P3, 28 ORCHARD PLACE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH NEW HAVEN, CT 06511 ( RECORDING)
COUNTY, FL.
(NW 6TH AVE)
S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS ESTATE $ 50.00
BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 50.00 (ADM. COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(303 SW 2ND AVE)
LOT 9, BLK 41, TOWN OF DELRAY, EDITH CLARK QUINN $ 50.00
PB 5, P 65, PUBLIC RECORDS, 3820 DOLPHIN DRIVE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 (RECORDING)
(NW 2ND AVE)
LOT 5 & 23, BLK 32, TOWN OF 1. & LOUISE JOHNSON $400.00
DELRAY, PB 6, P 97, PUBLIC (H&W) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 32 SW 5TH AVENUE (RECORDING)
(320 SW 4TH AVE) DELRAY BEACH, FL. 33444
S50' OF N250' OF E135' OF BLK ERROLL GAYLE $ 55.00
13, TOWN OF DELRAY, PB 1, P 3, 20 SW 6TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORD ING)
COUNTY, FL.
(20 SW 6TH AVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTEr
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Re s. No.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 1, BLK 2, ROSEMONT GARDENS CARRIE DRAYTON ET AL $ 35.00
UNIT A, PB 29, P 118, PUBLIC 401 SW 8TH AVENUE 50.00 (ADM. COST)
RECORDS,PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(SW 8TH AVE & SW 4TH ST)
LOTS 12 & 13, BLK B, RIDGEWOOD STRAGHN ENTERPRISES OF $450.00
HEIGHTS, PB 14, P 44, PUBLIC DELRAY 50.00 (ADM. COST\
RECORDS, PALM BEACH COUNTY, FL. 317 SW DORSON WAY (RECORD ING)
(1013 SW 8TH AVENUE) DELRAY BEACH, FL. 33445
LOT 11, CARVER SQUARE, PB 24, BENANGE DESSALINES $ 45.00
P 11, PUBLIC RECORDS, PALM RICOULD DORMESTOY 50.00 (ADM. COST)
BEACH COUNTY, FL. 700 SW 2ND COURT (RECORDING)
(700 SW 2ND COURT) DELRAY BEACH, FL. 33444
LOT 24, BLK 2, PRIEST'S ADD TO SAMUEL T. BALAM $ 60.00
ATLANTIC PARK GARDENS, PB 23, 150 SW 14TH AVENUE 50.00 (ADM. COST)
P 70, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(150 SW 14TH AVE)
LOT 13, BLK 2, ATLANTIC PARK DAISY M. RAY $ 85.00
GARDENS, DLERAY, PB 14, P 56, P.O. BOX 74 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH LENOX, GA. 31637 (RECORDING)
COUNTY, FL.
(SW 13TH AVE)
LOT 23, BLK C, RIDGEWOOD IRENE COX $ 65.00
HEIGHTS, DELRAY, PB 14, P 44, 1106 SW 7TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING)
COUNTY, FL.
(SW 7TH AVE)
LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00
GARDENS, PB 14, P 53, PUBLIC III NE 16TH AVENUE 50.00 (ADM. CO::.f)
RECORDS, PALM BEACH COUNTY,FL. BOYNTON BEACH, FL. 33435 (RECORDING)
(SW 10TH AVE)
LOT 321, TROPIC PALMS PLAT 1, MICHELLE GRZESIAK $ 50.00
PB 25, P 99, PUBLIC RECORDS, 607 NE 17TH AVENUE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. FT. LAUDERDALE,FL. 33304 (RECORDING)
(MALLARD DRIVE)
LOT 4, CLINTON & MORGAN SUB., DANIEL MORGAN $ 55.00
PB 59, P 138, PUBLIC RECORDS, P.O. BOX 2231 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING)
(NW 5TH AVE)
-3- Res. No.
. .
W 1/2 OF S100' OF TH PT OF EDUARDO & JAIME $ 45.00
S3.4 ACRES OF LOT 10 & TH PT ODABACHIAN (H&W) 50.00 (ADM. COST)
ON N1.6 ACRES OF LOT 11 LYG E 6199 N. FEDERAL HWY. (RECORDING)
OF SR5, BLK 1, MODEL LAND CO. BOCA RATON, FL. 33487
SUB., PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(1211 S FEDERAL HWY)
LOT 1, BLK 3, DELRAY SHORES, NADEGE PAULVIL $ 40.00
PB 24, P233, PUBLIC RECORDS, 3411 SE DORSON WAY 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. (RECORDING)
(3411 SE DORSON WAY) 33445-2436
LOT 21, BLK B, TOURIST NOOK, ROSS WISKIN $ 50.00
PB 24, P 235, PUBLIC RECORDS, 3680 FRANWOOD CIRCLE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. APT JIl01 (RECORDING)
(NW 8TH AVE) BRADENTON, FL. 33505
LOT 27, BLK 1, ATLANTIC PARK BENNIE THOMAS $ 60.00
GARDENS, DELRAY, PB 14, P 56, 1720 1ST STREET NORTH 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL. 33881 (RECORDING)
COUNTY, FL.
(NW 12TH AVE)
LOT 3, BLK 1, SUDAN UNIT A, DONALD & VANESSA G.MONROE $105.00
PB 28, P 144, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3948 DOLPHIN DRIVE (RECORDING)
(DAVIS ROAD) DELRAY BEACH, FL. 33445
LOT 4, BLK C, WEST SIDE HATTIE L.HARDWICK ESTATE $ 55.00
HEIGHTS, PB 13, P 61, PUBLIC C/O GEORGE QUAIL 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, 302 BAINBRIDGE STREET ( RECORD ING)
FL. (NW 10TH AVENUE) BROOKLN, NY. 11233
LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 55.00
HEIGHTS, PB 13, P 61, PUBLIC 821 SE 9TH STREET 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. SUITE 201 (RECORDING)
(NW 9TH AVE & NW 2ND ST) DEERFIELD BCH,FL. 33441
LOT 17, BLK 1, ATLANTIC PARK ELKANAH HEPBURN $ 45.00
GARDENS, DELRAY, PB 14, P 56, 1500 CONGRESS AVE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH APT #C9 (RECORDING)
COUNTY, FL. W. PALM BEACH, FL. 33401
(NW 13TH AVE)
LOT 20, BLK 1, ATLANTIC PARK MARY SALOMON ESTATE $ 55.00
GARDENS, DELRAY, PB 14, P 56, C/O LILLIAN QUINCE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 119 (RECORD ING)
COUNTY, FL. DELRAY BEACH, FL. 33447
(NW 13TH AVE & NW 1ST ST)
-4- Res. No.
LOT 210, TROPIC ISLE 2ND SEC. ANDREW & SUSAN D. $ 50.00
PB 24, P 246, PUBLIC RECORDS, GIOVINAZZO (H&W) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 17611 LAKE PARK ROAD (RECORDING)
(CYPRESS DRIVE) BOCA RATON, FL. 33487
LOT 7, KENMONT 1ST ADD, PB 22, GRS PENSION TRUST INC. $ 75.00
P 24, PUBLIC RECORDS, PALM AKA RSS PROPERTIES INC. 50.00 (ADM. COST)
BEACH COUNTY, FL. 1230 VISTA DEL MAR (RECORDING)
(906 PALM TRAIL) DELRAY BEACH, FL. 33483
LOT 21, BLK 6, SILVER TERRACE, MAUREEN MAAS $ 65.00
DELRAY, PB 11, P 61, PUBLIC 1015 MIAMI BLVD. 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33444 (RECORDING)
(1015 MIAMI BLVD)
S30' OF N90' OF E135' OF BLK REBECCA HAYES $ 50.00
10, TOWN OF DELRAY, PB 1 P 3, C/O EDWARD DEMPS 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 3099 (RECORDING)
COUNTY, FL. FT. PIERCE, FL.34948-3099
(NW 6TH AVE)
S12' OF LOT 7, BLK 19, TOWN OF GEZA M. GYORKY $ 42.50
DELRAY, PB 6, P 97, PUBLIC P.O. BOX 2554 25.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. W. PALM BEACH, FL. 33402 (RECORDING)
(NW 5TH AVE)
LOT 8, BLK 19, TOWN OF DEL RAY GEZA M. GYORKY $ 42.50
TOWN OF DELRAY, PB 6, P 97, P.O. BOX 2554 25.00 (ADM. COST)
PUBLIC RECORDS,PALM BEACH W. PALM BEACH, FL. 33402 (RECORDING)
COUNTY, FL.
(NW 5TH AVE)
LOTS 11 & 12, BLK 47, TOWN OF YVONNE SIMMONS $ 85.00
DELRAY, PB 12, P 81, PUBLIC 3836 DOLPHIN DRIVE 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. DELRAY BEACH, FL. 33445 (RECORDING)
(242 SW 2ND AVE)
S50' OF N150' OF W135' OF BLK R.I. & MARYLIN S. BARON $ 65.00
14, TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE) 50.00 (ADM. CO
PUBLIC RECORDS, PALM BEACH 6401 NORTH BAY ROAD (RECORDIt-."I
COUNTY, FL. NO. MIAMI BCH, FL. 33141
(109 SW 7TH AVE)
LOT 22, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00
PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST)
PALM BEACH COUNTY,FL. CAROL CITY, FL. 33055 (RECORDING)
(SW 7TH AVE & SW 3RD ST)
LOT 23, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00
PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST)
PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 (RECORDING)
(SW 7TH AVE & SW 3RD ST)
-5- Res. No.
. . .
LOT 24, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00
PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST)
PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 (RECORDING)
(SW 7TH AVE & SW 3RD ST)
LOT 25, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00
PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST)
PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 (RECORDING)
(SW 7TH AVE & SW 3RD ST)
LOT 26, BLK 15, TOWN OF DELRAY, ALVAN E. MCFORD $ 11.00
PB 13, P 18, PUBLIC RECORDS, 17831 NW 47TH AVENUE 10.00 (ADM. COST)
PALM BEACH COUNTY, FL. CAROL CITY, FL. 33055 (RECORDING)
(SW 7TH AVE & SW 3RD ST)
550' OF N150' OF W135' OF JUANITA V. PATTERSON $ 55.00
5 1/2 OF BLK 22, TOWN OF 329 SW 8TH AVENUE 50.00 (ADM. COST)
DELRAY, PB 10, P 38, PUBLIC DELRAY BEACH, FL. 33444 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL.
(SW 6 TH AVE)
LOT 32, BLK 15, TOWN OF DELRAY, VERA F. GIBSON $ 22.50
PB 13, P 18, PUBLIC RECORDS, P.O. BOX 66 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. INKSTER, MI 48141 (RECORDING)
(SW 6TH AVE)
LOT 33, BLK 15, TOWN OF DELRAY, VERA F. GIBSON $ 22.50
PB 13, P 18, PUBLIC RECORDS, P.O. BOX 66 25.00 (ADM. COST)
PALM BEACH COUNTY, FL. INKSTER, MI 48141 (RECORDING)
(SW 6TH AVE)
LOT 1, BLK 23, TOWN OF DELRAY, JOHN PATMAN $ 50.00
PB 10, P 69, PUBLIC RECORDS, JAMES PATMAN 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 82 NW 5TH AVENUE #15 (RECORDING)
(SW 5TH AVE & SW 2ND ST) DELRAY BEACH, FL. 33444
ElOO' OF N50' OF BLK 18, TOWN JULIA SCADLOCK $ 50.00
OF DELRAY, PB 1, P 3, PUBLIC C/O LAWRENCE SCADLOCK 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 2621 BOWEN ROAD SE #104 (RECORDING)
(NW 3RD ST & NW 5TH AVE) WASHINGTON, DC 20020
S150' OF E50' OF BLK 18 (LESS H. & HAZEL CLEM (H&W) $ 45.00
E20' R!W) , TOWN OF DELRA Y , 3 SUMMER STREET 50.00 (ADM. COST)
PB 1, P 3, PUBLIC RECORDS, NORWALK, CT 06851 (RECORDING)
PALM BEACH COUNTY, FL.
(NW 2ND ST & NW 5TH AVE)
-6- Res. No.
LOT 24, RESUB. OF BLK 17, JEAN C. DORISCA $125.00
DELRAY BEACH, BLK 17, PB 21, 342 NW 5TH AVENUE 50.00 (ADM. COST)
P 90, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(342 NW 5TH AVE)
LOT 394, TROPIC ISLE 3RD SEC. JOSE A. & JANE CHIRIBOGA $ 50.00
PB 25, P 37, PUBLIC RECORDS, (HUSBAND & WIFE) 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 3001 SPANISH TRAIL (RECORDING)
(3001 SPANISH TRAIL) DELRAY BEACH, FL. 33483
N58' OF S 312.12' OF E 135' OF IVERSON LASTER $ 50.00
BLK 10, TOw~ OF DELRAY, PB 1, 511 NW 2ND STREET 50.00 (ADM. COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(NW 6TH AVE)
S50' OF N250' OF 135' OF BLK VALERIE W. SMALL $ 50.00
10, TOWN OF DELRAY, PB 1, P3, 28 ORCHARD PLACE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH NEW HAVEN, CT 06511 ( RECORDING)
COUNTY, FL.
(NW 6TH AVE)
S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS ESTATE $ 50.00
BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 50.00 (ADM. COST)
P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING)
BEACH COUNTY, FL.
(303 SW 2ND AVE)
LOT 9, BLK 41, TOWN OF DELRAY, EDITH CLARK QUINN $ 50.00
PB 5, P 65, PUBLIC RECORDS, 3820 DOLPHIN DRIVE 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 (RECORDING)
(NW 2ND AVE)
LOT 5 & 23, BLK 32, TOWN OF 1. & LOUISE JOHNSON $400.00
DELRAY, PB 6, P 97, PUBLIC (H&W) 50.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL. 32 SW 5TH AVENUE (RECORDING)
(320 SW 4TH AVE) DELRAY BEACH, FL. 33444
S50' OF N250' OF E135' OF BLK ERROLL GAYLE $ 55.00
13, TOWN OF DELRAY, PB 1, P 3, 20 SW 6TH AVENUE 50.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORD ING)
COUNTY, FL.
(20 SW 6TH AVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7- Re s. No.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ClL.. - MEETING OF SEPTEMBER 11, 1990
AWARD OF BIDS AND CONTRACTS
DATE: September 7, 1990
This item is before you for award of the following bids and contracts:
1. Chemicals and Fertilizers- Annual Contract- Various Bidders
in the estimated amount of $80,500 with funding from Parks and
Recreation Gardening Supplies (Account No. 001-4131-572-35.54)
and Golf Course Gardening Supplies (Account No.
445-4511-572-35.54). Account balance in Parks and Recreation
Account is $5,617 with $35,000 proposed for FY 90/91. Account
balance in Golf Course Account is $45,000 with $105,000 proposed
for FY 90/91.
2 . Rental Rehab Program- 137-139 N.W. 13th Avenue- Abisset
Corp. in the amount of $29,688 with funding from Rental Rehab
(Account No. 118-1975-554-33.19). Account balance is $80,000.
3. Sixteen Inch Ductile Iron Pipe- Intracoastal Subaqueous
Crossing project- American Cast Iron Pipe Company in the amount
of $58,243.50 with funding from Intracoastal Crossing
Construction (Account No. 441-5181-536-69.04). Account balance
is $58,244.
.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager
Management Services
FROM: Ted Glas, Purchasing Director #'J
DATE: September 4, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 11, 1990 - BID AWARD - CO-OP BID #90-76
CHEMICALS & FERTILIZERS, ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to
low responsive bidders, as stated below, at an estimated
annual cost of $80,500. Per the Budget Director, funding is
from: I gl<;-90 /tQo-'il tJilc>f rS..tl
Parks & Rec 001- L./ I~I- ~~. _~~. S~ l11~~ II Jfi.ooo
Golf Course '141"- 1./511 - :- . 5 10"- n() 0
Background:
The Delray Beach Purchasing Department is the lead
organization for this county cooperative contract. Bids
were received on August 22, 1990 from eleven (11) area
vendors, all in accordance with City purchasing procedures.
(Bid #90-76. Documentation on file in the Purchasing
Office. ) A tabulation of bids is attached for your review.
Recommendation:
On August 27, 1990 the Palm Beach County Cooperative
Purchasing Group met and voted to recommend awards to the
low responsive bid vendors, as highlighted on tab sheets.
The Parks & Recreation Department and the Golf Course concur
with this recommendation.
Estimated
Vendor Annual Expenditure
Wheeler Fertilizer Co. $ 1,162.55
Van Waters & Rogers Inc. 28,918.17
Lesco Inc. 20,570.10
Helena Chemical Co. 17,726.50
Howard Fertilizer Co. 10,164.00
Regal Chemical Co. 1,960.00
Total Estimated Annual Cost $ 80,500.00
Attachments:
Tabulation of Bids
pc Joe Weldon
Tom Arendt gL. (
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION
BID INFORMATION SHEET
.
BID #: 90-j!L
APPLICANT: SAM & DOROTHY STEWART
APPLICATION #: 90-010RR
PROJECT ADDRESS: 137-139 NW 13TH AVENUE
DATE OF BID LETTERS: AUGUST 13, 1990
DATE OF BID OPENING: AUGUST 23, 1990
NAME OF CONTRACTORS AMOUNT OF BID
;- B & JR CONSTRUCTION $ NO BID
"C
. ..
DARRYL L. COOK , $ NO BID
,
.] $ NO BID
FIRST CONSTRUCTION OF THE PALM BEACHES, INC.
HENRY L. HAYWOOD . $ . - . . ..' ,
- ''1, ~-- :-....
"
MJD CONSTRUCTION SERVICES $ ...31,405
TOMMY PRESTON $ NO BID
ABISSET CORPORATION $ 29,688
CSB CONSTRUCTION, INC. $
T. H. Y. CONSTRUCTION INC. $
-
M. A. S. C. 0 . $ NO BID
-
IN - HOUSE ESTIMATE: $ 28,990
CONTRACTOR AWARDED CONTRACT: ABISSET CORPORATION
BID/CONTRACT AMOUNT: $ 29,688.00
COMMENTS: LOW BIDDER AWARDED CONTRACT
-
BIDFORM/PG4
~L. 2.
.
RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
ABISSET 137-139 NW 13TH AVE. $14,844.00 $14,844.00
~
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RR14
-
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M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
- FROM: DOROTHY ELLINGTON, CD COORDINATOR f) <Z
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: AUGUST 29, 1990
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
In accordance with the City of Delray Beach Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Commission approval of one Rental
_ Rehabilitation Deferred Loan. The program provides for the
rehabilitation of investor owned substandard units, located
within the CDBG Target Area. Contract awards are based on actual
cost of the rehabilitation to an e~igible structure. Owners are
eligible for a dollar for dollar matqh of Rental Rehabilitation
Funds for total cost, not to exceed $ 8',500 per unit.
Conununity Development staff provided t~e detailed work wril:e:"ups,:-;~ '
cost estimates for work specificafions, and bid process on all
eligible structures. Investors are required-_ to escrow their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
Inspection of work will be done by the City's Community
Improvement Department and the Community Development Division.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specification and program guidelines. -
Pay requests will require both contractor's and owner's
signatures. Funds will be disbursed on a dollar for dollar basis _
matching the owners share with the Rental Rehabilitation Funds.
The owners and properties have met the eligibility requirements
as specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at the Conununity Development Office.
RR14
M E M 0 RAN DUM
_ TO: TED GLASS, PURCHASING ADMINISTRATOR
FROM: DOROTHY ELLINGTON, CD COORDINATOR ~ G.
THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR~
DATE: AUGUST 29, 1990
SUBJECT: RENTAL REHABILITATION PROGRAM
_ Attached, please find Community Development's Rental
Rehabilitation package, Bid # 90-89 this package is submitted for
the Consent Agenda scheduled for Sept~mber 11, 1990. This package
is submitted to your office per Purchasing Policies and
Procedures. t
0;
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"
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j
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott Jr., Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director #~
DATE: September 4, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 11, 1990 - BID AWARD - BID #90-86
16" WATER MAIN PIPE -- MATERIAL ONLY
Item Before City Commission:
The City Commission is requested to award contract to low
bidder, American Cast Iron Pipe Company, in the amount of
$58,243.50, plus any increase in freight rate. Per the
Budget Director, funding is from:
( ) .
Background:
The Public Utilities Department is requesting to purchase
450' of 16" ductile iron potable water transmission main
pipe (material only) for installation across the
intercoastal waterway.
Bids for the purchase were received on August 28, 1990 from
three (3) pipe vendors, all in accordance with City
purchasing procedures. (Bid #90-86. Documentation on file
in the Purchasing Office.) A tabulation of bids is attached
for your review.
Recommendation:
Staff recommends award to low bidder, American Cast Iron
Pipe Company, in the amount of $58,243.50, plus any increase
in freight rate. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Public Utilities
pc William Greenwood
~L.3
MEMORANDUM
TO: Ted Glas
Purchasing Director ~ ~
THRU: William H. Greenwood ~ if'ln 1'0
Director of Public Utilities
FROM: George Abou-Jaoude
Dep. Dir. of Public Utilities/projects
SUBJECT: 16 INCH DUCTILE IRON PIPE
SUBAQUEOUS WATER MAIN TRANSMISSION
PUBLIC UTILITIES PROJECT #90.59
We have received three (3) bids for the pre-purchase of 16
inch ductile iron pipe for the project referenced above. I
have attached a bid tabulation and recommendation prepared
by our consultant, Post, Buckley, Schuh and Jernigan, Inc.
The city of Delray Beach Public Utilities have no problem
with awarding this project to the lowest vendor, American
Ductile Iron Pipe. The total price is $58,243.50
We trust this is satisfactory to include this award on the
next City commission agenda.
GAJ/gm
Att:
cc: file;proj9059 (2)
~ ,:.t:,,.. U"'t Ui-' .1 U . J. .... I - I_I.L .
-
,
POST, BUCKLEY, SCHUH ~ JERNIGAN. INC,
uoo \IIIUY C'II'Il5I 5TW~ sum _
~ n.auJlII\ JHQ7 10M
,alll177 un
--- -- -
-- _.
September 4, 1990
Mr. WIlliam H. Greenwood
Director ot PubUc Utilities
City of Delray Beach
200 N. W. 1st Avenue
Delray Beach, Florida 33444
5ubJect: IO-incn O.L Subaqueous Water Transmission Main Pipe
(Project No. 90 -8S)
Dear Mr. Or.cnwood:
We have reviewed the bids tor the above subject project.. The tQUovvlng 1& a summary or
the bid review:
Mallutac luret' Pdce EJ(U"as
-
American $ 58,243.50 (90 days) $1,005.00 (2-M.J. Fittings)
u Vrice:: ::lulJject. to 30 uuys uccevlunce
o SYlorn statement on crimes acceptable
o P.O. certification tilled out per Delray
o price includes freight
u.s. Pipe ~ 78,~O7.39 (90 days)
$ 78,307.39 (45 days)
o P.O. certification filled out per DeIray
~ht
o price breakdown was included
McW."ue $100,03:;.00 (90 da)'s)
o 3worn 3t.o.tcmcnt on crime ClceeptQble
o did not submit P.O. certification per Delray
The low bid price wu submitted by American DucLile Iron Pipe WiUl I:l. 90 ul:l.y del1vet'Y
time. For the extra cost of $20,063.89, U.S. Pipe would guarantee dellvel'Y within
45 days. With accellerated bIddIng, permItting, award and contractor mobilization, it is
estimated that only 30 days could be saved on the time beCore constructlon could begin
tUIlBMV97IB~/l
- -. ..... ..... ..- .. - _. ..----. ---
. ~t:.j-' u~ u.... ~.....' - -
. .,..
I
,
Mr. WllUam H. Grecnwuou
September 4, UgO
P aie 2
within the Intrscos3tal. Due Lo lhe Depurlrneul':I receCll Ci:;ctll cUllti~rlllntlS, It Is lH:lleved
that the $20,063.89 savIngs would be worth the 30 days additional construction start-up
time. Thererore, It 13 recommended that the low bid price or $58,243.50 as submitted by
American Ductile Iron Pipe be selected. The two l6-inch MJ tittings should not be
ordered with the pipe. We believe It Is better to allow the construction contractor obtain
the fItUngs he needs depending upon the exact layout ot his piping work.
It you have any Que~tions, please cAll.
Sincerely,
P05T. BUCKLEY, SCHUH ~ JERNIGAN, life.
k~ ..
W~
Kenneth E. WUaon. P.E.
Facilities Engineering Manager
J{E WIre.
cc: Goor,c Abou-J40UQO
Ed Copeland
10-278.20
tmlnNV91;5~/2
. -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM ~9A - MEETING OF AUGUST 28, 1990
REQUEST FOR EXTENSION OF CONDITIONAL USE AND SITE PLAN
DATE: August 24, 1990
This item was discussed at your August 28th meeting. At that time the
City Attorney's office requested that action be delayed on this
request to allow for their review of the proposed extension. This
item has again been placed on your agenda for consideration.
We received a request for extension of conditional use and site plan
approval for the Isle of Delray SAD (Special Activities District).
The Isles of Delray is a proposed 148 mixed unit residential project
composed of zero lot line patio homes, townhouses, and villas. It is
to be located on the north side of Lake Ida Road, east of 1-95. The
project was originally approved in 1983 with PRD-4 Zoning. In 1984,
the project was placed in the SAD designation. In 1986 an
interpretation was made that the project would remain valid until
1988. Subsequently, in 1988 an extension was granted which expired in
July 1990.
As in previous requests, the applicant is seeking an extension of the
site plan approval received in 1983 with no changes to development
requirements. Pursuant to the proposed Land Development Regulations,
any extension granted at this time would not be eligible for another
extension. Thus, if this project does not become established prior to
expiration of this extension, a new application and complete upgrading
under current regulations would be required. No site work has
occurred on this project since 1983. However, the project is vested
under terms of the County Traffic Performance Standards. All other
concurrency requirements of the City's Comprehensive Plan have also
been met.
The Planning and Zoning Board at their August 20th meeting recommended
approval of a fifteen month extension.
The City Attorney and Planning Director are working on a staff
recommendation which they expect to present at the Commission meeting
Tuesday evening.
.. .
.
.
.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
" ~Vo~.
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
CONSIDERATION OF A REQUEST FOR EXTENSION OF CONDITIONAL
USE AND SITE PLAN APPROVAL FOR THE ISLES OF DELRAY
S.A.D.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to extend the period of validity of
the conditional use and site plan approvals granted for the
Isles of Delray S.A.D. for an eighteen month(s) period which
is tied to certain conditions regarding availability of
acceptable levels of service (please see the Planning and
Zoning Staff Report for specifics).
The Isles of Delray is a proposed 148 mixed unit residential
project of zero lot line patio homes, townhouses, and
villas. It is to be located on the north side of Lake Ida
Road, east of 1-95.
BACKGROUND:
The proJect has 148 units on 40.73 acres (density of 3.63 u/ ac) .
Original approval was in 1983 under PRD-4 zoning. In 1984, the
project was placed in a SAD designation. An interpretation made
in 1986 determined that the project would remain valid
until 1988. tn 1988 an extension was granted. No site work has
occurred since 1983 and another extension has been requested.
Since the last extension the project has received a required
permit from SFWMD.
Pursuant to the proposed LDRs/any extension granted at this time
would not be eligible for another extension. Thus, if the
project does not become established prior to expiration of
another extension, a new application and complete upgrading to
the then applicable regulations will be required. At present,
the project is vested under terms of the County Traffic
Performance Standards. All other concurrency requirements of the
City's Comprehensive Plan are also met. Thus, the project could
commence construction with respect to concurrency.
As in 1988, the agent is seeking an extension for the site plan
as approved in 1983 i.e. no changes to development requirements.
.
City Commission Documentation
Consideration of a Request for Extension of Conditonal Use and
Site Plan Approval for the Isles of Delray S.A.D.
Page 2
Attached is the Planning and Zoning staff report of August 15,
1988, and the Planning and Zoning Staff Memorandum of August 20,
1990. These memos provide a complete description of the project
and current options.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this request at its
meeting of August 20, 1990. On a unanimous vote of 5-0, the
Board recommended the granting of a fifteen (15) month extension.
RECOMMENDED ACTION:
By motion, the granting of a fifteen month extension to the
conditional use and site plan approval for the Isles of Delray as
approved by SAD Ordinance 3-84, as extended by Ordinance 150-88.
Attachment:
* P&Z Staff Report (memo) of August 20, 1990
* P&Z Staff Report of August 15, 1988.
DJK/#71/CCISLES.TXT
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PLANNING AND ZONING BOARD NENORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
( CIT'.( OF DELRAY BEACH
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FROM: ~DA D J. KO~CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: AGENDA ITEM IV.E REGULAR MEETING OF AUGUST 20, 1990
CONSIDERATION OF A REQUEST FOR TIME EXTENSION FOR THE
ISLES OF DELRAY S.A.D.
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a request for an extension of approval for
a project subject to conditional use and site plan approval.
The project is the Isles of Delray, S.A.D.
I
BACKGROUND:
Attached is the staff report which was prepared for a previous
extension request which was before the Planning and Zoning Board
in August of 1988, and finally granted by the City Commission on
January 10, 1989.
The chronolcgy of events since the writing of that staff report
is as follows:
August 15, 1988: The P&Z Board recommended that a two year
extension be granted with a condition that within six months a
traffic study be conducted and the developer be responsible for
all off-site street improvements which are deemed appropriate.
The Board's recommendation was based upon the owner's position
that he has been a victim of the bureaucracy of permitting
agencies with respect to DER and SFWMD regulations. The Board
did not make required findings.
August 23, 1988: The item was not placed on the City Commission
agenda at the request of the applicant. A date of October 11th
was set for consideration.
October 11, 1988: The item was continued to November 8th at the
request of the applicant.
October 17, 1988: Following receipt of the City Commission
documentation which transmitted the Board's recommendation,
several Board members indicated their intent to have pursued an
alternative course of action 15. A reconsideration of the
recommendation was placed on this agenda; however, it was deemed
to be an improper item (procedurally) and was not considered.
~e:
P&Z Staff Report (U~) r-,
Co'nsideration of a kequest for Time Extension to!' the Isles of
Delray S.A.D.
Page 2
November 8, 1988: First reading of Ordinance 150-88, which
granted an extension, was approved with an added condition that
the developer participate in a pro rata share with the
installation of a traffic signal if one is warranted.
December 12, 1988: There was a modification to the enacting
ordinance and it was approved again at first reading. The change
dealt with traffic study requirements.
January 10, 1989: Second reading of the enacting ordinance was
held after a modification was made to have the traffic study be
provided concurrent with the plat submission. Approval was
granted. The ordinance granted an extension for 18 months from
January 10, 1989. It also referred to "all other terms and
conditions contained in Ordinance 3-84 ... to remain in full
force and effect". It has been interpreted to mean that the
project does not need to be upgraded to the then current
standards.
April 24, 1990: A request for excension was filed. That request
was for eighteen months "after all public facilities as to which
Concurrency applies are operating and available to the project at
the required Levels of Service. Also, that if after attaining
the required Levels of Service a pUblic facility falls below the
required Level of Service so the project cannot proceed, that the
18 months would be tolled and recommence again when all public
facilities are operating and available to the project at the
required Levels of Service".
The request was placed on a low priority for processing and has
now come before the Board for consideration.
An overall chronology for the project is as follows (see the
August 15, 1988, for details):
* Prior to 1983, a single family subdivision meeting R-1-AAA
standards existed
* October, 1983, approval was granted for a site plan under
PRD-4 zoning
* January, 1984, the project was converted to a S.A.D.
* May, 1986, it was determined that the site plan was to
remain valid for an additional two year period.
* March, 1988, an extension request was filed.
* January, 1989, the extension was granted with a new
expiration date of July, 1990.
* April, 1990, an extension request was filed.
.P&Z Staff Report ( --.. ( )
Consideration of a Hequest for Time Extension tor the Isles of
Delray S.A.D.
Page 3
Intervening Events: Since the last extension was granted, the
following events have occurred:
* The County Comprehensive Plan and concurrency programs have
been adopted.
'* The County Traffic Performance Standards and Municipal
Implementation Ordinances have been adopted (concurrency
implementation program).
'* The City's Comprehensive Plan has been adopted. The
following policies which pertain to extensions of previously
approved projects are contained therein:
Policy A-5.2 (Capital Improvement Element), in-part, states:
"Any conditional use and/or site plan which does not vest
itself pursuant to the land use regulations of the City
shall, at the time of its consideration of extension, be
subject to the provisions of Objective A-7".
ObJective A-7: "For any land use project which requires
review and action by the Local Planning Agency (LPAI or the
City Comm1ssion, the LPA shall review the project with
respect to all facets of the Comprehensive Plan. Upon such
review, the LPA shall provide findings addressing
consistency of the project with the Plan. A finding of
overall consistency must be made in order for the project to
be approved and shall include specific reference to the
manner in which public facility needs created by the project
will not exceed the ability of the City to fund and provide
or to require the provision of the needed capital
improvements. "
* With the adoption of the Comprehensive Plan, the Future Land
Use Map designation for this property changed from PRD-4 to
Low Density Residential.
PROJECT ANALYSIS:
Request: The extension request is for acceptance, as is, of the
1983 site plan; and, for an 18 month validity period which is not
to commence until Lake Ida Road is widened. Widening is
currently scheduled for FY 92/93. Thus, if approved as
requested, the extension would run until sometime in 1994 or
1995. (It's my interpretation that the Isles of Delray project
would not commence construction until after concurrency on the
road system was met. I
Previous position regarding uograding: By memorandum of August
10, 1988, the City Attorney provided "I concur with your position
that although this is a policy matter as to whether or not an
approval should be granted, no such approval should be granted
without there being conditions affixed thereto requiring
conformance with current applicable codes, as well as the
obtaining of any necessary variances from the Board of
Adjustment".
P&Z Staff Report ,- Il
\
Consideration of a Request for Time Extension fbr the Isles of
Delray S.A.D.
Page 4
Previous position regarding granting an extension: The
Director's position is the same as in 1988 i.e. that either
Alternative Action ~2 ( De n i a 1 ) or "5 (approval with a full
submission made within six months) are appropriate. There have
been no changes in the project nor has there been any new
submittal material provided in the intervening 18 months.
Implications regarding zoning map designation: A City-wide
revision to the Official Zoning Map is currently before the City
Commission. The action taken on the extension request will
affect the designation on the zoning map. At present the
proposed zoning map shows the property as PRD-4 (the base zoning
district under which the site plan was originally approved). The
Association representing the adjacent neighborhoods has requested
that the property be zoned R-I-AAA (i.e. the same as adjacent
properties). The project's agent has requested that the SAD
designation be retained.
If an extension is granted, the SAD designation should remain.
If an extension is not granted then any of the three designations
could be affixed. The Board has declared that it shall make a
recommendation as to the most appropriate zone district
designation concurrent with action on the extension request.
ASSESSMENT:
This project has already received two extensions and has a "life"
of seven years. During this period there has been no
construction undertaken with respect to implementation of the
approved site plan. There is no information in the file that
project planning activity has occurred since issuance of the DER
permit in October of 1987. The site has had a "for sale" sign on
it for many years. It appears that there is not a serious intent
to develop the property pursuant to the Isles of Delray SAD site
plan.
The site plan does not reflect a design which meets today's
development regulations. Upgrading to comply with current
codes is a part of the current land development regulations.
The requested extension is for a longer period of time. During
that period of time, the traffic count allocated to the project
is computed in traffic projections and, as such, diminishes the
potential for other projects to develop.
Rejection of the extension request is supported by provisions of
Section 173.849(B); by policy which does not accommodate more
than one extension: by requirements that a project be upgraded
to current codes; and by the fact that concurrency is not met in
terms of traffic performance standards compliance.
P&Z Staff Report , 1 (",
Consideration of a kequest for Time Extension tor the Isles of
Delray S.A.D.
Page 5
REQUIRED AND ALTERNATIVE ACTIONS:
A. An action is required on the extension request. Alternative
courses of action are the same as described in the August 15,
1988, staff report.
B. A recommendation as to the most appropriate zoning
designation to affix under the City-wide (LDR) rezoning is
necessary. Alternative designations are:
1- SAD (with or without a site plan)
2. PRD-4 (the previous zoning)
3. R-1-AAA (zoning identical to adjacent developed
properties to the north and east).
RECOMMENDED ACTIONS:
By separate motions:
A. Forward a recommendation to the City Commission that the
extension request for the Isles of Delray S.A.D. site plan and
conditional use approvals be denied based upon:
1. a failure to make satisfactory findings with the
standards for evaluating conditional use and site plan
requests.
2. a finding that the project has not shown satisfactory
progress in the pursuit of necessary development
approvals e.g. platting, SFWMD Permit, and detailed and
coordinated site development plans.
3. a finding that concurrency is not met with respect to
traffic conditions on Lake Ida Road which is presently
operating below an acceptable level of service.
4. a finding that the proposed development does not comply
with development regulations and standards which have
been adopted since the initial approval (19831 and that
upgrading to current regulations is a development-
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ROGER G. SABERSON. P.A.
DF.l.RA," E.'l(r.cmn'E Po,^I.L
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lJELRA Y REACH. fU)flIDA JJ444
(:105) 272~16
April 24, 1990
Mr. David Kovacs, Planning Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: APPLICATION FOR EXTENS ION OF TIME FOR THE SITE AND DEVELOPMENT PlAN AND
CONDITIONAL USE APPROVALS - ISLES OF DELRAY (ORIGINAL APPROVAL IN ORDINANCE 3-
84 AND AMENDED IN ORDINANCE 150-88)
Dear Mr. Kovacs:
Please consider this letter a formal application for an extension of time
for the Site and Development Plan and Conditional Use Approvals for the Isles
of Delray Project referenced above. The extension of time requested is to allow
both approvals to remain in effect for a suffic ient time period so that an
additional eighteen (18) months will elapse for both the Site Plan and
Conditional Use Approvals after all public facilities as to which Concurrency
applies are operating and available to the project at the required Levels of
Service. Also, that if after attaining the required Level of Service a public
facility falls below the required Level of Service so the project cannot proceed,
that the 18 months would be tolled and recommence again when all public
facilities are operating and available to the project at the required Levels of
Service. I
, '. ".1 , , . ,.
Co-Counsel with me on this request is Mr. Al Malefatto, Shapiro & Bregman, '.
P.A. , Phillips Point, 777 S. Flagler Dr., Suite 310 East, West Palm Beach, FL
33401. Please send a copy to Mr. Malefatto of all correspondence, staff reports, ( r.,
etc. with regard to this request.
It is my understanding based on previous practice, which was confirmed in
a telephone conversation this morning by Jasmin and Paul in your office, that
there is no specific form of application for an extension request and that a
letter will suffice.
We appreciate your cooperation in regard to this matter, and if you have
any questions concerning the request please don't hesitate to call me.
Sincerely yours,
(jb'fvtM~
ROGER G. SABERSON
-"
cc: Mr. Gilbert Goldstein ".RECEIVED"':
Al Malefatto, Esquire
,
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I 1m 2 4 90
rLANNING & zot'-:!::
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PLANNING 8 ZONING BOARD
CITY OF DEL RAY BEACH
- -- STAFF REPORT
- --
MEETING O1TE : AUGUST 15. 1988
AGENDA ITEM: IV. C
CONSIDERATION OF A REQUEST FOR TIME EXTENSION OF SITE PLAN APPROVAL FOR
ITEM: ISLES OF DELRAY RESIDENTIAL DEVELOFHENT ON THE NORTH SIDE OF LAKE IDA ROAD.
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GENERAL DATA:
OWner. . . . . . . . . . . . . . . . . . . . . . . . . . . De 1 ray Is 1 a nd s , Inc.
Agent...........................Roger Saberson
Location........................Horth side of Lake Ida Road
between the L.W.D.D. [-4 Canal
and Lake Ida Shores.
Property Slze...................14.17 Acres (251,500 Sq. ft.)
City Land Use Plan..............PRD-4 (Planned Residential -
4 unlts/acre)
City Zoning.....................SAD (Speclal Activities District)
Adjacent Zoning.................ttorth and east of the subject
property is zoned R-l^^^ (Single
Family Residentlal). South is
zoned R-IA and west is zoned
R.lAA.
Existing Land Use...............Vacant land
Proposed Land Use...............148 unit dcvelcr~ent comprising
of (zero-lot line) ratio homes,
to~nhouses and villas.
Water Service................. ..Partially served by City mains. / .-
ITEM:f,. L
Sewer Service.................. .Partially served by City mains.
I I ( ,
".
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a request for an extension of approval for
a project sUbject to conditional use and site plan approval.
Code Sections l73.849(B) and 173.868(B) set forth the
procedures and requirements for consideration of extensions.
Code Sections 173.848 and 173.867 set forth the standards
upon which the decision to grant the request must be
weighed.
The project is the ISLES OF DELRAY S.~.D. This S.~.D.
involves a granting of conditional use and a site and
development. plan, each of which is governed by the above
noted code sections.
BACKGROUND:
Prior to 1983, the land known as Isles of Delray had ~ I
development plan for one hundred (100) single family lots. Th t
lot sizes ranged from 15,000 sq. ft. to 23,000 sq. ft. During ,
the review and approval of the subdivision, there was
considerable focus upon traffic circulation as it relates to
accessing developed property to the east. During the review '"'
process, a connection of N.W. 8th Avenue to Lake Ida Road was
rejected, and then a connection of Enfield Road between the
projects was rejected. The resulting pattern is what exists
today -- a single access to Lake Ida Road at the west end of the
property. Water and sewer mains were installed and some street
paving was completed. Thirty-eight (38) lots were platted. Five
( 5 ) homes were constructed.
In 1983, a development proposal (PRD-4) consisting of the
following elements was put forward:
- 40.73 acres of the original development was involved
(fourteen -14- of the original single family lots are
not included, there are homes on five -5- of those
lots) ;
- 106 zero lot line units and 48 townhouse units;
- provision of a water feature by widening the canals to
sixty feet (60'), providing a boat loading area, and
providing water access to Lake Ida;
- provision of a recreation center in the southeast
portion of the site; and,
- relocation of the access to a point across from
Roosevelt Avenue.
. .
To: Planning an ning Board \
Re: Conditional Use and Site Plan Approval --Isles of Delray
Page 2
When this proposal was before the Planning and Zoning Board,
concerns of density, potential for low income housing, and a
demand for a six foot wall and a twenty-five foot buffer between
existing development and the proposed development were aired.
Specific opposition was aired about the multiple family units,
use of canals, traffic impacts upon Lake Ida Road, and the
location of the recreation facilities in the southeast portion of
the site. During the debate, it was noted that the proposal had
a density of 3.8 units per acre, which is a density typical of
R-I-AA zoning. In July, 1983, the Planning and Zoning Board on a
4-3 vote recommended approval of PRD-4 as a Land Use Plan
Amendment and as a rezoning.
On October 25, 1983, the City Commission on a 3-2 vote approved
the Land Use Plan Amendment, the rezoning, and a site plan. The
site plan was to expire on May 4, 1985.
Immediately thereafter, the City Commission (with concurrence of
the property owner) initiated a rezoning to S.A.D. At a December
19, 1983, Planning and Zoning Board hearing the rezoning was I
recommended for approval on a 6-1 vote subject to certain I
modifications being made and other conditions being imposed. The
most significant of these were: . I
- varying of setbacks,
- at least four housing styles with no two identical
styles next to one another,
- a reversion clause to R-1-AA,
- an eighteen month time limitation,
- a 10% reduction in unit count, and
- relocation of the recreational facilities including the
elimination of tennis courts.
On January 24, 1984, the City commission approved the 5.A.0.
zoning on a 3-2 vote and imposed the following:
- a reduction of four ( 4 ) units
- platting
- provision of a traffic impact analysis
- dedication of right-of-way for N.W. 8th Avenue
- relocation of recreation facilities
- approval to run from twenty-four months from the time a
building permit is issued.
The Director of Planning made an interpretation of the last item
to mean twenty-four months from the date of site plan approval,
and in May, 1986, the City Commission considered the question of
the validity of the project's approval. On May 13, 1986, a
determination was made that the site plan would remain valid for
a two year period. That approval would have expired on May 14,
1988; however, an agent filed for an extension in a timely
manner. Since the extension request was properly filed, the
To:. Planning and . .11g Board ,
Re: Conditional Use and Site Plan Approval - ~sles of Delray
Page 3
conditional use and site plan remain valid while the request is
under consideration.
PROJECT ANALYSIS:
Applicable Regulations, Criteria, and Procedures: Code Section
173.El49(B)(3)(b) applies in that no development has occurred under
the approved site plan. This section provides:
If... The application shall be evaluated in accordance with
the criteria set forth in 173.848 which relates to an
original application for conditional use approval. If an
application is to be analyzed under this division, the
Planning Director may require the submission of such
additional and current information as he may deem
appropriate to evaluate the application. "
. . .
In analyzing a request for extension the normal points which are
addressed include: ( I
f
1. Has there been progress made in the project's . f
continuing review and approval process?
2. Have there been changes to the City's development
regulations which affect the project?
3. Have there been changes in circumstance which affect
the standards of Sections 173.848 and 173.867?
Recent changes to the City's zoning code have made it clear that
compliance with current standards is mandatory.
Progress regarding the continuing review and approval process:
Some of the major aspects of the continuing review and approval
of the Isles of Delray site and development plan include water
management plan approval, a traffic study (condition of
approval) , and platting. Each of these major items are addressed
as follows:
Water Management Plan: Conceptual approval of the
project's surface water management plan was granted by the
South Florida Water Management District (SFWMD) on March 29,
1984. That approval was valid for a period of two years.
Thus, it expired in 1986.
Related to the water features of the development plan is the
need for a State Department of Environmental Regulation
(DER) permit for revisions to the canal system, making the
connection to Lake Ida, constructing the boat dock facility,
storm water system modifications, and an aquatic planting
program. This permit was approved in October, 1987, and is
To: Planning an ' ling Board '
Re: Conditional use and Site Plan Approval Isles of Delray
Page 4
valid for five years. However, a condition of approval of
this permit is the approval of the water management plan
identified above.
Traffic Study: Subsequent to the S.A.D. approval, a traffic
study was provided to the City Engineer. The focus of that
study was only upon the need for signalization at Lake Ida
Road and Roosevelt. At that time the study concluded that a
signal was not warranted. Since four years have passed
since that analysis, it is appropriate to revisit
signalization and overall traffic impacts (pursuant to new
standards) concurrent with consideration of this extension
request. However, the agent for the project requested that
a traffic study not be required preceding consideration of
the extension based upon a position that if the project is
denied for other reasons, the study would have been a waste
of resources. Instead he proposed that if an extension is
granted, a traffic study would be provided within six months
and additional conditions of approval could be imposed upon
the project, at that time, based upon the determinations Of, I
the traffic ~tudy 1correspondence from Saberson to Barry, I
City Manager, dated May 31, 1988). , I
Platting: No submissions have been made relative to
platting. A property survey was requested as a part of the
extension request submittal. The agent sought deferral of
such a survey pending approval of the extension request and
was granted it administratively (see above reference).
Changes to City Development Regulations:
The site and development plan as approved by the City Commission
in January, 1984, was assessed by the City Administration as a
part of the extension review process. The following major items
were noted:
Streets and sidewalks: The street system was proposed to be
private; however, fourteen lots which are not a part of the
Isles of Delray have their access through the project. This
is not a desirable practice. Either very special
provisions must be made for this circumstance or a public
street should continue to serve the existing lots.
Sidewalks are not provided on both sides of the street
system. In some cases sidewalks are placed adjacent to the
street pavement (a two foot green area is required). Proper
waivers were not granted previously. Given the proposed
improvements and traffic pattern (vehicles and pedestrians),
the staff consensus is that the full right-of-way (or
private street section) of fifty feet (50') with sidewalks
on both sides should be provided. In limited areas only
would a waiver to the sidewalk requirements be considered.
To: Planning ant '_ng Board , \
Re: Conditional use and Site Plan Approval . Isles of Delray
Page 5
Parking: The project provides two parking spaces for each
townhouse unit. Further these spaces are provided in
tandem. Current requirements are for 2.5 spaces for the
townhouse units, and tandem parking is not acceptable for
meeting parking requirements. Accommodating current
standards will necessitate redesign and/or reduction of
units.
Backing from the on-site parking area provided for townhouses
into the street system is not allowed - backing into the
aisle system of a parking area is allowed. Backing into the
street system occurs along Maple Leaf Way. Accommodating
current standards will necessitate redesign and/or the
reduction of units.
Proper back out maneuvering areas ( 6 ' x 24') are not
provided at the recreation center and within the townhouse
areas.
Traffic Impacts: The current traffic count on Lake Ida
Road is 13,260 AOT (measured east of 1-95). The threshold (
for LOS "0" is 13,100 AnT (traffic report prepared for
Sherwood Forest) for a facility like Lake Ida Road. In that
Lake Ida Road is beyond the threshold of LOS "D", Isles of
Oelray is to be required to provide appropriate upgrading
of Lake Ida Road westerly to Congress.
Landscaping and Irrigation: The PRO concept requires a
central irrigation system. While a note is provided to this
effect, irrigation system plans have not been provided.
Details of the landscaping along Lake Ida Road have not been
provided. A ten foot landscape area is required and is not
provided. Hedging is provided instead of a wall. single
family lots abut Lake Ida Road thus calling into question
maintenance responsibilities for the perimeter landscaping.
Each of these matters needs to be addressed as a part of an
approval (or extension) action.
Tree spacing along Lake Ida Road exceeds the maximum
permitted of forty feet on center. A tree survey and an
attempt to incorporate existing vegetation into the
development plan are not reflected in the materials which we
have.
Docks: A docking area is shown on the site plan but is not
provided for on the landscape plan. The area shown on the
site plan does not provide for maneuvering of vehicles or
for adequate access to the water.
Utility Systems: Lift station "11, which serves this
project, will need to have its pumps upgraded to accommodate
projected flows. Also, several manholes will need to be
relocated.
To: Planning anl , ling Board ! ,
Re: Conditional Use and Site Plan Approval - Isles of Delray
Page 6
Lot Layout: Several lots may have problems with either
setbacks or frontage. Lots 7, 8, 9, & 10 appear to use
cul-de-sac standards which are not appropriate for them.
Similar situations occur elsewhere. Distances between
townhouses may not be consistent with code; calculations
must be provided.
In addition to the above items, there are numerous technical
items which would be required on the site plans were this a
submittal being made in 1988. The approved plan is only slightly
more than a concept plan. It does not reflect current standards
for a complete submission.
Standards for Evaluating Conditional Uses (173.848): At the time
of initial approval, there was no written analysis of these
standards; thus, each standard is assessed for purposes of this
review.
( 1 ) Ingress and Egress: The aligrunent of the entry with
Roosevelt Avenue is unsatisfactory. Even withoul
benefit of a traffic study, it is evident that change
will need to be made to the aligrunent of Roosevelt.
, These changes are the responsibility of Isles of
Delray.
Emergency access is not adequate; however, this can be
accommodated by providing a stabilized sod base over the
play area between the "Enfields".
Pedestrian movements are not accommodated in a safe and
convenient manner. Sidewalks are not provided along the
recreation area. Automobile facilities are not
provided for the dOCking area.
( 2 ) Off-street Parking: These requirements are not met.
Please refer to the section pertaining to current
requirements for details.
( 3 ) Refuse and Service Areas: The location of the
dumpsters require garbage trucks to back through
traffic areas. Dumpsters need to be relocated and
appropriate screening provided for them.
( 4 ) Utilities: The sewer system needs upgrading through
the relocation of some manholes and pump upgrading at
lift station M11.
( 5 ) Screening: The required landscaping area along Lake
Ida Road is not provided. Specific provisions for
maintaining perimeter landscaping has not been
provided.
( ,
'Te: Planning and. .1g Board
Re: Conditional Use and Site Plan Approval - ~dles of Delray
- _. - n
To: Planning anI.. :>ning Board
Re: Conditional Use and Site Plan Approval - Isles of Delray
Page 7
There is no fencing or hedging, nor is there extensive
landscaping between this project and existing
development to the north and east; however, there is a
separation provided by the canal system.
( 6 ) Signs and exterior lighting: No signing or lighting
details are provided. Lighting at the tennis. court may
affect traffic along Lake Ida Road.
( 7 ) Required setbacks and open space: The open space
requirements of the PRD-4 zoning (original approval)
are met through the inclusion of the water areas. Open
space for actual use are limited to the recreational
complex and an open ar\ea in the southeast portion of
the site. As laid out the site is not conducive to a
resident other than one without children i.e. will
cater to either a retired or singles market.
Setback compliance on several lots is questioned. See
comments under current standards for details. t
( 8 ) General Compatibility: There is no interaction
between this project and adjacent property except
through use of the canal system. The housing type and
overall density is not inconsistent with adjacent
residential uses.
( 9) Height and general harmony: No apparent problems or
conflicts exist.
(10) Economic effects on adjacent and nearby properties and
the City as a whole: If this project were actually
developed it would have a positive impact upon adjacent
properties and the city. At present the site is an
eyesore and is not well maintained. Attempts to have
the owner improve the appearance along Lake Ida Road
have met with difficulty. This property is in a state
of deterioration, almost any type of development upon
it would be beneficial from an economic impact
perspective.
Standards for Evaluating Site and Development Plan Applications:
At the time of initial approval there was no written analysis of
these standards; thus, each standard is assessed for purposes of
this review.
( A) SUfficiency of Statements and Graphic Materials: The
submission is sufficient to determine that the project
does not comply with current codes. Additional
information and greater detail is necessary to provide
a complete analysis and plan check of the site and
. . . - .. - '- _...L___.l__ J_ ________..a_~ I ...
, a.,. ~...,
should b~ conditioned that I ,
a subm_ sion which meets
current standards is made and evaluated i.e. a short
term extension allowing for submission and review of
more detailed plans.
The agent has proposed that if an extension is granted,
a full traffic study, a proper survey, a complete CAB
submittal, and a tree survey will be provided within
six months.
(B) Density and impact upon adjacent property: The
proposed density is is 3.8 which is consistent with the
potential under the zoning which exists upon adjacent
properties.
(C) Ingress and Egress: This standard is not
adequately met. See item II under Conditional Use
Standards for details.
(D) Off-Street Parking: This standard is not adequately (
met. See item 12 under Conditional Use.Standards for
details. I
(E) Screens and Buffers: This standard does not appear to
be adequately provided for. See item *5 under
Conditional Use Standards for details.
(F) Drainage: A conceptual water management plan was once
approved by SFWMD but has subsequently lapsed.
Drainage is a technical matter which can be
accommodated through proper engineering and would be
specifically addressed with a plat submission.
(G) Sanitary Sewer: Pumps in lift station III must be
upgraded to accommodate this proposed development.
Existing manholes should be relocated in some
instances.
Overall plant capacity is adequate to accommodate the
proposed development.
(H) Utilities: Other utilities appear to be able to
accommodate the proposed development.
( I ) Recreation and Open Space: Open space is provided by
the water features of this proposed development.
Active recreation is provided through tennis courts and
a building/pool area. In addition, a vacant area is
provided in the southeast part of the site. Ten boat
docks are to be provided (per DER permit) at a central
Ia
Planning and' ,
. To.: 1 g Board )
Re: Conditional Us~ and Site Plan Approval - _~les of Delray
Page 9
location, but no provision is made for embarking boats
or providing vehicular access to the boat dock area.
As designed, the project will tend to market toward a
retired, semiretired or singles market.
(J) Overall Site Development: The proposed development is
unique and interesting. It provides for a mix of
housing types and provides a unique water amenity with
direct water access to Lake Ida. If upgraded to
today's standards and then built, this project may be
an asset. to the community and the inunediate
neighborhood.
PROJECT ASSESSMENT:
Unfortunately, it appears that the project was reviewed at a
"conceptual level" during its initial approval and many details
which are necessary to make it truly workable have not been
addressed thoroughly. (Perhaps this is a factor in the project
not being developed.) That possible situation coupled with the
project being significantly out of compliance with today's codes (
dictate that the extension request cannot be approved without
upgrading. ,
Another aspect of this project is just what does an action to
grant or deny the extension mean. Consider the following:
Approval: An approval cannot be granted without also having
the Board of Adjustment grant numerous variances. The
variances are not justified since the project involves new
construction. Thus, an "approval" can only be given with
conditions which require compliance with the City's
development requirements. One of these requirements is
that the project not be constructed until Lake Ida Road is
improved between 1-95 and the project's entry (or that the
developer provide such improvement). Compliance with other
requirements will either dramatically change the design of
the project or will result in a significant reduction in the
number of units if the same design concept is maintained.
Denial: Denial of the extension will result in SAD zoning
without a site and development plan. Future development
would be subject to a site and development plan review at a
pUblic hearing (processing would be as a major modification
to a conditional use). The guide for future development
plans would be the underlying PRD-4 designation on the Land
Use Map.
If a denial is made, the Board might also consider the
appropriateness of rezoning the property. options are
PRD-4, which is shown on the Land Use Map, or R-l-AA, which
was the zoning prior to the 1983 map. Neither of those
designations provide sufficiently more direction than
leaving the status quo (SAD without a plan).
'To: Planning and . .01g Board \
Re: Conditional Use and Site Plan Approval - .~les of Delray
Page 10
Reverting to R-1AA may end up being the most cost-effective
manner to develop the site since the infrastructure for the
original subdivision is essentially in place and since there
is a continuing market for single family detached
dwellings/lots.
ALTERNATIVE ACTIONS:
1. Continue with concurrence and direction.
2. Recommend denial based upon a failure to make satisfactory
findings with the standards for evaluating conditional use
requests and site and development plans with specific
reference to those standards pertaining to:
a) off-site traffic conditions (LOS on Lake Ida Road and
the geometries of the Roosevelt/Entry Road);
b) off-street parking and internal traffic and pedestrian r
matters;
,
c) inadequacy of screening from existing residences to the
north and east;
d) insufficient capacity in lift station *11 to
accommodate sewage flows and not proposal to increase
capacity;
e) improperly designed and screened refuse areas;
f) inappropriate open space and recreational facilities in
terms of the housing market which is desired by the
City, i.e., young families and a lack of adequate
facilities at the docking area; and
based upon the fact that the proposal has not shown
satisfactory progress in pursuit of necessary
development approvals, e.g. , platting, SFWMD permit,
and detailed coordinated site plans.
3. Recommend approval for a time certain without any further
submission or conditions except that whenever the developer
wishes to proceed with the project, development plans
(architectural, site, landscaping, subdivision, engineering)
which comply with the City's development regulations must be
submitted and appropriately processed.
This alternative is not recommended in that it leaves the
project open mainly as a speculative venture and does not
provide the City with a realistic map of the type of
development which may occur on the property. In addition,
,
'To: Planning and . &.Lng Board I ~
Re: Conditional Use and Site Plan Approval - Lsles of Delray
Page 11
it has the potential to politicize the processing of future
development plans, since (in all likelihood) an agent will
argue that the project is vested in the 1983 plans because
an extension was granted.
4. Recommend approval for a time certain for the plan as
previously approved.
This alternative is not possible since the City's codes
require compliance with existing codes and the project does
not so comply. If the developer wishes to proceed with this
option, he should seek variances from the Board of
Adjustment prior to action by the Planning and Zoning Board.
5. Recommend approval subject to conditions. Such an action
would be based upon a determination that compliance with all
the conditions will mitigate adverse findings. The
conditions would include the following:
a) that within six months (of City commission action) the r
following items must be provided, and accepted as I
sufficient for processing and action, pursuant to
procedures for a major modification of a conditional
use:
- normal submission items;
- a traffic stUdy conducted, pursuant to Palm Beach
County's Traffic Performance Ordinance, and a
commitment by the developer to proceed with all
off-site improvements which are deemed necessary
to have Lake Ida Road and the intersection with
Roosevelt at LOS "e" throughout construction of
the project up to, and including, its completion:
- a complete tree survey and adjustments to the site
plan to accommodate significant vegetation which
exists;
- a complete C.A.B. submission package, including
colored elevations and sample board(s);
- a coordinated submission of site and landscaping
plans which accommodate the City's current
development regulations, which provide vehicular
and pedestrian access to the docking area, and
which adequately address screening from exiting
residential areas.
And, upon acceptance the above shall be processed and
subject to an action of denial or approval or approval
subject to conditions;
.
To: Planning anc .ling Board \
Re: Conditional use and Site Plan Approval . Isles of Delray
Page 12
b) that a preliminary subdivision plat submission be made
concurrent with the new site plan submission;
c) that a new SFWHD water management plan be obtained
within the six month period.
d) that a failure to make the above submission within the
six month period shall render this extension void: but
the owner may make a similar conditional use and site
and development plan submission at any time that is
deemed appropriate and timely, i.e., the voiding of
the existing conditional use and s1te plan is made
without prejudice.
RECOMMENDED ACTION:
As of the writing of this staff report, the Director of r
Planning
and Zoning supports either alternative actions *2 or *5 as
described above.
A further recommendation may be provided after consultation with
the City Attorney and public comment.
Attachment: Reduction of General Site Plan
REF/DJK*27/C:ISLESEX.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .~'l-~
SUBJECT: AGENDA ITEM # 9(j - MEETING OF SEPTEMBER 11 , 1990
FINAL PLAT APPROVAL
DATE: September 6, 1990
We received a request for final plat approval for a proposed four unit
(two townhomes) development (Nassau Point Townhomes) to be located at
the southwest corner of A-1-A (Ocean Boulevard) and Nassau Street.
The development proposal for this project is to subdivide a 0.453 acre
parcel into four fee-simple lots. The common central parking area has
been dedicated as an easement for ingress/egress, drainage and
utilities. A six foot public utility easement along the south
property line, additional right-of-way along Nassau Street and 10 feet
of right-of-way along Ocean Boulevard has also been provided.
The Historic Preservation Board at their August 15th meeting, reviewed
and approved a request for a Certificate of Appropriateness (COA) to
construct the townhouse uni t s . Additionally, they recommended, the
Commission waive the required sidewalks on both Nassau Street and
Ocean Boulevard. The Planning and Zoning Board at their August 20th
meeting approved the preliminary plat and certified the submission as
a final plat. They also recommended waiver of the sidewalk
installation requirement.
Recommend approval of final plat for Nassau Point Townhomes.
.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
D~ ,J )L~P~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 11, 1990
FINAL PLAT FOR NASSAU POINT TOWNHOMES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the Nassaue Point Townhomes.
This project is a four unit (two duplex) townhome located at
the southwest corner of Nassau Street and A-1-A.
BACKGROUND:
While this site has had a stormy early history (three years ago),
this most recent development proposal has received a Certificate
of Appropriateness from the Historic Preservation Board, has
received variances after due notice to adjacent property owners,
and is now ready to proceed to development.
Please refer to the Planning and Zoning staff report for a fuller
description of the project and its assessment. Site plan
approval was not required.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, at its meeting of August 20th,
1990, approved the preliminary plat and certified the submission
as a final plat. Conditions prerequisite to City Commission
consideration have been met. The Board also recommended waiver
of sidewalk installation along both Nassau Street and Ocean
Boulevard.
RECOMMENDED ACTION:
By motion, approval of the final plat for the Nassau Point
Townhomes and the waiver of installation of sidewalks along
Nassau Street and Ocean Boulevard.
Attachment:
* P&Z Staff Report of August 20th
=?LR'\JN'I NG B ZONING BOARD STAFF
- -- REPORT - --
=ITY OF OELRAY BEACH
MEET ING rnTE: AUGUST 20, 1990
AGeo:l ITEM: IV.B.
ITEM: FINAL PLAT, NASSAU POINT TOWNHOMES SUBDIVISION, LOCATED AT THE SOUTHWEST
CORNER OF A-1-A AND NASSAU STREET
24 -- r I I
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.
~ENERAL DATA:
Owner.......................... .See attached list
Agent. . . . . . . . . . . . . .. . .. .. ...... . Robert E. Fetrow, Gator
Engineering Services,
Incorporated
Location........................Southwest corner of AlA and
Nassau Street
Property Size................... .45 Acres
City Land Use Pian..............Hedlum Density Residential 5-12
units/acre
Existing Zoning.................RH-15 (Multiple Family Dwelling
District)
Proposed Zoning (LDR.S).........RM (MultJple Family
Residential-Medium Density)
Adjacent Zoning.................north and South of the subject
property is zoned RM-15, East is
the Atlantic Ocean, and West is
zoned R-IA (Single Family
Dweliing District)
Existing Land Use...............Vacant Land
Proposed Land Use... ............four Townhomes
Water Service...................6.. water main along the south
property line
Sewer Service.................. .S" sanitary sewer along Nassau ITEM: IV.B.
Street
ITEM BEFORE"THE BOARD
The action before the Board is that of approval of a preliminary
plat and certification of the preliminary plat as a final plat for
the Nassau Point Subdivision. The 0.453 acre parcel is located at
the southwest corner of Ocean Boulevard (A-I-A) and Nassau Street,
within the RM-15 zoning district and the Nassau Street Historic
District.
BACKGROUND
At the end of April 1987, a preliminary plat was submitted for the
Jason's Terrace subdivision, a development consisting of six
townhouse units with fee-simple ownership. The preliminary plat was
before the Planning and Zoning Board at its meeting of July 20,
1987, at which time, after some discussion regarding the proposal,
the item was continued to the August 28th meeting. At that meeting,
the Planning and Zoning Board denied the request for preliminary
plat approval, based upon the failure of the proposal to provide
adequate right-of-way dedication along Nassau Street.
On January 12, 1990, the City Commission adopted Ordinance 97-87,
which created the Nassau Street Historic District. The properties
within this district are those located along Nassau Street.
Any development within a historic district requires an application
for a Certificate of Appropriateness be approved by the Historic
Preservation Board.
On August 4, 1988, an application for a Certificate of
Appropriateness was submitted for a four unit townhouse development.
At its meeting of January 20, 1989, the Historic Preservation Board
approved a C.O.A. (Certificate of Appropriateness) for the Nassau
Point Townhomes proposal which consists of four townhouse units in
two duplex structures. The approval was subject to the condition
that variances being granted by the Historic Preservation Board.
At its meeting of April 21, 1989, the Historic Preservation Board
granted the variances as requested in Petition 88-4. The variances
related to the reduction of building setbacks, swimming pool
setbacks and parking requirements.
On July 6, 1990, a petition for preliminary plat approval was
submitted and is the proposal before you.
In reviewing the petition, staff examined the Historic Preservation
Ordinance of the Code, in regards to time limitations on C. 0 . A. ' s .
Pursuant to Section 173.32(F), construction for which a C.O.A. is
issued shall commence within eighteen ( 18) months from the date of
issuance, or the certificate shall expire. On July 20, 1990 the
C.O.A. expired.
The applicant resubmitted an application for a C.O.A. on August 7th
and appeared before the Historic Preservation Board at its meeting
of August 15, 1990. At the meeting of August 15th, the Board
approved the request for a C.O.A.
. P&Z Staff Report
Final Plat - Nassau Point
Page 2
PROJECT DESCRIPTION
The development proposal is to subdivide a 0.453 acre parcel of land
into four fee-simple lots. The common central parking area has been
dedicated as an easement for ingress/egress, drainage and utilities.
A 6' public utility easement along the south property line has been
provided. Additional right-of-way along Nassau Street, which
results in one half of the required 50' road section, has been
provided. Along Ocean Boulevard an additional 10' of right-of-way
has been provided.
PLAT ANALYSIS
Water Service:
Existing 6" water mains are located along Ocean Boulevard and along
the south property line. The water service is provided via a 2"
lateral extension from the existing 6" water main located along the
south property line.
As there are no fire hydrants located in the immediate area to serve
the site, a fire hydrant is required. Revised water and sewer plans
submitted on August 9, 1990, provide a fire hydrant at the southeast
corner of the site within the right-of-way of Ocean Boulevard.
Installation of the fire hydrant within the Ocean Boulevard
right-of-way requires permits from the County Health Department
(H.R.S. ) and F.D.O.T. (Florida Department of Transportation). Prior
to City Commission action on the final plat these permits must be
received by the Planning Department.
Sewer Service:
Sewer service is provided via an 8" sanitary sewer main located
along Nassau Street. The applicant is proposing to install 6" sewer
laterals to serve each unit.
Drainage:
Drainage is to be accommodated via swa1e retention areas. Drainage
easements have been provided where drainage will flow across
individual lot lines.
P&Z Staff Report
Final Plat - Nassau Point
Page 3
Acce!5s:
The proposed plat indicates all four lots will have direct access
to Nassau Street via an ingress/egress easement.
Pursuant to Code Section 172.17(A)(1), a 5 ' sidewalk is required
along Nassau Street and Ocean Boulevard. On August 9, 1990, the
Planning Department received a request for a waiver to the above
Code section, in that no sidewalks currently exist along Nassau
Street or Ocean Boulevard. Staff is supportive of a waiver to the
sidewalk requirement along Nassau Street to preserve the historic
character of Nassau Street. However, sidewalks do exist north and
south of the property along the west side of Ocean Boulevard.
Therefore, it would be appropriate to require the installation of a
sidewalk along Ocean Boulevard.
TECHNICAL ITEMS:
1- On the Paving and Drainage Plan (Sheet 1 of 6) indicate the
following:
a. A 5' sidewalk along Ocean Boulevard.
b. On the roadway (Nassau Street) widening detail.
1- Pavement width of 12'.
2 . Limerock versus shellrock.
3. The base at 6" beyond pavement and subgrade 6" beyond
the base.
2. Provide verification from the Public Utilities Department that
the size of the water line along the south property line is 6".
If the water line is less than 6", upgrading of the line to a
minimum of 6" will be required.
3. Relocate the proposed backflow preventer within the
ingress/egress, drainage and utility easement.
4 . Provide verification from the Public Utilities Department that
locating fences within the 6' utility easement is acceptable.
If it is unacceptable, delete the fences within the easement on
the paving and drainage plan.
. P&Z Staff Report
Final Plat - Nassau Point
Page 4
REVIEW BY OTHER:
Historic Preservation Board:
At its meeting of August 15, 1990, the Historic Preservation Board
reviewed and approved the request for C.O.A. to construct four
townhouse units. The Board recommended that the City Commission
grant the waiver as requested by the Applicant not to provide the
sidewalks along both Nassau Street and Ocean Boulevard.
ASSESSMENT:
The plat itself is fairly straight forward, however some minor
technical items need to be addressed. A subdivision of three ( 3 )
lots or more is considered a major subdivision, requiring both
preliminary and final plat approval. This submittal is adequate to
be approved as a preliminary plat and certified as a final plat. As
a final plat cannot be approved by the City Commission with
conditions, F.D.O.T. and H.R.S. permits must be received and all
technical items must be addressed prior to scheduling for City
Commission action.
Items to be Resolved:
The Board should provide direction on the applicant's request for a
sidewalk waiver from Section 172.17(A)(1) both Nassau Street and
Ocean Boulevard. Staff supports a waiver of the Nassau Street
sidewalk only.
ALTERNATIVE ACTION:
1. Continue with direction and concurrence.
2. Recommend approval of the preliminary plat for Nassau Point and
certification of the preliminary plat as a final plat subject
to conditions.
3. Recommend denial of the preliminary plat for Nassau with the
basis stated.
RECOMMENDED ACTION:
By seperate motion; First ~~ approv~ of the preliminary plat
for Nassau Point and certification of the preliminary plat as a
final plat subject to the following being addressed prior to
scheduling for City Commission action on the final plat:
P&Z Staff Report .
Final Plat - Nassau Point
Page 5
^~
*~ . ~~
A. ~R.S. permit\~equired for installation of therfire hydrant ~
must be received. J
B. F.D.O.T. right-of-way permit required for construction within
the Ocean Boulevard right-of-way must be received~C\ ~ C.C),
C. 1- On the Paving and Drainage Plan (Sheet 1 of 6) indicate the
following:
il A 5' sidc'./al)( along Oceah Boulevard.
b. On the roadway (Nassau Street) widening detail.
1- Pavement width of 12' .
2. Limerock versus shellrock.
3. The base at 6" beyond pavement and subgrade 6"
beyond the base.
2. Provide verification from the Public Utilities Department
that the size of the water line along the south property
line is 6". If the water line is less than 6", upgrading
of the line to a minimum of 6" will be required.
3. Relocate the proposed backflow preventer within the
ingress/egress, drainage and utility easement.
4 . Provide verification from the Public Utilities Department
that locating fences within the 6' utility easement is
acceptable. If it is unacceptable, delete the fences
within the easement on the paving and drainage plan.
Then, recommend a waiver to Code Section 172.17(A)(1), from the 5
ft. sidewalk requirement along Nassau Street.
Attachments: Final Plat
Paving and Drainage Plan
REF/JC#4/NASSAU.TXT
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August 9, 1990
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Attention: David Kovacs
HE: Waiver of Sidewalk Requirements for Nassau Point
Townhomes
Dear Mr. Kovacs:
As per the comment sheet created by Jeff Costello dated July
27, 1990, it was requested that a 5 foot wide sidewalk be
installed in the right-of-way area along Nassau Street and
Ocean Blvd. (State Road AlA) . This letter is a formal
request that this requirement be waived for the following
reasons:
1 ) No sidewalk is presently provided in both the north and
south direction of Ocean Blvd. along this side of the street.
2) Sidewalk is provided across the Ocean Blvd. along the
beach frontage.
3) No sidewalk is presently provided on both sides of Nassau
Street for the entire street length.
If you have any questions in regards to this letter, please
feel free to contact me.
- .-. 0"-
, KcGt:.i" Eu I
\ rAUli' 0 9 90
- ~
, t:'~ ~Nf\""'~ 1:, -/'" ..~, ~
200 Knuth Road. Suite 214 . Boynton Beach, Florida 33436 . (407) 736-7047 Fax (407) 736-7099
.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1?-1
I--. .
FROM: CITY MANAGERt 'I
SUBJECT: AGENDA ITEM # 9c:.. - MEETING OF SEPTEMBER 11, 1990
REQUEST FOR WAIVER OF NUISANCE ABATEMENT ASSESSMENT
DATE: September 6, 1990
We received a request for from FEN Investments for waiver of a
nuisance abatement assessment. This request stems from the City's
removal of concrete rubble on a vacant lot owned by FEN Investments
located across from S.W. 6th Avenue on the north side of Linton
Boulevard. FEN Investments contacted the City regarding this matter
in order to work out a solution prior to the City hauling the
materials away. However, FEN did not formally file an appeal.
Subsequently, prior to resolving the matter, the materials were
removed by the City and FEN Investments was billed $535 for said
removal. On July 12th we received a proposal of settlement from FEN
asking that the City not impose the $535 charge and that the City
erect a barrier at their south property line to prevent dumping or
entry to their property.
The City Attorney's office has reviewed this matter and are
recommending that, due to FEN Investments' attempts to settle this
matter prior to the imposition of the assessment, the $535 charge
should be waived. As to the request for a barrier, the Attorney's
Office has found that erection of a barrier on private property, at
the City's expense, does not serve a public purpose and thus, we can
not legally expend funds for this purpose.
Recommend waiver of a nuisance abatement assessment in the amount of
$535 charged to FEN, Investments.
-
.
[IT' OF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 1] SI 1'1 STRf IT, Sl ITL 4 DI LRn BI,\CIf, IIORIDA 334H3
4"7243-711<)11 rU,LeopII R 4il7 /27k-4 755
MEMORANDUM
Date: September 4, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Nuisance Abatement Matter / FEN Investments
FEN Investments of Palm Beach County, Inc. (FEN Investments)
was cited for placing a pile of concrete rubble on a vacant lot
they own across from S.W. 6th Avenue on the north side of
Linton Boulevard, in violation of Section 100.02 of the Code of
Ordinances of the City of Delray Beach. Section 100.02 of the
City's Code allows for nuisance abatement procedures regarding
materials that might, in the time of hurricane winds, cause
damage to life or property.
Mr. Tom Jones, principal of FEN Investments contacted Jerry
Sanzone regarding this matter in order to work out a solution
prior to the City hauling the materials away. Mr. Jones did
not formally file an appeal. However, prior to resolving the
matter with Mr. Sanzone, the City removed the materials and has
billed FEN Investments, Inc. $535.00 for said removal.
Mr. Jones sent a letter dated July 12, 1990 setting forth a
proposal of settlement which asks that the City of Delray Beach
not impose the $535.00 charge and erect a barrier at the City's
expense at the south property line to prevent dumping or entry
to their property.
It is our office's opinion that the erection of a barrier on
private property does not serve a public purpose and, thus, the
City could not legally expend funds to provide said barrier.
Our office, due to Mr. Jones' attempts to settle the matter
prior to imposition of the assessment, however, recommends that
the $535.00 charge be eliminated.
By copy of this letter to the City Manager, our office is
requesting that the settlement matter be placed on the
September 11, 1990 City Commission agenda.
:::~
Enclosures
cc David Harden, City Manager
Tom Jones
-.-
, .. , .., . , ',.~, 1\ .,.., . " . ..
'~~ 13 T,HE ONLY NOTICE YOU WILL RECEIVE PRlon TO ABATEMENT BY THE CITY .
';ALI. THE COpt: ENFonCEMENT PLEASE READ II' TilE SIIB.JECT f"norr,n'lY HAS BEEN
~I AT (407) 243-1212 on (107) 213-7243, BOTH SIDES CARE FULL V. 501.0, PU!ME CALL (40n 243.7212 on (407)
u PlAN TO connECT OIl REMOVE 213-72430EFORETIIEFtNAL.COnneCTlON
. NUISANCE(S) crrED DELOW BEFORE CITY OF DELRAY BEACH DATE SHOWN BELOW. THANK YOU.
.1'; rlNAL CO~RRECTIOfl DATE. CODE ENFORCEMENT DIVISION 0 r ~ ,s--qo
I-. ~I/tj 0 Aiel NOTICE OF PUBLIC NUISANCE Work DOnten80YKv~.~?or (tV )
"./, Ra\nspec ~ . ~ ':::/
tEN INVur- p()-,L ItJc... E\" I\l... NA- 111'-/4-.(10
o \ II OIVISION CASE NUMBER
W'2..'L\ Sf" ,!'AV . 10\ ~ C-~
N . . .~. 1" '/ (l
E fl..X' I/,.J" (1\.1 ~ .:t't\<.l-\ r L ~ '!, l-/ ~ c; NOTICE DATE: .
R . F C
(5) .' b~~i: ORRECTION .'1 ~ I () ~ f.; d
Palm Beach County property records indicate thet you are Ihe flNner 01 the lollowlng property In Delray Beach, Florida:
VIOlATION ADDRESS: V. ( ,.,4. Lll-t ,I Llf'o,'\n,J
LEGAL DESCRIPTION: [): l fl. r-..1 ld (;,;".) /,1
O~ Sw '1 .,r 10-\ fJ (. l"c.:. (,.' 11("1 ,_"1 , + 'o1N/'J)
PROPERTY 1.0. NUMBER: 12- 4 3 -6 b - lO -0, , 008 . 0 I S Cl
"You are hereby notified Ihat Ihe City Manager or his 1ignated represenlalive of the City of
De/ray Beach, Floride, has on Ihe ~ day of t11 II , 19~, determined Ihat
a nuisanceexlsls on your properly in viola lion ofChap/~r100 of/he City of Dekay Be f
Ordinances. The nuisance is more particularly described as follows:" by c boxes be/ow:
~ Weeds and/or other ground vegeta tion have reached elgJjf "or more.,;
Section 100.00 (A) (1) (2) J&\ \
){ Existence of garbage, litter, trash, debris. V 'f )
/ Section 100.01 (A) (1l
o Vegetalion impairing or interfering ~ith traffi safety. /1 . cr~
Section 1oo.Q1 (B) U ~/. ,'U
. L .
o Vegetation interfering wilh streellights, signs sidewalks orr;her pc' i.,:
Improvements. Section 100.01 (C)
o Alleyway, Easement or Right-ot-Way mainten ceo .
Sectio,", 10001 (D)
/?f Other:' '" r (tJ( I. /I,
",'0 (.IIi\~^C.'t.""I\~'l 1'''' IV1 \" ~Section: 0 )
"''''0';. c ,\,)tHlf~5'T~8r DOeS 'N'OT PE^RTAIJ~fb~~~YRIMMING, CLEARING OR REMOVAL OF
MANGROVES SINCE THEY ARE PROTECTED BY ORDINANCE 81-18 OF PALM BEACH
COUNTY, FLORIDA. ..
COnnECTIVE AC'IIOII 111:.0UII IEIJ:
rvtO)V' R~~OVE TR ASH: ,'^.? L. 1-\' \ , )1.
;C Property ~. On properly
o Between properly line 0 Between property line
and street (rlght-ol-way) and street (right-of-way)
o In alley: to center line if unpaved; 0 In alley: to center line if unpaved;
10 edge 01 pavement il paved. to edge of pavement il paved.
TRIM: ~TH R:' . . _
o Vegetation Interfering with See above an1 Rt:: 'Ii ~ v ~ ~ ,J I) r 1\ " (l(:l~~Y';'~
street, alley, or signs 0,,, pr',' " \l,n,.'....\ fl,J, 11.- T\- ,1,,\'1 f~Ii\l.
'~-- .....-_..:.... .
The ESTIMATED cost (not including costs 01 Inspection, administration, collection, Interest and oj: ",;".
allorney's lee(s) for the City 10 correc! a~remove lhe nuisances cited above is: .:~:~. ~.;:'. .
00-$100 0 $101-300 0 $301-600 ~ $601-$1 ,000 Other: '!..-:, .
YOU M 1 HI.: OWNER(S) OF THE M30VE DESCRIBED PROPERTY, I.IAVE TEN (10) DAYS. -: C:-~"'. ~
r-nOMTIIEDATEOFTHISI-.JOTICE.(r-onTY-TWO(42)DAYSINTI-IECASEOFAV10LATION \! 1. (\
OF SECTION 1UO.04 PEnr^"~ING TO SEAWALLS). TO CORRECT OR REMO'lE Till: ,. II I
CONDITION CAUSING THE NUISANCE FROM THE PROPERTY IN ORDER TO COMf'L Y . .'~'
WITH THE AI30VE REFEIlI1ED 'TO CITY ORDINANCE. .:-~ .
- ~ j \ I ~"
'... - J - q!J I t:- r ,- V ('y A ~ t .,
. FINAl. COlli I I; liON DATe COOE ENFORCEMEN? OF~CER ...
IF YOU HAVE ANY QUESTIONS, PLEASE CALL: (407) 1_ Y lJ I) LI/
SEE nEvr:A:~E SlUr: rOR ADDITIONAI_ rNFOI1r'MTlml
- - - - - - - - - -- - -- ----- - -- --- - - ----_.
1'J0rr::' If you wantlhe City to abate the above nuisances prior to the final correction date, please
sign below and return this entire Notice in the enclosed enveicpe betore the final correction date
noted above. You will be assessed for the cost incurred by the City plus an administrative lee (plus
any additional fees incurred as explained on the reverse side).
PRINTED NAME OF P80PERTY OWNER:
SIGNATURE OF OWNER:
.
, "'\~~M~--
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M E M 0 RAN DUM ~.. ...,;,~....
_:..~~~, . .; ", /;~ '~Jd, oJ""
I ('~\(,..'~>__~~ ~" ~j \""CCl;;t'1
TO: Susan Ruby, Assistant City Attorney
. (}J
FROM: Richard Bauer, Code Enforcement Administrator
Jerry Sanzone. Chief Building Official ~
SUBJECT: ATTACHED LETTER FROM FEN INVESTMENTS; NA 1194-90
DATE: July 31, 1990
Fen Investments was cited for placing a pile of concrete rubble on property they
own along Linton Boulevard. After consulting with Jerry Sanzone, we concluded
the concrete rubble could cause damage in time of hurricane winds (100.02).
Fen Investments did not contest receiving the Notice of Public Nuisance and did
not appeal the Notice prior to abatement. After we had our vendor remove the
rubble, Fen representatives visited with Mr. Sanzone and me and threatened suit
in the event the City did not accede to their demands which fre contained in the
attached letter.
My position in this matter is that the owner was properly cited, acknowledged
receiving the Notice of Public Nuisance and did not contest the matter in the
manner provided in the Notice of Public Nuisance. From my end, I do not see any
errors. I 4
I have attached Fen's letter and documents attached thereto as submitted by them
. and a copy of our Notice of Public Nuisance. A phot9coPY of: our photograph is
also enclosed.
I
I
If you have any further questions on this matter, please advise. I am
forwarding these materials to you because Fen threatened lit;s~tion as noted
above.
RB : mh ),1
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FEN INVESTMENTS
I Of
Palm Beach County Inc.
8395 White Egret Way
Lake Worth, Florida 33467
407-433-4876
July 12, 1990
Jerome Sanzone
Building and Inspection Administrator
100 N.W. 1 Avenue
Delray Beach, Florida 33444
Mr. Sanzone,
As a result of our meeting of July 2, 1990; I suggested
the City of Delray rdopt the following proposal of solution.
The propo;el of solution would be; that the City of Delray
Beach not issue a ch rge for the removal of ground fill which was located
upon our property, located within the 600 block of Linton Blvd. Also
that the City of Delray Beach erect (at their expense, if any!) a
barrier located at the South property line. This barrier would cover
the entrance to said property and should be constructed of such size
as to reach from the West to East property lines(a distance of 27.56 ft.)
In recap, we will agree to allow these solutions to solve the
unauthorized and illegal removal of ground fill from our property.
This proposal is to allow all parties to have their individual
needs and interest addressed without causing unnessary ~f additional
expense.
The ground fill removed has a value of($3,OOO.00) three
thousand dollars. I therefore believe this suggested proposal is in the
best interest of the City of Delray Beach and is my attempt to avoid any
type of legal action.
Enclosed please find a copy of my property survey. Indicated
by a red ink mark is the proposed barrier location.
Please feel free to contact me should you have'any questions
or comments.
. ~'--,.
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'" ..' . CITY OF DELRA Y BEACH CODE ENFORCEMENT
.
100 N.W. 1ST AVENUE
'. DELRAY BEACH, FLORIDA 33444 N2 14457
.
,
Invoice
, ;
SOLD TO
, Data JULY 2. 1990
I
rcASE NAl1194~90 I Term. DUE-AUGUST I, 15
FEN. INV. OF PBC INC. ET AL
221 SE 1ST AVE. #101
BOYNTON BEACH, FL 33435
L I ..J
.
i . .
QUANTITY DESCRIPTION . UNIT COST AMOUNT
SUB. OF SEC. 20-46-43. E159' OF .
W658' OF SW~ OF LOT 8 (LESS W139'
OF 5201' & S53 I RD R/W) . ,.
LOT CLE~ING: REMOVAL OF PILE OF
BROKEN EMENT AND ROCKS ON 6/25/90. $500.00
ADMINISTRATIVE FEE 35.00
TOTAL ; rf $535.00
PLEASE PAY BY 8/1/90
to avoid having a lien
filed on the property,
plus additional admin-
istrative & recording ,
fees. .
I
U/S 180 001-0000-115-17.00
WHITE. CUSTOMER . YELLOW. CASHIER . PINK. ACCOUNTING . GOLOENROD. CONTROL
,
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[ITY DF DELRAY BEA[H
, . . . . :_;c ..:.;;~ 0~:':~ :~ ;...., ....-R!i~)M ,L~44..J. 407 ;243 7000
September 18, 1990
Dale Twachtmann, Secretary
Florida Department of Environmental Regulations
Twin Towers Office Building
2600 Blairstone Road
Tallahassee, FL 32399-2400
Dear Mr. Twachtmann:
As adopted by the City Commission on September
11 , 1990, attached is a copy of Resolution No. ]4-90,
supporting the plans of William Swaim and Associates,
Incorporated, to develop the property known as the
Anchorage, located in the City of Delray Beach.
Very truly yours,
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
AMH:csh
Enc.
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,
[ITY DF DELRAY BEA[H
.1.1 ..J; " '-c~JRI~'; 33444 407 '243 7000
September 18, 1990
Carol Elmquist, Chairman
Board of County Commissioners
Governmental Complex
301 N. Olive Ave.
West Palm Beach, FL 33401
Dear Commissioner Elmquist:
As adopted by the City Commission on
September 11, 1990, attached is a copy of
Resolution No. ,.a4-iQ., supporting the plans
of William Swaim and Associates, Incorporated,
to develop the property known as the Anchorage,
located in the City of Delray Beach.
Very truly yours,
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
AMH/csh
Enc.
[ITY DF DELRAY BEA[H
'--:,-..;. , ,-,.R I Q,'; 33444 407/243-7000
September 18, 1990
Richard Walesky, Director
Palm Beach County Department of Environmental
Resource Management
3111 S. Dixie Highway
Suite 146
West Palm Beach, FL 33405
Dear Mr. Walesky:
As adopted by the City Commission on September
11, 1990, attached is a copy of Resolution No. 84-90,
supporting the plans of William Swaim and Associates,
Incorporated, to develop the property known as the
Anchorage, located in the City of Delray Beach.
Very truly yours,
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
AMH:csh
Enc.
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.'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .'11<-/1
SUBJECT: AGENDA ITEM # 9)) - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 84-90
DATE: September 6, 1990
This item is a Resolution urging the Florida Department of
Environmental Regulation and the Palm Beach County Department of
Environmental Resource Management to approve the necessary permits for
the development of the Anchorage Property (former Yake property).
The petitioner, has informally discussed the conceptual development
plan for "The Anchorage" a proposed high-end, 42 lot, detached single
family housing development. Development of the Anchorage involves the
modification of some environmentally sensitive land (mangroves). In
order to mitigate the diminishing of part of this land, the petitioner
proposes to make improvements to County owned property to the south by
developing a nature preserve.
Staff review of the petitioner's request, revealed several
inconsistencies with the Comprehensive Plan. Those inconsistencies
have been discussed with the petitioner and he has begun to address
each of them. A detailed staff memo is attached as backup material
for this item.
This resolution seeks support of the concept plan for the "purpose of
environmental permitting" and urges the issuance of the necessary
permits, only. Approval of this resolution is not an approval of the
project. Should the necessary permits be granted, the petitioner
would have to submit a formal application for development approval
which requires review by the Planning and Zoning Board and Commission
approval.
Recommend approval of Resolution No. 84-90.
-
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RESOLUTION NO. 84-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, SUPPORTING THE PLANS OF WILLIAM SWAIM AND
ASSOCIATES, INCORPORATED, TO DEVELOP THE PROPERTY KNOWN
AS THE ANCHORAGE LOCATED IN THE CITY OF DELRAY BEACH;
URGING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
AND THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL
RESOURCE MANAGEMENT TO APPROVE THE NECESSARY PERMITS FOR
WILLIAM SWAIM AND ASSOCIATES, INCORPORATED, TO DEVELOP
THE ANCHORAGE PROPERTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, William Swaim and Associates, Incorporated ( "Swaim" )
plans to develop property located in the City of Delray Beach, known as
The Anchorage; and,
WHEREAS, Swaim has presented conceptual plans for The Anchorage
to the City; and,
WHEREAS, the City Conunission of the City of Delray Beach,
Florida believes it is in the best interest of the residents of the City
of Delray Beach that The Anchorage be developed consistent with the
plans presented by Swaim,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. For purposes of environmental permitting, the City
Conunission hereby supports Swaim's conceptual plan for development of
The Anchorage attached hereto as Exhibit "A".
Section 2. The City Commission urges the Florida Department of
Environmental Regulation and the Palm Beach County Department of
Environmental Resource Management to issue the necessary permits to
Swaim for the development of The Anchorage.
Section 3. The City Clerk is hereby authorized to send a copy
of this Resolution to the Secretary of the Florida Department of
Environmental Regulation, the Chairman of the Palm Beach County
Conunission and the Director of the Palm Beach County Department of
Environmental Resource Management.
Section 4. This Resolution shall take effect inunediately upon
its passage.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
..
C I T Y COMMISSION DOCUMENTATION
TO: ADMINISTRATIVE ASSISTANT III
FROM: VID J. ~~~,~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 11, 1990
RESOLUTION RE EImORSEMENT OF THE CONCEPTUAL PLAN FOR
"THE ANCHORAGE"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
endorsement through enactment of a resolution for various
aspects of a proposed development to be known as "The
Anchorage".
This Resolution pertains to the overall concept plan for
"The Anchorage" and seeks intergovernmental cooperation in
the processing and approval of environmentaJ1! permits.
"The Anchorage" is a high-end, forty-two (42) lot, single
family detached proposal on what has been known as "the 17
acre parcel" and/or the Yake property.
BACKGROUND:
The petitioner, William Swaim, has informally discussed
conceptual development plans for "The Anchorage" with the
Administration. Attached are schematic plans for the property's
improvement. Approvals from several entities are necessary prior
to the proposal becoming a reality.
The requested resolution is straightforward in that it seeks
support of the concept plan for the "purpose of environmental
permitting" and urges FDER and PBCDERM to issue necessary
permits. I do not read the resolution to be construed as being
an "approval" of the project.
On first review, the proposal puts forth several inconsistencies
with the Comprehensive Plan. These include:
* a lesser intensity of development
* a single use as opposed to mixed use development
* development on potentially environmentally sensitive
land
* the discontinuance of the ability to continue an
internal, neighborhood street system
* the use of waterfront property for other than public
purposes e.g. boat ramp, park, and/or marina.
.~
City Commission Documentation
Meeting of September 11, 1990
Resolution Re Endorsement of the Conceptual Plan
for "The Anchorage"
Page 2
Those items were discussed with the petitioner and he has begun
to address each of them. The proposed formal establishment of a
"Nature Preserve" on nearby property is illustrative of one of
the approaches which he is pursuing to accommodate intents from
the Comprehensive Plan.
When a formal application for development approval is made to the
City, it will be necessary for review by the Planning and Zoning
Board and determinations made as to consistency with the
Comprehensive Plan.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board has not reviewed this proposal.
One reason is the recent submittal of the material and another is
the change in the composition of the Board and the fact that the
new Board has not yet organized. Since the endorsements do not
constitute a firm (final) action of project approval or approval
of a "development order", Board review is not required.
RECOMMENDED ACTION:
Approval of the Resolution of support.
Attachments:
* Resolution of support
* Conceptual Plan
REF/DJK#68/CCRESl.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf~
SUBJECT: AGENDA ITEM # \1:' - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 87-90
DATE: September 7, 1990
This is a Resolution granting the Community Redevelopment Agency
authorization to purchase property located at 422 W. Atlantic Avenue.
This property is situated in the Peach Umbrella Redevelopment Block
and will be utilized as part of that project.
Recommend approval of Resolution No. 87-90.
-
.
[IT' DF DELIA' BEA[H
CITY AnORNEY'S OFFICE 3lU S.I-. 1st STREET. sLln. ~ \)llRAY BFACH.ILORIDA 33483
~I \7: 2~3- 7\19\\ I"lLFCOPIFR ~O71278-4755
MEMORANDUM
Date: September 7, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Acquisition of Buildinq at 422 W. Atlantic Avenue
Attached please find a copy of Resolution 87-90 and a letter
from Frank Spence, Executive Director, Community Redevelopment
Agency with regard to the Acquisition of a building located at
422 West Atlantic Avenue.
Please schedule this matter for the September 11, 1990 City
~on Meeting.
S . i
Attachments
cc David Harden, City Manager
Cheryl Leverett, Administrative Asst. III
I
-
RESOLUTION NO. 87-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF
CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING FURTHER, THAT
THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS
THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED
AREA AND THE REHABILITATION, CONSERVATION, OR REDE-
VELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS
NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH,
SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF
DELRAY BEACH, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 46-85, adopted by the City of Oelray
Beach, Florida, the City Commission of the City of Oelray Beach, Florida,
created the Delray Beach Community Redevelopment Agency; and,
WHEREAS, pursuant to Section 163.355, Florida Statutes, the
City of Delray Beach, Florida finds that the properties described herein
constitute blighted areas and that the rehabilitation, conservation, or
redevelopment, or a combination thereof, of such areas is necessary in
the interest of the public health, safety, and welfare of the residents
of the City of Oelray Beach, Florida; and, I
I
WHEREAS, pursuant to Section 163.37d(l) (e) (2), Florida
statutes, the Delray Beach Community Redevelopment Agency possess' the
power to acquire by gift, purchase, or eminent domain any real property
within the Community Redevelopment Agency area; and,
WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further
provides that a Community Redevelopment Agency may not exercise any power
unless the exercise has been specifically approved by the governing body
of the municipality which established the agency; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires to approve or authorize the acquisition of the property
hereinafter described by the Delray Beach Community Redevelopment Agency
by gift, purchase, or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- The recitations set forth in the "WHEREAS" para-
graphs above are incorporated by reference herein as findings of fact
upon which this resolution is based.
Section 2. The Delray Beach Community Redevelopment Agency is
hereby authorized to acquire by gift, purchase, or eminent domain that
certain property more specifically and legally described as follows:
Lot 6, less the North 20 feet, Block 29,
Resubdivision of Slock 29 & 37, Town of Delray in
accordance with the Plat thereof on file in the .
office of the Clerk of the Court, in and for Palm
Beach County, Florida, as recorded in Plat Book 9,
Page 66.
Section 3. This Resolution shall take effect immediately upon
passage.
.._-- .
-
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..
PASSED AND ADOPTED in regular session on this - day of
, 1990.
MAY 0 R
Attest:
City Clerk
!
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.
RES. NO. 87-90
CD Community
Redevelopment
-a Agency
Delray Beach
CRA MEMO
TO: Susan Ruby, Assistant city Attorney
FROM: Frank R. Spence, Executive Directo~
DATE: September 6, 1990
SUBJECT: Acquisition of Building at
422 W. Atlantic Avenue
Please be advised that the CRA Board of Commissioners at
their regular meeting of August 27, 1990 unanimously
approved moving forward with the acquisition of a free-
standing retail building located at 422 w. Atlantic
Avenue.
The legal description is: "Lot 6 less the north 20 feet,
Block 29, re-subdivision of Block 29 and 37, Town of
Delray in accordance with the Plat thereof on file in the
office of the Clerk of the Circuit Court, Palm Beach
County, Florida as recorded in Plat Book 9, page 66.
As r~ired by law, we are now submitting this request
to the City Commission for its consideration in
authorizing the Delray Beach Community Redevelopment
Agency to move forward with the acquisition of this
property.
If you need any additional information, please let me
know.
cc: David Harden, City Manager
Bob Federspiel, Board Attorney
City Clerk's Office (Cheryl)
j S:E. 4th Avenue, Suite 204, Delray Beach, Florida 33483 ... - __ o. ... . .___ . (407) 276-8640' " .
.' .
MEMORANDUM
Date: September 11, 1990 ~ /
To: Ci ty Commission I ~V
From: Jeffrey S. Kurtz, City Attorney . ,_
Subject: AT&T Settlement Offer
September 11, 1990 Agenda Item No. 9G
This matter concerns AT&T's attempts to recover monies
mistakenly overpaid to the City of Delray Beach and other
similar overpayments to cities throughout the state. The City
Attorney's Office has reviewed the proposed settlement offer
and wo~ld recommend acceptance of the offer. - ,-
AT&T has actually filed suit against several other munici-
palities, including Miami, Fort Lauderdale, Boca Raton, Pompano
and Orlcuu:lo.i"',Those:icities;because of their largeri size, had
considerably more money at stake then did the City of Delray
Beach. There are meritorious arguments on both sides of the
question, that being a full recovery or no recovery for AT&T
from a legal perspective. It is our understanding that of the
above-referenced cities, "both the City of Pompano and Orlando
have settled. ,the case and Miami may be close to resolving the
~ '; t
matter,. i':"~f':f: .', "
The settlement offered by AT&T is recommended by office because
the, po~entia~costs, outw~igh. cthe potential, be'nefits . The,
f amoUn~~l'dgeaiyr'OverPalatDY~AT&T'is $62 ~ 441. 28 and "if they! are '.
successful in their ~awsuit, there is an excellent chance that
they would be able to recover prejudgment interest at a rate of
12% per annum, therefore, assuming a 3-year litigation period,
the potential loss to the City.would be in excess of $100,000.
If the City chooses to refuse this settlement, AT&T will bring
suit and will not be in a position to settle for less than they
are willing to settle for now. This is because their agree-
ments wi th the other larger cities contain the same "most
favorite nation language" that they have proposed to us. That
language comes into the effect if there is any lessor settle-
ment negotiated between any city and AT&T then AT&T will apply
that lower settlement percentage, to the moni.:es they are seeking
to recover from Delray Beach and rebate such amount to Delray
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l1'''' . .~ '.'- " '.~ _~ l,,:;-~. ''i;i. ,.,' '. ;., .- ". , .' '.' ,
':"Se'ptember 11 ;'1990
Page 2
Beach and the other cities. To settle for less than a 62.4%;
recovery would be very costly to them and thus practically
prohibits them from being in a financially beneficial position
to settle with the city for less than the amount offered. The
City would be in the position of having to fully litigate the
case, including, in all probability, an appellate action with
all of the attendant costs if settlement is rejected..
Therefore, we believe that the risk and benefit analysis favors
the City accepting this settlement.
,-
JSK:sh
cc: David Harden, City Manager
. David Huddleston, Director of Finance
Lee Graham, Risk Management Department
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAG E R-J)<,I J
SUBJECT: AGENDA ITEM # ,tr - MEETING OF SEPTEMBER 11, 1990
SETTLEMENT OFFER
DATE: September 7, 1990
We received an offer of settlement from AT&T in the amount of
$38,963.36 to avert possible litigation against the City stemming from
AT&T's overpayment of Municipal Telecommunications Taxes. According
to AT&T they mistakenly overpaid the City by $62,441.28. In order to
quickly resolve this matter, they are offering to settle for a single
payment in the amount of $38,963.36 to be paid within a reasonable
period of time after an agreement is reached. This settlement amount
represents 62.4% of the principal amount minus accumulated interest.
The City Attorney/s office is currently reviewing this request. A
verbal recommendation regarding this matter will be presented at your
Tuesday evening meeting.
, 4f/n ~::..c...'. t-\ 0- HI\.,,--n~ I.)
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I ~. ~ AT&T
-
-
-
Alfred L. Ball. CPA Room G100
Tax Director 412 Ml Kemble Avenue
RECEIVED MOrristown. NJ 07960
201 644-8607
FAX 201 644- 1700
August 24, 1990 AUG 30 1990
David Huddleston BY FINANCE
Finance Department
City of Delray Beach
100 Northwest First Avenue
Delray, FL 33444
Re: Overpayment by AT&T Communications of the Southern
states. Inc. of Municipal Telecommunications Tax
As you are aware, AT&T mistakenly overpaid the City of
Delray Beach by $62,441.28 above the amount it was required
to collect from its customers and remit to the City pursuant
to the requirements of Delray Beach Ordinance No. 64-86.
The purpose of this letter is to inform you that AT&T is now
prepared to institute formal legal proceedings against the
City of Delray Beach for the return of its property unless
this matter can be quickly resolved. Toward that end, AT&T
is prepared to offer the City a generous proposal of
settlement in an effort to avoid the burden and expense of
litigation and preserve its otherwise excellent working
relationship with the City and its officials.
As I have already noted, the City of Delray Beach is liable
to AT&T in the amount of $62,441.28. Together with
accumulated interest, the amount in controversy is currently
$82,704.94. AT&T is confident it would recover the full
amount of principal and interest in litigation, but it is
also sensitive to the City's fiscal requirements and its
budgetary limitations. Therefore, on AT&T's behalf, I am
extending to the City of Delray Beach an offer to settle the
overpayment issue on the following terms:
AT&T will settle the issue for a single payment of
$38,963.36 to be paid within a reasonable period of time
after an agreement is reached. This represents a
settlement of 62.4% of the principal amount.
Delray Beach shall not, by agreeing to settle, waive its
right to audit, at its own expense, AT&T's public
service tax returns and supporting documentation for the
period during which the overpayments occurred.
.
-2-
AT&T will agree to be bound by a "most favored nation"
provision. Essentially, this will require that in the
event AT&T settles the same issue with another Florida
municipality on a more favorable percentage basis than
the percentage basis agreed to with Delray Beach, AT&T
will refund to Delray Beach a dollar amount equal to
such percentage difference. This provision will operate
only in cases of settlement arrived at between AT&T and
another municipality and will have no force and effect
with respect to any jUdicial action or finding of any
kind including, but not limited to, dismissal, summary
judgment, trial, etc. Furthermore, AT&T will agree that
in the event it settles its claim against another
Florida municipality on a structured basis calling for a
stream of future payments, a reasonable discount factor,
to be agreed upon by AT&T and Delray Beach, will be
applied to such stream of payments for purposes of
applying this provision.
The proposal outlined mirrors the settlement agreement reached
between AT&T and other Florida Municipalities who have already
agreed to settle this issue. You should be aware that AT&T has
not settled nor accepted an offer of settlement which is less that
62.4 percent of their amounts overpaid. AT&T intends to litigate
its claim against those cities which decline to resolve this
matter amicably in a vigorous manner and in expectation that it
will recover the full amount to which it is entitled, plus
interest. AT&T agrees to discuss in good faith any changes or
additional conditions you believe are necessary to protect
Delray Beach's interest. If your City Council agrees to this
proposal, AT&T will draft a formal settlement agreement to be
executed by the parties.
Please advise us of your decision no later than September 15,
1990. AT&T will defer any legal action pending your response.
This letter constitutes an offer of settlement of a disputed
claim, and it and its contents may not be used for any purpose in
any judicial or administrative proceeding.
Sincerely,
/:r~Al ~. ~
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM # ~fI - MEETING OF SEPTEMBER 11, 1990
SETTLEMENT OFFER
DATE: September 6, 1990
We received an offer to settle in the amount of $75,000 from Aetna
Casualty and Surety Company of Illinois to settle a City claim for
outstanding charges stemming from the installation of water and sewer
service to the Linton Promenade. In 1981 the City entered into an
agreement with National Medical Enterprises, Inc.; Medical Office
Developers, Inc.; and Linton Center Company, Ltd. to provide water
and sewer service to the Linton Promenade. That agreement did not
have a provision for recording, nor was an annexation clause included.
Subsequently, water/sewer lines were installed, however, no water
meters were installed nor were any provisions made for future
metering. Several attempts to install water meters were initiated,
however, no action was taken.
In June 1989, the property was foreclosed and Aetna became the owner.
A notice of outstanding water and sewer usage, connection fees, and
other related charges was sent to Aetna. These charges totalled
$90,366.91 (which excludes estimated commodity charges and backflow
prevention devices).
As a part of the settlement agreement Aetna has further agreed to bear
the cost to install the necessary reduced pressure principal backflow
prevention devices on each service line. Also, staff has approached
them regarding annexation. Additional information regarding the
annexation issue should be available prior to your Tuesday evening
meeting.
The City Attorney/s office has reviewed this offer and recommends
acceptance of the settlement. A detailed memo is attached as backup
material for this item.
Recommend acceptance of the settlement offer from Aetna in the amount
of $75,000.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE :; 11) S I. ht STRI:T T. Sl:lTI. 4 Df un'r BL\CH, IlORIDA 33483
407!243-7090 fFLFCOPIFR 407/278-4755
MEMORANDUM
Date: September 5, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Linton Promenade / Utility Fees - Settlement of Claim
The City entered into an agreement with National Medical
Enterprises, Inc. ; Medical Office Developers, Inc. and Linton
Center Company, Ltd. to provide water and sewer service to
"Linton Promenade" in 1981- The water and sewer service
agreement did not permit recording of the agreement nor did it
contain an annexation clause. Water/sewer lines were subse-
quently installed, however, there were no water meters
installed nor provisions made for future metering. Occupancy
of the complex occurred in 1985.
According to the information in the files, the Public Utilities
Department endeavored to work out a metering methodology, but
as of November 1987 this had not yet been accomplished. In
1988, the former Public Utilities Director received applica-
tions for installation of individual meters, however, these
applications were not processed.
In June of 1989, the property was foreclosed and Aetna Casualty
and Surety Company of Illinois (Aetna) became the owner of the
property.
Aetna was given notice of the outstanding water and sewer usage
and connection fees and other related charges. A bill was sent
for water/sewer customer and capacity charges in the amount of
$8,298.16 (June 1989 to June 1990), Water and Sewer connection
and installation charges in the amount of $82,068.75, repre-
senting a total amount of $90,366.91 (excluding estimated
commodity charges and backflow prevention devices).
As a result of negotiations, Aetna has increased its original
$50,000.00 offer to settle the City's claim to $75,000.00 and
further agrees to bear the cost and to install the necessary
reduced pressure principal backflow prevention devices on each
service line. Aetna claims that by virtue of the Water/Sewer
.
City Commission
September 5, 1990
Page 2
Service Agreement not being recorded in the public records that
they could estop the City from enforcing these claims against
Aetna who was not the original contracting party.
Our office has broached the annexation issue with Mr.
Batchelder, and hopefully will have more information regarding
annexation of Linton Promenade prior to your meeting on
September 1l, 1990.
Our office is recommending that the City accept the settlement
as proposed by Aetna.
If you have further questions, please do not hesitate to
contact our office. Attached hereto is the letter from Aetna's
attorney, Drake Batchelder, proposing the above mentioned
settlement.
Please ensure that this matter is placed on the City Commission
a9~~~t?a of September 11, 1990 for Commission consideration.
(0' / l'
. SA1S"6f---
cc David Harden, City Manager
David Huddleston, Director of Finance
Jan Williams, Director of Utility Billing
Bill Greenwood, Director of Public Utilities
Larry Martin, Deputy Director of Public Utilities
Drake Batchelder, Esq.
.
HEINRICH GORDON BATCHELDER
HARGROVE WEIHE & GENT
A PARTNERS....IP OF' PRQF"ESStONAL. ASSOCIATIONS
500 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33394-3092
(305) 527.2800
TELECOP/ER (305) 524.9481
---
August 27, 1990
~
~1r~'~'r4 b" '-, _ "-
Susan A. Ruby, Esquire
Assistant City Attorney
City of Delray Beach .
310 S.E. First Street, Suite 4 - ... ~. '. ~ -. .~ ~ ;
Delray Beach, FL 33483
.-
Re: Linton Promenade/Aetna Casualty and Surety
Company of Illinois
Dear Ms. Ruby:
Pursuant to our conversation on August 24, 1990, wherein you
advised me that my client's offer of $50,000.00 to settle the above
referenced matter was unacceptable to the City, I have discussed
the matter further with my client. With much reluctance, my client
has authorized me to make the following final offer of-settlement.
Aetna Casualty and Surety Company of Illinois, without
admission of liability on their part and by way of proposal of
settlemen~nly, agrees to pay to the City the lump sum of
$75,OO~00, which sum would relieve them of all liability for all
water and sewer deposits, connection fees, installation charges and
capacity and usage charges through August 1991. In addition, Aetna
will assume the liability to install the reduced pressure backflow
prevention devices on each of the service lines.
If the above meets with the City's approval, please advise and
! will have my client inL~ediately prepare ~nd forward the necessary
check for this settlement.
Very truly yours,
HEINRICH GORDON BATCHELDER
HARGROVE WEIHE & GENT
ESQUIRE
DMB/par
cc: George Naito, Aetna
Linda Stewart, Deutsch Ireland Properties
c:\corr\ruby.ltr
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..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trX.f
SUBJECT: AGENDA ITEM # 9~ - MEETING OF SEPTEMBER 11, 1990
PROPOSED FEE DECREASE
DATE: September 6, 1990
As part of the budgeting process for Fiscal Year 1990/91, the Parks
and Recreation Director is recommending that the fees for all adult
team sports (softball, basketball, flag football, etc.) be reduced.
Previously, participants in these programs paid for umpires,
scorekeepers, lighting, balls, trophies, the salary of recreation
staff members necessary to run the leagues, and maintenance of the
recreation areas (i. e. ball diamonds, etc. ) . The proposed reduction
would eliminate the cost of maintenance and for recreation personnel
and would serve to bring our charges in line with those of the
surrounding municipalities.
As, specific charges for these services are not specified in the City
Code, this item was placed on your agenda for consideration.
Recommend approval of reduction in fees for adult team sports.
.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: ADULT TEAM SPORTS FEE
DATE: September 4, 1990
I recommend that the fees for all adult team sports (softball,
basketball, flag football, etc.) be reduced to covering their
direct costs, than from the present method that has the total
direct cost of the program (balls umpires, trophies, etc. )
divided by the number of teams plus a 35% surcharge and a $5.00
charge for each non-resident member of a team that does not have
at least 50% residents. As noted in my memo of June 28, 1990
(see attached) the adults at the present time pay a larger cost
to use our facilities then the rest of the general population.
A comparison was made with West Palm Beach, Boynton and Boca
Raton which showed us higher than West Palm Beach and Boynton
but lower than Boca which has an across the board rate. A fee
that would cover all direct costs is one that would cover costs
for umpires, balls, trophies, scorekeepers, lighting, etc. but
not cover indirect costs such as recreation personnel running
the leagues, maintenance of the diamonds, etc. I believe this
is a more fair fee for our adults than our present method and
would bring us closer in line with West Palm Beach and Boynton.
This decrease will have to be approved by Commission but will
not require amending an ordinance.
Please review and advise.
and Recreation
JW: j mh
REF:JW202.DOC
Attachment
cc: Cheryl Leverett, Administrative Assistant III
. t
David T. Harden
Reports Related to the Comprehensive Plan
June 28, 1990
Page 4
In August of 1982 a fees and charges study was completed by the
Public Administration Service that made recommendations for a
new user fee and charge system for the Parks and Recreation
Department (see attached) . By Ordinance No. 100-82 City
Commission adopted some, but not all, of those recommendations
(see attached) . Since 1985 this department has attempted to .-
implement most of those recommendations pertaining to fees and
charges for adult sports, classes, facility use, tennis courts,
and marina and has made annual recommendations for increases
each succeeding year (se~ attached).
For the purposes of Policy A-3.2 of the Comprehensive Plan we
have surveyed surrounding communities as to their fees and
charges (see attached) . Because of the wide range and type of
facilities and programs offered we have showed a cross
comparison of where programs and facilities were similar and
where not a composite of the high, low, and average of
non-similar programs and facilities for other communities. The
individual fees and charges of surrounding communities are
available in our office for review. As you might guess by this
type of comparison, in some programs and facilities we are
higher, while lower than others. In general and in comparison
with other communities I believe our rate structure is fair to
the residents and non-residents who use our facilities with the
following exceptions:
1. Adult Team Sports - At the present time the adults pay a
larger cost to use our facilities (softball, flag football,
etc. ) than the rest of the general population. Our fee
requires that the total cost of the program (umpires,
balls, trophies, etc. ) be divided by the number of teams
plus thirty-five percent (35%) and five dollars ($5.00) for
each non-resident member of a team that does not have at
least fifty percent (50%) residents. Depending upon the
variables involved, this may require an entry fee of
$400.00 - $500.00 for an adult team sport, much higher than
the average of other communities.
The following is a comparison of 12, 14, 16, and 18 game
softball seasons for Delray, West Palm Beach, Boynton Beach
and Boca Raton with the price charged by each City to cover
the cost of two umpires, one scorekeeper, balls, trophies,
etc.
# OF GAMES -
DELRAY W.P.B. BOYNTON BOCA
18 $414.90 $368.11 $248.25 $500.00 per
16 $374.40 $331.10 $224.25 team no matter
14 $333.22 $294.08 $200.25 the number of
12 $292.05 $257.07 $176.25 games played
, .
David T. Harden
Reports Related to the Comprehensive Plan
June 28, 1990
Page 5
I recommend that the percent of the surcharge be reduced to
bring our fees more in line with West Palm Beach and
Boynton Beach.
2. Of the eight (8) different municipal owned marinas
surveyed, our fee structure is the lowest. While amenities
vary at each marina, our fee structure should be increased
to at least those of the smaller marinas (Hollywood and
Fort Lauderdale). It should be noted that we have made
over $300,000.00 Ot, improvements to the marina over the
last three (3) years (new seawall, piers, etc.).
If you have any questions, please contact me.
r ~o)~L
Joe eldon
Dir tor of Parks and Recreation
JW: j mh
REF:JW150
Attachments
cc: David Kovacs, Planning and Zoning Di~ector
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fIJv1
SUBJECT: AGENDA ITEM # 9:5 - MEETING OF SEPTEMBER 11, 1990
PROPOSED FEE INCREASE
DATE: September 6, 1990
We received a letter from Prearrangements of Delray, Inc. requesting
an increase in the retail price of cemetery vaults from $550 to $650.
Effective July 1st, the wholesaler of the vaults (Callaway) raised
their prices by $65. This request, "passes on", that increase to the
consumer, thus allowing Prearrangements of Delray to maintain enough
profit to cover overhead and the City/s sales commission.
As no set cost for vaults were specified in the contract with
Prearrangements of Delray, a contract amendment is not needed.
However, as this item impacts the budget, it was placed on your agenda
for consideration.
Recommend approval of an $100 increase in the consumer cost for
cemetery vaults from $550 to $650.
~
;J--o
.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: CEMETERY VAULT PRICES
DATE: September 4, 1990
Attached is a letter from Prearrangements of Delray, Inc.
requesting an increase of $100 in their vault prices because
their cost by the wholesdler had been raised fLam $SSe ~o $6~.
I recommend this increase be approved by Commission which does
not require amending the ordinance.
Please review and advise.
~,
Parks and Recreation
JW: jmh
REF:JW20l.DOC
Attachment
cc: Cheryl Leverett, Administrative Assistant III
Prearrangements of Delray, Inc. . .
.."
AGENT FOR DELRAY BEACH MUNICIPAL CEMEfERY
1i::r-T:'l",.....O. "
.... \.... '- "c ' ',:' (' 2 I, .0""-'
t-"\ '-' ',-, '-I I~::J
August 22,1990
Mr. Joe Weldon
Director of Parks & Recreation
1 00 Mv 1 st Avp.IlUp. \
Delray Beach, Florida 33444
Dear Joe,
Callaway Vaults rained our prices $65.00 per vault
effective July 1, 1990.
In order to maintain our margin of profit necessary to
cover our. ov~xhf\..arland city cormnissions we would like
to raise our retail vault prices to tl1e COn51l1llP..r from
$550.00 to $650.00.
We r.l.ppreciate your help in this matter.
RY:ih
110 East Atlantic Avenue. Suite 114. Delray Beach, Aorida 33444 . (407) 276-6601
-.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 19f/l
SUBJECT: AGENDA ITEM # q" - MEETING OF SEPTEMBER 11, 1990
TERMINATION OF CONTRACT AND AWARD OF NEW CONTRACT
DATE: September 7, 1990
Previously, the Commission awarded a bid for the maintenance of
landscape, (1-95 Interchange at West Atlantic Avenue, the 1-95
Interchange at Linton Boulevard and East Linton Boulevard from 1-95 to
A-1-A), to Axiom Commercial Cutters. Because of continued
non-performance, staff is requesting that the contract between the
City and Axiom Commercial Cutters be terminated. Based upon
correspondence between the City and Axiom, service was discontinued as
of June 30th. This action is to formally terminate the contract.
As a result of the above action, new bids were solicited for these
projects. The low bidder, Tony Scott Complete Lawn Maintenance,
submitted a bid for $38,175. Funding is available in Beautification
Fund Maintenance Contract (Account No. 119-4144-572-33.49). The
balance in that account for the remainder of FY 89/90 is $86,910 with
$200,000 proposed for FY 90/91.
Recommend termination of contract with Axiom Commercial Cutters and
award of a new contract to Tony Scott Complete Lawn Maintenance in the
amount of $38,175.
,
.
. ,
... J'
\
MEMORANDUM
TO: Ted Glas
purchasing Director
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: BEAUTIFICATION MAINTENANCE
DATE: August 29, 1990
On August 9, 1990 Bid #90-71 for Landscape Maintenance on Linton
and the 1-95 Interchanges at Linton Blvd. and Atlantic Avenue.
There were four (4) bids received with Tony Scott Lawn
Maintenance being the apparent low bidder at $38,175. I have
received copies of his occupational and pesticide license.
Please award the bid to Tony Scott Lawn Maintenance and charge
to account #119-4144-572-33.49 (Requisition #73657).
Axiom Commercial Cutters was originally awarded the contract for
$22,565 and authorized to begin work on February 6, 1990.
However, because of our dissatisfaction with their work, they
agreed to terminate their agreement with the City effective June
30, 1990. The City has the right to terminate the contract for
non-compliance per Section 8 of the agreement.
~
Parks and Recreation
JW: jmh
REF:JW197.DOC
.
-------
I
. - _ AXIOM
.
Commercial Cutters
.. Commercial Landscape Maintehance
June 5, 1990
l. . .-
I .. L~:. t::. i"
-
Mr. Joe Whieldon
Per your r~qu~st this morning on the phone, w~ are writing
this letter in response to the letter you wrote us dated f>iay
22. We are mutually unhappy so per our conversation on the
phone we are both amicably discontinuing the contract fOI'
the landscape maintenance for the City of Del ray. Your
suggestion of ending the contract on June 30 is fine with us
so we will discontinue the service on that date and bill you
shortly thereafter. -
.;;.a
If you have any questions or concerns please contact us.
Thank you,
/"? ... .'
t::
-
_.
.
p.o. Box 2594 . Delray Beach, Rorida 33447-2594 . (407) 393-9130
~. ....
.' ",' ",". -
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. .'
[ITY DF DELAAY HEAtH .. ~'~. ,
. .', ...,,""... ;
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F'I.. ~.N", ."', -~. ~
.....-#~ < t~~~';i.~,;~. " '-_ .
.- . ;' "~'-'.'.~~ .......-.~.~.:,..-~.:;,:;:.~./ ", ~..~-.~..~...;;~ -~ .~. ...~... .....-~.
100 N.W.lst AVENUE DELRA Y BEACH. FLORIDA 33444 .07/2.3-7000
May 22, 1990
Mr. Jim Bell
Axiom Commercial Cutters
P.O. Box 2594
Delray Beach, Florida 33447
Dear Mr. Bell, --
.--
This letter is to inform you that I am dissatisfied with the
timeliness and general maintenance of the medians on Linton
Blvd. and the 1-95 Interchanges at West Atlantic and Linton
Blvd. Specifically, I am dissatisfied with the weed control of
these areas and the timeliness of the grass being mowed. On
January 19, 1990 I talked to you with Mr. Flynn concerning our
dissatisfaction. Attached is a follow up letter to that meeting
and another letter in February concerning unmet maintenance. In
addition Mr. Flynn has had several conversations with you
concerning your maintenance program.
Please be advised that if this continues it is my intention to
recommend that your contract be cancelled per Article 8 of the
specifications.
If you have any questions, please contact me at 243-7251.
Sincerely,
~W~
Jo Weldon
Di ctor of Parks and Recreation
JW: j mh
REF:JW122
Attachment
cc: Robert A. Barcinski, Assistant City Manager
Ted Glas, Purchasing Director
Mike Flynn, Assistant Parks Superintendent
- .
.
.
. DEPARTMENTAL - [ITY DF
.' ,
. . .- ~
. . CORRESPONDENCE
DELIAY BEA[H
.
TO Joe Weldon/Director of.Parks & Recreation 7~~
FROM Mike Flynn/Asst. Superintendent of Parks
SUBJECT Meeting With Axiom DATE 3/26/90
1 met with Jim Bell, President of Axiom Commercial Cutters, today and the following
items were discussed:
l. Adhere to monthly schedule.
2. Maintain weed control along concrete medians.
-
......
3. The exit/entrance ramps of 1-95 to the Cabbage Palms area being mowed.
4. 1-95 and Atlantic Avenue, Cabbage Palm area needs to be rid of dead fronds
and weeded.
5. Concrete ramps need to be sprayed for weeds.
6. All areas that are not being weeded.
7. Per contract schedule, 1-95 Mini Park fence to exit/entrance ramps area
needs to be mowed and weeded.
Please call me if you have any questions regarding the above.
~ oJ. -~.
Mike Flynn
Asst. Superintendent of Parks
cc: Ray Eubank
Nancy Davila
- - -
.
.
, -, .
.
'.
.
[ITY OF DELRAY BEA[H
Wu N.W, ls1 AVENUE DELRAY BEACH. FlORIDA 33444 3051278.2841
February 21, 1990
Mr. Jim Bell, President
Axiom Commercial Cutters I
P.O. Box 2594
Delray Beach, Fl 33447
Dear Jim,
Per previous discussion, this letter is to advise you that the following is
a list of problems that need to be addressed immeadiate1y: ,--
....
LINTON BLVD.
l. Weeds removed from beds.
2. Weeds removed from sidewalks, curbs and all paved surfaces.
3. Trim Silver Buttonwood along East Linton.
ATLANTIC AVE. & 1-95 INTERCHANGE
l. Weed beds.
2. Remove weeds from sidewalks, curbs and all paved surfaces.
3. Mow, edge and weedeat all areas that are included in
contract, Page IS, Section A.
Please contact me if you have any questions regarding the above.
Sincerely,
"1Jj~ r ~-
Mike 1ynn
. Asst. Superintendent of Parks
MF:sb
cc: Joe Weldon
Ray Eubank
.
.
. . ,
. .
.
~[ITY DF DELHAY BEA[H
.
'~:..\ t~ ~\' lS~ A'.:Et':Uf OELRAY BEACH, FlORIDA 33444 305/278.2841
January 23, 1990
Mr. Jim Bell, President
Axiom Commercial Cutters
P. O. Box 2594
Delray Beach, Florida 3344'7
Dear Jim,
This letter serves as a follow-up to our meeting on January 19,1990. I think
our meeting was very constructive in identifying areas for improvement and .-
....
resolving questions with the maintenance of East Linton Boulevard.
As a recap to our meeting, the following is a list of problems we addressed:
1. Beds need to be weeded.
, 2. Firecracker plant needs to be trimmed.
3. Weeds along concrete median need to be removed.
4. Maintenance schedule is needed.
5. At least five days notice is needed prior to an irrigation
walk-through.
With the promise of better communication, I am looking forward to working with
you.
Sincerely,
LfY7>> rtJ]---
Mike Flynn .
MF/bb
cc: Joe Weldon
Ray Eubank
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott. Jr.. Assistant City Manager~
Management Services
FROM: Ted Glas, Purchasing Director f~
DATE: August 31, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 11, 1990 - BID AWARD - BID #90-71
LANDSCAPE MAINTENANCE SERVICE CONTRACT
Item Before City Commission:
The City Commission is requested to award annual contract
for landscape maintenance service as listed below to low
bidder, Tony Scott Complete Lawn Maintenance, at a cost of
$38,175. Per the Budget Director, funding is from: Ilf-lQtll.J-5'1~'.!I'.'1',
( ~........4t .0....(...... f......-' -l!n.'{~_. ~;~: f~' 'iJ/{;Z()b, bOD 1~""'.1
Background rf. 'if) ~t..J r; I b
Area of Service: 1/(.'~ 9 /~ I, Q
Area #1 - 1-95 Interchange at West Atlantic Avenue ,
Area #2 - 1-95 Interchange at Linton Boulevard
Area 113 - East Linton Boulevard from 1-95 to A-I-A
Maintenance service consists of mowing, trimming, weed
control, pruning, litter control and chemical application.
Bids for this contract were received on August 9, 1990 from
four (4) contractors, all in accordance with City purchasing
procedures. (Bid 1190-71. Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for
your review.
Recommendation:
First - Officially terminate contract with previous
contractor, Axion Commercial Cutters, per attached memo from
Director of Parks & Recreation.
Second - Staff recommends award to low bidder, Tony Scott
Complete Lawn Maintenance, at an annual cost of $38,175.
Funding as stated above.
Attachments:
Tabulation of Bids
Recommendation from Director of Parks & Recreation
pc Joe Weldon
~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~t
SUBJECT: AGENDA ITEM # Cf~ - MEETING OF SEPTEMBER 11, 1990
REQUEST FOR PAYMENT
DATE: September 6, 1990
We received a request for payment in the amount of $28,963.50 from SAS
Signal Systems, Inc. (formerly GEN Signal Systems, Inc. ) for
installation of a traffic signal for the Cedarwood Companies at their
north entrance on Congress Avenue in the Delray Park of Commerce.
As a condition of the plat approval for the Cedarwood Companies, a
traffic light was to be installed at the entrance to their site.
County authorization was received, and in order to expedite the
installation our City Engineer issued a letter to the County
indicating that the City would pay for the signal installation if the
developer failed to do so. Subsequently, the traffic light was
installed and a bill sent to Cedarwood Companies. Through contact
with the Cedarwood attorney it has been learned that they are in
financial difficulties and are in the process of formulating an
informal work out of their debts.
The City Attorney/s office has reviewed this situation and found that
the letter issued by our City Engineer is not legally sufficient to
bind or commit the City to pay for the traffic signal installation.
However, the County Engineer has suggested that we pay SAS Signal
Systems, Inc. and deduct that amount from the $40,000 we pay the
County annually for installation and maintenance of traffic control
devices. That account (001-3141-541-33.38) currently has a balance of
$37,462. He also recommends that the City continue its efforts to
collect from the Developer, using those funds recovered to reimburse
the account from which payment to the County is made. While we have
no legally enforceable duty to collect the monies from the Developer,
the City Attorney/s office recommends that we accept the proposal made
by the County Engineer with the caveat that "while the City has no
legal duty to collect the monies, the City will do what it can to
reasonably collect said fees and if the City should receive said
moniesl we will deposit them in the account indicated".
Recommend approval of payment to SAS Signal Systems, Inc. in the
amount of $28,963 with funding from Account No. 001-3141-541-33.38
with the caveat that "while the City has no legal duty to collect the
monies, the City will do what it can to reasonably collect said fees
and if the City should receive said monies, we will deposit them in
the account indicated" for subsequent payment to the County.
..
r
.
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE .;II! SI, I" STRfYI. sun 4 iJllln'r III \CIf, II ORfD,\ 134~3
-+(17:'~43~ :IJt.f() II LI (()I'f1R 4!17 ~iS-P55
MEMORANDUM
Date: September 5, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Traffic Signalization - Delray Park of Commerce -
Cedarwood Companies
Cedarwood Companies, as a condition of plat approval is respon-
sible for payment for the installation of a traffic signal at
their north entrance on Congress Avenue located in the Delray
Park of Commerce.
The County authorized G.E.N. Signal Systems, Inc. (now known as
S.A.S. Signal Systems, Inc. ) to install the traffic signal.
Gates Castle, former City Engineer, in order to expedite the
installation, wrote a letter dated August 10, 1989 to the
County indicating that the City would pay for the signal
installation if the developer failed to do so. This
letter, in our office's opinion, is legally insufficient to
bind the City or commit the City to pay for the traffic signal
installation.
Subsequently, the City, Palm Beach County and G.E.N. Signal
Systems, Inc. sent letters requesting payment from Cedarwood
companies of $28,963.00 to G.E.N. Signal Systems, Inc. for
installing the traffic light. Our office has been in contact
with the Cedarwood attorney and have learned that the Cedarwood
Companies are having financial difficulties and are in the
process of formulating an informal work out of its debts.
The City has received the attached letter from Charles Walker,
Jr. , Director of the Traffic Division of Palm Beach county
which suggests that the City pay $28,963.50 directly to S.A.S.
Signal Systems, Inc. These monies will be deducted from the
$40,000.00 the City pays annually to Palm Beach County pursuant
to an interlocal agreement for the installation and maintenance
of traffic control devices on major roadways. After this
deduction, the City need only pay the County $11,036.50 instead
of the $40,000.00 for this year. The proposal states that the
City is to continue its efforts to collect from the Developer,
,
City Commission
September 5, 1990
Page 2
and when the monies are collected they are to be used to
reimburse the account from which payment to Palm Beach County
is made.
While it is our office's position that we do not have a legally
enforceable duty to collect the monies from the developer, we
recommend that the proposal by the Palm Beach County Engineer
be accepted with the caveat that while the City has no legal
duty to collect the monies, the City will do what it can to
reasonably collect said fees and if the City should receive
said monies, we will deposit them in the account indicated.
By copy of this memorandum to the City Manager our office
requests that this matter be placed on the september 11, 1990
agerr~a for approval.
(:@/
I '----.
SA : .
cc David Harden, City Manager
Bill Greenwood, Director of Public Utilities
Charles Axelrod, Civil Engineer
Kathleen Dearden, Land Development Technician
Charles Cantrell, Signal Systems Engineer - Traffic
Division
Charles Walker, Jr. , P.E. Director of Traffic and
Engineering Division
Frank E. Sala, President of S.A.S. Signal Systems
SE>f: -BY :X9'"ox.Te I ecop ;.~~~02r 8-16-90 ;1.4.:~3.. . 407 243 3774:# 2
I 00+
.~. ...-. ... . '< .. ' ..
Boardo( County Commissioners Count)' Administrator
Carol]. Elmquist. Chairman ]an Winters
Karen T. Marcus. Vice Chair
'"'uol A. Roberts Department of Engineering
..m Howard
Carole Phillips and Public Warks
AUlitUl3t 16. 1990
.
Kathleen It. Deattdat'l
Land Oev*lopment Teohnician
C1tv of D.l~av Beaoh
100 H.W. 1st Avanue
Delray Beaah. P'lot'idA :334411
SUSJ!CT: PAYMBNT ro~ SIGNAL INSTALLATION
N.W. 13TH BTRl!iET/N.W. 17TH AVEHU~ AND CONG~SSS AVENUE
-----,
De&tt M.. DeaI'den:
Thi8 COI'I'aapOndenoa is a tollOW-up to ~OU1:' ~ec~ht telephone
converllat1on w1th ChaX'l~l!I cantX'*ll, ot this ottioa, ~erta.I'<l1n~
p~D1ent tor the .ubject inteI'sQation. 1: am At>OI'ovin~ Ml' .
Cantrall's ttacommenoation tl"\at pavment to S.A.S. Si~nal Systems,
Inc. be It\a(1e 1mma<1iat~lY - ut111Bin~ the &.OQQunt fk'om whiah the
ann\lal payment (speaif1ea in the Inta~20VeI'nmantAl s1~nal
Asreement) is made. You may ~~e<11t th. 812n&1 inatAl14t1on aoate
ot thi. 1nteI'8action a~a1n.t the next payment.
-.
However. w~ reaomm*n<1 that ~ou Qontinue in :.rOUX' effOI''ta to obtAin
the tunc:11n~ 'from tha developar (WhO haa thl!!! I'eQuit'ament to coval'
the aforementionl!!!c:1 ai~n4l1sation 1natallat1on QQQts)~ The
De~elopar eontribution Qhoul~ De U81!1(! to zteimbu~se the account,
from whiah payment to palm BeACh Countv 18 mace.
Aa stleQifi~c:1 in the Inta1:'~ove~nment&1 s1~n.l AZl'..ment f the Cit~
ot Oal~a.y Beaah 18 to p~ tortV' thousand (!Ollal's ($40.000.00)
annuAllv to Palm Be.s.cn County toX" a pet-1od of tive VI!! 4k' 13
(be~inninlr J4nuaX'~ 1. 1987) . ThaX'.fore, tha Amount OWflc3 the
Countv, &i'te~ ~eaaivin~ a~ed1t ~o~. thl!!! SUbject inteX'Qaction.
which coat $2S,963.50. 1s $11.0:36.~o.
,. An Equal Opportunlt)' - Affirmative Action Employer"
ft"" ",.."n '''~C''r D,."~..f 'OC.4.rU 'C'ln'DTnA. ."..".., .",.....n ,,1\,.,\ 1"04 ,nl\n
"\.,1\1 .I.J I '^'" V^ 1<;; 1 <;;"'VIJ ' I Uil' O-IO-;;lU , I"."" , ... 4U'{ ,4j j'{P,;;; j
" ". - -
,
Thank ~ou tor YOUI' cont1nued oooDe1."ation anc:1 proll'lDt p~lI'Ient of
both the subject l!S1~n&1 coeta (to bfl made di%'e~tlY to 'the
oont%'&.ctoro) a.na the %'emA1n1ne DalAnoe owea the count~.
S1naerelv.
OPPI~NTY SNGINESR
.~
Chal'les R. Walke%', J%.'.. P.S.
D1rectol." - Trafe10 Division
...
CRWICLC:OB
Attachment,,: Lettfll' d~t~c:1 ^u~ust 10. 1989
Letter aated Auauat 31. 1989
Lettel' dAted Ootober 12. 1989 (w/t)ao}(-up)
Lette~ dated Feb1."u&rY 2. 1990 (w/baQk-u~
cc: Joaeph 1". Bel."~.I'on. C.P.A.
D1rectol' - En21n8.%'1n~/Fi.oal Manaaem.nt
Frank S. Sa-8al... Pl'a"ident
S.A.S. Si~na-1. S~llIteMs, l.nc:!.
Files Intet'aeot1ona - ItNW 13th St./KW 11th Ave. & COnCl'e811 AV....
MUr\1cipalit1es - "C1t~ of Oelrav Beach"
- ... _..
, . . ." -. ..... LLv
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[ITY DF DELAAY BEA[H
'00 N.W, Ht AVI:NUE . DI:LRAV BEACH. FLORIOA 33444 407/243.7000
ENGINEERING DEPARTMENT
AUgust 10, 1989
Palm Beach County Engineering
Post Office Box 2429
West Palm Beach, Florida 33402
Attention: Mr. Charles cantrell
~-
Subject: Congress Avenue at Pines of Oelray North/
~p.lray Park of Commerce Entrance ~
Gentlemen:
As discussed, the City is anxious to have the County proceed
with the traffic signal installation at the subject
location. Cedarwood, developer of Delray Park of Commerce,
has committed to pay for the s ign.al. In order to expedite
the installation, the City hereby commits to pay for the
signal should the developer fail to do so.
If there are any questions, please contact me.
Very trul~'yours,
)J~~ ~~
Gates D. Castle, P.E.
City Enqlneer
GDC:Slg i
\
cc: Frank Spence
.
AU& 11 \S8t
- - . - .
SENT ~Y:X~rox Telecop;-~ 7020 8-:5-80..;.. H' 3: . '. ,. ..-+ 407 2~3'3774;# 5
I ' . . .
.
Bdard ~ County Commission" coun~ Adminbtrator
an Winters
Carol J. Elmquist. Chairman
Karen T. Marcus. Vice Chair Department of Eniinccr~
Carol A. Roberts and P\lbllc Works
Ron Howard
Carole Phillip!!
.
August 31, 1989
Gates D. Castle, P.E.
City Engineer .'
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
SUBJECT: PINES OF DELRAY NORTH/DELRAY PARK OF COMMERCE AND CONGRESS AVENUE
Dear Hr. Castle:
This correspondence is in response to your letter of August 10, 1989-;-regarding
the subject intersection. The Traffic Division has scheduled t~ignalization
design of this intersection and the plans are nearing completion. The signal
will be installed under our annual contract.
I hope the above information satisfies your needs. If you have any further
questions, please do not hesitate to contact this office.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
f'cU/6t#
Charles L. Cantrell
Signal Systems Engineer - Traffic Division
CLC: G(ff:'fb
cc: Kathleen E. Dearden, Land Development Technician - City of Del ray Beach
Frank Spence. Director of Development Services - City of Oelray Beach
File: Intersection - .Pines of Del ray North/Delray Park of COlllJlerce and Congress
Avenue II - ~
c1c\garylet3
.. An Equal Opportunity - Afflrmiltive Action Employer"
SE'JT.BY:Xerox Telecop;.~ 702r 8-16-90 ; 14.:3,5 . ... 40? ..?,4~~.7.l.4.,!.!_L_.
,
. .-+. ..
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.
Board of CO\,lnt)' Commissiom.'rs County Adminilltrator
. , J.m WinrCt~
. .
e.Hol J. Elmquist, C11.lirm.\l1
. arcn T. Marcus. Vk..' Ch.dr l>cpolftmcm or Engineering
_ ;\rol :\. Rob<rtli ;tnd Puhlic Work..
Ron Howard
Cilrol~ Phillips
February 2, 1990
Frank E. Sasala, President
George Neger Signal Systems, Inc.
1220 West Industrial Ave
Boynton Beach, FL 33426
SUBJECT: t N':V7''fIfR,.yREET1ltY:~I1tIl'''lgOOrDir't0lllItsr,.,
CONTRACTOR INSTALLED TRAFFIC SIGNAL SEMI -RELEAf'~ --
Cear Hr. Sasala:
Palm Beach County has completed its semi-final inspection of the traffic signals
that George Neger Signal Systems, Inc. recently install ed 'it- the subject
location. This inspection indicated that all specifications and requirements
were satisfactorily met. Therefore, please consider this letter our semi.
release.
The 50-day burn-in period began on Thursday, January 25, 1990. Thereforet the
final inspection wtll be on Monday, March 26t 1990. Palm Beach County will
issue final release and acceptance for maintenance of the traffic signal when
the installation passes final inspection.
By copy of this'letter, we are notifying Mr. Anthony A. Petrarca, President of
The Cedar Wood Companies about the status of this project. We are authorizing
the release of full payment, totaling $28,963.50.
Your cooperation in this matter of mutual interest is greatly appreciated.
Sincerely, .
OFFICE OF THE COUNTY ENGINEER
a~ }f, c,-it:;t/
Charles L. Cantrell
Signal Systems Engineer. Traffic Division
CLc:d1<<p . '
Peter Patane, Materials Manager ~ Traffic Division ,
cc:
Vincent Sheehan, Supt. - Traffic Operations
Anthony A. Petrarca, Pr~s1dent . Cedarwood Construction Company, Inc.
1765 Merriman Road, Akron, OH 44313
Gates D. Castle, P.E., City Engineer, City of Delray Beach
File - Intersection" na 0 & li .
clc\nw13&nw17
.. An H'l\l~1 Opportunity. ,'\I'ritlll.ui\'t. ..h',ion 1=00J,llJ\'cr"
_ _>.. _, ,...'.." ,....... w r' . '''' .' .." t.... .,., , I..,....,'" , 'HI I ''+v v/l..,,, I
.. . .
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9~' 1t~ S~ S~4 'l.e. INVOICE NO.
4181 N.W. 1st Ave.. Suite #9 9001-07
BOC~1 QAT&
407-338-3654
..
TIJIM
Mr. Anthony A. Petrarca
The Cedarwood Oonpanies
1765 Merriman Road "
Akron, Ohio, 44313
\.
C&SCR1PTION AMOUNT
COMPLETION OF TRAFFIC SIGNALIZTION AT:
N.W. 13TH ST./N.W.17TH AVE. & CONGRESS AVE. - - ,
(DELRAY PARK OF CCMMER~) ----
SIGNAL PLAN PACKAGE NO. 89~86------~~-~~-~~~~~-~~-~~ 28,963. 00
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PLEASE PAY FROM THIS INVOICi SUB TOTAl. 2 a , 963 . po
.
TAX
TOTAL $ 28 ,963. 00* iir
.J
- . -
. . - -- . -~, ...-
~~')a;~..or Count)' Commission countt Administrat<
an Wlntt:ts
C.1rol J. Hm<\uist. Chairm.m
K.m.'1I T. M.m:us. Vkl' eh.lit I.)epartment of Engin~crl~
C.. wI A. Hol>~'rts olnd Public Work~
Ron Howard
Carole Phillip:!
Frank E. Sasala, President
George Neger Signal Systems, Inc.
4181 N. W. 1st Avenue. Suite 9
Boca Raton, FL 33431
SUBJECT: N.W. 13TH STREET/N.W. 17TH AVENUE AND CONGRESS AVENUE
AUTHORIZATION TO INSTALL TRAFFIC SIGNAL
Dear Mr. Sasala:
Please consider this your authorization to install a traffic control signal at
the subject intersection as shown on the enclosed Signal Plan Package No. 89.
86. This installation is to be accomplished under Palm Beach County's annual
contract for the installation of traffic signals. As can be seen from the
enclosed Summary of Quantities. the total cost of this projeet-4s $28,963.00.
For your information. this signal installation is to be funded by a developer
who has made a commitment to pay for this installation. Enclosed is a copy of
a letter verifYing that this money has been made aval1able. You will be
authorized to draw on this fund for payment upon completion of the installation
and this Division's semi-final inspection.
I f you have any further quest 1 ons, please do not hes Hate to contact this offi ce.
Sincerely.
OfFICE Of THE COUNTY ENGINEER
C~uk c:l a. )f:#
Charles L. Cantrell
Signal Systems Engineer - Traffic Division
'CLC:tb
Enclosures: Signal Plan Package No. 89-86
Summary of Quantities
letter Dated September a, 1989
cc: Peter Patane, Materials Manager - Traffic Division (w/Summary)
Vincent H. Sheehan, Superintendent. Traffic Operations (w/Surnmary)
Paul H. Boisvert. Contract - Signal Installation Coordinator (w/Summary)
File: District 4 Intersections - uN.W. 13th St/N.W. 17th Ave & Congress Ave"
clc\13-17&ca
ll^n Equal OpportunIty. AFfirmAtfve Action Employer"
BOX 2429 WEST PALM BEACH, FLORIDA 33.402.2429 (407) 684.4000
. - - -',,1' ....,..'" ..... t ,_. '" '"
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N.W. 13TH STREET/N.W. 17TH AVENUE AND CONGRESS AVENUE
CONTRACT NO. 89-86
1 TEM ~O.1- QIY UNIT DESCRIPTION E.L9B....1- _.ERI CE ~UBTQTAL
63()-11C) 6<:l L.F 111 OVERHEAD CONDUIT F ~( I 3. (>c) 180.00
630-111 30 LF 2" OVERHEAD CONDUIT F & I 3.50 105. ell)
63(;-112 65 LF 2" PVC UNDERGROUND CONDUIT F t< I 2 II :IC) 212.50
6.:~O-132 20 LF 2" F'VC RIGDID JACKED CONDUIT F ~ I 29. C)(l 580.00
632-1-2~) 1 F'I SIGNAL CABLE (SPAN LENGTH F & I 1~285.0(l 1 , 285 . e)L>
RANGE = ~50' - 575')
6.32-1-99 1 PI PEDESTRIAN SIGNAL CA~LE F 8< I 191) . O() 190.00
(SEVEN CONDUCTOR)
634-1-.125 1 PI SPAN WIRE ASSEMBLY (SPAN F & I 985. Or) 985.00
LENGTH RANGE = 550' - 57~')
635-1-1 3 EA PULL BOX (NON TRAFFIC) F & I --'-1.3Cl. 00 390.01)
639-1-13 1 AS ELECTRICAL POWER SERVICE F & I 365. ell) 365.00
(OVERHEAD)
641-1 4 EA GUYING CONCRETE STRAIN POLES F ~< 1 is!) . 00 6(H) . ou
641'-.13-44 2 EA 44' CLASS VI CONCRETE POLE F & I 1 , 715. l)() 3, 430. 01)
650.-1-131 10 AS 3-SECTION ALUMINUM SIGNAL F g( I 490.0() 4,900. ()Cl
HEAD (12")
653-112 4 AS 12" F'EDESTR I AN SIGNAL HEAD (2 F B< I tAO . OCl 2,560.00
WAY) .
65S'-107 3 EA ALUMINUM PEDESTAL F 8< I 325.00 975.00
66Cl-12A 5 EA DETECTOR AMPLIFIER WITH F' I!~ I 127.00 63::1.00
HARN~SS (NORMAL FUNCTION)
6t,c)-12C 1 EA DETECTOR AMPLIFIER WITH F ~ I 295. (1) 295.0<)
HARNESS (SEQUENTIAL STRETCH /
DELAY FUNTION)
66(l--13A :2 EA DETECTOR LOOP & LEAD-IN WIRE F '!, I l?::'.OO ~: 50 . 00
( 26' l1UADR I POLE)
.
t.t;,(l-1.3B 4 EA DETECTOR LOOP & LEAD-IN WIRE F & i 1 9 7 . (ll) 788. [)(J
(46' QUADRlPOLE)
,S6C-~i3D 2 EA DE1ECTO~ LOCP & ~EAD-IN WIRE F" .~~ I 295.0J ~19() . (H)
({-mVANCE LOOP)
/ I :~., :',i - .. .11 :3 EA PEDESTRIAN DETECTOR F I?: I "72 . ()(~ ~.7 6. (F)
..
, - - ,
, . ....,..... I ...~.... ...." ~, '!"T , ....,
'. . . 0,.-__
.
. .
. .' .
'. - I'
. ~ . ..
N.W. 13TH STREET/N.W. 17TH AVENUE AND CONGRESS AVENUE
CONTRACT NO. 89-8b
IT~M NO. ~ Lllill DESCRIPTION FI OR I PRICE SUBTOTAL
665-11 8 (PUSHBUTTON)
671-13-8() 1 EA 8-PHASE CONTROLLER (MICRO F & I 6,487.00 6,487.00
PROCESSOR)
677-11 1 EA BASE CABINET MOUNTING F & I 360.00 360.00
6'~-11-3B 1 EA .TIMe: BASE COORDINATION UNIT F & I 1 , 140 . OC) 1,140.00
(J DIAL M IN. )
715-92-12 1 PI COMPLETE STREET LIGHT INST. F & I 985.00 98~.OO
(2 STREET LIGHTS)
-~-------------~---~
Totilll. 2e,963.~O
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERZ;~1
SUBJECT: AGENDA ITEM # qM - MEETING OF SEPTEMBER 11, 1990
APPOINTMENT OF A MEMBER TO THE NEIGHBORHOODS TASK TEAM
DATE: September 7, 1990
This is an appointment to replace Dr. Barrett as a member of the
Neighborhoods Task Team. For personal reasons Dr. Barrett is unable
to fulfill his obligation to the Task Team and therefore is requesting
that a replacement be designated. Dr. Barrett has provided a
recommendation for possible appointment. The following individuals
are recommended:
Bob and Susie Richley
Dr. and Mrs. Tomalarie
Rick and Amy McCracklin
This is a Mayoral appointment.
Recommend appointment of a member to fill Dr. Barrett/s position on
the Neighborhoods Task Team.
_ /J-1
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER , ~
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTt1~
SUBJECT: NEIGHBORHOODS TASK TEAM - ORGANIZATIONAL MEETING
---
DATE: AUGUST 31, 1990
Attached please find the agenda that was used for last night's
organizational meeting of the Neighborhoods Task Team. We are
pleased to report that the meeting was a success. I have also
attached a copy of the attendance report for your reference.
We had only one absentee that did not show without notification.
Mr. Barrett, who was appointed by the Mayor, called to inform us
that he is unable to fulfill his obligation due to personal
circumstances and would like to offer some of his neighbors names
as alternates that the Mayor may contact. Their names are as
follows: Bob and Susie Richley, Dr. and Mrs. Tomalarie and Rick
and Amy McCracklin.
The meeting lasted until 8:30 pm as planned. Comments were all
favorable from the persons that attended. The Neighborhoods Task
Team will be meeting every Thursday evening from this point on at
7:00 pm in the first floor conference room until further notice.
Staff will provide you with an agenda packet each week for your
reference. We anticipate providing staff reports and positions
to the Commission on a monthly basis.
LB:DQ
Attachments
D/7
NTTl. CM
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGERt"J't1
SUBJECT: AGENDA ITEM # o,V - MEETING OF SEPTEMBER 11, 1990
APPOINTMENT OF AN ALTERNATE MEMBER TO THE BOARD OF ADJUST-
MENT
DATE: September 7, 1990
This is a Seat 2 appointment of an alternate member to the Board of
Adjustment. This appointment is for a one year term. We received
applications from:
Scott C. Bechtle Milford Ross Benjamin Warren
Mark David Mark Shepard
Susan Gracey Sidney Soloway
Recommend appointment of an alternate member to the Board of
Adjustment.
.
MEMORANDUM
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TO: David T. Harden, City Manager
THRU: Alison MacGregor Harty, City Clerk
FROM: Anita Barba, Board Secretary~
SUBJECT: APPOINTMENT OF ALTERNATE TO THE BOARD OF ADJUSTMENT
DATE: September 6, 1990
At the August 28, 1990, regular meeting of the City Commission,
appointments were made to the reconstituted Board of Adjustment as
follows:
ReRular Members
Alvaro Vera (one-year term)
Kyle Kopytchak (one-year term)
Lorraine Kasper (two-year term)
Jon Levinson (two-year term)
Anthony Veltri (two-year term)
Alternate Members
Robert Moore (one-year term)
Vacancy (one-year term)
Commissioner Alperin requested that his appointment for an alternate -
member with a term of one year be deferred to the next regular meeting
to allow him additional time to review applications. Therefore, the
matter has been scheduled for September 11, 1990.
The following persons have submitted their applications and resumes for
consideration: Scott C. Bechtle, Mark David (previously an alternate
on the old Board of Adjustment), Susan Gracey, Milford Ross, Marc
Shepard, Sidney Soloway and Benjamin Warren.
In order to qualify for membership, "A member shall either be a
resident of or own property in the City and/or own a business within
the City. Additional qualifications may be established for individual
boards."
naboa.txt
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME '-r.~/' G
- 711- ^
-55 J .s e. (~ 5;-j u~~y
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 4-'iCf - Qc;&8 BUSINESS PHONE 2A~- /9t14-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING gi?AC' N- .4....J~
16t-1u-/0~L 6h cP 7At.k>,.-~ '/ BOQvo- d. o-t A-d.~ u5t~e~-t
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
/
'~CUI~
EDUCATIONAL QUALIFICATIONS 146 -- Ac?c.r(!:) .
,A/!.6; It - h,v..,.~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITIONA~~r1' ~Jt< -,;JC.
lJcL7~.J!!r'NN'Jl~~hI~'- ~ - (,/Zl1hIJ -PJTv'IEItl
I '
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ~ ~ ~
6C~ 44-____~ L ~k-j~Q'/ d7'1L. ~--rI.
/ '
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PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
-~. Qiptr 6d- ~ Z:"', /tfc:I()
SIGNA DATE ---
4/90
. r .
,:q'H:CJ7VIi: 1./-'
/U-.vr6./i:..'.,:. /Ij&
,
Resume of
SCOTT CHARLES BECHTLE
Pablo Point Born: December 22, 1950
13638 Cardona Drive Height: 6'1" Weight: 178 lbs.
Jacksonville, FL 32225 Excellent Health
(904) 246-8558
OBJECTIVE: Seeking a permanent alliance with a prolressive firm which can
profit from my aggressive efforts in the area of financial
~nistration and reporting syst....
-
EDUCATION: -mNMOUTB COLLEGE, West Lonl Br.~'" Jersey 07764
Kaster of Business Administration (M.I.A), May 1975
~hasis on Accountinl and Financial Manale..nt
Honors Graduate
WAYh"ESBURG COLLEGE, Waynesburl, Pennsylvania 15370
Bachelor of Science in Business Adainistration - Accountina, May 1973.
Member, Alpha Kappa Psi (National Honors Business Fraternity)
Treasurer, Phi Sigma Kappa Vice President, Inter-Fraternity Council.
EXPERIENCE: STATE OF FLORIDA - DEPARTMENT OF INSURANCE
Tallahassee, Florida 32301
June Position: Assistant Chief Examiner
1985 Acting Chief Examiner (4-1-86)
to Maintain full relulatory authority in the administration of Florida 'Ii
,- '''-8..ft~ Insurance Laws relatinl to licensing, supervision and financial
~ examination of ,some 1500 insurers. Coordinate countrywide solvency
monitoring of all authorized, surplus lines, and reinsurers. Super-
vise assignment and review of examination/audit process activities
as NAIC southeastern zone secretary. _pirectly responsible for
coordination of certificate of authority application process.
Responsible for the compilation of the Department's Annual Report.
Developed a comprehensive in-house financial/auditing training
prolram. Represent the Department in official meetinls dealinl
with insurance industry, regulatory and legislative matters.
Work closely with all divisions of the NAIC~th special interest
in task involvement for statutory reporting, asset valuation,
actuarial reserving, reinsurance and solvency in leneral. Implemented
an automated system of analysis of financial condition and statutory
compliance. Supervise and conduct investilative hearings regarding
statutory violations. Supervise in excess of 100 employees in three
functional areas.
ENGINEERING AND PROFESSIONAL SERVICES INCORPORATED
Shrewsbury, New Jersey 07701
January Position: Vice President-Finance
1984 Had full responsibility for all financial reporting functions.
to Totally directed all budgeting and strategic planning operations
October and reported directly to and assisted the president in a majority
.... '... 1984 of operations policy. Implemented a contract monitoring system for
,
-
r , ~
~ ~,. ',.:. .-:. 1'..- ....
.
-
.
key ~actor studi.s and Statement of Work (SOW) adberanc. to re-
quir...nts. Responsibilities include all accountinl and tax
r.port pr.p.r.tion, contract propos.1 enhancement, and overall
corpor.t. .dBdn1stration. This was a one year consultant
.gr....nt contract with a prior employer.
~ CINEMA 'N' DRAFTBOUSE, INC.
Jacksonville, Florida 32211
June Position: President
1981 Operated one of the most profitable movie theatre/restaurant
to combination franchise operations nationally. Responsible for all
September profit and loss accountability, strategic planning and administra-
1985 tive op.r.ti01l8. A truly unique and often copi.d cODcept, expansion
was underway in both the Northeast and Florida markets. All interests
relinquished October 1, 1985.
THE CHARTER COMPANY
CHARTER SECURITY LIFE, Charter Insurance Group, Inc.
Jacksonville, Florida 32202
October Position: Vice PreSident/Director of Finance and Budgeting
1980 Responsible for all financial reporting aspects of the holding
to company directly supervising full control of nine subsidiaries
March including Charter Security Life Insurance Co. Was instrumental
1982 in profitability studies relating to new product development,
as well as the corporate budgeting process culminating with
the Annual Plan. Was a keynote contributor in the year end
planning and presentation of Board of Directors reports.
Administered monthly financial report presentations of all
subsidiaries and provided executive management studies. Fre-
quently undertook special projects including quarterly operational
reviews and management reports systems (MaS). Participated
actively in aggressive acquisition procurements. Demonstrated
strong technical proficiency in a "take charge" environment while
adhering to a rigidly structured schedule.
THE PLANNING RESEARCH CORPORATION. Ft. Monmouth. New Jersey and
McLean. Virginia
March Position: Configuration Management Administrator
1979 ResponSible for Planning and Contract Support fo~ the Joint
to Interface Task Force Commander of the Joint Interoperability of
October Tactical Command and Control Systems (JITF-JINTACCS). Provided
1980 overall direction for planning test conduct. and measurement
- evaluation for achievement of Compatibility and Interoperability
of the Military Services in a tactical environment. Supervise~
automation for monitoring and reporting of test compliance. ::"sults
and subsequent recommendations to the Department of Defense (000) and
various National Security Agencies as to test effectiveness.
Additionally restructured and implemented a fully automated financial
reporting system for contract adherence which was subsequently adopted
by the Defense Contract Audit Agency (DCAA). Maintained an extensive
client interface as direct liaison with the Joint Service Office.
Nature of work was sensitive to National security and held a security
-""'"'" level at or above TOP SECRET.
..-
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PRUD~IAL PROPERTY AND CASUALTY INSURANCE COMPANY
Corporate Office. Boadel, H.. Jersey 07733
February Po.ition: Senior Financial Planning Analyst
1977 Responsible for coaplete ada1nistration and coordination of the
to ADDu.1 Plan, projecting in excess of $800 aillion preaium volume.
March Directed development, compilation. and implementation of all financial
1979 planning guidelines which determined final profit and loss projection
results. Responsibilities included administration of accounting
functions, ratio analyses. evaluation of agent efficiencies. initiation
of sales and market research studies and long range forecasting.
Possess in depth knowledge of claims, underwriting operations, and
financial management procedures through self-initiated departmental
rotations. Excellent oral and written communication skills with all
executive levels. Successfully conducted manageaent conferences
and participated actively in various Board of Directors presentations.
SHREWSBURY MOTORS, INC., Shrewsbury, New Jersey 07701
Volkswagen of America/World-Wide Volkswagen Corporation
June Position: Controller
1973 Responsible for complete financial manageaent and general accounting
to functions. Supervised full financial stateaent preparation and
February analyses. Restructured and iapleaented budgeting techniques, sales
1977 forecasting. and market trend strategies. Automated all financial
and inventory systems and received Commendation for Excellence
in Business Management, 1975 and 1976, from World-Wide Volkswagen -
Corporation, Volkswagen of America, Inc.
-,
BROOKDALE COMMUNITY COLLEGE, Lincroft, New Jersey 077 38
June Position: Associate Professor (Part-Time Evenings)
1976 Curriculum: Accounting, Business Management and Economics
to
1980
COMMENT: Personable and energetic. Excellent oral and written communication
skills.
REFERENCES: Promptly furnished upon request.
--
, .....
CITY OF DELRAY BEACH W ' 'i / J..I / qu
BOARD MEMBER APPLICATION
. .
NAME \w\ ~Q. \< bAV \ D
\100 '"t>O\fE.2. .~b ~\o8 A 'bt..\..~~'i ~~~+5
HOME ADDRESS (Street, City. Zip Code) (LEGAL RESIDENCE)
Cl"r'f ~~L.'- "C) 0 %LUE.. ~i..Q. O~ ~ L'l~X\J\E..R~ ~ c ~
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOME PHONE . 4-~ ~ -4'1 '3 2... BUSINESS PHONE ~ ~ 5 -4. [) " 0
ON WHAT BOARDS ARE YOU I~TERESTED IN SERVING
~OAo...I;) 0;" ~:O~vS~ ....e:.W-r
~\ \'E.. .~~W Q.!..\I \ E.~ t.. ~"eA Q.~~c..~
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~OPro..\:) o~ ~'b-:ru~-rt'\c\J"'" 4- ,(.E..A~S.
EDUCATIONAL QUALIFICATIONS ~p,.~\ E Q..~ c. t .,.~ ~L."~ ~ \ ~ ~
~ k ~ .. \.. OQ.. ~ lc. "" \ \" e. c.:'\ u Q. E-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~\c..~ - ~ ~~~~~1C~P~~~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, &~D POSITION
<:",\,'1 o~ Q.\\J\E~~ &c.~ - ~e.~\.O~ ~A~~ e.~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD /
9 ~o~e.. ~s. \ow P\'- c... \'\'f P L..~W ~ e Q. &"Q.c::.t\ \Te.c..-r
. (
~e."C.T\.~E. A-LL ~Aoc.E..T' ~ &1=. c..\,~", ~c...~~ ~ t\J ~)
S\~E.. ~~tJ ~e\l\EW L. COk"",,U\..} \~..., ~'~E.~Q.~\J~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE .~~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED I~ THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF fu~Y APPOINTMENT I MAY RECEIVE.
~'j).~ \t ~'lO
SIGNATURE DATE
4/90
/.' ~.,l." V Rvt-. /J .. J. I.. 1 (,
I \
CITY OF DEL'~Y BEACH
(~ BOARD MEMBER APPLICATION
---'
??JSA~\ (~7t 17"~~Y
NAME ,
_PO e:-..:cJX. ?>O ~ \ --
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
DG.~y ~, t==L.6.. 33!L~1- 3011
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP nS<::'l ("~ C'-L-
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HOME PHONE BUSINESS PHONE
ON WH~~BOARDS ~E~YOU INTERESTED IN SERVING Af\..l Y - c:-c:J ~
. e=- 1-4. ~ T7CC?f-1 S^-lT .
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please inolude dates) r--4 (') rJ. Ff -
.
- -
._. EDUCA T~~AL QUALIFICATIONS M.A.~~17-~ A 'PrH 1:1. ~~ I("~ '
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LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
--.----.--- -
------ -
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION --:5eL ~
-----
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. b,12-ADlA-lBn . I~~? SD~~g~f;~-Y~ ~~ s~n~~~
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PLEASE ATTACH A BRIEF RESUME. P~"et2.>( 6'<'
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I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION 'MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 9/<1 ~~ 8011
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-
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
/
NAME _;1IA~C)R!/ ;(!cJ :7 S
---
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
~ I $A) /rf/IT 41E. t!6 /'10 j)~t- /C'17 Y ~cfCIf h. ~'3Yr/.r
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ./
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2 ,1,f'- 09'?i~
HOME PHONE BUSINESS PHONE
ON WHAT BO~ROS ARE YOU INTERESTED IN SERVING \-tU~a. ~ R:eJO- 1" l O' n ~ '.
J
ere.. -.A- 1>,,/ (/5~ -
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVI~ OR HAVE PRE3IOUSLY
SERV D (Please include da tes) (i, {/I j, e:; ~ /2 Y'/ e 'C:... /~fl~ - /;<1"</ -
e- C It I C f/ c: ?/ ,up
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EDUCATIONAL QUALIFICATIONS afc..€-9~~ -
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LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
- - ----.- --
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GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION h,IlE/2Pt.. ~,-
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DESCRIBE EXPERIENCE~ SKILLS OR )NOWLEDGE WHICH QUALIFY YOU TO SERVE ON
T~. BOARD. ~s ):,'e A7,.cS5 /A/ € /Z 5~ 4'/~u.: -I- /,{,.p~'?772 /,pt..._
<:- c", L. /9 ;r/ C A/ - __ ~
-------
PLEASE ATTACH A BRIEF RESUME.
\
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND ... AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
Io/O~E ~ -- _~di~_____-
DATE
.
.
}
CITY OF DELRAY BEACH . ,\0
BOARD MEMBER APPLICATION ~ q-
rn qll'C s- ktpo.rJ ;1-" ~
NAME
~ Lf-Sl 0 ;JuN;per Or-;vej Oel,-.y f;e,.ch.. 33tfLf-S-
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
~M€..
PRINCIPLE BOSINESS STREET ADDRESS, CITY, ZIP
.2tt.3. - crtifl S~~
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS AR~ YOU I~EREST~I. SERV~.~ ~ ~~~~~
. ~-"1 J;;Q, lJ Co.,.tlOh J C G t 0 A I C
LIST ALL CITY BOARDS ON WHICH YOO ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) NoN~
QUALIFICATIONS
'1'1 f'eVer4(
-I LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOO HOLD.
NcN<lL
AND POSITION JPJ~ ~h ~
....
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~~~RE4J J. ' 7 - 10
DATE
----
CITY OF DELRAY BEACH
- BOARD MEMBER APPLICATION
SI(iV\e.,\ S. SO\.~W~
NAME
~~~. 1\\..(0, \~ ~i-. C.l>foS' D&t~-:e~ tJ ~4-lfr
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESID NCE)
) N~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
--
~, ~- liJ!) .saAlA~
HOME PHONE BUSINESS PHONE
ON WHA~RDS ARE YOU Il:tERE~ED ~~ SERVjNG ~Q.\\.'t\\V\' (A..~ ~c;J~~",
~~..- ''?v., eLl} {'J ~ It-S U1..e
YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
'" \....\..,~.l~~~\l~~~ _C!~
EDUCATIONAL QUALIFICATIONS '),..~rs. ~ ~t -
-
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LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
_____~~1d ,; --
------
GIVE YOUR PRESE~T, ~MOST RECENT EMPLOYER, AND POSITION
~Q, \Cc- e-\,L&.~~~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. '-l1~ 0,," p lo-~~~'1 t'" )..O~"'-'i bo~.
--
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND ~ AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~T~ ---- _~J~_________
DATE
,
~ i I ::J I a 0/ .t.-
ec: CITY CX)MMISSIOO
CI'r'l CLERK ..
Mr. James Pennington 3"
City Manager 1!qD 9-~lc/1
De~ray Beach City Hall
Delray Beach, Fl. 33445 ~?
Dear Mr. penninqton:
I hereby request that I be considered for any future vacancy that
may become available on the Delray Beach Code Enforcement Board or
Board of Adjustment.
My background includes~- employment in both private industry and
the U.S.Government. I was employed by the Brillo Mfg. Co. ,
Brooklyn, N.Y.for 29 years where I advanced to Production Manager,
a position I held for 15 years. At Brillo,I supervised 6 engineers,
a machine shop staff of 40men, a shipping and receiving department
of 25, 43 supervisory personnel and a production force of 500
employees.
I was later employed by the US Governmnat as an Efficiency Expert
&performing Method,Time , and Motion Studies for the Defense Contract
Administration Services, Ne\v York Region.
I subsequently transferred within the Dept. of Defense to the
Production Dept.as an Industrial Specialist. My function was to visit
facilities working on Government contracts to ascertain their
capability to manufacture and deliver per contract. I was responsible
for uncovering fraud in nine different corporations which ultimately
resulted in their prosecution and in several cases the termination
of their business by the Government.
As recently as August 1986 I ~as subpoenaed by the US District
Attorney to testify on behalf of the Government.
I moved to Rainberry Bay in Delray Beach from East Meadow N.Y. in
June 1985. I was nominated and elected to the Board of Directcv
of Rainberry Bay in March 1987. One of my areas of responsit' .yf
on the Board includes giving Architectural approval for a- chan<;es
to ~e. exter ior of the homes in Rainberry Bay provided .2 plans
meet the regulations and permits of the city of Delray Beach.
I feel that my experience and expertise and my interest in serving
the community will be beneficial to the City of ~lray Beach.
;?1erelY YO,)
. ~ ~
~ . ,/Z~C /~
IBEN,;iMIN C. WARREN
2~55 NW 14th Street
li)elray Beach Fl.
(Rainberry Bay)
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [!ftA
SUBJECT: AGENDA ITEM #7'tl- MEETING OF SEPTEMBER 11, 1990
ORDINANCE NO. 26-90
DATE: September 6, 1990.
This is a second reading of an Ordinance amending the Code of
Ordinances by repealing Chapter 159 "Landscaping" in its entirety and
enacting a new Chapter 159. The objective of this ordinance is to
improve the appearance of certain setback and yard areas in
conjunction with the development of all commercial, industrial, and
residential properties, including off-street vehicular parking and
open-lot sales and service areas in the City. A public hearing on
this item was held at your August 14th meeting. However, formal
approval action was deferred. This item is before you for completion
of the approval action.
Provisions of this Ordinance include installation of four trees a
minimum of eight feet in height; screening air conditioning units;
sodding lots areas not being used for structures or parking; sodding
up to the edge of pavement adjacent to right-of-ways; screening off
refuse areas; and installation of automatic irrigation systems.
Additionally, this Ordinance will apply to existing commercial and
multi-family properties built before 1971 which were not required at
the time of construction to comply with minimum landscape
requirements. It is proposed that all properties in this category be
given three years from the effective date of this ordinance to comply.
Recommend approval of Ordinance No. 26-90.
-
I
.
ORDINANCE NO. 2 6- 9 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING
REGULATIONS", BY REPEALING CHAPTER 159, "LANDSCAPING"
I IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 159,
"LANDSCAPING" , BY ENACTING A NEW SECTION 159.01,
"OBJECTIVE; SCOPE", TO PROVIDE FOR COMPLIANCE WITH THE
COMPREHENSIVE PLAN, FOR THE PURPOSE, AND TO PROVIDE
MINIMUM STANDARDS; BY ENACTING A NEW SECTION 159.02,
"DEFINITIONS", TO PROVIDE FOR PERTINENT DEFINITIONS ~
BY ENACTING A NEW SECTION 159.03, "APPLICABILITY" , TO
PROVIDE THAT THE LANDSCAPING CODE WILL APPLY TO NEW
DEVELOPMENT, EXPANDED DEVELOPMENT BEYOND ORIGINAL
FOOTPRINT AND TO EXISTING NON-RESIDENTIAL PROPERTIES;
BY ENACTING A NEW SECTION 159.15, "APPLICATION/
PROCESS", TO PROVIDE FOR SUBMITTALS OF LANDSCAPE PLANS
AND CONTENTS OF LANDSCAPING PLANS ~ BY ENACTING A NEW
SECTION 159.25, "SITE DESIGN STANDARDS" , TO PROVIDE
FOR WATER CONSERVATION, MINIMUM OPEN SPACE REQUIRE-
- MENTS, PRESERVATION OF EXISTING PLANT COMMUNITIES,
~
-' " NATIVE SPECIES, SITE SPECIFIC PLANTING MATERIALS,
~ PROHIBITED PLANT SPECIES, AND CONTROLLED PLANT SPE-
CIES~ BY ENACTING A NEW SECTION 159.26, "LANDSCAPE
DESIGN STANDARDS", TO PROVIDE FOR DESIGN CRITERIA,
INSTALLATION OF LANDSCAPING, PROHIBITION OF VEHICULAR
ENCROACHMENT, QUALITY OF PLANT MATERIALS, TREE NUMBER,
SIZE AND SPACING, TO PROVIDE FOR NUMBER, SIZE AND
SPACING OF PALMS AND HEDGES, TO PROVIDE SPECIFICATIONS
FOR THE PROPER PLANTING OF GRASS, GROUND COVERS, VINES
AND MULCHE S , AND TO PROVIDE FOR IRRIGATION STANDARDS;
BY ENACTING A NEW SECTION 159.35, "MINIMUM LANDSCAPE
REQUIREMENTS" , TO PROVIDE MINIMUM LANDSCAPE REQUIRE-
MENTS FOR NEW SINGLE FAMILY RESIDENTIAL UNITS, DUPLEX
RESIDENTIAL UNITS, NEW MULTI-FAMILY, COMMERCIAL AND
INDUSTRIAL UNITS AND EXISTING MULTI-FAMILY, COMMERCIAL
AND INDUSTRIAL USES~ BY ENACTING A NEW SECTION 159.36,
"MINIMUM MAINTENANCE REQUIREMENTS" , TO PROVIDE FOR
MINIMUM MAINTENANCE REQUIREMENTS FOR ALL LANDSCAPING
FEATURES; BY ENACTING A NEW SECTION 159.37, "SIGHT
DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-
WAY AND POINTS OF ACCESS", TO PROVIDE FOR TECHNICAL
COMPLIANCE TO INSURE VISIBILITY; BY ENACTING A NEW
SECTION 159.45, "ENFORCEMENT" , TO PROVIDE FOR COMPLI-
ANCE AND ENFORCEMENT; BY ENACTING A NEW SECTION
159.46, "PENALTY" , TO PROVIDE A TWENTY FIVE DOLLAR A
DAY PENALTY FOR EACH DAY A VIOLATION CONTINUES TO
EXIST; BY ENACTING A NEW SECTION 159.47, "APPEALS
AUTHORIZED; VARIANCES PROHIBITED", TO PROVIDE FOR
APPEALS TO THE CHIEF BUILDING OFFICIAL AND PROHIBITING
VARIANCES BY ANY BOARD; BY ENACTING A NEW SECTION
159.48, "ISSUANCE OF CERTIFICATE OF OCCUPANCY" , TO
PROVIDE FOR ISSUANCE OF CERTIFICATES OF OCCUPANCY AND
BONDS IF NECESSARY; BY ENACTING A NEW SECTION 159.49,
"MODIFICATION OF REQUIREMENTS" , T) PROVIDE FOR A
WAIVER PROCESS THROUGH THE CITY CO~~ISSION; PROVIDING
A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE~
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
-
Section 1. That Title 15, "Building Regulations", be and the
same is hereby amended by repealing Chapter 159, "Landscaping" in its
entirety and enacting a new Title 15, "Building Regulations", Chapter
159, "Landscaping" to read as follows:
Sec. 159.01 Objective; Scope.
The objective of this article is to improve the appearance of
certain setback and yard areas in conjunction with the development of
all commercial, industrial, and residential properties, including
off-street vehicular parking and open-lot sales and service areas in the
city, and to protect and preserve the appearance, character and value of
the surrounding neighborhoods and thereby promote the general welfare by
providing minimum standards for the installation and maintenance of
landscaping.
This article is also intended to provide minimum standards for
nonconforming sites and to require the upgrading of the landscaping on
these properties, to the extent physically possible, within three (3)
years.
_ This article is further intended to fulfill objectives as contained
within Conservation Element of the Comprehensive Plan, by providing for:
the conservation of potable and non-potable water; the implementation of
xeriscape landscaping principles; maintaining permeable land areas
essential to surface water management and aquifer recharge; encouraging
the preservation of existing plant communities; encouraging the planting
of site specific, native and drought tolerant plant materials; estab-
lishing guidelines for the installation and maintenance of landscape
materials and irrigation systems; reducing air, noise, heat, and chemi-
cal pollution through the biological filtering capacities of trees;
reducing the temperature of the microclimate through the process of
evapotranspiration; and promoting energy conservation through the
creation of shade.
The provisions of this article are minimum standards which may be
increased in accordance with the guidelines contained herein as well as
aesthetic criteria established by the Community Appearance Board and the
Historic Preservation Board, when applicable. Additional landscape
requirements may be required for certain zoning districts and arterial
roadways which are defined in the Zoning Code.
Sec. 159.02 Definitions.
For the purposes of this Code, in addition to the following terms or
words, the definitions provided for in local zoning codes shall apply.
If definitions at any time conflict with definitions provided in other
codes, the more restrictive interpretation shall apply.
(a) BUFFER, PERIMETER LANDSCAPE: a strip of land which is required
along the perimeter of a lot in which landscaping is used to
provide a transition between abutting properties and/or adja-
cent rights-of-way.
(b) ECOSYSTEM: a characteristic assemblage of plant and animal life
within a specific physical environment, and all interactions
among species, and between species and their environment.
(c) GROUND COVER: plant materials characterized by low, dense
growth, generally horizontal and providing 100% ground coverage
of a specified area at maturity.
- 2 - Ord. No. 26-90 \
.
(d) HATRACKING: to flat-cut the top of a tree, severing the leader
or leaders: or pruning a tree by stubbing off mature wood
larger than three (3) inches in diameter: or reducing the total
circumference or canopy spread not in conformance with National
Arborists Association standards.
(e) HEDGE: a landscape barrier consisting of continuous, dense
planting of shrubs, all of the same species.
(f) IRRIGATION SYSTEM: a permanent, artificial watering system
designed to transport and distribute water to plants.
(g) LANDSCAPING: any combination of living plants (such as grass,
ground cover, shrubs, vines, hedges, or trees) and non-living
landscape material (such as organic mulch, rocks or stones,
walls, fences, or decorative paving materials) .
(h) MULCH: non-living organic and/or synthetic materials customari-
ly used in landscape design to retard erosion and retain
moisture, stabilize soil temperatures and reduce weed growth.
Inorganic materials such as rocks and pebbles are not consid-
ered to be mulch materials. The use of plastic under mulch is
_ discouraged as it reduces groundwater discharge.
(i) OPEN SPACE: all areas of natural plant communities or areas
replanted with vegetation after construction, such as:
revegetated natural areas: tree, shrub, hedge or ground cover
planting areas: and lawns. Water bodies cannot be used to
calculate open space areas.
(j) PLANT SPECIES, CONTROLLED: those plant species which tend to
become nuisances because of their undesirable growth habits,
but which, if property cultivated, may be useful or functional
elements of landscape design.
(k) PLANT SPECIES, PROHIBITED: those plant species which are
demonstrably detrimental to native plants, native wildlife,
ecosystems, or human health, safety, and welfare.
(1) SETBACK AND YARD AREAS: the front, side and rear areas or yards
established and required within the zoning requirements appli-
cable thereto.
(m) SHRUB: a self supporting woody perennial plant of low to medium
height characterized by multiple stems and branches continuous
from the base.
(n) SITE SPECIFIC PLANTING: the selection of plant material that is
particularly well suited to withstand the physical growing
conditions which are normal for that location.
(0) SHADE TREE: a self supporting woody plant or species normally
growing to a mature height of at least twenty (20) feet and a
mature spread of twenty (20) feet.
(p) TURF: (Sod or lawn grass) continuous plant coverage consisting
of perennial grass species suited to growth in Delray Beach.
(q) VEGETATION, NATIVE: any plant species with a geographic distri-
bution indigenous to all or part of the State of Florida.
Plant species which have been introduced by man are not consid-
ered to be native vegetation.
- 3 - Ord. No. 26-90
=
(r) VEHICULAR ENCROACHMENT: the protrusion of a vehicle or mobile
equipment outside of a parking spacel display area, or
accessway into a landscaped area.
(s) VEHICULAR USE AREA: shall mean both: (1) an area designed or
used for off-street parking for any and all types of vehicles
except areas used for parking and other vehicular uses under,
on or within buildings; or (2) an area used for loading,
circulation, access, storage of materials or heavy equipment,
and all land upon which vehicles traverse the property as a
function of the primary use, including but not limited to
activities of a drive-in nature such as, but not limited to,
gasoline stations, grocery and dairy stores, banks and restau-
rants and the display of motor vehicles.
(t) VINES: plants which normally require support to reach mature
form.
(u) XERISCAPE: a landscape design that conserves water through the
utilization of design principles which include the use of
drought tolerant plant materials, soil amendments, efficient
- - irrigation, reduced turf areas, mulches and appropriate mainte-
nance.
-
Sec. 159.03 Applicabili ty.
The provisions of this code shall apply as follows:
(a) to any new development, including single family homes.
(b) to the expansion of existing development; whenever an
existing structure is altered in any manner which requires
a change of its footprint, landscaping attendant to that
alteration or improvement shall be upgraded to meet
current landscape requirements.
(c) where there is an expansion or improvement of a structure
which is altered in a manner which involves a 25% increase
of the gross square footage of the structure, the land-
scaping for the entire site shall be upgraded to present
standards.
(d) to existing properties, excluding single family, that
heretofore have not been required to comply with city
landscape codes, in that they were built prior to the
adoption of the landscape ordinance on September 13, 1971.
These properties shall comply with the minimum standards
as set forth in this ordinance, to the extent physically
possible on the site, within three ( 3) years from the
adoption of this ordinance.
Sec. 159.15 Application/Process
(a) GENERAL: Prior to the issuance of a building permit for a
structure or any paving permit, or prior to proposed
upgrading of landscaping on an existing site (to comply
with newly established minimum landscape standards con-
tained herein) a landscape plan shall be submitted to,
reviewed by, and approved by the Community Appearance
Board, or Historic Preservation Board where applicable, in
accordance with the general permitting approval process.
- 4 - Ord. No. 26-90
(b) NATURE OF REQUIRED PLAN:
( 1) SINGLE FAMILY RESIDENCE: New single family residenc-
es are required to provide a landscape plan for
review by the Chief Building Official or his desig-
nee, but they are specifically exempt from review by
the Community Appearance Board. Review by the
Historic Preservation Board, however, is required
when a property is located within a designated
historic district, or is designated as an historic
site. Single family residence landscape plans shall
be sufficiently detailed to address the minimum
landscape requirements but are not required to
include all of the elements listed below in .contents
of landscape plans". Plans may be prepared by the
owner.
(2) NEW DEVELOPMENT (EXCLUDING SINGLE FAMILY) the land-
scape plan for all other new development including
duplexes, shall be prepared by and bear the seal of a
landscape architect or otherwise be prepared by
- persons authorized to prepare landscape plans or
" , drawings by Chapter 481, Part II (Landscape Architec-
- ture) of Florida Statutes.
(3) EXISTING DEVELOPMENT (EXCLUDING SINGLE FAMILY)
landscaping associated with existing development
shall be upgraded to comply wi th the minimum land-
scape standards contained herein. A landscape plan
indicating proposed improvements shall be submitted.
The landscape plan shall be sufficiently detailed to
indicate location, common names I height, size and
spacing of proposed plant materials; shall delineate
existing parking spaces; and shall indicate location
of dumpster or refuse container and method of screen-
ing. Plans may be prepared by the owner as permitted
by State Statute.
(4) CONTENTS OF LANDSCAPE PLANS: The landscape plan
shall:
a. be drawn to scale with a minimum of 1 inch to 30
feet, including dimensions and distances;
b. clearly delineate the existing and proposed
parking spaces or other vehicular use areas,
access aisles, sidewalks, building locations and
similar features;
c. be accompanied by an irrigation design plan,
which requires a separate permit;
d. designate by name and location the plant materi-
al to be installed or preserved in accordance
with the requirements of this Code or any other
Code;
e. provide a legend including the botanical and
common names, height, spread and spacing of all
plant materials;
f. show all landscape features, including areas of
vegetation required to be preserved by law, in
context with the location and outline of exist-
ing and proposed buildings, and other improve-
ments on the site, if any;
g. include a tabulation clearly displaying the
relevant statistical information necessary to
evaluate compliance with the provisions of this
- 5 - Ord. No. 26-90
.-
~
code. This includes the gross acreage, square
footage of preservation areas, number of trees
to be planted or preserved, square footage of
total paved areas, total square footage of
interior greenspace, total number of interior
trees provided, percentage of native plant
materials and such other information that may be
required to determine that the landscape plan
meets the requirements of this Code;
h. provide the name, address and telephone number
of the person preparing the landscape plans and
the owner or agent;
i. indicate location of outdoor lighting;
j. indicate location of refuse areas and methods of
screening;
k. indicate location of overhead lines and utility
easements;
1. indicate proposed location of signage;
m. demonstrate that the proposed landscaping will
be consistent with existing vegetation preserved
on the property, and that it will be compatible
> - ,. and consistent with landscaping along abutting
~ " , rights-of-way.
Sec. 159.25 Site Design Standards.
(a) SITE DESIGN CONCEPTS FOR WATER CONSERVATION: Creative site
development concepts shall be used in order to promote water
conservation. Water requirements may be reduced by providing
for:
1. the preservation of existing native plant communities;
2. the reestablishment of native plant communities;
3. the use of site specific plant materials;
4. the use of shade trees to reduce transpiration rates of
lower story plant materials;
5. limited amounts of lawn grass areas;
6. site development that retains storm runoff on site;
7. the use of pervious materials for non landscaped and
parking areas.
(b) MINIMUM OPEN SPACE REQUIREMENTS: Minimum open space require-
ments shall be as required by the zoning district in which the
project is located. If no open space requirements are speci-
fied for a particular zoning district, a minimum of 25% non
vehicular open space shall be provided. Interior and perimeter
landscaping may be applied toward this 25% requirement.
(c) PRESERVATION OF EXISTING PLANT COMMUNITIES:
1. GENERAL: All existing native plant communities on sites
proposed for development shall be preserved where possible
through their incorporation into the required open space.
Existing plant communities that are specified to remain
shall be preserved to the greatest extent possible, with
trees, understory, and ground covers left intact and
undisturbed, except for the eradication of prohibited
plant species.
Trees which are to be preserved on a site shall be pro-
tected from damage during the construction process accord-
ing to appropriate tree protection techniques. The .Tree
Protection Manual for Builders and Developers. published
- 6 - ord. No. 26-90
by the Division of Forestry of the State of Florida
Department of Agriculture and Consumer Services shall be
the standard for determining the appropriateness of
proposed techniques.
All trees that are to be preserved and do not survive
shall be replaced by a tree of equal size or an equivalent
number of trees based on trunk diameter.
2. EXISTING PLANT COMMUNITIES REQUIRED TO REMAIN: When
natural plant communities occur on a parcel of land to be
developed, at least twenty-five percent ((25%) of the
required open space must be in the form of preserved
natural plant communities.
3. REQUIRED MANAGEMENT PLAN: For all areas of preserved
plant communities larger than one half acre in area, the
owner shall submit with the landscape plan, a narrative
management plan indicating the manner in which the native
plant communities will be preserved. The narrative shall
include:
- -
" , a. whether or not the existing vegetation is to be
~ preserved in the existing species composition;
b. if applicable, the manner in which the composition of
existing plant material is to be preserved, hand
removal of invasion species, prescribed burning, etc;
c. the maintenance schedule for the removal of exotics;
d. the maintenance schedule for the removal of debris.
(d) NATIVE SPECIES: A portion of all plant materials required to
be planted shall be native species. The percentage of native
plant materials required shall be as follows:
1. Upon the effective date of this ordinance, twenty-five
(25) percent of required trees and twenty-five (25)
percent of all other required plant materials shall be
native;
2. One (1) year after the effective date of this ordinance,
thirty-five (35) percent of the required trees and twen-
ty-five (25) percent of all other required plant materials
shall be native;
3. Two (2) years after the effective date of this ordinance,
fifty (50) percent of the required trees and twenty-five
(25) percent of all other required plant materials shall
be native.
(e) SITE SPECIFIC PLANTING MATERIALS: Trees and other vegetation
used in the landscape design should be appropriate to the
conditions in which they are planted I to the greatest extent,
they shall be:
1. salt tolerant relative to the area in which they are
planted;
2. able to withstand reduced water conditions if planted in
sandy soils;
3. able to withstand wet conditions when planted around
retention/detention ponds or in swales;
4. have non-invasive growth habits.
- 7 - Ord. No. 26-90 I
.-
(f) PROHIBITED PLANT SPECIES: All prohibited plant species shall
be eradicated from the development site and reestablishment of
prohibited species shall not be permitted. The following plant
species shall not be planted in the City of De1ray Beach:
1. Me1a1euca quinquenervia (commonly known as Punk tree,
paper bark, Cajeput, Me1a1euca); or
2. Schinus terebinthifo1ius (commonly known as Brazilian
Pepper or Florida Holly); or
3. Casuarina Species (commonly known as Australian Pine); or
4. Acacia auricu1iformis (commonly known as Ear1eaf Acacia).
(g) CONTROLLED PLANT SPECIES: Ficus species can be planted as
individual trees provided they are no closer than twelve (12)
feet from any public improvement. ficus species may be planted
within twelve (12) feet of any public improvements only if they
are maintained as a hedge which is constantly cultivated and
does not exceed six (6) feet in height if located within a
- setback area. Height may be permitted to reach eight (8) feet
0' when planted on a residential project and used to separate the
- residential use from an arterial or collector road
right-of-way.
Sec. 159.26 Landscape Design Standards.
The following standards shall be considered the minimum requirements
for the design and installation of all plant materials within the City
of De1ray Beach:
(a) DESIGN: Xeriscape principles shall be utilized in landscape
designs and installations. Copies of South Florida Water
Management District's "Xeriscape - Plant Guide II" and "How to
Xeriscape" are available from the Building Department. The
seven principles of xeriscape are:
1. Appropriate planning and design to include consideration
of the size and shape of lot, soil type, topography,
intended use of area site specific planting to minimize
irrigation waste.
2. Use of soil analysis and appropriate amendments to provide
better absorption of water and to provide beneficial plant
nutrients.
3. Efficient irrigation systems which permit turf and other
less drought tolerant plantings to be watered separately
from more drought tolerant p1antings, consideration of low
volume drip, spray or bubbler emitters for treesl shrubs
and ground covers.
4. Reduction of turf areas, utilizing less water demanding
materials such as low water demand shrubs and living
ground covers in conjunction with organic mulches.
5. Utilization of drought tolerant plant materials and the
grouping of plants with similar water requirements.
6. Utilization of mulches to increase moisture retention,
reduce weed growth and erosion and increase the organic
content of soil upon degradation. Mulch should be ini-
tially applied at a three inch depth, but pulled away from
direct contact with stems and trunks to avoid rotting.
Mulched planting beds are an ideal replacement for turf
areas.
- 8 - Ord. No. 26-90
7. Appropriate maintenance to preserve the intended beauty of
the landscape and conserve water.
(b) INSTALLATION: All landscaping shall be installed in a sound,
workman-like manner and according to sound horticultural
and planting procedures with the quali ty of plant materials
herein described. All elements of landscaping shall be instal-
led so as to meet all other applicable ordinances and code
requirements.
(c) VEHICULAR ENCROACHMENT: there shall be no vehicular encroach-
ment over or into any landscaped are a . In order to prevent
encroachment and maintain a neat and orderly appearance of all
planting areas adjacent to parking spaces, accessways, and/or
traffic, all landscape areas shall be separated from vehicular
use areas by carstops or non-mountable, reinforced concrete
curbing of the type characterized as "Type D" in the current
edition of the "Roadway and Traffic Design Standards" Manual
prepared by the State of Florida Department of Transportationl
or curbing of comparable durability. In the case of curbing
around required landscaped islands, the width of the curbing
> - shall be excluded from the calculation of the minimum dimen-
, , sions of the required island. Landscape islands are required
- to be a minimum of 5 feet in width exclusive of the curb width.
The exception to this is that in paved parking lots, that
portion of the parking space extending beyond the car stop may
be sodded, and therefore, a vehicle would encroach into this
specific landscaped area.
(d) QUALITY: all plant materials used in conformance with provi-
sions of this ordinance shall conform to the Standards for
Florida No. 1 or better as given in "Grades and Standards for
Nursery Plants" Part I, 1963 and Part II, State of Florida
Department of Agriculture, Tallahassee, or the most current
revised edition.
(e) TREES: shall be a species having an average mature spread of
crown greater than twenty (20) feet and having trunks which can
be maintained in a clean condition with over six (6) feet of
clear mature wood. Trees having an average mature spread of
crown less than twenty ( 20) feet may be substituted by grouping
the same so as to create the equivalent of a twenty (20) foot
spread of crown. Tree species shall be a minimum of twelve
(12) feet in overall height at the time of planting, with a
minimum of four ( 4) feet of single straight trunk with six ( 6)
feet of clear trunk, and a six (6) foot spread of canopy.
Native tree species shall be permitted to be ten (10) feet in
height at the time of planting, with a minimum of four ( 4) feet
of straight single trunk, and a four (4) foot spread of canopy
when it can be demonstrated that trees twelve (12) feet in
height are not available.
When more than ten (10) trees are required to be planted to
meet the requirements of this section, a mix of species shall
be provided. The number of species to be planted shall vary
according to the overall number of trees required to be plant-
ed. This species mix requirement shall not apply to areas of
vegetation required to be preserved by law. The minimum number
of species to be planted is as follows:
REQUIRED NUMBER OF TREES MINIMUM NUMBER OF SPECIES
11-20 2
21-30 3
31-40 4
41 + 5
- 9 - Ord. No. 26-90
-
(f) PALMS: shall be considered trees. Palms considered susceptible
to lethal yellowing by the Florida Department of Agriculture
shall not be used to fulfill the requirements of this article.
Palm species which do not have a mature spread of crown of at
least fifteen (15) feet shall be grouped in threes, and three
(3) palms shall equal one (1) shade tree. Palms must have an
overall height of a minimum of twelve (12) feet and a minimum
of six (6) feet of clear trunk at the time of planting.
Minimum overall palm height may be increased if palms are of a
nature that the fronds hang below an 8 foot clearance, and are
further, located in an area where pedestrians may be adversely
affected by the fronds.
Coconut Palms and Royal Palms may be credited on a one for one
basis with shade trees. Coconut Palms are permitted to have a
minimum of 2 feet of grey wood at the time of planting, provid-
ing they are located so that the fronds are not hazardous.
(g) SHRUBS AND HEDGES: shall be a minimum of two (2) feet in
height when measured immediately after planting. Hedges where
required shall be planted and maintained so as to form a
o - "' continuous, unbroken, solid, visual screen within a maximum of
- one year after planting. To this end, shrubs shall be spaced a
maximum of two (2) feet, center to center, unless plants are
exceptionally full, in which case the shrubs shall be permitted
to be planted up to a maximum of thirty (30) inches, center to
center, provided the branches are touching at the time of
planting.
Hedges must be allowed to attain he.ight of 36 inches except
where providing adequate and safe sight distance requires them
to be maintained at a 30 inch height.
(h) LAWN GRASS: (Turf or Sod) A major portion of water demand used
for landscape purposes is required for the irrigation of lawn
areas. Portions of landscaped areas that have been customarily
designed as lawns shall be:
1. preserved as natural plant communities;
2. planted as redeveloped native areas; or
3. planted in traditional mixes of trees, shrubs, and ground
covers. Property managed non-grass landscape developments
of site specific plantings will typically be able to
survive on reduced water requirement and survive drought
conditions better than lawn areas. No more than 70% of
the required open space shall be planted in lawn grass.
When used, lawn grass shall be clean and reasonably free
of weeds and noxious pests or diseases. When grass areas
are to be seeded, sprigged or plugged, specifications must
be submitted to and approved by the City Horticulturist.
One hundred percent (100%) coverage must be achieved
within ninety (90) days. Nurse grass must be sown for
immediate effect and protection against soil erosion until
coverage is otherwise achieved.
Solid sod must be used in swales, canal banks, rights-of-
way and other areas subject to erosion.
(i) GROUND COVERS: ground covers used in lieu of grass, in whole
or part, shall be planted at such spacing to present a finished
appearance and reasonably complete coverage within six (6)
months after planting. All ground cover areas must be kept 'I
free from weed s .
- 10 - Ord. No. 26-90 I
(j) VINES: shall be a minimum of thirty ( 30) inches in height
immediately after planting and may be used in conjunction with
fences, screens, or walls to meet physical barrier requirements
as specified.
(k) ORGANIC MULCHES: organic mulches may be used in combination
with living plants as part of a landscape design as provided in
this section. However, organic mulches shall not by themselves
constitute landscaping. No more than 25% of a front or side
street setback may be comprised of mulch independent of living
plant materials.
(1) IRRIGATION: all landscaped areas shall be provided with a
sprinkler system, automatically operated, to provide complete
coverage of all plant materials and grass to be maintained.
Systems shall be designed to permi t all zones to be completed
between the hours of 5:00 P.M. and 9:00 A.M. to avoid daylight
watering as established in the South Florida Water Management
District Guidelines. Exceptions to the requirement to provide
irrigation are noted below:
l. IRRIGATION OF EXISTING PLANT COMMUNITIES: Existing plant
J - communities and ecosystems, maintained in a natural state,
, ,
~ do not require and shall not have any additional irriga-
tion water added in any form.
2. REESTABLISHED NATIVE PLANT AREAS: Native plant areas that
are supplements to an existing plant community or newly
installed by the developer may initially require addition-
al water to become established. The water required during
the establishment period shall be applied from a temporary
irrigation system, a water truck or by hand watering from
a standard hose bib source.
3. IRRIGATION DESIGN STANDARDS: the following standards
shall be considered the minimum requirements for landscape
irrigation design:
a. all landscaped areas shall be provided with an
irrigation system, automatically operated, to provide
complete coverage of all plant materials and grass to
be maintained. The source of water may be either
from City water or from non-potable water. The use
of recycled water is also encouraged.
b. wherever feasible, sprinkler heads irrigating lawns
or other high water demand landscape areas shall be
circuited so they are on a separate zone or zones
from those irrigating trees, shrubbery or other
reduced water requirement areas.
c. automatically controlled irrigation systems shall be
operated by an irrigation controller that is capable
of watering high water requirement areas on a differ-
ent schedule from law water requirement areas.
d. sprinkler heads shall be installed and maintained so
as to minimize spray upon any public access, side-
walk, street or other non-pervious area.
e. the use of low trajectory spray nozzles is encouraged
in order to reduce the effect of wind velocity on the
spray system.
f. the use of low volume or drip systems is encouraged.
- 11 - Ord. No. 26-90 I
-
g. as technology for moisture sensing devices is im-
proved, their use is encouraged.
h. the use of pop-up sprinkler heads is required in the
swale area between the property line and the edge of
pavement of the adjacent right-of-way to minimize
pedestrian hazard.
Sec. 159.35 Minimum Landscape Requirements
(a) NEW SINGLE FAMILY RESIDENCES: For single family residences
that have not been issued a building permit upon the effective
date of this ordinance, the following minimum standards for
landscaping shall apply:
1. One shade tree shall be planted for every 2,500 square
feet of lot area. Shade trees for single family residenc-
es may be a minimum of eight (8) feet in height with a
three (3) foot spread at the time of installation.
Existing trees preserved on the site may be credited
- ~, toward this tree requirement.
~ 2. Shrubs shall be installed along the foundation of the side
of the residence that faces any street.
3. All air-conditioning units shall be screened with shrub-
bery or wood fencing.
4. All other lot areas not covered by driveways or structures
shall be planted with lawn grass, ground cover or other
approved landscape materials.
5. The area between the property line and the edge of pave-
ment of the abutting right-of-way shall be sodded or
landscaped with ground cover acceptable to the City
Engineering Department. Rock or gravel is expressly
prohibited from being used in the right-of-way, unless
approved by City Engineering.
6. All refuse container storage areas visible from an adja-
cent street must be screened with vision obscuring fencing
or hedging. A vision obscuring gate must be used in
conjunction with hedging.
7. All landscaped areas shall be provided with an irrigation
system, automatically operated, to provide complete
coverage of all plant materials and grass to be main-
tained. The source of water may be either from City water
or non-potable water. The use of recycled water is
encouraged.
(b) DUPLEX RESIDENTIAL UNITS: One (1) tree shall be planted for
every 2000 square feet of lot area or fraction thereof.
Existing trees preserved on the site may be credited toward
this tree requirement.
In addition, in consideration of the fact that some duplex
uni ts have back-out parking, and no direct screening can be
achieved between the parking and street area, hedging and a
shade tree will be required to be installed on both sides of
the back-out parking area.
- 12 - Ord. No. 26-90
A strip of land a minimum of five (5) feet in width shall be
provided around the foundation of the building where it faces
the right-of-way and along the side of the building that
provides entry for the units and shall be landscaped with
shrubs and ground covers. All other lot areas not covered by
buildings or paving will be landscaped with sod, shrubs or
ground covers.
In addition the area between the property line and the edge of
pavement of the abutting right-of-way shall be provided with
sod, irrigation and maintenance.
All air conditioning units and other mechanical equipment and
refuse areas will be screened with shrubbery or fencing.
For duplexes that have a parking lot that does not require
back-out parking, the screening specified for new multi-family
units provided below shall be required.
(c) NEW MULTI-FAMILY UNITS/COMMERCIAL AND INDUSTRIAL USES: multi-
family, commercial, industrial and all other uses are required
- - to comply with the minimum requirements for off-street parking.
_ On the site of a building or open-lot use providing an off-
street parking, storage or other vehicular use area, where such
an area will not be screened visually by an intervening build-
ing or structure from an abutting right-of-way or dedicated
alley, there shall be provided landscaping as follows:
Perimeter requirements adjacent to public and private rights-
of-way:
1. A strip of land at least five (5) feet in depth located
between the off-street parking area or other vehicular use
area and the right-of-way shall be landscaped, provided,
however, that should the zoning code of the Delray Code of
Ordinances require additional perimeter depths, that the
provisions of the zoning code shall prevail. The land-
scaping shall consist of at least one tree for each thirty
(30) linear feet or fraction thereof. The trees shall be
located between the right-of-way line and the off-street
parking or vehicular use area. Where the depth of the
perimeter landscape strip adjacent to the right-of-way
exceeds fifteen (15) feet, shade trees may be planted in
clusters, but the maximum spacing shall not exceed fifty
(50) feet. The remainder of the landscape area shall be
landscaped with grass, ground cover, or other landscape
treatment excluding pavement.
Addi tionally, a hedge, wall or other durable landscape
area shall be placed along the interior perimeter of the
landscape strip. If a hedge is used, it must be a minimum
of two (2) feet in height at the time of planting and
attain a minimum height of three (3) feet above the
finished grade of the adjacent vehicular use or off-street
parking area within one year of planting.
If a nonliving barrier is used, it shall be a minimum of
three (3) feet above the finished grade of the adjacent
vehicular use. Nonliving barriers shall require addition-
al landscaping to soften them and enhance their appear-
ance. For each ten (10) feet of nonliving barrier, a
shrub or vine shall be planted along the street side of
the barrier, in addition to tree requirements.
- 13 - Ord. No. 26-90
~~
-
Earth berms may be used only when installed in conjunction
with sufficient plant materials to satisfy the screening
requirements. The slope of the berm shall not exceed a
3:1 ratio.
Hedges for multi-family projects which are used to sepa-
rate a residential use from an adjacent arterial or
collector road right-of-way may attains height of eight
(8) feet to mitigate the impact of the adjacent roadway.
Perimeter hedging installed to effect screening of storage
areas must be a minimum of four ( 4) feet in height at the
time of installation and be permitted to grow to a height
to conceal the materials being stored. Perimeter shade
trees are required to be planted every thirty ( 30) feet
and are not permitted to be clustered.
2. The unpaved portion of the right-of-way adjacent to the
property line shall be landscaped with sod and provided
with irrigation and maintenance.
3. The width of accessways which provide access to a site or
vehicular use areas may be subtracted from the linear
- dimensions used to determine the number of trees required.
Perimeter landscaping requirements relating to abutting proper-
ties:
4. A landscaped barrier shall be provided between the off-
street parking area or other vehicular use area and
abutting properties. The landscape barrier may be two (2)
feet at the time of planting and achieve and be maintained
at not less than three (3) nor greater than six (6) feet
in height to form a continuous screen between the off-
street parking area or vehicular use area and such abut-
ting property. This landscape barrier shall be located
between the common lot line and the off-street parking
area or other vehicular use area in a planting strip of
not less than five (5) feet in width. Duplexes may be
permitted to reduce the perimeter planting strip to two
and one-half (2 1/2) feet in width in cases where lot
frontage is less than fifty-five (55) feet. In addition,
one (1) tree shall be provided for every thirty (30)
linear feet of such landscaped barrier or fraction there-
of.
5. Where any commercial or industrial areas abut a residen-
tial zoning district or properties in residential use, in
addition to requirements established for district boundary
line separators in the zoning code, one (1) tree shall be
planted every twenty-five ( 25) feet to form a solid tree
line.
6. The provisions for perimeter landscape requirements
relating to abutting properties shall not be applicable
where a proposed parking area or other vehicular use area
abuts an existing hedge or established tree line, the
existing hedge and trees may be used to satisfy the
landscape requirements provided the existing material
meets all applicable standards. The landscape strip, a
minimum of five (5) feet in depth, however, is still
required, and must be landscaped with sod or ground cover.
If the existing landscaping does not meet the standards of
this article, additional landscaping shall be required as
necessary to meet the standard s . in the event that the
landscaping provided by the adjacent property which has
- 14 - Ord. No. 26-90
been used to satisfy the landscaping requirements for the
property making application is ever removed, the property
heretofore using the existing vegetation to satisfy
landscaping requirements, must then install landscaping as
required to comply with the provisions of this code.
Interior landscape requirements for parking and other vehicular
use areas:
7. The amount of interior landscaping within off-street
parking areas shall amount to no less than ten percent
(10%) of the total area used for parking and accessways.
8. There shall be a group of palms or a shade tree for every
one hundred twenty-five (125) square feet of required
interior landscaping. No more than twenty-five percent
(25%) of these required trees shall be palms.
9. Landscape islands which contain a minimum of seventy-five
( 75) square feet of plantable area, with a minimum dimen-
sion of five (5) fee t, exclusive of the required curb,
shall be placed at intervals of no less than one land-
- scaped island for every ten (10) parking space s . One
~ ,
- shade tree or equivalent number of palm trees shall be
planted in every interior island. Where approval for the
use of compact parking has been approved through the
administrative relief process, islands may be placed at
intervals of no less than one (1) island for every thir-
teen (13 parking spaces.
10. Each row of parking spaces shall be terminated by land-
scape islands with dimensions as indicated above. An
exception to this requirement is when a landscaped area
exists at the end of the parking row.
11. Whenever parking tiers abut, they shall be separated by a
minimum five (5) foot wide landscape strip. This strip
shall be in addition to the parking stall. Non-mountable
curbs are not required for these landscaping strips,
providing carstops are provided.
12. Perimeter landscape strips which are required to be
created by this code or requirements of the zoning code
shall not be credited to satisfy any interior landscaping
requirements, however, the gross area of perimeter land-
scape strips which exceed minimum requirements may be
credited to satisfy the interior landscape requirements of
this section.
13. Interior landscaping in both parking areas and other
vehicular use areas shall, insofar as possible, be used to
delineate and guide major traffic movement within the
parking area so as to prevent cross-space driving wherever
possible. A portion of the landscaping for interior
parking spaces, not to exceed twenty-five percent (25%) of
the total requirement, may be relocated so as to emphasize
corridors or special landscape areas within the general
parking area or adjacent to buildings located on the site,
if helpful in achieving greater overall aesthetic effect.
Such relocated landscaping shall be in addition to the
perimeter landscaping requirements.
14. All dumpster and refuse areas and all ground level
air-conditioning units and mechanical equipment shall be
screened.
- 15 - Ord. No. 26-90 \
-
15. Landscaping may be permitted in easements only with the
written permission of the easement holder. Written
permission shall be submitted as part of the site plan or
landscape plan review.
(d) EXISTING MULTI-FAMILY UNITS/COMMERCIAL AND INDUSTRIAL USES:
All existing multi-family units and commercial and industrial
uses that were built prior to the adoption of the landscape
ordinance on September 13, 1971, shall have three (3) years
from the effective date of this ordinance to comply with the
minimum standards for landscaping as follows:
1. Provide for perimeter landscaping adjacent to public
rights-of-way to screen vehicular parking, open-lot sales,
service and storage areas to the extent physically possi-
ble and deemed feasible by the Community Appearance Board
or the Historic Preservation Board, where applicable.
Elimination of parking spaces required by code will not be
permitted to upgrade landscaping, however, the deletion of
parking spaces in excess of code requirements will be
required if they are in areas that will facilitate the
o - implementation of the minimum landscape requirements for
~; existing development contained herein.
2. Provide sod and irrigation within the unpaved portion of
the right-of-way between the property line and the edge of
pavement of the adjacent right-of-way.
3. Provide screening for all dumpsters and refuse areas and
all ground level air-conditioning units and mechanical
equipment. Adequacy of screening shall be determined by
the Community Appearance Board or Historic Preservation
Board, as appropriate.
4. Foundation landscaping shall be provided for building
elevations that are visible from adjacent rights-of-way.
Sec. 159.36 Minimum Maintenance Requirements
(a) GENERAL: the owner or his agent shall be responsible for the
maintenance of all landscaping required by ordinance or made a
condition for approval for a building permit. Landscaping
shall be maintained in a good conditions so as to present a
healthy, neat, and orderly appearance at least equal to that
which was required for the original installation, and shall be
kept free from refuse and debris. Maintenance is to include
mowing, edging, weeding, shrub pruning, fertilization and
inspection and repair of irrigation systems to ensure their
proper functioning.
(b) PRUNING OF TREES: maintenance pruning of trees is to allow for
uniform healthy growth. Trees shall be allowed to attain their
normal size, and at a minimum attain a twenty (20) foot spread
of canopy, prior to any pruning except in conjunction with the
removal of diseased limbs, or to remove limbs or foliage that
present a hazard to powerlines or structures. Lower branches
and suckers must be selectively removed to provide a minimum of
six (6) feet of clear trunk. Severely cutting back lateral
branches and canopy, or nhatrackingn is expressly prohibited.
Trees may be periodically thinned in order to reduce the leaf
mass in preparation for tropical storms. All pruning shall be
accomplished in accordance with the National Arborist's Stan-
dards. A tree 's habit of growth must be considered before
planting to prevent conflicts with view or signage and such a
conflict shall not of itself necessarily permit the pruning or
removal of a tree.
- 16 - Ord. No. 26-90
Sec. 159.37 Sight Distance for Landscaping Adjacent to Public Rights-
of-Way and Points of Access
(a) GENERALLY: when an accessway intersects a public right-of-way
or when the subject property abuts the intersection of two (2)
or more public rights-of-way, all landscaping within the
triangular areas described below shall provide unobstructed
cross-visibility at a level between three (3) feet and six (6)
feet, provided, however, trees or palms having limbs and
foliage trimmed in such a manner that no limbs or foliage
extend into the cross visibility area shall be allowed, prOVid-
ed they are located so as not to create a traffic hazard.
Trees shall not be located closer than six (6) feet from the
edge of any accessway pavement. The triangular areas above
referred to are:
1. The area on both sides of an accessway formed by the
intersection of each side of the accessway and the public
right-of-way line with two (2) sides of each triangle
being twenty (20) feet in length from the point of inter-
j section and the third side being a line connecting the
~ , ends of the other two (2) sides.
2. The area of property located at a corner formed by the
intersection of two (2) or more public rightS-Of-way with
two (2) sides of the triangular area being forty (40) feet
in length along the abutting public right-of-way lines,
measured from their point of intersection, and the third
side being a line connecting the ends of the other two (2)
lines.
Sec. 159.45 Enforcement
Enforcement shall be by the Chief Building Official, or his desig-
nee.
(a) CODE NON CONFORMANCE: The Chief Building Official or his
designee shall withhold issuance of any Certificate of Occupan-
cy until the provisions of this Code, including the conditions
on any permit issued thereunder, have been fully met.
(b) CODE VIOLATIONS: The Chief Building Official or his designee
shall withhold issuance of any building permit or other devel-
opment permits if the provisions of this Code have been violat-
ed by the owner or his assigns, on any property within the City
of Delray Beach.
(c) PUBLIC RIGHT FOR INSPECTIONS: The Chief Building Official or
his designee shall have the right to inspect the lands affected
by this code and shall have the right to issue citations for
violations. Landscaping shall be inspected periodically to see
that the approved and implemented landscape plan is in satis-
factory condition.
(d) COMPLIANCE OF EXISTING DEVELOPMENTS WITH MINIMAL REQUIREMENTS:
Three years after the effective date of this ordinance existing
development will be required to comply with the minimal land-
scape requirements as contained in this ordinance. The Chief
Building Official or his designee shall inspect properties for
compliance with the minimum standards and shall issue a cita-
tion in cases where the standards have not been met. Property
owners are encouraged to submit plans for upgrading prior to
the effective date for compliance.
- 17 - Ord. No. 26-90
-
Sec. 159.46 Penalty
The property owner shall be responsible for compliance with all
provisions of the landscape code, including maintenance. Failure to
comply with the provisions of this ordinance shall result in the issu-
ance of a citation to the property owner of record. The citation shall
be in the form of a written official notice issued in person or by
certified mail to the owner of record. The receipt of a citation shall
require the corrective action to be taken within thirty (30) days,
unless otherwise extended at the discretion of the Chief Building
Official or his designee when warranted. Failure to take corrective
action may result in a notice to appear before the Code Enforcement
Board, at which time the owner may be fined up to twenty-five (25)
dollars a day for each day the violation continues to exist beyond the
date ordered by the Board for compliance. Each violation shall be
considered a separate offense.
Sec. 159.47 Appeals Authorized; Variances Prohibited
(a) Appeals of the decision of the Chief Building Official may be
taken by any person aggrieved or by any officer or bureau of
- - . the governing body of the city affected by any decision of the
_ . , administrative official but no variances may be granted con-
cerning the requirements of this article.
(b) The Community Appearance Board and Historic Preservation Board
are expressly prohibited from granting a variance from the
landscape requirements contained herein.
Sec. 159.48 Issuance of Certificate of Occupancy
(a) The Chief Building Official shall have the authority to issue a
Certificate of Occupancy which shall include the portions of
the construction and development which have been completed
according to the requirements of this article, the site plan
and the building code requirements.
(b) If the landscaping requirements of this article have not been
met at the time that a Certificate of Occupancy could be
granted and is requested, the owner or his agent must post with
the Building Department a bond of one hundred and ten percent
(110%) covering the costs of materials, labor and other costs
incidental to the installation of the required landscaping.
A landscape bond will only be accepted in extreme hardships
where the landscape plant materials are not available due to
drought or freeze, or similar conditions occur that would
warrant acceptance of the bond as determined by the Chief
Building Official.
Sec. 159.49 Modification of Requirements
(a) If the applicant finds that it is not feasible to comply with
the requirements as set forth in this article, a request for
waiver of certain requirements may be submitted in writing
through the Chief Building Official. Applicant must specify
the portion of the landscape code for which relief is requested
and indicate the hardship. The Chief Building Official shall
route the request for waiver through the City Manager's office
to schedule a hearing at a City Commission meeting. The City
Commission may authorize a modification in the landscaping
requirements as set forth, above, if it is determined that the
requirements of said section would not be feasible or would
consti tute a hardship in a particular instance, and provided
that such a modification would not endanger public safety and
welfare.
.
- 18 - Ord. No. 26-90
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immed-
iately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAYOR
0 -
--'j ATTEST:
-
City Clerk
First Reading July 24, 1990
Second Reading
- 19 - Ord. No. 26-90
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI'l'Y MANAGER t1-"/1
SUBJECT: AGENDA ITEM # 9~ MEETING OF SEPTEMBER 11, 1990
ORDINANCE NO. 28-90.
DATE: September 4, 1990
This is a second reading of an Ordinance amending the Zoning Code to
provide for an Old School Square Historic Arts District zoning
designation (OSSHAD) . A public hearing on this item was held at your
August 14th meeting, however, formal approval action was deferred.
This item is before you for completion of formal approval action.
The Old School Square Historic District was established in February
1988 and is comprised of 209 properties, 50.091 acres which extends
from S.W. 2nd Street on the south to N.W. 4th Street (Lake Ida Road)
on the north and lies between N.W./N.E. 1st Avenues, including the
west half of blocks 74, 75, and 76 and except Lots 13- 15 which lie
east of N.E. 1st Avenue. In this configuration there are
approximately 86 historically contributing properties. There are six
zoning district in this area: RO (Residential Office), POC (Planned
Office Center) , GC (General Commercial), CBD (Central Business
District), RM-6 and RM-10 (Multifamily Residential).
The Planning and Zoning Board at their June 15th meeting recommended
approval. A detailed staff report is available for review in the City
Manager1s office.
Recommend approval of Ordinance No. 28-90.
. .
.
.
ORDINANCE NO. 28-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE" , CHAPTER 173, "ZONING CODE" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING A NEW ZONING CLASSIFICATION, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT" , PROVIDING FOR SECTION
173.405, "PURPOSE AND INTENT" , SECTION 173.407,
"ACCESSORY USES AND STRUCTURES PERMITTED" , SECTION
173.408, "CONDITIONAL USES AND STRUCTURES ALLOWED" ,
SECTION 173.409, "REVIEW AND APPROVAL PROCESS", SECTION
173.410, "DEVELOPMENT STANDARDS" , SECTION 173.411,
"SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION
173.412, "SPECIAL REGULATIONS" , ALL PROVIDING FOR THE
ESTABLISHMENT OF THE DISTRICT BY SETTING FORTH THE
PURPOSE AND INTENT, DELINEATING PRINCIPAL USES AND
STRUCTURES PERMITTED, DELINEATING ACCESSORY USES AND
STRUCTURES PERMITTED, DELINEATING CONDITIONAL USES AND
STRUCTURES ALLOWED, SETTING FORTH THE REVIEW AND
APPROVAL PROCESS FOR PROJECTS WITHIN THE DISTRICT,
> SETTING FORTH DEVELOPMENT STANDARDS FOR THE DISTRICT,
~. --..
~ AND SETTING FORTH SUPPLEMENTAL DISTRICT REGULATIONS AS
WELL AS SPECIAL REGULATIONS FOR THE OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT; AND BY AMENDING SECTION
173.016, "DISTRICTS ENUMERATED", BY ADDING "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT" AS A ZONING
CLASSIFICATION WITHIN THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS I at the meeting held February 9, 1988, the City
Commission, by adoption of Ordinance No. 1-88, designated the Old School
Square Historic District; and,
WHEREAS, the Historic Preservation Board desires to encourage
adaptive reuse of structures within the Old School Square Historic
District in a manner compatible with surrounding uses and the historic
nature of the district; and,
WHEREAS, to that end the Historic Preservation Board, in
conjunction with input from residents and property owners within the
district, did formulate a recommendation for the creation of a zoning
district, and forwarded this recommendation to the Planning and Zoning
Board for consideration; and,
WHEREAS, at the meetings held on June 19, 1990, and June 28,
1990, the Planning and Zoning Board, as Local Planning Agency, held
public hearings on the proposed zoning district, and forwarded a
recommendation to the City Commission that the Old School Square
Historic Arts District be created; and,
WHEREAS, pursuant to City ordinances, the matter has been
presented to the City Commission,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173, .Zoning
Code" , of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended by enacting a new zoning
classification, .Old School Square Historic Arts District. , to read as
follows:
n
OSSHAD OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
Section 173.405 PURPOSE AND INTENT
The Old School Square Historic Arts District (OSSHAD) is
intended to:
(A) Provide for mixed uses of residential, office and
arts-related commercial activities which will encourage
the restoration or preservation of historic structures and
maintain the historic and pedestrian scale of the Old
School Square Historic District;
(B) Stimulate greater awareness and pride in the City's
architectural heritage;
(C) Create an atmosphere and feeling of .Old Delray Beach.;
(D) Improve the environmental quality and overall liveability
of the District;
- ~', (E) Stabilize and improve property values in the District;
~ and,
(F) Allow uses which promote preservation.
Section 173.406 PRINCIPAL USES AND STRUCTURES PERMITTED.
The following types of uses are allowed within the Old School
Square Historic Arts District as permitted uses:
(A) Single family detached dwellings
(AI) A single family residence in conjunction with any other
permitted nonresidential use provided that the
nonresidential use does not exceed fifty percent (50%) of
the gross floor area
(A2) Duplex structures
(B) Business, professional and governmental offices
(C) Barbershop, beautyshop or salon, and cosmetologist
(D) Bicycle sales, repair and rental
(E) Exercise facility
(F) Printing and publishing
(G) Educational facilities, including training, vocational or
craft schools, colleges, seminaries, universities, arts
and personal development institutions
(H) Libraries, museums, social and philanthropic institutions
(I) Arts-related businesses such as craft shops, galleries and
studios, for the preparation, display and/or sale of art,
including but not limited to, antiques, collectibles,
custom apparel, jewelry, painting, photography, picture
framing, pottery, sculpture and stained glass
(J) Bed and Breakfast Inns
(K) The preparation and sale of specialty gourmet foods. This
use accommodates caterers and cafes.
- 2 - Ord. No. 28-90
.
(L) Single purpose specialty retail sales, including but not
limited to, bath shop, or book store, or florist, or gift
shop, or hobby shop, or kitchen shop, or boutiques.
(M) Restaurants and snack shops, excluding drive-in and
drive-thru
(N) Within the following areas the uses allowed as permitted
uses pursuant to regulations of the CBD (Central Business
District) shall also apply:
(1) Lots 13 through 16, inclusive, Block 60
(2) Lots 1 through 4, inclusive, Block 61
( 3) Lots 1 through 7, inclusive, Block 69
(4 ) Lots 7 and 8, Block 75
(5) Lots 1 through 6, inclusive, Block 76
Section 173.407 ACCESSORY USES AND STRUCTURES PERMITTED.
- The following uses are allowed when a part of, or accessory to,
> the principal use:
~ ,
-
(A) Uses and structures normally associated with residences
such as bird aviaries, dog houses and dog runs, garages,
greenhouses, guest cottages, playhouses, pool houses and
covers, pump houses, slat houses, storage sheds,
workshops, and home occupations
(B) Family day care
(C) Residential dwelling units ancillary to and in conjunction
with permitted nonresidential use(s) provided that the
nonresidential use(s) does not exceed fifty percent (50%)
of the gros s floor area of the structure. This does not
apply to existing single family structures utilized for
mixed residential/nonresidential uses allowed by this
District.
Section 173.408 CONDITIONAL USES AND STRUCTURES ALLOWED.
The following uses are allowed as conditional uses within the
Old School Square Historic Arts District:
(A) Adult congregate living facilities, alcohol and drug abuse
treatment facilities, child care and adult day care, and
continuing care facilities, convalescent homes and nursing
homes
(B) Parking lots
Section 173.409 REVIEW AND APPROVAL PROCESS.
(A) All principal uses and accessory uses thereto which do not
require a permit for external modifications shall be
allowed upon application to and approval by the Chief
Building Official. For structures which require a
building permit and otherwise comply wi th applicable use
restrictions, Historic Preservation Board approval and
issuance of a Certificate of Appropriateness is required
(Sec. 174.01-174.99).
(B) New construction which increases floor area or requires
additional parking is subject to site plan approval
pursuant to Sections 173.865-173.870.
- 3 - Ord. No. 28-90
=
_._-
(C) All conditional uses must be approved pursuant to the
provisions of Section 173.845-173.85l. Prerequisite to
approval is review and recommendation by the Historic
Preservation Board (Section 174.01-174.99).
Section 173.410 DEVELOPMENT STANDARDS.
(A) Minimum lot dimensions in the Old School Square Historic
Arts District shall be as follows, except for those
allowed uses pursuant to the Central Business District
( CBD ) in which case the minimum lot dimensions of the
Central Business District (CBD) shall apply:
(1) Frontage 80 ft.
(2) Width 80 ft.
(3) Depth 100 ft.
(4) Area 8,000 sq.ft.
(B) Aggregate floor area. The minimum floor area for all
single family dwelling units in the Old School Square
Historic Arts District shall be 1,000 square feet,
> - exclusive of terraces, balconies, decks, porches and
...., unroofed areas, including fifty percent (50%) of attached
~
carports, garages and screened patios. (From the R-1A
District)
(C) Ground floor building area. The total ground floor
building area of all buildings and structures shall not
exceed forty percent (40%) of the total lot area.
(D) Setbacks. The following shall be the minimum setbacks for
all buildings and structures in the Old School Square
Historic Arts District and shall apply separately to each
story, except for those allowed uses pursuant to the
Central Business District (CBD) in which case the minimum
setbacks of the Central Business District (CBD) s ha 11
apply:
(1) Front 25 ft.
(2) Side Interior 7.5 ft.
( 3) Side Street 15 ft.
(4) Rear 10 ft.
The Historic Preservation Board encourages discussions and
applications for waivers from these setback requirements
which are consistent with the historic nature and existing
scale of the neighborhood.
(E) Building Height. Permitted, accessory and conditional
uses and structures shall be limited to a maximum height
of 35 feet, except as provided in Section 173.032(A).
Structures housing all other uses allowed within the
district shall be limited to a maximum height of 48 feet,
except as provided in Section 173.032(A).
(F) Parking and Loading. Se ctions 173.770 - 173.775 and
Sections 173.790 - 173.797 shall apply except as modified
herein.
(1) Business and professional offices shall provide one I
(1) parking space per 300 square feet of total floor
area. This requirement may be reduced to one ( 1)
parking space per 400 square feet of total floor
area, or by at least one (1) parking space, where
there is a mix of residential and office uses in the
same building or structure.
- 4 - Ord. No. 28-90
.
(2) All parking for business and professional offices
shall be located in the side or rear yard or adjacent
to a rear alley. No such parking shall be located in
the area between any street and the building or
structure. Where there are existing buildings or
structures, however, the Historic Preservation Board
may waive this requirement, provided it is determined
that compliance with these provisions is not feasible
and that the residential character of the area will
be maintained. If approved, such parking shall be
substantially screened from off-premise view by at
least a four (4) foot hedge.
( 3) Within the following areas, the parking and loading
requirements of the Central Business District (CBD)
shall apply:
(a) Lots 13 through 16, inclusive, Block 60
(b) Lots 1 through 4, inclusive, Block 61
(c) Lots 1 through 7, inclusive, Block 69
0 (d) Lots 7 and 8, Block 75
,:.....
~ (e) Lots 1 through 6, inclusive, Block 76
Section 173. 411 SUPPLEMENTAL DISTRICT REGULATIONS.
The following supplementary regulations shall apply in the Old
School Square Historic Arts District:
(A) Duplexe s . See Section 173.097.
(B) Walls and Fences. See Chapters 152 and 159.
(C) Landscaping. See Chapters 152 and 159.
(D) Signs.
(1) See Chapter 162.
( 2) The provisions of Section 163.038 (A) shall
specifically apply to the Old School Square Historic
Arts District.
(E) Park and recreation land dedication. See Section 173.071
and Chapter 172.
(F) Industrial and hazardous waste disposal. In addition to
the regulations and requirements set forth in this
chapter, all principal and conditional uses set forth
herein must also fully comply with the requirements and
conditions of the City's industrial and hazardous waste
disposal regulations as set forth in Chapter 53.
Section 173.412 SPECIAL REGULATIONS.
(A) All site plans, landscape plans and architectural
elevations shall be acted upon by the Historic
Preservation Board in lieu of the Community Appearance
Board and the Planning and Zoning Board within the Old
School Square Historic Arts District.
(B) All requests for relief from development standards
(variances, waivers, etc. ) shall be acted upon by the
Historic Preservation Board in lieu of the designated
bodie s .
- 5 - Ord. No. 28-90 \
=
=
Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning
Code" , Subheading "Establishment of Zoning Map and Zoning Districts",
Section 173.016, "Districts Enumerated" , of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended by
adding "Old School Square Historic Arts District" as a zoning
classification within the City of Delray Beach, Florida, as follows:
Section 173.016 DISTRICTS ENUMERATED.
In order to regulate and limi t the height and size of
buildings, and the intensity of the use of lot areas; to
regulate and determine the areas of open spaces within and
surrounding buildings; to classify, regulate, and restrict the
location of buildings designed for business, industrial,
residential, and other uses, the City is hereby divided into
the following zoning districts:
R-1AAA Single Family Dwelling District
R-1AAA-B Single Family Dwelling District
R-lAA Single Family Dwelling District
> - R-1AA-B Single Family Dwelling District
-,-,
- R-1A Single Family Dwelling District
R-1A-B Single Family Dwelling District
R-1A-C Single Family/Duplex Dwelling District
ART Agricultural Residential Transitional District
RL Low to Medium Density Dwelling District
RM-6 Multiple Family Dwelling District
RM Medium to Medium High Density Dwelling District
RM-10 Multiple Family Dwelling District
RH Medium High to High Density Dwelling District
RM-1S Multiple Family Dwelling District
PRD-4 Planned Residential District
PRD-7 Planned Residential District
PRD-10 Planned Residential District
PRD-L Low to Medium Density Planned Residential
Development District
PRD-M Medium Density Planned Residential Development
District
MH Mobile Home Park District
RO Residential Office District
OSSHAD Old School Square Historic Arts District
NC Neighborhood Commercial District
CC Community Commercial District
GC General Commercial District
SC Specialized Commercial District
CBD Central Business District
LC Limited Commercial District
ACT Agricultural Commercial Transitional District
LI Light Industrial District
MI Medium Industrial District
SAD Special Activities District
PCC Planned Commerce Center District
POC Planned Office Center District
MIC Mixed Industrial and Commercial District
CF Community Facilities District
MOI Medical Office and Institutional District
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 s ha 11 not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
- 6 - Ord. No. 28-90
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
I
PASSED AND ADOPTED in regular session on second and final I
reading on this the day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading July 24, 1990
- Second Reading
- .
-
- 7 - Ord. No. 28-90
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 1 1 1990
ORDINANCE NO. 29-90
DATE: September 4, 1990
This is a second reading of an Ordinance amending the Zoning Code by
enacting new subsections "Single Purpose Specialty Retail Sales" and
"Specialty Food Stores" . A public hearing was held on this item at
your August 14th, meeting, however, formal approval action was
deferred. Therefore, this item is before you for formal approval
action.
This ordinance is being processed in conjunction with those ordinances
creating and rezoning property with the Old School Square Historic
Arts District designation. It provides for the establishment of
retail uses specializing in a specific market such as bath shop, book
store, florist, gift shop, hobby shop, kitchen shop, dress shop and
boutique, or retail uses specializing in a specific type or category
of foods such as appetizers, bakery, delicatessen, fish, gourmet and
similar foods.
Recommend approval of Ordinance No. 29-90.
. ,
ORDINANCE NO. 29-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE" ,
CHAPTER 173, "ZONING CODE" , SUBHEADING "GENERAL
PROVISIONS", SECTION 173.001, "DEFINITIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ENACTING NEW SUBSECTIONS, "SINGLE PURPOSE SPECIALTY
RETAIL SALES" AND "SPECIALTY FOOD STORE", TO PROVIDE FOR
THE DEFINITION OF THESE ADDITIONAL USES IN THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA~
PROVIDING A GENERAL REPEALER CLAUSE~ PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning
Cod e" , Subheading "General Provisions", Section 173.001, "De fini tions" ,
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new subsection, "Single Purpose
- Specialty Retail Sales", to read as follows:
..:-:,
- "SINGLE PURPOSE SPECIALTY RETAIL SALES." A retail
establishment specializing in a specific market such as a
bath shop, book store, florist, gift shop, hobby shop,
kitchen shop, dress shop and boutique.
Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning
Code", Subheading "General Provisions", Section 173.001, "Definitions" ,
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new subsection, "Specialty Food
Store", to read as follows:
"SPECIALTY FOOD STORE." A retail store specializing in a
specific type or category of foods such as an appetizer
store, bakery, delicatessen, fish, gourmet and similar
foods.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ____ day of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading July 24, 1990
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,If/l
SUBJECT: AGENDA ITEM # 9 - MEETING OF SEPTEMBER 11 1990
ORDINANCE NO. 30 90.
DATE: September 4, 1990
This is a Second Reading of an Ordinance rezoning properties from
various designations to OSSHAD (Old School Square Historic Arts
District). A public hearing was held on this item at your August 14th
meeting, however, formal approval action was deferred. Therefore,
this item is before you for formal approval action.
This ordinance accomplishes the rezoning action intended in the
establishment of the OSSHAD zoning category. The affected area is
comprised of 209 properties, 50.091 acres which extends from S.W. 2nd
Street on the south to N.W. 4th Street (Lake Ida Road) on the north
and lies between N.W./N.E. 1st Avenues, including the west half of
blocks 74, 75, and 76 and except Lots 13- 15 which lie east of N.E.
1st Avenue. Specific rezonings include:
From RO - Lots 8 through 16 and the south 150 feet of the north
250 feet of the east 135 feet of the south half and the north 100
feet of the east 135 feet of the south half of block Block 57;
Blocks 58, 59, 65, 66, and 67; Block 60, Lots 1- 12; Block 74,
Lots 1-12; and Block 75, the south 56 feet of Lot 3 and all of
Lots 4-6; Resubdivision of Part of Block 66, Lots 19 and 20;
John B. Currie Subdivision, Lots 1-3; and Sands Terrace
Condominium, Units 1-13 (129 properties- 28.364 acres).
From GC- Block 60, Lots 13-16 (less the south 20 feet); Block 61,
Lots 1-4 (less the north 20 feet); Block 61, Lots 5-16 and the
east 131.6 feet f the south three feet of the 16 foot alley lying
north of Lot 11; Block 69, Lots 7-24; and Block 75, Lots 7 and
8 (26 properties, 5.574 acres.
From RM-6 - Block 62, Lots 1-4, 8 and 10 (six (6) properties,
3.870 acres).
From RM-l0- Block 70 (24 properties, 3.643 acres).
From CBD- Block 68, Old School Square; Block 69, Lots 1-6; and
Block 76, Lots 1-6 (13 properties, 6.014 acres).
The Planning and Zoning Board at their June 15th meeting recommended
approval. A detailed staff report is available for review in the City
Manager's office.
Recommend approval of Ordinance No. 30-90.
ORDINANCE NO. 3 0- 9 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT, IN
PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, RM-6
(MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, RM-10
(MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, AND CBD
( CENTRAL BUSINESS) DISTRICT, IN PART, IN THE OS SHAD
(OLD SCHOOL SQUARE HISTORIC ARTS) DISTRICT~ SAID LAND
CONSISTING OF TWO HUNDRED SIX (206) PARCELS, ALL LYING
WITHIN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA~ SAID LAND BEING LOCATED IN
GENERAL BETWEEN S.W./S.E. 2ND STREET ON THE SOUTH,
LAKE IDA ROAD/N.E. 4TH STREET ON THE NORTH, S.W./N.W.
1ST AVENUE ON THE WEST, AND BY S.E./N.E. 1ST AVENUE ON
THE EAST, EXCEPT FOR THOSE LOTS WITHIN BLOCKS 74, 75
AND 76, TOWN OF DELRAY, LYING ON THE EAST SIDE OF
NORTHEAST 1ST AVENUE; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL
- - REPEALER CLAUSE~ PROVIDING A SAVING CLAUSE~ PROVIDING
~ , AN EFFECTIVE DATE.
-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the Ci ty
of Delray Beach, Florida, is hereby rezoned and placed in the OSSHAD
(Old School Square Historic Arts) District as defined in Chapter 173 of
the Code of Ordinances of the City of Delray.Beach, Florida, to-wit:
AREA 1 (From RO Residential Office District) :
Lots 8 through 16, inclusive, Block 57, TOWN OF
DELRAY~ the South 150 feet of the North 250 feet of
the East 135 feet of the South Half (S l/2) of Block
57, TOWN OF DELRAY ~ the North 100 feet of the East 135
feet of the South Half (5 1/2) of Block 57, TOWN OF
DELRAY~ together with all of Blocks 58, 59, 65, 66 and
67, TOWN OF DELRAY~ together wi th Lots 1 through 12,
inclusive, Block 60, TOWN OF DELRAY ~ together with
Lots 1 through 12, inclusive, block 74, TOWN OF
DELRAY~ together with the South 56 feet of Lot 3 and
all of Lots 4 through 6 inclusive, Block 75, TOWN OF
DELRAY~ together with Delray Beach Resubdivision of
Part of Block 66, Lots 19 and 20 , TOWN OF DELRA Y ~
together with Lots 1 through 3, inclusive, JOHN B.
CURRIE SUBDIVISION according to the Plat thereof as
recorded in Plat Book 2, Page 81, Public Records of
Palm Beach County, Florida~ together with SANDS
TERRACE CONDOMINIUM, Units 1-13, as in ORB 3145, Page
0739.
AREA 2 (From GC General Commercial District):
Lots 13 through 16, inclusive (less the South 20 feet
thereof), Block 60, TOWN OF DELRAY~ together with Lots
1 through 4, inclusive (less the North 20 feet
thereof), Block 61, TOWN OF DELRAY~ together with Lots
5 through 16, inclusive, Block 61, TOWN OF DELRAY~
together with the East 131.6 feet of the South 3 feet
of the 16 ft. alley lying north of Lot 11, Block 61,
Ii TOWN OF DELRAY~ together with Lots 7 through 24,
I inclusive, Block 69, TOWN OF DELRAY~ together with
Lots 7 and 8, Block 75~ TOWN OF DELRAY.
.-
I
i AREA 3 (From RM-6 Multiple Family Dwellinq District):
!
Lots 1 through 4, inclusive, and Lots 9 and 10, Block
, 62, TOWN OF DELRAY.
I
AREA 4 (From RM-IO Multiple Family Dwelling District):
All of Block 70, TOWN OF DELRAY.
AREA 5 (From CBD Central Business District):
All of Block 68, TOWN OF DELRAY (Old School Square
site) ~ together with Lots 1 through 6, inclusive,
I Block 69, TOWN OF DELRAY~ together with Lots 1 through
6, inclusive, Block 76, TOWN OF DELRAY.
Section 2. 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 provisions of Section 1 hereof.
- Section 3. That all ordinances or parts of ordinances in
-,-, conflict herewith be, and the same are hereby repealed.
-
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading July 24, 1990
Second Reading
- 2 - Ord. No. 30-90
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CITY AnORNEY'S OFFICE 310 S.E.1st STRE~.StJITE'4~ "bEikY:BEAq..t~LO~D,f3j483'~~,'~::?rj. ~
407/243-7090 TELECOPIER 407/2784755" ,
MEMORANDUM
Date: September 11, 1990
To: Commissioner Alperin
From: Jeffrey S. Kurtz, City Attorney
Subject: A ointment to Interim
.
I would suggest that the Commission go through four motions to
appoin~members to the interim development boards, assuming of
course that the Commission is desirous of having the same Board
members previously appointed, pursuant to the LDRs, sit 'on the
interim Boards. Four motions would be as follows: ' I
( ! I
tG!'; C /
1. Move to suspend the rules in order to appoint members tol / /
the Interim Development Boards.
:. ~J:.;.:'t$:';'
2. Mo~to appoint Jay FeIner, MarkKral~-;- Rit~tN~~t~*R.~b~rft'i'\k,
'eurrie, Jean Beer, Lawrence Parker, 'and Thomas, Ptirdo ,as ,
, members of the Interim Planning and Zoning BoaE<!.Ji:! Cc(/:> J Ll (
t '~' ~.':-': 't"P '. .
3. Move to appoint Mark, Marsh, Jess Sowards, Willia'm Wilsher,
Gene Fisher, Samuel M. DeOto, Debora Turner Oster and
Rettig (Rett) Talbot, as members of the Int~rim)i site; .P~an .
'-, Review and Appe~ance Board.R/G Cp l'tJf\ ;\\t~..,i.~~',*[~,'~~~"!r
, I ,
4. Move to appoint Kyle Kopytchak, Jon Levinson,.Afvaro Vera,
~,~,~ ,~, , Lorra~ne Kasper an~ Anthony Veltri as 'c. ~rs'~~~'~~\f:1>';'~4J'VL.:'\t'
, ,-',- .....- . InterJ.m Board of AdJustment. ~ ~ ~,~\.~.~ .".1 ",,',' ",
" ,''''''', -'. .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'O~ - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 88-90
DATE: September 7, 1990
This is the First Public Hearing of a Resolution tentatively levying a
property tax of $ 7:63- per $1,000 of assessed value on all properties
within the City of Delray Beach.
Recommend approval of Resolution No. 88-90.
. .
I!
RESOLUTION NO. 88-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE CITY OF DEL RAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO
TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE
AND APPROPRIATE SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be and hereby is appropriated for
the General Fund operations of the City revenue derived from the tax of
$6.6286 per one thousand ($1,000) dollars of assessed valuation which is
hereby tentatively levied on all taxable property within the City of
Delray Beach for the fiscal year commencing October 1, 1990, and
terminating September 30, 1991, the assessed valuation on all taxable
property for operating purposes wi thin the Ci ty of De lray Beach being
$2,388,234,311, for operating and for maintenance expenses of the
General Fund, and also in addition, all revenues derived by said City
during said fiscal year from all other sources other than the tax levy
for current bond service and that part of collection of delinquent taxes
levied for bond service. The tentative operating millage rate of
$6.6286 per one thousand ($1,000) dollars does exceed roll back. of
$5.3875 per one thousand ($1,000) dollars by $1.2411 per one thousand
($1,000) dollars which is 23.0626% of the rolled back rate.
Section 2. That amount of money necessary to be raised for
... -' interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of the City of Delray Beach is
$2,271,999, and that there is hereby appropriated for the payment
thereof, all revenues derived from the tentative tax levy of $1.0014 per
- one thousand ($1,000) dollars of assessed valuation, which is hereby
levied for that purpose for the fiscal year commencing October I, 1990,
and terminating September 30, 1991, upon the taxa~le property of the
City of Delray Beach, the assessed valuation being $2,388,234,311.
Section 3. That the above tentative millage rates are adopted
subject to adjustment in accordance with Section 200.065(5) of the
Florida Statutes which provides that each affected taxing authority may
adjust its adopted millage rate if the taxable value within the
jurisdiction of the taxing authority as certified pursuant to subsection
(1) is at variance from the taxable value shown on the roll to be
extended.
Section 4. That a Public Hearing was held on the Budget on
September ll, 1990.
PASSED AND ADOPTED in regular session on this the 11th day of
September, 1990.
MAY 0 R
ATTEST:
City Clerk.
l~~
I,
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C?t 1
SUBJECT: AGENDA ITEM # 'O~ - MEETING OF SEPTEMBER 11, 1990
RESOLUTION NO. 89-90
DATE: September 7, 1990
This is the First Public Hearing of a Resolution tentatively
appropriating funds to cover the City's expenditures for the next
fiscal year (October 1, 1990 to September 30, 1991) .
Recommend approval of Resolution No. 89-90.
.
RESOLUTION NO. 89-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS
OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE
1ST DAY OF OCTOBER,.-- 1990, TO THE 30TH DAY OF
SEPTEMBER, 1991~ TO PRESCRIBE THE TERMS, CONDITIONS
AND PROVISIONS WITH~ RESPECT TO THE ITEMS OF
APPROPRIATIONS ANDTHE"IR PAYMENT ~ AND TO REPEAL ALL
RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF
SUCH INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto
and marked Exhibit A, be and the same are hereby tentatively
appropriated upon terms, conditions and provisions hereinabove and
hereinafter set forth.
Section 2. That all monies, hereinbefore appropriated are
appropriated upon the terms, conditions, and provisions hereinbefore and
hereinafter set forth.
Section 3. That subject to the qualifications contained in
this resolution all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
_.' the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1990, and terminating the 30th
- day of September, 1991, for which the appropriations are made, are
sufficient to pay all the appropriations in full~ otherwise the said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total amount
of revenues estimated by the City Commission to be available in the
period commencing the 1st day of October, 1990, and terminating the 30th
day of September, 1991.
Section 4. That all balances of the appropriations payable out
of the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1990, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be made
in any appropriation for the fiscal year commencing the 1st day of
October, 1990, provided, however, nothing in this Section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any funds created
by the setting up of special revenue, but such balances shall be used in
financing the proposed expenditures of these funds for the fiscal year
commencing the 1st day of October, 1990.
Section 5. That no department, bureau, agency or individual
receiving appropriations under the provision of this resolution shall
exceed the amount of its appropriation, except with the consent and
approval of the City Commission first obtained~ and if such department,
bureau, agency, or individual shall exceed the amount of its
appropriation without such consent and approval of the City Commission,
the administrative officer or individual, in the discretion of the City
Commission, may be deemed guilty of neglect of official duty and may be
subject to removal thereof.
laB
.
-
-
Section 6. That nothing in this resolution shall be construed
as authorizing any reduction to be made in the amounts appropriated in
this resolution for the payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida.
Section 7. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewe r Fund,
Sanitation Fund or any other Fund of the City shall be expended for any
purposes than those for which they are appropriated, and it shall be the
duty of the Budget Director andlor Finance Director to report known
violations of this section to the City Manager.
Section 8. That all monies collected by any department,
bureau, agency or individual of the City Government shall be paid
promptly into the City Treasury.
Section 9. That the foregoing budget be and hereby is
tentatively adopted as the official budget of the City of Delray Beach
for the aforesaid period. Provided, however, that the restrictions with
respect to the expenditures/expenses of the funds appropriated shall
apply only to the lump sum amounts for classes of expenditures/expenses
which have been included in this resolution.
Section 10. That this resolution shall be effective on October
1, 1990.
PASSED AND ADOPTED in regular session on this the 11th day of
September, 1990.
-,- -'
MAY 0 R
-
ATTEST:
City Clerk
-2- Res. No. 89-90
"
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EXHIBIT "A"
BUDGET SUMMARY
CITY OF DBLllAY BUell - FISCAL YEAR 1990-91
ENTERPRISE FUNDS
---------------------------------------------------
SPECIAL CEMETERY MARINA SANITATION WATER , GOLF
GEIIEl\AL REVENUE FUND FU!lD FU!lD SEWER COtl1USE
FUND FUNDS FUND FU!lD TOTAL
-------------------------------------------------------------------------------------
CABS BALAXCJ:S BROUGHT FORWARD 100,000 198,455 0 0 0 298,455
---------------------------------------------------------------------------------------------------------------------------
ESTIMATED REVEKUES
----------------------------------
TAXES: MILLAGES
AD VALOllBM TAXES 6.6286 17,571,216 17,571,216
AD VALOllBM TAXES 1.0014
SALES AND USE TAXES 866,816 866,816
FRANelIISE TAXES 2,598,200 2,598,200
UTILITY TAXES 4,053,600 4,053,600
LICENSES AND PERMITS 1,263,110 1,263,110
II'l'BRGO'IE1IlOIEftAL REVEKUE 4,456,301 499,140 51,000 5,006,441
CHARGES FOR SERVICJ:S 628,425 120,000 67,000 90,200 2,065,264 17,883,606 1,381,800 22,236,295
nlfES AND FORPEITURES 353,600 353,600
MISCEI.I.AlQlOUS RBVEMUES 951,503 113,426 26,000 4,500 36,000 432,000 65,000 1,628,429
OTBER FINANCING SOURCES 3,117,700 128,894 85,000 3,331,594
. REVDUBS AND
0'l'BER FIl'IAJrCIl'lG SOURCJ:S 35,860,471 861,460 178,000 94,700 2,152,264 18,315,606 1,446,800 58,909,301
-------------------------------------------------------------------------------------
TOTAL BSTIMATED llEVEl'lUES
AND BALAXCJ:S 35,960,471 1,059,915 178,000 94,700 2,152,264 18,315,606 1,446,800 59,207,756
EXPBl'lDITURES/EXPBl'lSBS:
----------------------------------
GUBRAL GOVERl'lMEl'lTAL SERVICJ:S 5,051,600 5,051,600
PUBLIC SAFETY 19,077,848 87,025 19,164,813
PRYS I CAL El'lVIRClMBl'l'r 121,391 174,544 1,974,299 11,369,166 13,639,400
TMlfSPOR'rATION 1,171,963 1,111,963
BCOl'lOMIC DVIROIIME1IT 341,440 563,166 904,606
IItlMM SERVICJ:S 166,753 166,153
CULTURE , lU!:CREATION 4,457,014 281,324 39,256 1,019,100 5,796,694
DEBT SERVICB 3,025,283 128,400 3,456 3,417,941 354,800 6,989,880
III'rElUCAL SERVICES 384412 0 384,412
OTHER FINAl'lCING SOURCES(USES) 1,782,864 32,155 50,000 3,468,499 72,900 5,401,018
...
'.
.
TOTAL EXPEl'lDITURES/EXPEl'lSES 35,580,568 1,059,915 178,000 72,011 2,024,299 18,315,606 1,446,800 58,677,199
lU!:SERVES 0 0 o 22,689 121,966 0 150,655
-------------------------------------------------------------------------------------
TOTAL APPROPRIATED EXPBl'lDITURES 35,580,568 1,059,915 178,000 94,700 2,152,265 18,315,606 57,381,054
! ESERVES ----..............-.......................-.........--......-----.-..-.-.---........-
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t71
SUBJECT: AGENDA ITEM #/~ e- MEETING OF SEPTEMBER 11, 1990
ORDINANCE NO. 39-90
DATE: September 11, 1990
This is a second reading of an Ordinance amending the Gulfstream
Building SAD (Special Activities District). The Gulfstream Building
is located on the north side of George Bush Boulevard (N.E. 8th
Street, east of the Intracoastal Waterway. A similar request was
before the Commission at your June 26th regular meeting and was denied
at first reading. Subsequently, the Commission considered a request
for waiver of City Code Section 173.887 (A)(l) to permit another
rezoning application to be submitted prior to the 6 month waiting
period required by Code. That request was approved at your July 10th
regular meeting.
Initially, a proposal was submitted for POC (Planned Office Center).
That petition was amended and a modification to the existing SAD uses
was proposed. The resulting list of modifications contain three new
uses which are not currently allowed under the existing SAD: Retail
banking offices; Title Insurance Company; Marine or aviation
brokerage firm. Additionally, the modification of the conditional
uses within the SAD ordinance involves the removal of arbitrarily
placed restrictions, i. e. sunset clauses and maximum square footage
restrictions.
The Planning and Zoning Board at their August 20th meeting recommended
approval of the request modifications. One letter of opposition was
received and is attached as backup material for this item. A detailed
staff memorandum is also attached.
'Jl
-! ORDINANCE NO. 3 9- 9 0
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 38-84 BY
I REPEALING SECTION 2(a) AND ENACTING A NEW SECTION 2(a)
I
! TO PROVIDE FOR CONDITIONAL USES PERMITTED IN THIS SAD
, f i
(SPECIAL ACTIVITIES DISTRICT); BY ADDING A NEW SECTION
I 2 (i) TO PROVIDE FOR SIGNAGE LIMITATIONS: PROVIDING A
SAVING CLAUSE~ PROVIDING A GENERAL REPEALER CLAUSE~
PROVIDING AN EFFECTIVE DATE.
,
I
I WHEREAS, the City Commission in Ordinance No. 38-84 zoned the
i
:1 property known as the Gulfstream Building, located at the northwest
, corner of N.E. 8th Street and Andrews Avenue, to the SAD (Special
~ I Activities District) and approved conditional uses and a site and
I
I development plan subject to conditions; and,
t WHEREAS, Section 2 (a) of Ordinance No. 38-84 set forth the list
I, :1 of conditional uses to be permitted within this SAD (Special Activities
J " District) ~ and,
'I
\ 1 ':\ WHEREAS, the City Commission, pursuant to City ordinances,
, wishes to amend the conditional uses to be permitted wit.hin t.hb SAD
. p (Special Activities District.)~ and,
: 1
WHEREAS, the City Commission, pursuant. to City ordinances,
- - wishes t.o add an additional sect.ion pert.aining t.o signage,
\ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
,. CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
; J.r-- Sect.ion l. That. Ordinance No. 3 8- 8 4 , Section 2(a), is hereby
repealed and a new Section 2(a) is hereby enact.ed to read as follows:
~1' (a) The only conditional uses to be permitted here-
under are as follows:
"'
Medical Offices limited to 12,000 square feet
Professional Offices
Trust.ees limited to the conduct. of -trust
I business- as defined in Florida Statutes,
, Chapt.er 658, or as may be amended
Retail banking offices limited to 4,000 square
t feet.; Drive-in facilit.ies shall not be allowed
- Charitable Foundations
Execut.ive offices which are not frequented by the
general public at the premises
- One Pharmacy
! One Real Estate Brokerage firm
~ One Securities Brokerage firm
I I Advertising/Public Relations offices
Nursing Placement offices
I One Title Insurance Company
II Marine or aviation brokerage firms, without on-
il premises storage of it.ems which are brokered
I
i Section 2. That a new Sect.ion 2 (i) relative to signage be
I added to read as follows:
I
(i) Signage shall be limi t.ed as follows: There may
\\ be one Monument sign, eight. foot t.wo inches
(8'2-) high, consisting of two ( 2) double-faced
\1 illuminated cabinets on a pedest.al base, t.he base
being two feet. (2') high, the first. cabinet being
two feet. (2') hiih, and the second cabinet. being
il four feet (4') h gh with a two inch (2-) separa-
'l
I
~ f
tion. The larger cabinet shall contain the name
of one major tenant and the smaller cabinet shall
contain the address of the property. There shall
be no signage on the building except (a) awnings
or similar decoration limited to the first floor
, · which may bear the name of the tenant, or (b)
identification in the doorway of the tenant
occupying the first floor.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
I
Section 5. That this ordinance shall become effective ten (10)
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on this the day of
! , 1990.
.
MAYOR
ATTEST:
,...
{ i
City Clerk
l
First Reading
Second Reading
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I
- 2 - Ord. No. 39-90
'.
C I T Y COMMISSIOR DOCUMERTATIOR
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
.j~~
FROM: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
FIRST READING CONSIDERATION OF AN ORDINANCE MODIFYING
THE GULFSTREAM BUILDING S.A.D.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which modifies the
list of permitted uses for the Gulfstream S.A.D. and which
also restricts signing for that project.
The Gulfstream S.A.D. (aka Gold Building) is located on the
north side of George Bush Boulevard (NE 8th St), east of the
Intracoastal Waterway.
BACKGROUND:
A similar request was before the Commission and was denied a
short time ago. Special consideration was given to allow another
rezoning petition to be submitted. Initially submitted for POC
zoning, the petition was amended to a modification of the
existing SAD uses. The resulting list of uses resulted as a
compromise action on behalf of the agent, objecting residents,
and representatives of the Beach Property Owners Association.
The terms of the compromise have been incorporated in the
proposed ordinance. Please refer to the P&Z Staff Report for a
more complete description of the project and its analysis.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board reviewed this request at its
meeting of August 20, 1990. Following a public hearing and on a
unanimous vote of 5-0, the Board recommended approval of the
- requested modification as modified (by the agent) at the meeting.
There was one letter of opposition.
City Commission Documentation
First Reading Consideration of an Ordinance Modifying
The Gulfstream Building SAD
Page 2
RECOMMENDED ACTION:
By motion, based upon the findings of the Planning and Zoning
Board, approval of the ordinance on first reading.
NOTE: Because this ordinance is modifying an existing SAD
ordinance, this "rezoning" cannot be accommodated in the LOR
action.
Attachments:
* Cover sheet from the P&Z Staff Report of August 20, 1990
REF/DJK#70/CCGULF.TXT
--
:J~ANN; I NG 8 ZONING BOARD STAFF REPORT
--- - --
:ITY OF OELRAY BEACH
. SETING rATE: AUGUST 20. 1990
AG~ ITEM: II!.B.
A MAJOR MODIFICATION TO THE CONDITIONAL USES OF THE GULFSTREAM BUILDING SAD
I TEH: (SPECIAL ACTIVITIES DISTRICT). AT THE NORTHWEST CORNER OF N.E. 8TH STREET
AND ANDREWS AVENUE.
.
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pt ,@
flME
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::NERAL DATA:
,
Owner...........................Bi11 Hammonds, President
(Suncoast Saving and Loan Assoc.)
Applicant.......................Bill Hammonds, President
(Suncoast Saving and Loan Assoc.)
Location........................North side of Northeast 8th
Street between Andrews Avenue and
the Intracoastal Waterway
Property Size...................l.35 Acres
City Land Use Plan..............Transitional
City Zoning.....................SAD (Special Activities District)
Requested Zoning................Modified SAD
Adjacent Zoning.................North. East, South. and West of
the subject property are zoned
RM-IO (Multiple Family Dwelling
District)
Existing Land Use...............Office
Proposed Land Use...............Office and Limited Retail Uses
Water Service...................Existing on-site
Sewer Service...................Existing on-site
ITEM: III.B.
.
P&Z Staff Report
Gulfstream Building SAD
Page 2
* Professional Offices limited to: accountants; architects;
landscape architects; attorneys; engineers; and individual
and corporate trustees limited to the conduct of "trust
business" as defined in Florida Statutes, Chapter 658, or as
may hereafter be amended, but excluding any commercial
banking business.
* Charitable Foundations.
* Executive Offices, of the following: Financial
Institutions; market research and analysis companies;
publishing companies; real estate investment and development
companies; each such executive office limited to 3,500
square feet.
* Pharmacy, limited to 720 square feet, which use shall cease
on or before January 1, 1991.
* One ( 1 ) Real Estate Brokerage Office, limited to 1,250
square feet.
* One ( 1) Securities Brokerage Firm, 1 im! ted to 2,500 square
feet.
* One ( 1) AdvertisinglPublic Relations Office, limited to
1,000 square feet.
* One ( 1 ) Nursing Placement Office, limited to 1,500 square
feet.
* Private Executive Offices which do not conduct business with
the general public.
The unusual restrictions to specific floor area were initiated in
response to concerns relating to traffic generation rates as
expressed during the rezoning hearing. At the public hearing the
following concerns were expressed:
* higher traffic generation rates with general office vs
current professional office use.
* The additional 3,400 sq. ft. to the fifth floor and its
violation of the height ordinance and precedent setting
ramifications.
* General intensity of use with an additional 3,400 sq. ft.
(fifth floor) and associated traffic concerns, quality of
life and effect on property values.
-
P&Z Staff Report
Gulfstream Building SAD
Page 4
The zoning reconsidered for this property, pursuant to the LOR
rezoning, is RM. Consideration of this zoning request by the
Ci ty Commission will occur after adoption of the LORs and will
therefore supersede any proposed rezoning action associated with
the LOR adopticn process.
CONDITIONAL USE ANALYSIS:
The applicant has met with representatives of homeowner
associations in the area and via their input has reduced the
number of uses to be proposed.
The following matrix shows the comparison between these proposed
uses and the existing allowed uses:
Proposed SAD Current SAD
Medical Offices limited Allowed until 1/91 but limited
to 12,000 square feet to 9,200 sq. ft.
Professional Offices Allowed but limited to
specific professional offices
under RM-10 Zoning district.
Trustees limited to the Allowed
conduct of "trust business"
as defined in Florida Statutes,
Chapter 658, or as may amended.
Retail banking offices limited Currently not allowed and
to 4,000 square feet excluding specifically excluded.
any Drive-in facilities.
Charitable foundations Allowed
Executive offices which are Allowed but limited to
to be frequented by the general specific types.
public at the premises.
One Pharmacy Allowed until 1/91 but limited
to one office to 720 sq. ft.
One Real Estate Brokerage firm Allowed but not limited to one
per minor modification
11/21/88
One Securities Brokerage Firm Allowed but limited to one
office of 2,500 sq. ft.
. ,
Advertising/Public Relations Allowed but restricted to one
offices office of up to 1,000 sq. ft.
,
P&Z Staff Report
Gulfstream Building SAD
Page 6
Standard 18 (qeneral compatibility with ad1acent properties)
The existing land use pattern is that of Multiple Family
Resl.dential (RM-IO) to the north, south and west and professional
offices to the east. To the north the property is bordered by
the "Waterway North Condominiums", to the west by the "Waterway
North II Condominiums", to the south by the "Landings
Condominiums". To the east of the site is bordered by Andrews
Avenue (north of 8th Street) and a one-story professional office
developed under RM-IO zoning district. As the proposal involves
an existing building, any impact would relate to the additional
uses which would be allowed.
With the previous rezoning requests to LC and modification to the
SAD, major concerns relating to compatibility conflicts stemmed
from the introduction of higher traffic generating retail and
commercial uses. The uses under this development proposal do not
include any retail commercial uses and represent the introduction
of three new uses including a retail bank (4,000 sq. ft. ) , Title
Insurance company, and marine brokerage firm. Changes in traffic
impact from these three uses should be negligible and can quickly
disperse on N.E. 8th Street to both Federal Highway or A-1-A
thereby minimizing the impact on adjacent neighborhoods.
Standard *10 (economic effects on ad1acent properties)
Relationship to existing Land Use Pattern)
There should be no direct correlation between a change in the
utilization of the existing building and property values in the
area.
OTHER ITEMS:
One letter of opposition has been received and a copy is attached.
ASSESSMENT:
The modification of the Conditional Uses within the SAD ordinance
involves the removal of arbitrarily placed restrictions 1. e.
sunset clauses, and maximum square footage as well as the
introduction of three ( 3 ) new uses. It appears appropriate to
recommend approval to remove restrictions on specific uses
thereby treating this SAD similar to others. With respect to the
introduction of new uses, the fate of each should be considered
after public testimony is received.
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PROPOSED SPECIAL ACTIVITIES DISTRICT \
1. Medical Offices limited to 12,000 square feet
2. Professional Offices
3. Trustees limited to the conduct of "trust business" as
defined in Florida Statutes, Chapter 658, or as may amended.
4. Retail banking offices limited to 4,000 square feet
excluding any Drive-in facilities.
5. Charitable foundations
6. Executive offices which are not frequented by the general
public at the premises.
7 . One Pharmacy
8. One Real Estate Brokerage firm
9. One Securities Brokerage Firm
10. Advertising/Public Relations offices
II. Nursing Placement offices
!
12. One Title Insurance company I
13. Marine or aviation brokerage firms, without on-premises I
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storage of items which are brokered. I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 5~J
SUBJECT: AGENDA ITEM #/~~ MEETING OF SEPTEMBER 11, 1990
REQUEST FOR WAIVER TO THE SIGN CODE
DATE: September 7, 1990
This request was removed from your August 28th agenda. This item is
before you to hold a public hearing on a request from the Saturn
Dealership to erect a 17 foot sign with a 62 square foot sign cabinet.
City Code requires that the sign cabinet on a second free standing
sign not exceed 50 square feet. Previously, two 16 foot signs were
approved, however, the manufacturer is now stating that the minimum
height configuration for these signs is 17 feet and thus the applicant
is requesting a variance to permit a larger sign cabinet.
The Community Appearance Board at their August 8th meeting recommended
of the 17 foot height and also provided favorable review of the larger
sign cabinet. Staff however, is recommending denial of the waiver.
Recommend the Commission conduct a public hearing on the request from
the Saturn Dealership for waiver of the Sign Code.
;;
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
f-
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FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTfu/0'
SUBJECT: ,~J
SIGH CODE WAIVER FOR SATURN
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DATE: AUGUST 23, 1990
BACKGROUND
Saturn, located at 2800 S. Federal Highway is requesting a waiver
to Sec. 162.035 (F) (3) (a), which requires the sign cabinet of a
second free-standing sign not to be larger than 50 square feet.
Proposed sign is 62 square feet, which is 12 square feet over the
code requirement.
CAB favorably reviewed the sign on 7/25/90 and 8/8/90, re-
adjusting the height to 17 feet.
RECOMMENDATION
Staff is recommending that the Commission deny Saturn's waiver
request for the larger sign, even though CAB provided a favorable
review and is in support of the larger sign. Approval of this
waiver request would set an undesirable precedent.
LB:DQ
D/7
Cornrn.828
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRGr1 : CITY MANAGER /JL1"1
SUBJECT: AGENDA ITEM #/tJ (- MEETING OF SEPTEMBER 11, 1990
ORDINANCE NO. 40-90
DATE: September 4, 1990
This is a second reading of an Ordinance amending the Code of
Ordinances by enacting a new section "Annexation, Unbilled Properties,
Remedial Provisions" to provide for billing of annexed properties and
previously unbilled properties receiving refuse collection services
from Waste Management, Inc. This ordinance, like the amendment,
provides the mechanism to furnish payment to Waste Management for
those properties annexed into City prior to October 1, 1989 and those
previously unbilled units.
Recommend approval of Ordinance No. 40-90.
p~4~O
ORDINANCE NO. 40-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS, CHAPTER 51, "GARBAGE AND TRASH", BY ENACTING
A NEW SECTION 51.76, "ANNEXATION, UNBILLED PROPER-
TIESi REMEDIAL PROVISIONS", TO PROVIDE FOR BILLING
OF ANNEXED PROPERTIES AND PREVIOUSLY UNBILLED
PROPERTIES, PROVIDING A SAVINGS CLAUSEiPROVIDING A
GENERAL REPEALER CLAUSEi PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA', AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, "Garbage
and Trash, of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended by enacting a new Section
51.76, "Annexation, Unbilled Propertiesi Remedial Measures" to read as
follows:
Section 51.76. Annexation. Unbilled Properties; Remedial
Measures
(a) Dwelling units serviced by contractor, which were annexed
into the City prior to October 1, 1989 shall be added as
additional units and the contractor shall be compensated
for the services provided to the; annexed units from
October 1, 1989 through September 30, 1990 to the extent
that the City is able to bill and collect for the
services provided. The above described annexed units
shall be added to the monthly billing statement, provided
by contractor effective October, 1990. Each successive
year, the contractor shall be allowed to add annexed
dwelling units for the previous fiscal year.
(b) The contractor is entitled to payment for services
rendered to properties for each dwelling unit within the
City. If it is discovered that dwelling units have not
been billed for services rendered, then the City shall
bill for the total of all monthly service charges due,
retroactive to the date services started or the beginning
of the fiscal year, whichever date is later. Thereafter,
service charges for such units shall be billed monthly as
provided in Section 51.71. The City shall compensate its
contractor for service to previously unbilled units
discovered between October 1, 1989 and September 30, 1990
to the extent that the City is able to bill and collect
for the services provided.
(c) Dwelling unit is defined in Section 173.001, "Defini-
tions", of the Code of Ordinances of the City of De1ray
Beach or as described in Section 1. 4.5, "Definitions" of
the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida.
.
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Section 2. That should any section or provision of tho
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.
2
ORD. NO. 41-90
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EMERGENCY ORDINANCE NO. 43-90
, . AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRA Y BEACH, FLORIDA, BY AMENDING CHAPTER 171,
"COMPREHENSIVE PLAN", BY REPEALING SECTION 171.15,
"CREATION OF PLANNING AND ZONING BOARD" , SECTION
171.17, "APPOINTMENT AND TERM; OFFICERS; MEETINGS",
AND 171.18, "REMOVAL OF MEMBERS~ VACANCIES" , BY
ENACTING A NEW SECTION 171.10, "INTERIM PLANNING AND
ZONING BOARD" , PROVIDING FOR THE CREATION OF AN
INTERIM PLANNING AND ZONING BOARD HAVING ALL THE
POWERS AND DUTIES OF THE PLANNING AND ZONING BOARD,
PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS
I OF THE INTERIM PLANNING AND ZONING BOARD; PROVIDING
. A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
i
CLAUSE; PROVIDING AN EFFECTIVE DATE.
,
1 WHEREAS, the City of Oelray Beach is in the process ot revis-
ing its Land Development Regulations; and, /
. f WHEREAS, it is anticipated that ne~ Land Development Regula-
tions establishing a new Planning and Zoning Board with revised duties
and functions will become effective on or about October 1, 1990; and,
WHEREAS, there presently exists a City Planning and Zoning
.,..... Board on which there are large number of vacancies; and,
\
WHEREAS, it. is necessary for the orderly transaction of
l-Y, business and processing of land development applications that a Planning
and Zoning Board function under the City's Code of Ordinances; and,
~- " WHEREAS, it is the desire of the City Commission to maintain
continuity of the Planning and Zoning Board membership during the
transition period between the existing and the the new land development
ragulationsi and,
. WHEREAS, 18 the intent of this ordinance to deconstitute
1t
the existing Planning and Zoning Board and create an Interim Planning
- and Zoning Board to operate 1n its stead; and,
WHEREAS, it 1S necessary to efficiently serve the public the
Interim Planning and Zoning Board be duly constituted and function in
the month of September; and,
WHEREAS, the City CommiSSion believes this to be an emergency
situation raquiring the enactment of this emergency ordtnance pursuant
to the procedures set forth in Section 166.0413(b), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMIssiON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That 'ritle XVII , "Land Usage", Chapter 171,
"Comprehensive Plan", be, and the same 1s, hereby amended by repealing
Sections 171.15, "Creation of Planning and Zoning Board" , 171.17,
"Appointment and Term; Otficers; Meetings", 171.18, "Removal of Members;
Vacancies".
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Section 2. That. I Title XVII, "Land Usage", Chapter 171,
"Comprehensive Plan", be and the same is hereby amended by enacting a
new Subsection 171.10, "Interim Planning and Zoning Board" to read as
folloW8 :
171.10. Interim Planning and Zoning Board.
, ~ (A) Pursuant tCJ the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim Planning and zoning Board is hereby
created. Wherever this Code of Ordinances refers to Planning and Zoning
Board it shall be deemed to refer to the I ntar im P hnning and Zoning
. Board.
(B) The members of the Interim Planning and Zoning Board shall be
appointed by the Commission and serve at the pleasure of the Commission.
The term of the members shall expire upon the adoption of Ordinance
25-90 or any ordinance of similar import.
(e) The Interim Planning and zoning Board shall elect its Chairman
I from among its members and shall create and fill Such other of its
j offices as it may determine to be necessary.
(D} The Interim Planning and Zoning Board shall meet at the call
, of the Chairman at least once a month which meeting shall be open to the
l public and shall keep a publiC record of its resolutions, findings and
determinations. The Board may adopt such rules and regulations and
deemed necessary for the transaction of busineS8. I
. ! or partJ of ordinances which
, Section 3. That all ordinances
are in conflict herewith are hereby repealed.
Section 4. That ahould any section or provislon of thi
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
l~',. whole or part thereof other than the part declared to be invalid.
~'" sec~ion ~. Pursuant to Section 166.0413(b), Florida Statutes,
if approved by a two-thirdS majority of the City Commission, this
ordinance shall ,take effect upon first and final reading.
PASSED AND AOOPTED in regular session on first and final
reading on this the day of , 1990.
,
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MAYOR
ATTEST:
City Clerk
First Reading
Second Reading .
2 ORD. NO. 43-90
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EMERGENCY ORDINANCE NO. 44-90
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
, ~ CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII,
"LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY
OF OELRAY BEACH, FLORIDA, BY AMENDING CHAPTER
173,"ZONING CODE", "SITE AND DEVELOPMENT PLAN
. APPROVAL" , "ADMINISTRATION AND ENFORCEMENT", SECTION
173,916, "BOARD OF ADJUSTMENT" , BY REPEALING
SUBSECTIONS 173.916(A) AND (B) ; BY ENACTING NEW
SUBSECTIONS 173.916(A) AND (B) , PROVIDING FOR THE
CREATION OF AN INTERIM BOARD OF ADJUSTMENT HAVING
ALL THE POWERS AND DUTIES OF THE BOARD OF ADJUST-
MENT, PROVIDING FOR THE APPOINTMENT AND TERMS OF
MEMBERS OF THE INTERIM BOARD OF ADJUSTMENT;
I PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
i SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
, WHEREAS, the City of Delray Beach is 1n the process of revis-
'! ing its Land Development Regulations; and,
WHEREAS, it 18 ant1cipated that new Lan~ Development Regula-
- ! trons establiShing a new Board of Adjustment wit revised duties And
I functions will become effect~ve on or about Octobe 1, 1990; and,
WHEREAS, there presently Bxists a City Board of Adjustment on
which there are large number of vacancies; and,
r- WHEREAS, it is necessary for the orderly transaction of
\
busineas and processing of land development applications that a Board of
(t.... Adjustment function under the CitY~8 Code of OrdInances; and,
~.. WHER!AS, it is the desire of the City Commission to maintAin
. continuity of the Board of Adjustment membership during the transition
period between the existing and the new land development regulations;
and,
WHEREAS, it 1s the intent of this ordinance to deconstitute
. the existing Board of Adjustment and create an Interim Board of Adjust-
ment to operate in its stead; and,
- neceSSAry to efficiently serve the public
WHEREAS, it 1s the
Interim BOArd of Adjustment be duly constituted and function in the
month of September; and,
WHEREAS, the City Commi.sion believes this to be an emergency
situation requirinq the enactment of this emergency ordinance pursuant
to the procedures set forth in Section 166.0413(b), Flor1da Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .
Section 1. That T1 tle XVI I, "Land usage", "Si tit and Develop-
ment Plan Approval", "AdministrAtion and Enforcement", Section 173.916,
"Board of Adjustment", of the Code of Ordinances of the City of Delray
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Beach, Florida, be, and the same 1s, hereby amended by repealing Subsec-
tion. 173.916(A) and (8).
Section 2. That Title XVII / "Land Usage", "Site and Develop-
ment Plan Approval", "Administration and Enforcement", Section 173.916/
"Board ot Adjustment", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting a new
, t Subsections (A) and (B) to read as follows:
Section 173.916. Interim Board of Adjustment.
. (A) Pursuant to the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim Board of Adjustment is hereby created.
Wherever this Code of Ordinances refers to Board of Adjustment it shall
be deemed to reter to the Interim Board of Adjustment.
( 1) The members of tt,le Interim Board of Adjustment shall be
appointed by the Commission and serve at the ,pleasure of the Commission.
The term of the members shall expire upon the adoption of Ordinance
I 25-90 or any ordinance of similar import.
i ' (2 ) The Interim Board of Adjustment shall elect its Chairman from
among its members and shall create and fill such other of its offices as
J it may determine to be necessary.
!
( 3) The Interim Board of Adjustment shall meet at the call of the
Chairman at least once a month Which meeting shall qe open to the public
- I and shall keep a public record of its resolutions, tindinqs and determi-
nations. The Board may adopt such rules and regulations deemed
necessary for the transaction of business.
Section 3. That all ordinances or parts of ordinances whic'~
are in conflict herewith are hereby repealed.
~
Section 4. That should any section or provision of this
l~ ' 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 ~. Pursuant to Section 166.0413(b), Florida Statutes,
if approved by a two-thirds majority of the City Commission, this
ordinance ahall take effect upon first and final reading.
-
PASSED AND ADOPTED in regular session on first and final
reading on this the day of , 1990.
-
MAYOR
ATTEST:
City Clerk
.
Firat Reading
Second Reading
2 ORn. NO. 44-90
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EMERGENCY ORDINANCE NO. 45-90
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE
, + CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV,
"BUILDING REGULATIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 152, "COMMUNITY APPEARANCE", "COMMUNITY
. APPEARANCE BOARD", BY REPEALING SECTIONS 152.35,
"ESTABLISHMENT" , 152.36, "APPOINTMENT; TERMS", AND
152.37, "ORGANIZATICN", AND BY ENACTING NEW SECTION
156.30, "INTERIM COMMUNITY APPEARANCE BOARD",
PROVIDING FOR THE CREATION OF AN INTERIM COMMUNITY
APPEARANCE BOARD HAVING ALL THE POWERS AND DUTIES OF
THE COMMUNITY APPEARANCE BOARD, PROVIDING FOR THE
APPOINTMENT AND TERMS or MEMBERS OF THE INTERIM
i COMMUNITY APPEARANCE BOARD; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
i ING AN EFFECTIVE DATE.
,
1 WHEREAS, the City of Delray Beach is 1n the process of rev1s-
, ing its Land Development Regulations; and,
~ WHEREAS, it is anticipated that new Lanqi Development Requ1a-
I tions establishing a new Site Plan Review and Appearance Board with
revised duties and functions will become effective on or about October
1, 1990; and,
WHEREAS, there presently exists a City Community Appearance
~ Board on which there are large number of vacancies; and,
, WHEREAS, it is necessary for the orderly transaction of
tr business and processing of land development applications that a com-
munity Appearance Board function under the City's Code ot Ordinances;
~ and,
W~EREA5, it 1s the desire of the City CommisSion to maintain
continuity of the Community Appearance Board membership during the
transition period between the existing and the new land development
- regulations; and,
WHEREAS, it is the intent of this ordinance to deconstitute
- the existing community Appearance Board and create an Interim Community
Appearance Board to operate in its stead; and,
WHEREAS, it 1s necessary to efficiently serve the publiC the
Interim Community Appearance Board be duly constituted and function in
the month of septamber~ and,
WHEREAS, the City Commission believes this to be an emergency
situation requiring the enactment of this emergency ordinance pursuant
to the procedures set forth in Section 166.0413(b), Florida S~atutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sect10n 1. That ITitle XV, "Building Regulations", Chapter
152, "Community Appearance" "Community Appearance Board" of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is,
hereby amended by repealing Sections 152.35, "Establishment", 152.36,
"Appointm.nt; terms", and 152.37 "Organization".
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~ection 2. That Title XV, "Building ~egulatlons", Chapter
152, "Community Appearance" "Community Appearance Board" of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended by enactin9 a new Section 152.35 to read as follows:
Section 152.35. Interim community Appearance Board.
, ~ (A) Pursuant to the authority of the City Charter and Florida
Statutes Sec. 163.3174 an Interim community Appearance Board is hereby
created. Wherever this Code of Ordinances refers to Community Appear-
ance Board it shall be deemed to refer to the Interim Community
.
Appearance Board.
(B) The members of the Interim Community Appearance Board ehall be
appointed by the commission and serve at the pleasure of the Commission.
The term of the members shall expire upon the adoption of Ordinance
25-90 or any ordinance of similar import.
i (C) The Interim Community Appearance Board shall elect its Chair-
j man from among its members and shall create and fill such other of its
i offices as it may determine to be necessary.
I :
(D) The Interim Community Appearance Board shall meet at the call
J of the Chairman at least once a month which meetin9 shall be open to the
,
1 publiC and shall keep a public record of its resolutions, findings and
determinations. The Board may adopt such rules and regulations deemed
necessary for the transaction of business. /
- f
Section :3 . That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That should any section or prov is ion of t
...... ordinance or any portion thereof, any paragraph, sentence, or word
\ declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
h:. whole or part thereof other than the part declared to be invalid.
r< "' Section 5. Pursuant to Section 166.0413(b), Florida Statutes,
if approved by a two-thirds majority ot the City Commission, this
ordinance shall take effect upon first and final reading.
PASSED AND ADOPTED 1n regular session on first and final
, reading on this the day of , 1990.
-
MAYOR
ATTEST: :
Ci ty Clerk
First ~eadin9
Second Reading .
2 ORO. NO. 45-90
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[ITY DF DELRAY BEA[H
100 N W 1 s: A V E i\: 1J E OELRAY BEACH F-LORIDA 33444 407/243.7000
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: David T. Harden, City Manager 1)7"'/
SUBJECT: AGENDA ITEM # ,{).A SEPTEMBER 11, 1990
ORDINANCE # 41-90 SANITATION RATES
DATE: September 7, 1990
City Commission is requested to approve on first reading, Ordinance
#41-90 which revises sanitation customer charges per your budget
workshop direction. If approved, the second reading and public hearing
will be held on September 25, 1990.
Residential collection rates have been increased by 4.6%, the CPI per
contract, and the disposal fee has been eliminated due to the Solid
Waste Authority assessment fee. The residential equivalent fee of $.75
per unit has been eliminated for all residential type services.
Commercial collection rates have increased by 4.6%, the CPI per
contract requirements, and disposal fees have also increased to $83.50
per ton for commercial dumpsters per the Solid Waste Authority proposed
budget.
DTH:rab:kwg
THE EFFORT ALWA YS MATTERS
-
~I ORDINANCE NO. 41-'0
I
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR DECREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES ~ AND TO PROVIDE FOR
FEES FOR BOTH RESIDENTIAL AND COMMERCIAL CUSTOMERS FOR
RECYCLING SERVICE~ PROVIDING A GENERAL REPEALER
CLAUSE~ PROVIDING A SAVING CLAUSE~ PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, "Garbage
.- and Trash", "Rates and Charges", Section 51.70, "Regular Charges
" Levied", of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
~' . Sec. 51-70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for garbage
and trash service:
(A) Charges for the below-described garbage and trash pickup
service shall be as follows and shall commence when a
certificate of occupancy is issued for any residential or
commercial units, and shall continue monthly thereafter
unless service is discontinued in accordance with Section
-- 51-72:
- (1) For those customers receiving Type A, roll-out cart
service, the service charge shall be 11.'J27 $12.01
per month for garbage and trash pickup. However, the
levy for "Tropic Palms and Palms of Delray" (known as
Type F) shall be Ill/i1 $9.44 per month for garbage
and trash pickup. -----
(2) For those customers receiving Type B, rear-doorlside-
door service, the service charge shall be n"u,J,
$10.13 per month for garbage and trash pickup.
(3) For those customers receiving Type C, curbside,
garbage and household trash in disposable containers
service, the service charge shall be II~J'~ $4.19 per
month for garbage and household trash pickup:----
(4) For those customers receiving Type D, curbside in
owner's container (or for those customers who, by
reason of disability, as certified by a doctor and
previously approved by the city, are unable to place
refuse containers on the street, and whose collection
by the city or its contractor is thus pursuant to the
Type B, rear-doorlside-door service), the service
charge shall be U(JI'J~ $8.08 per month for garbage
and trash pickup. -----
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NOTE: Residential customers shall be assessed a
UJU $1. 8 8 per unit charge for recycling service
(included in rates set forth above).
(B) Mechanical containers and commercial refuse container
service.
(1) For customers receiving Type E, mechanical containers
and commercial refuse container service, the service
charge shall be based upon the following for such
garbage and trash services:
Container Residential Commercial
Size Monthly Monthly
(Square Pickups Container Container
Yard) Per Week Charge Charge
(Co llection (Collection
.- Charge Only) and Disposal
" Charge)
2 1 $ 28 $1/1'$1. $ 66
3 1 39 74 95
4 1 48 U 123
6 1 66 117 180
8 1 82 1.71 233
2 2 56 Irn 132
3 2 IT 1.4S 191
4 2 95 1.9~ 247
6 2 132 1.7'$ 360
8 2 163 ~n 466
2 3 84 1.'J4 198
-- 3 3 116 1.11. 286
4 3 143 1.U 370
- 6 3 198 4Y.1. 540
...,.- 8 3 245 $1~ 700
2 4 112 1.r1~ 264
3 4 154 1.'J~ 382
4 4 190 ~~~ 494
6 4 264 H'1 719
8 4 326 7r17 933
2 5 140 1.$7 329
3 5 193 J7~ 477
4 5 238 47'$ 618
6 5 331 f,~7 899
8 5 407 SU 1166
2 6 168 ~CJ'1 395
3 6 231 441 573
4 6 286 '$7~ 741
6 6 397 S14 1079
8 6 489 ICJfJI 1399
(2) Multiple-family dwelling units containing five units
or more shall use containers emptied by mechanical
means, except as otherwise approved by the city
because of lack of suitable space for a mechanical
container or other good reason.
( 3) Commercial customers shall use mechanical containers
and commercial refuse container service (Type E) .
Commercial customers shall include, but not be
limi ted to, all office buildings, stores, filling
stations, service establishments, light industry,
schools, churches, clubs, lodges, motels, laundries,
hotels, public buildings, food service, and lodging
establishments. Commercial customers may use any of
the following containers for accumulation of refuse:
-2- Ord. No. 41-90
II
II (a) Commercial refuse containers. The city shall
i: require any commercial customer needing more
I than six refuse containers to use mechanical
containers, if feasible.
i (b) Mechanical containers.
(4) The owners/operators of commercial establishments and
other commercial customers shall accumulate such
refuse in those locations mutually agreed upon by the
owner/operator and the city or its contractors, and
which are convenient for collection by the city or
its contractors.
(5) Containers emptied by mechanical means shall be
provided by the city or its contractors. These
containers shall be emptied on a schedule mutually
agreed upon by the customer and the city or its
._ contractors, but not less than one day a week nor
y, more than six days a week. Maintenance of that
container shall be as set forth in this chapter~
however, the city's contractors shall not impose any
. separate or additional charges to customers or to the
city for the rental or routinelregular maintenance of
such containers that may be performed by the city's
contractors.
(6) Commercial customers needing less than six refuse
containers, and those approved for this type of
service by the city in advance because they lack a
suitable location for a mechanical container shall
also be serviced at least once per week. All garbage
-- and commercial trash shall be collected from such
refuse containers at locations agreed to between the
- city or its contractors and the customer.
.,' (C) The charges set forth above for mechanical containers and
commercial refuse container service (Type E) shall accrue
and be payable on the total capacity of the container
whether or not it is full. Containers of the type and
size designated by the city or provided by the city's
contractors shall be used. Where more than one user is
serviced by one container, the monthly charges shall be
levied to each customer by dividing the total monthly cost
by the number of customers using that container; however,
in no event shall the monthly service charge be less than
$S2/p~tlt~tt~~et $28 for residential dumpster service and
$66 for commercial dumpster service. The term "CUSTOMER"
as employed herein is any person using the service or to
whom the service is available. Even if the customer is
different from the person who is actually billed for or
pays for the service, the minimum monthly charge referred
to above shall be calculated as to each customer.
(D) Commercial Rates For Recycling:
HAULING CHARGES 2-CU YD 3-CU YD 4-CU YO 6-CU YO 8-CU YO
IX PER WEEK SVC A~i00 6li00 "i00 llAi00 lA6i00
44.97 64.85 82.63 119.24 152.71
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NOTE: Rates are stated in terms of monthly service charges,
and Waste Management will invoice the City for services as well
as provide the City with a detailed list of commercial
recycling customers and containers. Waste Management will
provide 2-cubic yards of container space for each thirty (30)
dwelling units located in condominium or apartment complexes.
Waste Management will determine appropriate container sizes in
cooperation with the ownersloperators of the condominiums and
apartments. Recycled mixed paper will be collected once each
week.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
.- whole or part thereof other than the part declared to be invalid.
.....:..
',' Section 4. That this ordinance shall become effective
....'. . immediately upon its passage on second and final reading, and the
changes set forth herein shall be applicable to all bills rendered on or
after October 1, 1990.
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
I
-4- Ord. No. 41-90 I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \ Z !> - MEETING OF SEPTEMBER 11, 1990
ORDINANCE NO. 42-90
DATE: September 7, 1990
This is a first reading of an Ordinance amending the Code of
Ordinances by repealing Section 92.33 "Dockage Rates" and enacting a
new Section 92.33 "Dockage Rates". Currently, the City Code provides
for three categories of rates, calculated using a per foot, per day
formula. The dockage only rate which is ,22<::; the rate for dockage
with 110 volt electrical service which is .26<::; and the rate for
dockage with 220 volt electrical service which is .27(;.
This proposed ordinance eliminates those categories and establishes a
flat rate of .30<:: per foot, per day charge. While this flat fee
represents an increase to our current rates, it also brings us in line
with surrounding municipalities offering similar services.
Recommend approval of Ordinance No. 42-90.
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ORDINANCE NO. 42-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", CHAPTER 92, "BOATS AND BOATING" ,
SUBHEADING "CITY MARINA" OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SECTION 92.33, "DOCKAGE RATES" AND ENACTING A NEW
SECTION 92.33, "DOCKAGE RATES" TO PROVIDE FOR THE
ESTABLISHMENT OF ONE RATE FOR DOCKING AT THE CITY
MARINA~ PROVIDING A SAVING CLAUSE~ PROVIDING A GENERAL
REPEALER CLAUSE~ PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. Tha t Ti tIe IX, "General Regulations" , Chapter 92,
"Boats and Boating" , Subheading "City Marina", Section 92.33, "Dockage
Rates" , of the Code of Ordinances of the City of Delray Beach, Florida,
be repealed and a new Section 92.33, "Dockage Rates" be, and the same is
hereby enacted to read as follows:
Section 92.33 Dockage Rates
(A) Schedule. The rate for dockage at the City
Marina shall be $0.30 per foot per day, paid
monthly.
(1) A contract of four months I duration or
longer requires first and last months'
rental and one month's security deposit in
advance.
(B) Services included for persons living aboard.
Upon payment of the property fees set forth
above, persons living aboard while docked in the
city marina will be furnished, at no additional
charge, electricity, water, garbage collection,
and shower facilities.
(C) Due date~ penalty for delinquency. All rental
fees must be received by the tenth of each month.
Further, a $25 late fee shall be imposed for
those payments not postmarked by the tenth of
each month.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision s ha 11 not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective October
1, 1990.
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PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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-2- Ord. No. 42-90
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: MARINA RATES
DATE: September 4, 1990
After extensive review of the rate structures at several
municipal marinas, I recommend that the rate at the Delray Beach
Municipal Marina be increased to $.30 per foot per day paid
monthly. The survey indicated that rates at the other marinas
ranged from a low of $.25 to $.65 per foot per day (see
attached) .
I also recommend tha.t just one rate be established, and the
dockage only rate and the dual electric service rate be
eliminated. The single rate will simplify monitoring the
electric use by marina residents, and avoid the necessity of
completing a Change of Status Form each time a resident leaves
the slip for a period of time but desires to retain the lease.
The $.30 rate is a 36% increase over our current dockage only
rate of $.22, a 15% increase over our current $.26 110-volt
electric service rate, and an 11% increase over our current $.27
220-volt electric service rate. The recommended rate is still
among the lowest of all marina rates. This rate would become
effective October 1, 1990 per Commission approval to amend the
ordinance.
Please review and advise. ,
Parks and Recreation
JW:jd:jmh
REF:JW199.DOC
Attachment
cc: Cheryl Leverett, Administrative Assistant III
Joe Dragon, Assistant Director of Parks and Recreation
V l
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