09-25-90 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 25, 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 located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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Agenda
Meeting of 9/25/90
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 . Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of September 11, 1990 and
Special Meeting minutes of September 5, 1990.
6. Proclamations: None.
7. Presentations:
A. Gee and Jensen Presentation Regarding the Stormwater Utility
and Stormwater Management Program.
8. Consent Agenda:
A. LEGISLATIVE LOBBYIST CONTRACT: Consider a one year contract,
from October 1, 1990 through September 30, 1991, in the amount of
$48,000, plus $10,000 for reimbursable out-of-pocket expenses, for
legislative lobbying services from Kathleen Daley and Associates.
B. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD REVISED OPERATING BUDGET: Ratify SCRWTD Board
amended operating budget for fiscal year 1990-1991 in the amount of
$3,175,549.
C. WATER SERVICE AGREEMENT: Approve a water service agreement for
the Marriott Adult Congregate Living Facility (ACLF) a proposed 130
bed ACLF and 60 bed nursing facility to be located west of Military
Trail, south of Atlantic Avenue, behind the Sun Bank facility.
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Agenda
Meeting of 9/25/90
D. REQUEST FOR FINAL PAYMENT: Approve a request for final payment
from Southern Pipeline in the amount of $1,245.52 for emergency
action taken to repair Forcemain 18 located on Andrews Avenue with
funding from Water and Sewer/Sewer Systems Mains and Lines (Account
No. 441-5161-536-60.66). City Manager recommends approval.
E. SERVICE AUTHORIZATION NO. 3 : Approve Service Authorization No.
3 to the contract with CH2M Hill, in the amount of $65,876, for the
preparation of a Water Supply Master Plan with funding from Water
and Sewer 1990 $8 Million Line of Credit (for fiscal year 1989/90
expenditures) and the Water and Sewer 1990 Revenue Construction
Bond (for fiscal year 1990/91 expenditures) . City Manager
recommends approval.
F. TEMPORARY TENT PERMIT: Approve request from Delray Beach
Sunrise Kiwanis to erect a temporary tent from October 10, 1990
through January 1 , 1991 on the corner of N.E. 5th Avenue and S.E.
10th Street (adjacent to the former Bill Wallace Nissan). City
Manager recommends approval.
G. REQUEST TO HOLD CARNIVAL: Approve request from the American
Legion Post #188 to hold a Carnival from November 19- 25, 1990 at
S.W. 8th Avenue and S.W. 10th Street, south of the Delray Beach
Cemetery. City Manager recommends approval subject to conditions.
H. RESOLUTION NO. 91-90: A Resolution affirming that there are
currently no interjurisdictional incompatibilities with the
Future Land Use Map of adjacent Local Governments. City Manager
recommends approval.
I. AWARD OF BIDS AND CONTRACTS:
1. Water Storage Tank- Miller Park- Elkins Constructors, Inc.
in the amount of $1,835,000 with funding from Water and
Sewer- Miller Park Storage Construction (Account No.
441-5181-536-69.02). City Manager recommends approval.
2. Front-end Loader- Streets Division- John Deere Industrial
Equipment Co./Neff Machinery (State Contract) in the amount of
$56,443 with funding from Public Works Automotive (Account No.
001-3113-541-60.84) and General Fund Captial Reserves (Account
No. 334-3141-541-60.84). City Manager recommends approval.
3. Lot Mowing and Clearing- Code Enforcement- Macs Excavating
(primary) , Coastal Construction Service and Richard Walcott and
Son (secondary) at an annual estimated cost of $60,000 with
funding from Accounts Receivable- Lot Clearing, Mowing, Trees
(Account Nos. 001-0000-115-26.00, 27.00, and 28.00). City
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Agenda
Meeting of 9/25/90
Manager recommends approval.
9. Regular Agenda:
A. AGREEMENT BETWEEN THE CITY AND DEL AIRE COUNTRY CLUB: Consider
an agreement between the City and Del Aire Country Club
transferring the maintenance responsibility for three landscaped
medians on Military Trail, adjacent to the Del Aire Country Club,
to the City. City Manager recommends approval contingent upon
identification of funding.
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~'B' CONDITIONAL USE REQUEST, Consider a conditional use request
for 20 off-site parking spaces, on property zoned RM-15, located on
~ the west side of Salina Avenue approximately 300 feet south of
" Atlantic Avenue in order to accommodate the proposed expansion of
~ the Bermuda Inn. Planning and Zoning Board recommends denial.
C. ORDINANCE NO. 25-90: An Ordinance amending the Code Of
Ordinances by repealing and amending certain Code sections to
provide for the implementation of the Land Development Regulations.
Planning and Zoning Board recommends approval. *(Note: Public
Hearing held 8/28/90).
D. 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).
E. 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. Should Ordinance No. 25-90 be passed, a motion to deny
this Ordinance should be made as this action is encompassed in the
Land Development Regulations).
F. 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. Should Ordinance No. 25-90
be passed, a motion to deny this Ordinance should be made as this
action is encompassed in the Land Development Regulations).
G. ORDINANCE NO. 29-90: An Ordinance amending the Code of
Ordinances by enacting new subsections "Single Purpose Specialty
Retail Salesll and "Specialty Food Stores II . *(Note: Public Hearing
held 8/14/90. Should Ordinance No. 25-90 be passed, a motion to
deny this Ordinance should be made as this action is encompassed in
the Land Development Regulations).
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Agenda
Meeting of 9/25/90
H. 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 part;
in the Old School Square Historic Arts District (OSSHAD) . Planning
and Zoning Board recommends approval. *(Note: Public Hearing held
8/14/90. Should Ordinance No. 25-90 be passed, a motion to deny
this Ordinance should be made as this action is encompassed in the
Land Development Regulations).
I. REQUEST FOR WAIVER OF THE CITY CODE: Consider a request for
waiver of the City Code for the proposed Rieske Subdivision located
on the east side of S.E. 7th Avenue between S.E. 3rd and S.E. 4th
Streets. This waiver request includes waiver of the sidewalk
requirement, waiver of requirement for water main extension and
waiver of additional right-of-way requirement. Planning and Zoning
Board recommends approval.
J. CONDITIONAL USE REQUEST: Consider a request for conditional
use approval to establish a church, Mount Moriah AME, at the
southeast corner of the intersection of S.W. 7th Street and S.W.
4th Avenue. Planning and Zoning Board recommends approval subject
to conditions.
K. CONDITIONAL USE REQUEST: Consider a request for conditional
use approval to establish a church, Church of God of Prophecy, at
the northeast corner of S.W. 4th Street and S.W. 4th Avenue.
Planning and Zoning Board recommends approval subject to
conditions.
L. SETTLEMENT OFFER: Consider terminating negotiations with H.
Kurt Kettlehut and Associates and payment in the amount of
$11,781.81 to settle a contract dispute, contingent upon receipt of
all drawings and other documentation relating to work for which the
City contracted. City Manager recommends approval.
M. SETTLEMENT OFFER: Consider an offer from Hermina Marks in the
amount of $14,000 to settle litigation initiated.against the City
regarding an alleged "slip and fall" accident on the sidewalk along
AlA. City Attorney recommends acceptance.
N. APPOINTMENTS OF MEMBERS TO THE CODE ENFORCEMENT BOARD: Seat 3
appointment of an alternate member to fill the unexpired term of
Jean Beer ending January 13, 1993. Seat 4 appointment of a member
to fill the vacant architect position to a term ending January 14,
1992.
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Agenda
Meeting of 9/25/90
O. WOMEN'S CLUB PARKING LOT PAVING: Consider request from the
Women's Club to resurface the parking lot adjacent to the Club.
P. RESOLUTION NO. 74-90: A Resolution authorizing the taking of
property for the proposed relocation of Fire Station No.1.
Q. DECADE OF EXCELLENCE BOND EXPENDITURE: Consider consistency
with the Comprehensive Plan of using the Decade of Excellence Bond
Issue to fund the proposed Old School Square parking area.
R. APPOINTMENTS TO THE NEIGHBORHOODS TASK FORCE: Consider
appointment of additional members to the Neighborhoods Task Force,
one to represent Area ~H", located south of the Central Business
District, north of S.W. 10th Street, between FEC Railway and
Federal Highway; a member to represent the Haitian community; and
a member to represent Area "L" to replace a member who has failed
to participate.
S. EMERGENCY WAIVER OF BID REQUIREMENTS AND AWARD OF BID: Declare
an emergency and waive bid requirements to permit award of a bid
for lighting improvements at the Miller Park ballfield. City
Manager recommends approval.
10. Public Hearings:
A. 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. City Manager
recommends approval.
B. RESOLUTION NO. 92-90: A Resolution to levy a tax on all
properties within the City of Delray Beach. City Manager
recommends approval.
C. RESOLUTION NO. 93-90: A Resolution making appropriations of
sums of money for all necessary expenditures of the City from
October 1, 1990 to September 30, 1991. City Manager recommends
approval.
D. RESOLUTION NO. 86-90: A Resolution modifying the Community
Redevelopment Plan to provide for the expenditure of Tax
Incremental Financing (TIF) Funds to subsidize the interest on
loans obtained by private parties for the purpose of enhancing or
upgrading the exterior of privately owned properties within the
Community Redevelopment Area. City Manager recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
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Agenda
Meeting of 9/25/90
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. City Manager
recommends approval. If passed public hearing October 9th.
B. ORDINANCE NO. 47-90: An Ordinance annexing various parcels
located east of Military Trail and north of the L-33 Canal with
initial zoning of GC (General Commercial) District, AG
(Agricultural) District, and CF (Community Facilities) District.
If passed public hearing October 23rd. Planning and Zoning Board
recommend approval.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - SEPTEMBER 24, 1990 - 6:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting or hearing, such persons will need a record of
these proceedings, and for this purpose such persons may need to
ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal
is to be based. The City does not provide or prepare such
record.
THE REGULAR MEETING AGENDA IS AMENDED TO ADD:
6: Proclamation - Respiratory Care Week - October 7-13, 1990.
.
C I T Y COM MIS S I, 0 N DOC U MEN TAT ION
TO: ~RYL LEVERETT. ADMINISTRATIVE ASSISTANT III
~J k0~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
FIRST READING OF ORDINANCE ANNEXING PROPERTY ON THE
EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-33 CANAL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an annexation ordinance which
will bring 10.13 acres into the City with a mix of GC and AG
zoning designations.
An annexation action requires four weeks of notice prior to
public hearing and second reading. Thus, second reading
should be before the Commission on October 23, 1990.
BACKGROUND:
Pursuant to policies in the Comprehensive Plan, the City intends
to "call in" all commitments (via water service agreements) for
property located east of Military Trail this year. The property
under consideration at this time completes that process.
The properties being called in include Kentucky Fried Chicken,
Trails End Plaza, and an adjacent strip shopping center to the
north. In addition to the "call in" properties, two other
property owners have taken advantage of this opportunity to be
annexed. Both of these parcels are vacant. Annexation will add
$24,000 in ad valorem revenue to the City in FY 91/92.
Please refer to the Planning and Zoning Board staff report for a
complete description of the use of the property and an analysis
of the annexation and initial zoning action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at a public
hearing on September 17, 1990. There was no public comment other
than from the applicant. Adjustments were made to the depth of
the commercial zoning in order to accommodate existing
development.
.
City Commission Documentation
Meeting of September 25, 1990
First Reading of Ordinance Annexing Property on the
East Side of Military Trial, North of the L-33 Canal
Page 2
The Board then forwarded the request with a unanimous
recommendation of approval.
RECOMMENDED ACTION:
Approval of this enacting ordinance on first reading.
Attachment:
* Cover sheet from the P&Z Staff Report of September 17, 1990
* Appropriate location maps from the Staff Report
DJK/#69/CCANNEX.TXT
NOTICE OF ANNEXATION/ZONING
ORDINANCE NO. 47-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIX ( 6) PARCELS OF
LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED
NORTH OF WEST ATLANTIC AVENUE ON THE EAST SIDE OF MILITARY TRAIL,
LYING NORTH OF THE L-33 CANAL: REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT, IN PART, AND AG (AG RICULTURAL)
DISTRICT, IN PART: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING
A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE.
A MAP FURTHER DESCRIBING THE PROPERTY TO BE ANNEXED/REZONED IS
SHOWN BELOW.
I - - - CIty BOlI'Ki8ry III Subject Properties
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LOCATION MAP
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PLANN'I NG 8 ZONING BOARD STAFF REPORT
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r.: I TY OF DEL RAY BEACH
MEET ING l:lFITE: Seotember 17. 1990
AG~ ITEM: III. D.
ITEM : Annexation of Various Parcels Located East of Military Trail and North of the
T ,-.11 Canal with Initial Zonin~ D~~i~nations of GC (General Commercial). AG
(Agricultural) and CF (Community Facilities).
LOCATION HAP
(Next Page)
GENERAL DATA:
Owner..........................Various, see Table 2 on p. 3
Location.......................East of Military Trail north of
West Atlantic and north of the
L-3J Canal
Property Size..................IO.l3 Acres
County Land Use Plan...........C (Commercial)
Existing City Land Use Plan....General Commercial and
Transitional
Existing County Zoning.........CG (General Commercial) and AR
(Agricuitural Residential)
Proposed City Zoning...........GC (General Commercial) and
AG (Agricultural)
(illustrated on last page of
staff report)
Adjacent Zoning................North: County AR (Agricultural
Residential)
East: County AR (Agricultural
Residential)
South: City GC (General
Commercial
West: County CS (Specialized
Commercial) and CG (General
Commercial)
Existing Land Use..............Various, see Table I p. 3
Water Service .................Existing 12" line on the east
side of Military Trail
Sewer Service .................Existing 12" main connecting to
each of the subject properties
fronting on Military Trail and
a 4" force main along the east
side of Military Trail to the ITEM: III.D.
Extra Closet north of the subject
parcels
~
LOCATION MAP
.
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. --- CIty Boundary liiiiiI Subject Properties
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I ~STAnANnCAVENUE SR - e<>6
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
annexation/initial zoning of six properties. Four of the six
properties involve existing water service agreements, one is the
subject of a voluntary annexation petition, and the last is
subject to the anticipated receipt of a voluntary annexation
petition prior to final reading of the enacting ordinance. This
information is set forth in Table 2 on page 4.
Action on this item involves a recommendation to the City
Commission to either annex and establish initial City zoning on
the subject properties or to reject any, or all, of the proposed
annexations. The properties subject to water service agreement
call-in can be annexed with or without the two properties
proposed for annexation via current voluntary petitions.
BACKGROUND:
The City granted three ( 3) water service agreements in this area
between 1979 and 1988. Each of the three water service
agreements contains the standard voluntary annexation clause.
However, none of the properties covered by the water service
agreements were eligible for annexation until last year with the
West Atlantic Avenue Annexation #1 which incorporated the Delray
Square Shopping Center.
Four of the six properties proposed for annexation are covered by
water service agreements and are being annexed via water service
agreement call-in pursuant to voluntary annexation clauses. The
fifth property is a 1. 35 acre parcel subject to a voluntary
petition. The owner of this fifth property, Mrs. Grace Everett,
also owns three of the four properties subject to the water
service agreement call-ins. The sixth property is a 2.43 acre
vacant parcel owned by Florida Power and Light Company. A letter
soliciting voluntary annexation of this parcel was sent to the
Company and the property is included in anticipation of a
positive response prior to adoption of the enacting ordinance for
these annexations.
The Everett Petition:
The voluntary petition submitted by Mrs. Grace Everett is for the
annexation of Parcel 309.1 subject to initial zoning of ACT
(Agricultural Commercial Transitional). As mentioned above, Mrs.
Everett also owns Parcels 309, 309.2 and 317 which are adjacent
to Parcel 309.1 and are covered by existing water service
agreements. The applicants intent is to eventually develop
Parcels 309 and 309.1 as commercial or storage facilities.
.
P&Z Staff Report
Everett Annexation .
Page 2
The voluntary annexation of Parcel 309.1 was initiated after the
applicant became aware of the City's intent to "call-in" the
existing water service agreements in this area. The applicant
submitted a voluntary petition to ascertain control over the
initial zoning and retain the right to withdraw the application
if an acceptable zoning did not evolve from the City's
consideration and the public hearings.
The proposed Land Development Regulations (LDR's) no longer
include the agricultural transitional districts (ACT and ART) .
Therefore, the AG (Agricultural) District proposed in the LDR's
is appropriate as the purpose and intent paragraph of this
district allows that Agricultural zoning can be utilized as an
initial zoning as a "holding zone" for annexing properties.
The effective date of this annexation will be October 23, 1990.
The effective date of the LDR's is proposed as October 1, 1990 at
the latest. Therefore, the applicant request for ACT zoning has
been translated to the AG (Agricultural) District of the proposed
LDR's.
ANALYSIS:
The proposed annexation area is comprised of 6 parcels (10.13
acres) in four ownerships, which lie north of the L-33 Canal and
east of Military Trail. The existing use(s) of each of the
properties are listed in the Table on page four.
No additional significant population will be added to the City as
there is only one single family residence within the area
proposed for annexation. The area is currently bordered on three
sides (north, east and west) by unincorporated Palm Beach County.
The area to the south is incorporated Oelray Beach.
Annexation of these properties will not cause the creation of an
additional enclave(s).
Effect of Annexation on Site Plan:
The City has approved a site plan for only one of the three
developed sites in this annexation area. The site plan for
Kentucky Fried Chicken was approved concurrent with the water
service agreement for Parcel 317. A previously approved County
site plan included office warehouse development of Parcel 309.1
which is the subject of Mrs. Everett's voluntary petition. The
approved water service agreement does not cover this parcel nor
does the City acknowledge the County's previous actions on that
parcel. The County site plan further showed the existing Trails
End Plaza on Parcel 309.2 as a preexisting development.
P&Z Staff Report
Everett Annexation
Page 3
The shopping center on Parcel 302 was preexisting at the time the
water service agreement for the parcel was approved by the City.
Therefore Parcel 302 and the the Trails End Plaza (Parcel 309.2),
approved under County jurisdiction, have no official status in
the City. If and when additional development is proposed on any
of these parcels, a site plan for the entire parcel will be
required for documentation purposes and site upgrading may also
be required.
Current Uses:
The existing uses and proposed zoning of each property are listed
in the Table on the following page.
Effect on Siqns:
Any signage existing in the proposed annexation area which does
not comply with the City's Code will be required to conform or be
removed on or before July 10, 1991.
Comprehensive Plan:
Annexation of the subject properties is consistent with the
service area delineated in the City's Comprehensive Plan. Policy
B-3.4 of the Land Use Element designates nine annexation areas,
one of which is the area east of Military Trail, north and south
of Atlantic Avenue, therefore annexation of the subject
properties is consistent with the annexation policies of the
City's Comprehensive Plan.
Access:
Military Trail which abuts the territory on the west is paved to
City standards and is maintained by Palm Beach County. West
Atlantic Avenue which lies to the south of the subject area is
paved to City standards and is maintained by the State.
Expansion of Atlantic Avenue to six lanes (pavement width of 72
feet) from Jog Road east to I-95 is proposed by the County in FY
91/92. Military Trail widening to six lanes from Atlantic Avenue
northward has recently been completed. Improvement of Military
Trail south of Atlantic Avenue is not included in the County's
Five-Year Road Plan.
Access to the properties behind the Kentucky Fried Chicken and
Trails End Plaza will be via the existing driveway between the
properties which services the existing single family residence.
This access is not adequate for the development of the property
in the future and though not correctable can be assisted by the
use of an existing 25' driveway, with single loaded parking, on
'.
P&Z Staff Report
Everett Annexation .
Page 4
TABLE 1
EXISTING USES AND PROPOSED ZONING
Proposed
Parcel # Existing Uses Zoning
302 Military Trail Medical Associates, GC
Dr. Steven Rust Podiatrist, Action
Auto Supply, Studio 59 Beauty Salon,
China Garden Restaurant, Miller
Paint of Boca-Ray, David's
Restaurant, Steve & Janes Interiors,
Elya's Fashions, Barber Shop,
Dinette Showroom, Professional Golf
Car Corp.
309 Single Family Residence AG
309.1 Vacant AG
309.2 Trails End Plaza; Dans Fan City, GC
Allure Travel, Klein's Furniture,
Galaxy Beauty Salon, Exotic Birds
316 Vacant AG
317 Kentucky Fried Chicken GC
TABLE 2
OWNERSHIP
Parcel # Owner Annexation Method
302 Pebb Enterprises Water Service Call-In
309 Grace Everett Water Service Call-In
309.1 Grace Everett Voluntary Petition
309.2 Grace Everett Water Service Call*In
316 Florida Power & Light Co. Voluntary Petition
317 Grace Everett Water Service Call-In
*
Receipt of petition anticipated prior to adoption of ordinance
P&Z Staff Report
Everett Annexation
Page 5
the south side of the Kentucky Fried Chicken. This situation is
not ideal in that it uses an existing driveway with parking to
access a separate use/site. Providing acceptable and appropriate
access will be an issue at the time a development proposal is set
out for Parcels 309 and 309.1.
Water/Sewer Service:
Water and sewer facilities are located within the eastern portion
of the right-of-way of Military Trail. These facilities are:
a 12" water main terminating adjacent to parcel 302,
an 8" sewer line terminating adjacent to parcel 302,and
a 4" force main running northward to the Extra Closet.
The Kentucky Fried Chicken (parcel 317), Trails End Plaza
(parcel 309.2) and the shopping center on parcel 302 are
presently connected to water and sewer service. The undeveloped
properties (parcels 309.1 and 316) and the single family
residence (parcel 309) are not presently receiving service.
The water service agreement for Parcel 309 was to provide water
for the commercial frontage, and service has not been extended to
the single family residence.
Public Improvements:
Upon development of the vacant parcels and redevelopment of the
single family parcel, the extension of (connection to) service
will be the responsibility of the developer/owner. Water mains
will need to be looped for fire f low purposes. Also easements
for water and sewer mains will be required over the parcels
abutting Military Trail in favor of property to their east.
Police, Fire and Emerqency Medical Services:
Annexation of the subject area will not have an adverse effect
upon the City's ability to provide police, fire or emergency
medical services ( EMS) . The adequacy of police services is
evaluated in the Enclave Annexation Report for the recently
completed enclave annexations utilizing an officers per # of
residents ratio. As the area proposed for annexation is
commercial (nonresidential) no additional police personnel should
be required to provide service to the area. The boundaries of
existing patrol zones in the area may require adjustment as a
result of the annexations.
The effectiveness of fire and EMS is measured by response time.
The responding station for calls in the area proposed for
annexation will be Station 4, at Barwick and Lake Ida Road.
Response time from this Station is satisfactory, so annexation of
P&Z Staff Report
Everett Annexation
Page 6
the area will not cause a detrimental effect on emergency
services. If additional units are required, they will likely be
dispatched from Station #1 at the municipal complex. The City's
Comprehensive Plan calls for an additional fire station to be
constructed at Military Trail and Linton Boulevard. Upon
construction, that station will also respond to this area.
Revenue Implications:
The 1989 assessed value of the six (6) properties wi thin this
annexation area is $3,812, 30S. Estimated ad valorem revenues
at the current 6.2 millage rate are $23,636.29 per year.
Revenues from ad valorem taxes on these properties will be
available for budgeting purposes in the FY 91/92 budget cycle.
Other miscellaneous revenues such as cigarette, gas and sales
taxes are apportioned based upon population, therefore annexation
of this area with a minimal population will have no additional
revenue implications to the City.
Zoninq and Land Use Plan Compatibility:
The proposed City zoning of GC (General Commercial) for Parcels
302, 309.2 and 317 is compatible with the existing County CG
(General Commercial) zoning of these parcels and the City's Land
Use Plan designation of GC (General Commercial).
The proposed City zoning of AG (Agricultural) for Parcels 309,
and 316 is consistent with the existing County AR (Agricultural
Residential) zoning of these parcels. The proposed City zoning
of AG (Agricultural) for parcel 309.1 is inconsistent with the
existing County CG (General Commercial zoning of the parcel, but
is consistent with the owners voluntary petition and present
plans for the property. At present, the Comprehensive Plan does
not accommodate the use of the AG District as a "holding zone"
for newly annexed property; however, such a usage is accommodated
in the AG District as set forth in the Land Development
Regulations.
The proposed City zonings of GC and AG are compatible with the
adjacent County zonings of CS (Specialized Commercial), CG
(General Commercial) and AR (Agricultural Residential). The
proposed AG zoning is not inconsistent with the existing County
or proposed City commercial zoning to the west given the use of
this zoning as a "holding" zone and the owners future development
plans (commercial or storage).
.
P&Z Staff Report
Everett Annexation
Page 7
Standards for Evaluating Rezoninqs:
Section 173.888 sets forth seventeen standards for evaluating
rezoning requests for which the Planning and zoning Board and the
City Commission shall make wr i t ten findings indicating that the
proposed change has been studied and considered in relation to
said standards.
The Planning and Zoning Department has reviewed the proposed
zoning against the seventeen standards of Sec. 173.888 and no
conflicts exist between the standards and the proposed zonings
for the properties, except for the land use plan inconsistency
noted above. This determination is based upon the similarity of
the existing County zonings and the proposed City zonings.
ASSESSMENT:
The annexation and initial zoning of these properties via the
"calling in" of existing water service agreements is straight
forward. The proposed City zonings are equivalent to the
existing County zonings. No potential land use conflicts are
created. Compliance with the City's site and development plan
review process and standards is required for any future expansion
or new construction on the properties.
RECOMMENDED FINDINGS:
1- That the annexation of the subject properties will not
create an additional enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
3. That the proposed zonings of GC (General Commercial),
and AG (Agricultural), are consistent with adjacent
zonings and comply (do not conflict) with any of the
seventeen standards for evaluating rezoning requests as
found in Section 173.888.
4. The proposed zonings are generally consistent (do not
conflict) with the existing County zonings of CG
(General Commercial), CS (Specialized Commercial) and
AR (Agricultural Residential) and the existing uses of
the properties.
5. The proposed zonings are consistent (do not conflict)
with the City's land use plan designation of
Commercial and Transitional for the properties.
P&Z Staff Report
Everett Annexation .
Page 8
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Recommend approval of the annexation of the subject
properties with initial zonings of GC (General
Commercial) and AG (Agricultural) subject to receipt of
a signed voluntary annexation petition from Florida
Power & Light Company prior to second reading of the
adoption ordinance (if not received Parcel 316 will be
removed from the annexation/zoning action).
3. Recommend denial of the annexation of the subject
properties with the reasons for denial stated.
RECOMMENDATION:
By motion, recommend that the City Commission approve the
annexation of the subject properties with initial City zonings of
GC (General Commercial) and AG (Agricultural) Residential subject
to receipt of a signed voluntary annexation petition from Florida
Power & Light Company prior to second reading of the adoption
ordinance (if not received Parcel 316 is to be removed from the
annexation/zoning action).
-
. E)(;sl1?;t ZONING
o :: Zoning
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.
I ·
f'V'/1 CITY LAND USE PLAN DESIGNATI.ONS
j c~ ·
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. WI . . . . . . . . . . . . . . . . . . . . . .. . . . . .. "" JIIIII.". III JIIIII. III............... R. III.IIP.. ""..5
county :
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PROPOSED ZONING I
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.
THE CITY OF DELRAY BE~CH, FLORIDA
EVENTS SCHEDULE FOR 1990 STORMWATER BILLS
EVENT CRITICAL
JTEt't NO. D~TE EVENT DESCRIPTION
I 1. Sept. 7,1990 Request quotes for stormwater
Bill form preparation from three
. (3) Firms..
2. Sept. 10, 1990 Finance committee to review 90-91
stormwater Fund Budget.
3. Sept. 14, 1990 Receive quotes for Stormwater
aill form preparation.
.
4. Sept. 17,1990 Cue-off time for preparation of
rate resolution for 1990 Stormwa-
ter Bills. To be prepared by
Ci ty Attorney.
5. Sept. 25, 1990 Workshop #1 on 1990 Storrnwater
Bills.
6. Oct. 1, 1990 Advertisement must appear in
newspaper seven (7) days before
Public Hearing on rate resolu-
tion.
7. oct. 9, 1990 First reading of 1990 Stormwater
Rate Resolution at Commission
Meeting_
8. Oct. 23, 1990 Second reading of 1990'Stormwater
Rate Resolution at Commission
Meet.ing.
... Nov. 2, 1990 Tenth (lOth) day after 2nd
9.
reading of stormwater Rate
. . Resolution which occurred on
.... 10/23/90 ' (effective da te) .
10. Nov. 2, 1990 MIS creates 1990 billing tape.
11. Nov. 9, 1990 1990 St.ormwater Bills to be
mailed to customers.
. 1~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM # ~.~ - MEETING OF SEPTEMBER 25, 1990
LEGISLATIVE LOBBYIST CONTRACT
DATE: September 21, 1990
This is a renewal of the contract between the City and Kathleen Daley
and Associates for legislative lobbying services. An amicable
settlement provision has been added to this contract and a provisions
limiting out-of-pocket expenses at $10,000. Out-of-pocket
expenditures exceeding the $10,000 would require Commission approval.
All other terms of the contract remain the same as previously approved
contracts for this service.
Recommend approval of renewal of Legislative Consultant Services
Contract with Kathleen Daley and Associates in the amount of $48,000
with funding from Legislative Lobbying (Account No.
001-1211-512-33.19).
.
[IT' DF DElHA' BEA[H
CITY ""-TORNEY'S OFFICE 310 S.L 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483
HI 407/143-7090 TELECOPIER 407/1784755
MEMORANDUM
Date: September 21, 1990
To: City Commission A\~
From: Jeffrey S. Kurtz, City Attorney ~
Subject: Contract with Kathleen Daley & Associates For
Lobbyist Services
The proposed contract between the City and Ms. Daley calls for
her to receive $48,000 for services rendered payable at the
rate of $4,000 per month. In addition, the contract contem-
plates reimbursement for up to $10,000 in expenses, which
expenses must be verified by receipts.
The contract includes termination provisions for cause and
without cause that were approved by previous Commissions. The
"for cause" termination provision provides that Ms. Daley will
be paid on a pro rata basis for the time spent up to termina-
tion and will be reimbursed for all expenses incurred up to the
time of termination. In the event of a "not for cause"
termination, Ms. Daley is entitled to the full contractual
amount (i.e. $48,000) regardless of the time that she has spent
working for the City.
Ms. Daley believes it would be inequitable to modify the "not
for" change termination language. The reason for this position
is she foregoes other contracts due to potential conflicts in
positions advocated to other entities on our behalf and also is
unable to represent other persons or entities before the City.
Moreover, Ms. Daley acknowledges that her function is task
oriented and would be concerned about completing all of her
tasks and getting the City everything that they desired and
then being terminated to save money. I believe in light of Ms.
Daley's stated position and her long-standing service to the
City, the existing "not for cause" termination provision is not
unreasonable.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
cc: David Harden, City Manager
.
AGREEMENT FOR LOBBYING SERVICES
As Governmental Affairs Consultant/Lobbyist for the
City of Delray Beach, I, Kathleen Daley, an equal partner of
Kathleen Daley & Associates, a public relations/political
consulting/governmental affairs firm, will continue to repre-
sent the interests of the city before the Governor and Cabinet,
State agencies and the Florida Legislature, which representa-
tion would include attendance at all ne.Qessary House and Senate
committee meetings during each calendar year, necessary delega-
tion meetings, as well as the regular session and any relevant
special sessions of the Florida Legislature, and continue to
monitor all legislation affecting municipalities on behalf of
the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the
- - .--
City of Delray Beach, and managing partner of the account for
Kathleen Daley & Associates, I will personally attend to and
supervi~ all matters pertaining to the account, working in
conjunction with the Delray Beach City Council, the Delray
Beach City Manager, and such other staff persons within the
city Administration as they are related to my duties on behalf
of the City.
I will make myself available to the above-mentioned
persons and offices on both regular and "as needed" bases for
meetings and discussions related to my duties on behalf of the
City.
I will not appear before the Delray Beach City
Council on behalf of any other clients of Kathleen Daley &
Associates, thus eliminating any possibility of conflict of
interests with respect to my duties as Governmental Affairs
Consultant/Lobbyist for the City of Delray Beach.
It is submitted that my services would be initially
contracted for a period of one (1) year from October 1, 1990 to
Sept~er. 30 , 1991, to be reviewed for renewal by the Commission
at the end of said period.
... . . ~~ 4' ... .. -
Kathleen Daley & Associates is willing to undertake
the foregoing representation on the following basis:
1. Kathleen Daley & Associates will be paid a
retainer in the total amount of $48,000.00 for the contracted
period due in 12 equally monthly installments payable by the
30th of each month beginning in October of 1990.
2. In addition, Kathleen Daley & Associates will be
reimbursed for all vouchered out-of-pocket expenses, up to a
maximum amount of $10,000 incurred by me when such expenses are
in conjunction with City business. Such expenses include, but
may not be limited to: lodging, ._ transportation, meals, long
distance telephone , photocopying, postage, etc.
It should be noted that some such expenses may be
pro-rated on an "as used" basis and partially absorbed by other
clients of McCartney Plante Daley Associates who may require
services concurrently with the City of Delray Beach and incur
some expenses, such as lodging and transportation concurrently
with the City.
3 . Reimbursement for expenses in excess of $10,000
will on~e had after being reviewed and expressly approved by
the City Commission. Expenses for recommended promotional
items and events relating to my duties on behalf of the City,
such as printed collateral materials and specific entertainment
and/or educational events, will be subject to approval by the
City Manager and payable by the City as additional expenses.
4 . Any additional "special project" work which may
be requested at any time by the City Councilor the Office of
the City Manager, and which falls outside of my realm of duty
as Governmental Affairs Consultant/Lobbyist for the City, will
be contracted for separately and on special project bases.
5. Either the City of Delray Beach or McCartney
Plante Daley Associates may terminate this agreement at any
time, pursuant to the following:
(i) If terminated by the City of Delray Beach at any
time during the contracted period, for other than good cause,
Ka thleen Daley & Associates will retain the total amount of
$48,000.00, plus Kathleen Daley & Associates will be reimbursed
..... ..... .-' - - - :; --,~ .. ~ ....-, 2 .. - .
4 .
by the City for any vouchered out-of-pocket expenses incurred
up to the date of termination subject to the provisions of
Paragraph 2 of this Agreement.
(ii) If terminated by the City of Delray Beach at any
time during the contracted period, for good cause, McCartney
Plante Daley Associates will retain a pro-rated to-date portion
of the total amount of $48,000.00, plus an amount equalling the
total of any out-of-pocket expenses incurred up to the date of
termination subject to the provisions of Paragraph 2 of this
Agreement. Good cause shall include but not be limited to the
arrest of any of the principals of Kathleen Daley & Associates
and/or conduct by any of the principals of Kathleen Daley &
Associates which may subject the City of Delray Beach or
Kathleen Daley & Associates to negative publicity or which
would hamper the effectiveness of Kathleen Daley & Associates
in fulfilling their obligations under this agreement.
(iii) If terminated by Kathleen Daley & Associates at
-
any time during the contracted period, Kathleen Daley &
Associates will retain a pro-rated to-date portion of the total
amount ~$48,OOO.OO, plus an amount equalling the total of any
out-o~-pocket expenses incurred up to the date of termination
subject to the provisions of Paragraph 2 of this Agreement.
WITNESSES:
KATHLEEN DALEY & ASSOCIATES
By:
KATHLEEN E. DALEY
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Mayor
City Clerk
Approved as to Form:
City Attorney
.., .. . ~. . - -', .. .. - ~. - ... . :1 . - . _. . ....." '.y
.
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an officer
duly authorized in the state and county named above to take
acknowledgments, personally appeared
, known to me to be the person described in
and who executed the foregoing instrument as a partner of
, a partnership.
--
He/She acknowledged before me that he/she executed the same as
the act and deed of said partnership for the uses and purposes
therein mentioned.
SWORN TO AND SUBSCRIBED before me this day of
, 1990.
--.......... Notary Public
--
My Commission Expires:
. . .. .' - .. ~..... . ~ . .. '" '. 4.... . ~. ... ... .'
. '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER I
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25 1990
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATEMENT
AND DISPOSAL BOARD OPERATING BUDGET
DATE: September 25, 1990
The SCRWTD Board at its August 7rd meeting approved their operating
budget for fiscal year 1990-1991 in the amount of $3,205,550.
Subsequently, at your August 14th meeting, the Commission requested
that modifications be made to that budget. This action is for
ratification of that amended operating budget.
The SCRWTD Board at its September 13th meeting approved the amended
operating budget for fiscal year 1990-91 in the amount of $3,175,549.
This amount represents an decrease of $73,931 from last years budget.
The most significant changes over last years budget is a increase in
the Personal Services budget of $29,749 and a $103,680 decrease in the
Operating Budget. A detailed budget document is attached as backup
material for this item.
Recommend ratification of SCRWTD Board amended operating budget for
fiscal year 1990-1991.
/ 1 /
'. ~.._"- ,.,."-. , ',01
:... !
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\..-.-: '-..... ~..
Ic(; ... i /.-",( {( ,,(-~ ), l i
I ,I - .~
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF SEPTEMBER 13, 1990
WHEREAS, the South Central Regional Wastewater Treatment
and Disposal Board did on September 13, 1990, by a vote of 6-2,
approve the amended Operating Budget for the Fiscal Year 1990 -
1991 in the amount of $3,175,549.00, attached hereto as
Exhibit "A", pursuant to the Inter1oca1 Agreement between the
City of Boynton Beach and the City of Delray Beach; and,
~vHEREAS , said approval authorizes a new Table of
Organization; and
WHEREAS, Said Board action requires ratification by the
City of Boynton Beach and the City of De1ray Beach;
NOW, THEREFORE, the City of Boynton Beach, Florida, and the
City of De1ray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1990,
by a vote.
Witnesses: CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
!
City Hanager
City Attorney
i
.' .
The above action is hereby ratified in open session by the
City of Delray Beach this day of , 1990, by
a vote.
Witnesses: CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
Ci ty l<lanager
City Attorney
i.
"------ "._-_._--~----~_._-_.---
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
BUDGET 1990-91
1988-89 1989-90 1990-91
DESCRIPTION BUDGET BUDGET BUDGET
SUMMARY TOTALS
PERSONAL SERVICES 1,039,450 1,164,800. 1,194,549
OPERATING EXPENSES: 1,411,100 2,084,680 1,981,000
SERVICE CONTRACTS
MAINTENANCE ACCOUNTS
. COMMODITIES, SUPPLIES,
AND CHEMICALS
2,450,550 3,249,480 3,175,549
,
SOUTH CENTRAL REGIONAL WASTE\qATER TREATMENT & DISPOSAL BOARD
ACCT. 1988-89 1989-90 1990-91
NO. DESCRIPTION BUDGET BUDGET BUDGET
120 REGULAR WAGES 800,000 868,000 846,549
130 MERIT INCREASES 0 0 50,000
140 OVERTIME 25,000 25,000 25,000
150 CHRISTMAS BONUSES 1,550 1,550 0
151 SICK LEAVE BONUS 5,000 5,000 5,000
.152 PAYROLL CONTINGENCY 2,000 2,000 2,500
210 SOCIAL SECURITY 60,800 70,800 74,000
CONTRIBUTIONS
221 PENSION (SUN BANK) 65,000 65,000 75,000
222 I.C.M.A. RETIREMENT 0 5,200 0
230 BC/BS HEALTH INSURANCE 30,000 55,000 65,000
231 DENTAL INSURANCE 5,000 6,000 5,500
232 DISABILITY INSURANCE 9,000 10,000 8,500
233 LIFE INSURANCE 3,500 2,500 2,500
240 WORKER'S COMPENSATION 18,000 23,000 24,750
236 ORGAN TRANSPLANT INS 0 1,000 0
250 UNEMPLOYMENT 14,000 24,000 9,250
270 EMPLOYEE ASSIST. PROG. 600 750 1,000
TOTAL PERSONAL
SERVICES: 1 , 03 9 ,i 4 5 0 1,164,800 1,194,549
** REMOVED FROM THE BUDGET :
I.C.M.A. RETIREMENT
ORGAN TRANSPLANT INS
CHRISTMAS BONUSES
I
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
ACCT. 1988-89 1989-90 1990-91
NO. DESCRIPTION BUDGET BUDGET BUDGET
310 MEDICAL SERVICES 1,000 2,000 2,000
320 ACCOUNTING/AUDITING 15,000 16,000 16,000
321 LEGAL (ADMINISTRATION) 12,000 18,000 18,000
322 TOXICITY LEGAL FEES 20,000 20,000
338 PRETREATMENT PROGRAM 15,000 20,000 20,000
339 TOXICITY TESTING 20,000 25,000 25,000
340 SLUDGE HAULING 450,000 550,000 500,000
341 SLUDGE, LIQUID, 3,000 3,500 2,000
CHEMICAL ANALYSIS
SERVICE CONTRACTS
342 IBM COMPUTER 3,000 4,000 3,000
343 MINOLTA COPIER 2,000 2,500 3,500
344 FLORIDA SERVICE - 6,300 6,300 7,500
METER CALIBRATION
345 GRIT HAULING 15,000 16,000 20,000
346 SERVICE CONTINGENCY 2,400 3,500 3,500
390 CONTRACT WORK 20,000 25,000 25,000
NOT SPECIFIED
400 TECHNICAL SESSIONS AND 6,600 7,000 8,500
TRAINING
401 AUTOMOTIVE EXPENSES 9,500 8,500 7,500
410 TELEPHONE EXPENSE 7,500 9,000 B,OOO
440 EQUIPMENT RENTAL 2,000 2,000 2,000
450 INSURANCE EXPENSE 55,000 40,000 70,000
I
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
ACCT. 1988-89 1989-90 1990-91
NO. DESCRIPTION BUDGET BUDGET BUDGET
MAINTENANCE ACCOUNTS
460 BUILDINGS 5,000 5,000 8,500
461 EQUIPMENT 25,000 25,000 35,000
462 TRUCKS, LAWNMOWER, 7,500 5,000 5,000
. TRACTOR, ETC.
463 GROUNDS UPKEEP/MAINT. 5,000 5,000 5,000
464 REPAIR CONTINGENCY 25,000 25,000 25,000
(DEFICIENCIES)
490 ADVERTISING 4,000 1,500 2,000
491 LICENSES, PERMITS 2,500 2,500 3,000
COMMODITIES, SUPPLIES & CHEMICALS
510 OFFICE SUPPLIES/ 6,500 7,500 8,500
CONSUMABLES
515 SAFETY SUPPLIES * NE\v LINE ITEM 15,000 15,000
520 UNIFORM EXPENSES 5,000 5,000 5,000
521 BOARD. CONTINGENCY 1,000 1,200 . 1,500
522 * CHEMICALS 186,500 221,500 242,500
* CHEMICAL RECAP:
522.1 POLYMER 55,000 50,000 46,000
522.2 LUtE 55,000 50,000 60,000
522.3 CHLORINE 60,000 109,500 115,000
INCLUDES PRETREATMENT
522.5 CHEMICAL CONTINGENCY 16,500 12,000 21,500
523 GENERAL OPe SUPPLIES 15,000 12,000 12,000
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
ACCT. 1988-89 1989-90 1990-91
NO. DESCRIPTION BUDGET BUDGET BUDGET
524 JANITORIAL SUPPLIES 6,000 5,000 5,000
525 LABORATORY SUPPLIES 10,000 15,000 20,000
526 OIL, LUBRICANTS, 5,000 2,500 4,000
GREASE, GAS (OPERATIONS)
527 CONSTRUCTION ~~TERIALS 2,000 2,000 1,000
.
528 SMALL TOOLS, EQUIPMENT 2,500 5,000 5,000
529 OFFICE EQUIP.(<$500) 2,500 2,500 2,000
530 LABORATORY EQUIP (<$500) NEW LINE # 2,500
531 ELECTRICITY 435,000 553,680 475,000
532 WATER CONSUMPTION 7,500 6,500 8,500
533 GARBAGE COLLECTION 1,500 1,000 1,000
540 MEMBERSHIP, DUES, 1,800 2,000 2,500
SUBSCRIPTIONS
541 EDUCATIONAL EXPENSES 4,000 5,000 5,000
SUB TOTAL 1,411,100 1,709,680 1,661,000
600 ENGINEERING CONTINGENCY 100,000 100,000
601 BIOTOXICITY ENGINEERING 250,000 200,000
602 PRETREATMENT PROGRAM 25,000 20;000
ENGINEERING
TOTAL 1,411,100 2,084,680 1,981,000
t
PERSONAL SERVICES
ACCT. #
120 REGULAR WAGES Includes regular pay,
license reclassifications,
sick pay, vacation pay,
holiday pay,(32 positions).
130 MERIT INCREASES Annual employee reviews.
140 OVERTIME PAY Seven ( 7 ) employees provide
24 hr. coverage for holidays.
Hours worked on a holiday
are paid at time and a half.
Provides shift coverage during
illnesses, vacations, and
unplanned absenteeism as required.
151 SICK PAY CASHOUTS Employees are allowed to
cash out at 50% payment
all sick days in excess of
fifteen (15) accrued in
sick day bank after second
annniversary.
152 PAYROLL CONTINGENCY Employee incentives,such
as annual appreciation
dinner and luncheons
(i.e. , Senior Volunteer,
retirement, recognition,
awards, etc. )
210 SOCIAL SECURITY Calculated at 7.65% (employer's
cost on wages up to $51,000
per employee annually).
221 PENSION Board contributes on 40 .
hours base pay for
participants (employees
are required to contribute).
Administration fees
(Sun Bank) per quarter.
230 BLUE CROSS/BLUE SHIELD Calculated Board cost per
HEALTH INSURANCE I employee is $175 monthly
(32 employees).* Dependent
coverage not provided by Board.
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'. 231 DENTAL INSURANCE Monthly cost:
Family premium $52.00.
Single premium $19.90.
Administration Fee $20.00.
(Board participates 50%. )
232 DISABILITY INSURANCE Long Term Disability Insur-
ance (Equitable Life)
provided by the Board at
approximately 1% of 40
hour base pay per employee.
Cost $0.95/$100 compensation.
233 LIFE INSURANCE Board provides $10,000
life insurance (current
monthly cost $5.10 per
employee.
240 WORKERS COMPENSATION Calculated on 40 hour base pay
per employee annually.
Cost:
$3.75/$100 plant workers.
$0.59/$100 administrative
staff.
250 UNEMPLOYMEN'l' Calculated on employee wages
at 1% rate
Per Florida State
Unemployment all wages now
applicable to
unemployment taxes.
270 EMPLOYEE ASSISTANCE Board cost:
PROGRAM $1.75 per employee per
month.
Provides family counseling
and referral service to
employees and their families.
Two In-House, Seminars @$200 each
310 HEDICAL SERVICES New employee physicals,
drug screens/injections,
job related accident office
! visits.
320 ACCOUNTING AND l\UDn~ING Audit estimate provided by
Accounting Firm (presas and Haas)
$13,650. Accounting services
as required.
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321 ADMINIS'l'RNl'IVE LEGAL Robert w. Federspiel
Hourly rate $100.00. 1\lso
Pension Attorney allowance
322 TOXICITY LEGAL FEES Continuing Operational Permit
Legislation - Messer,Vickers,
Caparello, French & Madsen
338 PRETREATMENT PROGRAM Implementation and monitoring
of program expenses as well as
required quarterly
influent, effluent and
sludge priority pollutant
scans.
339 TOXICITY TESTING New EPA/DER Discharge Permit
required testing per
Engineering estimate.
340 SLUDGE HAULING Calculated @ 19,162,500
gallons. 6% solids @ cost
$28.50/1,000 gallons
*Estirnated 7.5 truckloads
per day.
341 SLUDGE, LIQUID, Cnm.lICAL ( 1 ) fecal - monthly, 4 heavy
ANALYSIS TESTING metals - yearly. Also 2 grease
samples.
I
.... ". , SERVICE CONTRACTS
342 IBM COMPUTERS (4) Service Contracts @
$800 for computers and
monitors. $125 allowance
for parts or service not
included in contract.
343 MINOLTA COPIER Maintenance contract plus
estimated parts and service
not included in contract.
. (1 - 7,500 copies per month)
344 FLORIDA SERVICE Calibration of transmitters,
METER CALIBRATION totalizers and recorders as
required. Additional RAS/WAS
quarter ly .
345 GRIT HAULING Dased on 15 mgd
projected flow (365 days
per year) 1,170,000 Ibs. grit
@ $.023250jlb.
34GSERVICE CONTINGENCY Lab Water Still, MSDS Service,
Safety Lab Scale Balance.
Laboratory Quality Control,
Postage meter and scale, Fax Machi~
Fire extinguishers, Timeclock,
Dictaphone, IBM typewriters,
Daisywheel Printer, Action-
writer and any other service
as required.
390 CONTRACT WORK NOT Pollution Insurance Survey,
SPECIFIED Computerization Implementation,
Plant appraisal
McGinley Assoc-Annual Air Scrubberr
* Deleted Ocean Outfall inspection
this year.
400 TECHNICAL SESSIONS AND Operators Short Schools,
TRAINING Regional Schools, Lab Technical
and Quality Assurance Short
Schools, Personnel Seminars,
Computer Classes, WPCF Con-
vention, Technical Schools.
Annual Conference.
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401 AUTOMOBILE LEASE (1) Lease vehicle 12 months
MILEAGE EXPENSE @ $250. Mileage allowancc @
$.25/milc. Fuel for 2 pickup
trucks(l) dump truck and (1)
leased automobile as well as
busincss mileage reimburscment.
410 TELEPHONE EXPENSE Monthly base fees and
calculated long distance
usage based on new
equipment instullation
(Merlin System). Added
Fax machine monthly expense
$75.
440 RENTAL EQUIPMENT Cranes, various equipment
and instruments as required
in maintenance and operations.
450 INSURANCE EXPENSE Fidelity Bond, Public Offi-
cials Bond, SMP Liability
Property Package and vehicle
insurance, Errors & Ornrnissions
Policy. Full coverage - 24 mgd
plant facility. Added Pollution
Liability Insurance $20,000.
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IN-HOUSE MAINTENANCE ACCOUNTS
460 BUILDINGS painting, repair or replace-
ment of doors, screens,
locks, windows, ~ei1ing
tiles; e1ectr i ca 1, plumbing,
carpeting - front offices.
461 EQUIPMENT Annual repair items for com-
pressors, blowers, clari.-
fiers, aerutors, chlori-
nators, pumps, motor 5, gear
drives. Normal wear-pumps
and plant equipment.
462 1\U'l'OMO'fIVE 'l'rucks , service curts, trac-
tors and lawn equipment.
463 GROUNDS MAINTENANCE Landscaping, sprinkler sys-
terns, retention ponds, piping,
beautification, projects ,
fertilizer and soil.
464 IDENTIFIED DEFICIENCES Funds for emergency or
CONTINGENCY unidentified equipment
deficiencies that require
upgrade or improvement
in operation.
490 ADVER'l'ISING Job opepings advertisement.
Legal ad allowance related
to plant operation or
bids or public notices.
491 LICENSES AND PERMITS Radio FCC license, P.B.
County Health Department
License. FEC Railroad
crossing permit, operational
permit fees, Lab permits.
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," .' COMMODITIES - SUPPLIES - CHEMICALS
510 . OPPICE SUPPLIES/ Annual projection:
CONSUMABLES postage, copier paper,
stationary, business
cards, all check printing,
all general office
supplies and necessities.
515 SAPETY SUPPLIES Gloves,protective glasses, face
shields,aprons,hearing
protection,overboots,ear
plugs, muff, emergency eye
wash station, emergency
showers, cartridge respira-
tors, gas cartridge, sterile
storage bags for respirators,
disinfection system for
respirators, fit test
ampules, respirator storage
cabinets, disposable respi-
rators, chemical spill abso-
rbents, oil sorbent, liquid
chemical neutralizers , bar-
ricade tape, hazardous
materials response kit,
salvage drum, diffusion
detector tubes, signs,
labels, tags, first aid
supplies, fire extinguishers
and accessories, hazardous
area lights, emergency small
tools, safety charts, books,
safety incentives, safety
conti.ngency.
520 UNIFORMS Board participates 50%;
in uniform rental. Cost
$7.00 per week per
employee. Employees
who opt to purchase 7
pants and 7 shirts are
provided at a one time
cost of approximately $200
per employee. (Will provide
3 new sets this year.)
521 BOARD CONTINGENCY Board plaques,public Relations
good will tours, floral arrange-
ments or fruit baskets, cards,
for illnesses or funerals etc.
~
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522 CHEMICALS
.1 POLYt-tER Estimated annual
27,216 lbs. @ 1.70/lb.
concentrated polymer.
.2 LIME Calculated 600 tons @
$90.00 per ton
.3 CHLORINE Pre Chlorination 330 tons
Post Chlorination 175 tons
505 tons @ $229/ton.
.5 CHEMICAL CONTINGENCY ( 1 ) Sulfuric Acid/Dleach
52 drums @ $125/drum
( 2 ) H'fU 4 drums @ $lOO/drum.
(3) Sodium Hydroxide
117 drums @ ll5/clrum
( 4 ) Cleaning Agents
3 drums @ $1500
523 GENERAL OPERATING Operating supplies, rain-
SUPPLIJ~S gear, hardhats, H2S pads
boots,drager tubes, gloves,
hoses, firehoses, extin-
guishers, chart pens,charts
(small supplies for day-
to-day operation). Sludge
judges, flags,medical
supplies, coffee supplies,
water cooler supplies,
batteries, hurricane supplies.
524 JANITORIAL SUPPLIES Mops, brooms, paper goods,
brushes, all necessary
janitorial cleaning supplies.
525 LABORATORY SUPPLIES Laboratory is being up-
graded.Reagents, glassware,
replacement of equipment,
apparatus. Lab supplies
consumed by testing procedures
including Chlorine Testing
previously ft522.5.
526 OIL, Gl~EASE, DIESEl., Diesel fuel for Kubota anll
AND LUBHICANTS generator, gas, grease, oil
and lubricants for pumps and
mowers.
I
. : ,.... 527 CONS'l'RUCTION M1\'l'EHIl\L Walkways, signs, fencing,
rails, platforms, small
shelters, concrete etc.
520 PURCHASE OF SMALL '1'001..5 Hancltools, clrills, bits,
AND EQUIPMENT files, small toolboxes,
electrical equipment, and
small maintenance tools and
lab equipment <$500 value>.
This line item has increased
as State increased the
Capital l\ssct value to $500
or more.
529 OFFICE EQUIPr-mN'1' Filing cabinets, chairs,
calculators, adding
machines, office mats,
shelves, printers, tables
<$500 value>.
531 ELEC'l'RICI'1'Y Projected 19, 90G K\vIl claily
Total 7,265,900 KWH
(10) l\erators yearly @$.0625/KNH
cost.
532 WATER CONSUMPTION Budgeted for 1,000,000 gallons
monthly @ $.65/1000 gals.
Basic water meter fee.
( $ 7 5 per mon th ) .
533 GARBAGE COLLECTION Twelve months @ $52.00 plus
additional dump fees for
trash hauling (4 trips @ GO).
540 HEMBERSlUPS AND DUgS P~~PCOl\ dues and subscrip-
tions. WPCF Journals, news-
papers, Personnel and
Human Resources Subscriptions
and Dues. Operational Subscrip-
tions anc1 DUes.
541 EDUCATIONAL EXPENSES College classes, books,
fees.
,
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CAPITAL ASSETS ( 1990-91)
-
ADMINISTRATIVE
One Exec-Talk Plus DictllphoneSystem 600.00
Storage Shelving Units (3) 2/.0.00
One IBH System 30 Computer and Monitor 3,000.00
One IBM Pro-Printer 750.00
Hurricane Shutters 6,000.00
OPERATIONS
PH Meter for Chlorinated Effluent 1,000.00
Needed for accuracy.
PH Meter for Blender Sludge 1,000.00
One 26GPH Polymer Pump and two Repair Kits 1,960.00
::-lOVUS "90" Software Package/Installation 14,200.00
Industrial'Waste Management System
Maintenance Management System
Process Management
MAINTENANCE
Greenlee Hydro Stainless Steel Punch 1,000.00
Infrared TIlermometer 800.00
Strong Box Puller Set 1,000.00
Waste Line FlowMeter and Totalizer l~,500.00
Revol ving Shelf Bins 800.00
4" Portable Gas-Powered Pump 3,100.00
30 Gallon Parts Washer 800.00
One Sand Blaster 700.00
One Golf Cart I 4,400.00
!
SAFETY
Gas Monitor 2,000.00
., .
Confined Space lte trieval Sys tere.. ......... 5,000.00
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Capital Assets continued: Budget 1990/91
LABORATORY
Gravity Convection Oven 2,000.00
Electric Water Stills 11,000.00
Biological Incubators 3,000.00
Laboratory Software 3,000.00
Colony Counter 1,040.00
Digestion/Distillation Unit 3,775.00
Automatic Titration System 5,000.00
Laminar Flow Cabinet 6,520.00
Dissolved Oxygen Meter Digital Display 1,150.00
Direct Drive Pump 500.00
TOTAL CAPITAL ASSETS ~89,835.00
>.
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CAPITAL ASSETS(1990-9l}
ADMINISTRATION
DESCRIPTION SUPPORT
Exec-Talk Plus To be used in the recording of
Dictaphone System ( 1 ) Board Meetings.
Storage Shelving Used to increase the storage
Units ( 3 ) capacity and accessibilty of
records and supplies.
IBM System 30 To bring on line Operational,
Computer & Monitor ( 1 ) Maintenance and Lab.
IBM Pro-Printer ( 1 ) To bring on line Operational,
Maintenance and Lab.
Hurricane Shutters For the protection of
computers,records & equipment
Administrative Building.
OPERATIONS
PH Meter Needed for accuracy for
Chlorinated Effluent and
required by DER & EPA.
PH l-Ieter Needed for Blender Sludge
and required by DER & EPA.
Polymer Pump 26GPH (l) Needed as an additional unit for
and Repair Kits ( 2 ) process of waste activated sludge
as a chemical feed system.
NOVUS "90" Software Program needed to get Operations,
Package/Installation Maintenance and Lab computerized.
Industrial Waste Management,
Maintenance Management &
Process Management Systems
MAINTENANCE
Greenlee Hydro Stainless Used to cut holes in stainless
Steel Punch steel panels (this is a very hard
steel)
Infrared Thermometer Used in the detection of heat
source in motor control equipment.
Strong Box Puller Set Assorted pullers for pulling
gears, bearings and shaft sleeves
off pumps and motors.
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MAINTENANCE CONTINUED:
Waste Line Flow Meter Used in measuring flow for wastin
and Totalizer to calculate the volume of flow.
Revolving Shelf Bins An organization unit for small
replacement parts for day to day
operations.
Portable 4" Gas-Powered Used to pump small tanks and clean
Pump the remaining sludge of other
tanks.
Parts Washer 30 gallons Used in cleaning parts when
rebuilding equipment such as pump
motors, etc.
Sand Blaster (I) Unit used to clean deteriorated
metals for rebuilding pumps and
painting equipment.
Golf Cart ( I ) Used in plant transportation to
reduce man hours walking around
plant grounds.
SAFETY
Gas Monitor For testing confined spaces befor~
entry.
Confined Space Retrieval Tripod emeergency escape unit,
harness, lifelines, for employee
retrieval from confined spaces and
tanks in case of an emergency.
LABORATORY
Gravity Convection Oven Replacement of, current oven.
Electric Water Stills To improve the quality of the
water used in microbiology and
chemical analyses. This system
will produce a good grade of pure
i water.
Biological Incubators To use in QA/QC of microbiological
analysis. Water or air jacketed.
Laboratory Software For laboratory quality control
data management and reports from
the data.
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LABORATORY CONTINUED:
Colony Counter Necessary for analysis in
Heterotrophic spread and pour
plate analysis technic.
Digestion/Distillation Unit New equipment to the laboratory
for use in TK analysis and others
requiring distillation and
digestive process.
Automatic Titration System For amperometric titration of
chlorine residual to cover the new
range of chlorine in the effluent
established by EPA.
Laminar Flow Cabinet For sterile techniques and safe
handling in microbiology analysis.
Dissolved Oxygen Meter Spare for BOD analysis.
Digital Display
Direct Drive Pump Spare for Solids analysis.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 0t1
SUBJECT: AGENDA ITEM # 1S(: - MEETING OF SEPTEMBER 25, 1990
WATER SERVICE AGREEMENT
DATE: September 21, 1990
We received a request for a water service agreement for a proposed
Adult Congregate Living Facility (ACLF), Marriott Brighton Gardens to
be located west of Military Trail, south of Atlantic Avenue, behind
the Sun Bank Facility. Generally, a water service agreement request
is reviewed with its accompanying site plan, however, the applicant is
seeking special consideration of the water service agreement in order
to accommodate certain processing requirements by the County. The
site plan is scheduled to be reviewed by the Planning and Zoning Board
at their October 15th meeting. A standard provision contained in the
water service agreement requires that all City development codes be
met.
The development proposal is for the construction of a 130 bed ACLF and
a 60 bed nursing facility on a 8.68 acre parcel located within the
County. A review of the water and sewer system in the area shows that
there is sufficient raw water and treatment capacity to accommodate
the request, however, additional facilities will need to be installed.
The City Attorney's office has reviewed this request. The initial
application, which was submitted by the contract purchaser, was
rejected. Subsequently, the application before you was submitted by
the current property owners. It should be noted that an additional
provision of the water service agreement releases the current property
owner from the agreement and annexation requirement, should the
purchaser fail to acquire the property.
Recommend approval of a water service agreement for the proposed
Marriott Brighton Gardens ACLF.
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C I T Y COM MIS S I.O N DOC U MEN TAT ION
TO: CERYL L~VERETT' ADMINISTRATIVE ASSISTANT III
'., J~j ~UCIM
FROM: ID J. KOVACS, DIRECToR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
WATER SERVICE AGREEMENT FOR MARRIOTT BRIGHTON GARDENS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a water service agreement for a proposed
A.C.L.F. which is to be known as Marriott Brighton Gardens.
The project is to be located west of Military Trail, south
of Atlantic Avenue - behind the Sun Bank facility.
BACKGROUND:
The proposed Marriott Brighton Gardens project is to consist of a
130 bed A.C.L.F. and a 60 bed nursing facility. The site is 8.68
acres and is within the County. A site plan has been submitted
and is currently under review. It is scheduled for Planning and
Zoning Board action on October 15, 1990, and should be before the
City Commission on October 23rd.
Normally, a water service agreement request and its accompanying
site plan are viewed concurrently. However, in order to be
certified for acceptance into the County Land Use process the
agent is seeking early approval of the water service agreement.
This process has been followed previously with the most recent
example being a proposed ACLF just to the west. Also, as in that
previous situation the agreement is modified to the effect that
if the contract purchaser (Marriott) does not purchase the
property, then the owner (William and Mary Lou Koch) would not be
bound to the agreement and the annexation requirement.
A review of the system in the area shows that the site can be
served but there will be requirements for installation of
additional facilities by this proposed development. There is
sufficient raw water and treatment capacity to accommodate the
request.
The City's Future Land Use Map has a "Transitional" land use
category designation on the site. Thus, the proposed use is
compatible with our Plan. The land use authority for this
project rests with the County.
City Commission Documentation .
Meeting of September 25, 1990
Water Service Agreement for Marriott Brighton Gardens
Page 2
The agreement has been reviewed by the City Attorney's Office who
rejected the first application which was presented under the
signature of the contract purchaser. The agreement has been
modified to reflect execution by the property owner.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not yet reviewed the site plan.
Their review is scheduled for October 15th. Normally, the
Planning and Zoning Board does not review or comment on the water
service agreement itself.
RECOMMENDED ACTION:
By motion, approval of the Water Service Agreement as presented
by the owners, William and Mary Lou Koch.
Attachment:
* Location Map
* Water Service Agreement
DJK/#68/CCACLF.TXT
.
AGREEMENT FOR WATER SERVICE
This agreement, made on this ____ day of , 19___,
by and between WILLIAM F. KOCH, JR. , and HARY LOU KOCH ,
hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from _
.. the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
. standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. T~tle to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
'. schedules which are now applicable or as may be changed from time to
., time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a s~plus. If a surplus does
. . not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITI'S Public Utilitie~ Director,
then the CITY without liabili~y may refuse to initiate service to
the subject premises.
7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that the
execution of this agreement is considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
Furthermore, should any other general law, special act, or local law
be enacted which provides for voluntary or consensual annexation,
this agreement shall also'be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced laws concerning
annexation. The legal description of the subject premises is as
follows:
Said legal description attached hereto and made a part hereof.
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under parag~aph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
. . post-judgment collection) and costs arisipg out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
- ~ -
12. The water use granted by this Agreement is for the
quantity of ____ tap(s) located on the property described in
paragraph 7, above. The water shall be in conjunction with ,
* use as depicted. upon the plan known as
NARRIOTT BRIGHTON GARDENS dnd approved by the
Delray Beach City Commission on
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public Utilities. .
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters. _
.. Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach. In addition, t~is AgreemeQt
shall also become V010, at tne opt10n of the Customer, 1f tne clos1ng
is not effected and title to the property transferred to Marriott
Retirement Communities, Inc., pursuant to the contract hetween
Customer and Marriott Retirement Communities, Inc., dated June 8, 1990.
Rev. 10/27/87 .
*130 bed adult congregate living facility and 60 bed nursing facility.
.
_ "1 _
.
IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
~ITN:i1~~ !t/~0~!; A
~ WILLIAM F. KOCH, JR.
~ -It..- IJA / .L--<-- \..'\,.'"\.. < '-"-'1~ ..'"' ,-l.... <.... L '" ~ -~'"
As to Customer (Both) MARY LOU Cust er KOCH
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
STATE OF ~WRIDA.{'. )
COUNTY OF r/LLm ~v6 )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the county aforesaid
to take acknowledgements, personally appeared WILLIAM F, KOCH, JR., and
HARY LOU KOCH , to me known to be the person( s)
described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State
last aforesaid this /'lJ40 day of Sf'ptf'rnbf'r , 19 ,'9-o"T~?~).
! "::' \-')T,U1t' .....)
A// ~L~~_,...~~;SEALI
Notary Pub i,~"""';'~'~
"",::.~:,~!,,~..-.....
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CO OF) ..n ~~
~EBY CERTIFY that on this day, hefore m
duly authorized--.,in the State and County aforesaid
acknowledgements, personally appeared
and , well, known to me to be the
President and Secretary respectively of. the corporation named in the
foregoing agreement and that they~severally acknowledged executing
the same in the presence of ~wa subscribing witnesses freely and
voluntarily under authority, duly vested in..them by said corporation
., . and the seal affixed ~heteto in the true 'corporate seal of said
corporation. ..,/'/-
WITNE /my hand and official seal in the ~y and State
last afore this day of , 19 '. '. .
-.
. ~~-----~----,- ---Notary Public ~~
. . STATE OF ) ·
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
Rev. 10/27/87
LEGAL DESCRIPTION OF THE LAND
PARCEL A: The West one-half of the West one-half of the
Southeast one-quarter of the Southeast one-quarter of Section 14,
Township 46 South, Range 42 East, Palm Beach County, Florida,
containing ten acres, more or less.
LESS THE FOLLOWING DESCRIBED PARCEL B:
PARCEL B: COMMENCE at the Northwest corner of the Southeast
quarter (S. E. 1/4) of the Southeast quarter (S.E. 1/4) of
Section 14, Township 46 South, Range 42 East, Palm Beach, County,
Florida;
thence Southerly, along the West Line of the aforesaid
Southeast quarter (S.E. 1/4) of the Southeast quarter (S. E.
1/4) OF Section 14, a distance of 14.02 feet to the POINT OF
BEGINNING OF the par eel to be herein descrlbed;
thence continue Southerly along the same course, a distance of
237 feet;
thence Easterly, making an angle with the preceding course of
890 35" 40" measured from North to East, a distance of
334.47 feet;
thence Northerly, making an angle with the preceding course
of 900 23" 23" measured from West to North, a distance
of 237 feet;
thence Westerly, a distance of 334.41 feet to the POINT OF
BEGINNING aforedescribed. Said parcel containing 1. 82
acres, more or 1 ess. ,
Together with a perpetual non-exclusive easement over the West 50
feet of Parcel B reserved to the grantors for the purpose of
preserving to grantors, their heirs and their successors in
interest:
(1) Access to grantors" 1 and which is contiguous and immediately
South of Parcel B, which is more particularly described as
follows:
The West half ( W. 1/2) of the West half (W. 1/2) of the
Southeast Quarter (S.E. 1/4) of the Southeast . Quarter (S. E.
1/4 ) of Section 14, Township 46 South, Range 42 East, Palm Beach
County, Florida, LESS and not including the above described
Parcel B.
I
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(2) Installing, maintaining and replacing, within the easement,
such roads, sidewalks, telephone and electrical lines and
equipment, water and sewer facilities and such other similar uses
as may be required by the governmental Authorities or neces_~arL__ ____
for the future development of grantors" adjoining property.
Subject to the right of way of State Road 806 (West Atlantic
Avenue) as now existing.
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25, 1990
REQUEST FOR FINAL PAYMENT
DATE: September 21, 1990
We received a request for final payment in the amount of $1,245.52
from Southern Pipeline for emergency repairs to Forcemain 18 located
on Andrews Avenue. Staff has inspected this work and found it to be
satisfactorily complete.
Recommend approval of final payment to Southern Pipeline in the amount
of $1,245.52 with funding from Water and Sewer/Sewer Systems Mains and
Lines (Account No. 441-5161-536-60.66).
-
'cr. . SOUTHERN PIPEUNE, INC. , .
'. :;:' ", UTIUllES CONTRACTOR :
~ir.:', , 1471 Neptune Drive ,
,t: irf" , ; ,.,: :' (' Boynton Beach, Florida 33426 ,'" .
, ~.~:r., , (407) 732-6711
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tl:,'" . . September 12 ,1990
,i;: City of Delray Beach
,~)r;":Utili ties Department .. " "
>IN.:.'' 100 N.W. 1st Street
"i:;" .' Delray Beach, Florida
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Pioject -Repair broken force main at lift station., .,.:;. '.'
~"<'" Andrews Ave.
~,(}::>,. , Delray Beach, Florida /'
If' Vendor No. 721930'
~,.,:. F~:'"
I}~;:!' , Purchase Order No. .
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.~fr'::" 39, Hr..Backhoe (Crawler) 190.00 7,410.00
:;'.)'1..,39 Hr .'Loader 50.00 1,950.00
':l_~;::'. . 53~Hr. Hydro Pump 23.001,219.00'
r 'JA~ ',:~:~:/- \" ".'
"&>'':'';;:, .22; , Tons Road Rock 10.00 220.00
":?CJ.~.l/. ',Core Drill. 1411 x 1611 Hole Lis 350.00
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':}~:,:c:.' '. Material Lis " . 656.14
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM it goe - MEETING OF SEPTEMBER 25, 1990
SERVICE AUTHORIZATION NO. 3
DATE: September 21, 1990
This is Service Authorization No. 3 to the contract between the City
and CH2M Hill, in the amount of $65,876, for a Water Supply Master
Plan Study. This is the first phase of establishing a water supply
improvements Master Plan. The scope of service for this service
authorization includes:
1. Review of previous reports and data relating to water demands
and supply.
2. Testing of operational production wells to estimate their
flow contribution to the raw water supply, specific capacities,
wellhead pressures and drawdowns.
3. Examination and evaluation of existing groundwater monitoring
networks to determine if they are adequate.
4 . Review data and evaluate feasibility of developing a well
field in Morikami Park.
5. Evaluate the potential of implementing Aquifer Storage and
Recovery (ASR) in the surficial aquifer to form a saltwater
barrier to prevent further intrusion of the saltwater front.
6. Review of the Stormwater Utility Report and applicable
stormwater regulations to determine the potential impacts of
stormwater activities on raw water supplies.
It is anticipated that the final Water Supply Master Plan Study will
be completed in four months.
Recommend approval of Service Authorization No. 3 in the amount of
$65,876 with funding from 1990 $8 Million Line of Credit (Account No.
444-5164-536-33.11 for fiscal year 1989/90) and 1990 Revenue
Construction Bond (Account No. 447-5164-536-33.11 for fiscal year
1990/91) .
'.
. .
i I
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 1 OF 11
SERVICE AUTHORIZATION TO THE AGREEMENT TO FURNISH
PROFESSIONAL SERVICES DATED MAY 14,1990 BETWEEN THE CIlY OF
DELRAY BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE: WATER SUPPLY MASTER PLAN STUDY. PHASE 1
CATEGORY OF WORK:
GENERAL:
This SERVICE AUTHORIZATION shall modify the professional services agreement
referenced above and shall become part of that AGREEMENT as if written there in
full. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
This SERVICE AUTHORIZATION for water supply master planning represents the
first phase of water supply improvements master plan for the City of Delray Beach
(CITY). Subsequent phases may include the design and implementCltion of the
recommended raw water supply alternatives and improvements.
The objective of the water supply master plan is to provide the CITY with an
evaluation of their current water supply and raw water demands. and then compare
their current supply with projected demands and determine the qest water supply
alternatives available to the CITY to meet those demands. A compilation of the
results and a summary of the alternatives will be included in the final Water Supply
Master Plan Report.
I. SERVICES TO BE PROVIDED BY THE CONSULTANT
A. DESCRIPTION OF WORK TASKS
CONSULTANT will provide specific services to the CITY in
accordance with the following Task descriptions.
dbpOOl/128.51
.
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 2 OF 11
Task 1 - Review and Summarize Available Data
Available documents and data relating to the CITY's water supply
demands and supply will be reviewed and summarized. Available
documents include:
. Master Plan Update Water Treatment (Post, Buckley,
Schuh & Jernigan, Inc., February 1989)
. The CITY's South Florida Water Management District
(SFWMD) water use permit and application file
. The CITY's Salt Water Intrusion Monitoring (SWIM)
Plan and monitoring records
. The CITY's Comprehensive Plan (Adopted February
1990) - Population and Public Facilities Elements
. Correspondence and reports prepared for the CITY by
Geraghty and Miller, Inc. (e.g., Impacts of Proposed
Western Well Field Withdrawals West of Delray Beach,
Florida, December 1989), and Russel and Axon
. Pumpage and water quality records from the CITY's
water treatment plant (WTP)
Pertinent data related to the CITY's water supply and demands will be
summarized in a technical memorandum.
Task 2 - Conduct Specific Capacity Testing of the CITY's Production
Wells
The CONSULTANT will test each of the CITY's operational produc-
tion wells to estimate their flow contribution to the CITY's raw water
supply, their current specific capacities, their wellhead pressures and
drawdowns. The data generated during the testing will be used to
evaluate the CITY's current raw water supply capacity. A table listing
dbp001/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 3 OF 11
the CITY's public water supply (PWS) wells, their apparent capacities,
and their current operational status is in Exhibit A.
The wells listed on the attached table that are fully operational will be
tested first (first priority), with the other remaining wells to be com-
pleted subsequently (e.g., the contaminated wells).
A portable non-invasive Doppler ultrasonic flowmeter, manufactured by
Polysonics, will be used on the PWS wells. The flow rates recorded at
each of the wells will be correlated with the increased flows recorded at
the CITY's WTP. The flowmeter reading will be used to calculate spe-
cific capacity and well performance. Some modifications to the well-
heads may be required in order to accurately measure water levels.
Available pump curves from each of the wells tested will be reviewed
and evaluated to determine if the pumps are suitable for the current
head conditions. Recommendations will be made to pull well pumps
for inspection and to replace those that cannot provide their designed
flow at the current head conditions.
The information collected during this task will be compiled by the
CONSULTANT for use in Tasks 3, Part 1 and Task 2, Part 2. A tech-
nical memorandum will be prepared and submitted to the City that
summarizes the results of the testing.
Task 3 - Evaluate Existing Groundwater Monitoring Network
The CONSULTANT will examine and evaluate the CITY's existing
groundwater monitoring networks to determine if they are adequate for
what they were intended. The types of monitoring networks that will be
examined include:
. SFWMD SWIM Monitoring Network
. Palm Beach County Well Field Protection Ordinance
Monitoring Requirements
dbpOOl/128.51
.
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 4 OF 11
. Early Warning Monitor Wells for Detection of
Con tamina tion
The CONSULTANT will then recommend a monitoring plan for the
existing and proposed raw water supply. The plan will be used to
minimize potential adverse impacts. Adverse impacts to be considered
are saline-water intrusion, contamination, or effects on other
groundwater users or adjacent water bodies. The proposed monitoring
will be limited to water level measurements and water quality sampling.
A technical memorandum will be prepared that summarizes the CITY's
existing groundwater monitoring networks, a qualitative evaluation of
their effectiveness, and recommendations for improvements.
Task 4 - Western Well Field Evaluation
Based on data and information collected to date from the Morakami
Park area (e.g., SFWMD, Geraghty and Miller, Inc., and Russel and
Axon) regarding groundwater resources, an evaluation will he made on
the feasibility of developing a well field in this area. The feasibility
analysis will be based on projected demands, current regulatory con-
straints, impacts on adjacent surface water and groundwater users,
alternative sources and/or water management options. raw water piping
considerations, raw water quality, implementability, and treatability.
A detailed analysis of the impacts on the surface water hodies in the
area of Morikami Park has already been performed hy Geraghty and
Miller, and will be used in the evaluation of a western well field.s
impacts. During the first part of the evaluation, the CONSULTANT
will meet with Geraghty and Miller to consult with them regarding the
work they have performed in this area.
The evaluations will be incorporated into a technical memorandum that
will present and summarize the results.
dbpOOl/128.51
,
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 5 OF 11
Task 5 - Evaluate Aquifer Storage and Recovery
Aquifer Storage and Recovery (ASR) is a relatively new and successful
water management tool in which substantial volumes of water are stored
underground in a suitable geological formation. The water is subse-
quently recovered for use when needed. It may be possible for the
CITY to utilize ASR at or near the WTP to help meet peak water
demands on their water supply system, reduce the impact on surficial
aquifer during seasonal peak raw water demands and also reduce the
cost of water system (including additional well field capacity) expansion.
A feasibility report will be prepared that will:
. Evaluate the City's raw and treated water demands
(Task 1) to identify the potential use and benefits of a
treated water ASR system. Months of the year likely for
recharge, storage and recovery will be identified, and
potential recharge/recovery rates will be discussed.
. Review the area hydrogeology and to the extent possible
identify potential storage zones. Conduct a preliminary
inventory of Floridan aquifer wells within a one mile area
of initial ASR test site.
. Prepare a conceptual layout of the ASR facility including
the number and type of wells, approximate depths and
diameters, and necessary piping for transmitting flows.
. Evaluate the potential of augmenting the capacity of the
existing well fields by blending with upper Floridan aquifer
waters.
. Evaluate the potential of implementing ASR in the
surficial aquifer to form a "saltwater barrier" to prevent
further intrusion of the saltwater front.
dbpOOl/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 6 OF 11
. Discuss permitting issues and requirements typically
associated with ASR facilities.
. Outline a preliminary testing program during well
construction and ASR cycle testing, including a schedule
of the anticipated duration.
The above will be incorporated into a technical memorandum, including
recommendations as applicable.
Task 6 - Evaluate the Affect of Stormwater on the CI1Y's Raw Water
Supply
The CONSULTANT will review the CITY's existing Stormwater Utility
Report prepared by Gee and Jensen (June 1990) and applicable storm-
water regulations for the purpose of providing professional opinions on
I the potential impacts of stormwater management activities on the
CITY's raw water supply. The evaluation will include water quality as
well as water quantity (recharge) potential impacts on raw water
supplies.
To the extent that available stormwater and land use data allow,
planning level figures will be developed to assess how aquifer recharge
may be affected by stormwater management actions. In turn, these
estimates will be compared with results from the groundwater model to
estimate changes in raw water availability due to changes in recharge.
A technical memorandum summarizing the results of this task will be
prepared for review by the CITY. Recommendations for further evalu-
ation will be provided if the potential impacts of stormwater on raw
water supplies are considered significant.
Task 7 - Prepare Water Supply Master Plan Report
Information gathered and summarized in the first six tasks, including
results from the meetings between the CITY and the CONSULTANT
will be incorporated into a final Water Supply Master Plan report.
dbpOO 1/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 7 OF 11
The format of the final report will consist of an executive summary
followed by the six technical memoranda previously prepared for
Tasks 1 through 6. In additional to the water supply alternatives
discussed in previous tasks, conservation measures, surface water with-
drawal (L WDD Canals), and interconnects with Palm Beach County,
Boynton Beach, and Boca Raton will also be included as possible
measures to supplement the existing supply.
A summary of the alternatives will be prepared in the form of an
executive summary, and will include the individual technical memoran-
dums as attachments. The executive summary will present and sum-
marize the alternatives that will include and estimate on how much raw
water supply each alternative could supply, a listing of pros and cons for
each, and an estimated order of magnitude cost for each.
B. ASSUMPTIONS
The work described herein is based upon the assumptions listed below.
Should conditions differ from those assumed in a manner that will affect
schedule or scope of work, the CONSULTANT will advise the CITY in
writing of the magnitude of the required adjustments. Changes in
completion schedule or compensation to the CONSULTANT will be
negotiated with the CITY.
1. The CITY will provide reports listed under Task 1 (except those
generated by CH2M HILL), and others identified by the CITY
that may have relevance to this SERVICE AUTHORIZATION.
The CITY will also provide drawings of the CITY's existing
production wells, raw water piping, and WTP, and pump curves
of the production well pumps.
2. This SERVICE AUTHORIZATION is for developing a Water
Supply Master Plan for the City of Delray Beach and does not
include an evaluation of the CITY's current treatment plant or
procedures for developing the adopted comprehensive plan and
population projections.
dbpOO 1/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 8 OF 11
3. During specific capacity testing, any required modifications to the
wellheads of the CITY's production wells shall be performed by
CITY staff. CITY staff will provide field assistance to the
CONSULTANT when conducting the specific capacity testing.
4. The CITY has worked out negotiations with the Lake Worth
Drainage District (LWDD) and Palm Beach County with regard
to potential impacts on surface water bodies in the Morikami
Park and the CITY's Golf Course.
5. This SERVICE AUTHORIZATION includes the work items
discussed herein. If any changes are requested by the CITY an
addendum to this AUTHORIZATION will be prepared and
submitted to the CITY for consideration.
c. MEETINGS
The following lists the Tasks and the anticipated number of meetings to
be held between the CONSULTANT and the CITY, and between the
CONSULTANT and regulatory agencies.
dbpOOl/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 9 OF 11
Task Anticipated Meetings
Task 1 - Review and Summarize Available Data City - 1
Task 2 - Conduct Specific Capacity Testing of the City - 1
CITY's Production Wells
Task 3 - Evaluate Existing Groundwater City - 1
Monitoring Network
Task 4 - Western Well Field Evaluation City - L SFWMD - L-LWDD - 1. G&M - 1
Task 5 - Evaluate Aquifer Storage and Recovery City - 1
Task 6 - Evaluate the Affect of Stormwater on the City - 1
CITY's Raw Water Supply
Task 7 - Prepare Water Supply Master Plan City - 2
Report
SFWMD - South Florida Water Management District
LWDD - Lake Worth Drainage District
G&M - Geraghty and Miller, Inc.
D. DELIVERABLES
The following is a list of anticipated deliverables for
submission to the CITY.
. Four copies each of the technical memoranda prepared for
each of the first six tasks (Tasks 1 through 6).
. Four draft copies of the Water Supply Master Plan report
(Task 7).
- Ten copies of the final Water Master Plan report (Task 7).
II. COMPENSATION TO THE CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated as follows:
dbpOOl/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 10 OF 11
I Water Supply Master Plan Study - Phase 1 I
Task No. Labor Expenses Total
1 - Review and Summarize Available Data $ 4,744 $ 617 $ 5,360
2 - Specific Capacity Testing
Engineering 6,831 1,230 8,061
Flowmeter Rental -- 5,000 5,000
3 - Groundwater Modeling 4,563 651 5,304
4 - Groundwater Monitoring Network Evaluation
Engineering 5,910 827 6,737
Subconsultant (G&M) -- 2,500 2,500
5 - ASR 11,587 927 13,093
6 - Stormwater Effects 7,777 622 8,788
7 - Master Plan Report 9,678 774 11,030
Totals $51, 179 14,697 $65,876
I G&M = Geraghty and Miller, Inc. I
Compensation for services shall be in accordance with Article VILA.:!. of the
AGREEMENT. Exhibit B attached presents a breakdown of the labor and expense
charges per the Agreement.
III. PROJECT SCHEDULE
The CONSULTANT agrees to perform the services described herein within the
following time periods unless otherwise extended in writing by the CITY. Time as
stated herein refers to calendar days from the date of execution of the SERVICE
AUTHORIZATION.
dbpOO 1/128.51
CH2M HILL
SERVICE AUTHORIZATION 3
DATE: September 10, 1990
PAGE 11 OF 11
I Water Supply Master Plan Study - Phase 1 I
Task No. Duration (days)
1 - Review and Summarize Available Data 30
2 - Specific Capacity Testing 60
3 - Groundwater Modeling 60
4 - Groundwater Monitoring Network Evaluation 60
5 - ASR 90
6 - Stormwater Effects 60
7 - Master Plan Report 60
Exhibit C presents a bar schedule illustrating the time frames for each of the tasks
and their interrelationships. Tasks 1 through 6 will begin upon the CONSULTANT's
receipt of a written fully executed SERVICE AUTHORIZATION.
***************************************************************************
CITY OF DELRAY BEACH CH2M HILL SOUTHEAST, INC.
BY: BY:
TITLE: TITLE:
DATE: DATE:
dbpOOl/128.51
EXHIBIT A
OPERATIONAL SUMMARY OF THE PUBLIC WATER SUPPLY WELLS
CITY OF DELRAY BEACH
(AS OF MARCH 19, 1990)
RATED RATED
CAPACITY CAPACITY
WELL NUMBER (GPM) (MGD) STATUS
----------- --------- --------- ---------------------------------
GOLF COURSE
WELL FIELD
-----------
27 (7W) 700 1.01 FULLY OPERATIONAL
28 (8W) 1200 1.73 FULLY OPERATIONAL
29 (9W) 1000 1.44 FULLY OPERATIONAL
30 (lOW) 700 1. 01 FULLY OPERATIONAL
31 (llW) 900 1.30 FULLY OPERATIONAL
32 (12W) 500 0.72 FULLY OPERATIONAL
(13W) -- -- NOT PERMITTED BY SFWMD
34 (14W) 700 1.01 FULLY OPERATIONAL - CAPACITY REDUCED
----------- --------- ---------
GOLF COURSE 5700 8.21
SUBTOTAL
----------- --------- ---------
30 WELLS 21325 30.73
TOTAL --------- ---------
-------- ---------
.
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SEF327.65
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trf/1
SUBJECT: AGENDA ITEM # CfR - MEETING OF SEPTEMBER 25, 1990
REQUEST FOR TEMPORARY TENT PERMIT
DATE: September 21, 1990
The Delray Beach Sunrise Kiwanis is requesting a permit to erect a
temporary tent from October 10, 1990 through January 1 , 1991 on the
corner of N.E. 5th Avenue and S.E. 10th Street (adjacent to the
former Bill Wallace Nissan). Pumpkins will be sold at that site from
October 17, 1990 to October 30, 1990 and Christmas Trees from November
23, 1990 to January 1 , 1991. Proceeds, in part, to benefit charitable
organizations. This request is similar to previously approved
Commission actions.
Recommend approval of temporary tent permit for Sunrise Kiwanis.
,
,
- .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: TENT APPROVAL FOR THE DELRAY BEACH SUNRISE KIWANIS -
CHRISTMAS TREE AND PUMPKIN SALES -
--
DATE: SEPTEMBER 18, 1990
BACKGROUND
The Delray Beach Sunrise Kiwanis would like to sell pumpkins from
October 17, 1990 - October 30, 1990 and Christmas trees from
November 23, 1990 - December 24, 1990 at the NE corner of SE 5th
Avenue and SE 10th Street. They are requesting approval to
continuously use the site from October 10, 1990 - January I, 1991
for the purpose of tent set-up, electrical hook-up and clearing
and removal of debris. The Kiwanis Club has obtained approval
from the property owner.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
assembly. The Kiwanis has applied for the necessary permits and
approvals as required.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the Sunrise Kiwanis tent from October 10, 1990 - January I, 1991
to be located at the NE corner of SE 5th Avenue and 10th Street
for the purpose of selling pumpkins and Christmas trees.
LB:DQ
D/7
Tent.Kiw
, ..
CO~iMUN ITY IMPROVEMENT:
STEVEN D. RUBIN Please draft a response.
ATTORNEY AT LAW DTH
SUITE 311 <3'Y~~
COMPSON PINANCIAL CENTER
980 NORTH f'EDERAL HIGHWAY
BOCA RATON. FLORIDA 33432
TELEPHONE (4071 391-7992
F"AX (4071 347.0828
August 22, 1990
City Manager 1\ l.!. l #-., .~ .V rr- 1"~
~, ~ ~ ,
City of Delray Beach .. , ,,'!. '\
100 N. W. 1st Avenue AUG 2:5 1990
Delray Beach, Florida 33445 CI1Y MAr'A"-'
Re: Delray Beach Sunrise Kiwanis ,~ t.;t""S OFF/t;t
Christmas Tree and Pumpkin Sales for 1990
Dear Sir:
This letter is sent to request City commission approval for the sale
of Christmas trees and pumpkins by the Delray Beach Sunrise Kiwanis
Club to benefit organizations and the community which are served by
the Kiwanis Club. In particular, the Delray Beach Sunrise Kiwanis
Club, as it has each year in the past, would like to sell pumpkins
from October 17, 1990 through October 31, 1990 and Christmas trees
from November 23, 1990, through December 24, 1990. In addition, we
would like to continuously use the premises at the N. E. corner of the
intersections of S. E. 5th Avenue and S. E. 10th Street from October
10, 1990 to January 1, 1990, to allow set-up of the tents, hook-up of
the electrical, and clearing and removal of debris after sales have
ended. The Club has already obtained the consent of the record owner
of the property for this activity.
-
I would appreciate your placing this item on the city Commission
Agenda for approval and notifying me of the date. Thank you for your
assistance and cooperation in this matter. -
Very
SDRjmjh
cc: Dr. Bennet Sharf
~UG 2 1 to
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 25, 1990
REQUEST TO HOLD A CARNIVAL
DATE: September 21, 1990
The American Legion Post #188 is requesting permission to hold a
Carnival from November 19- 25, 1990 on City-owned property at S.W.
8th Avenue and S.W. lOth Street, south of the Delray Beach Cemetery.
All proceeds from this event will be used to renovate the American
Legion Post on N.W. 8th Avenue.
This is the third year that a request to hold this event has been
before the Commission. The previous two events were approved
contingent upon the applicant providing liability insurance,
certificates of inspection, furnishing security, providing the
required sanitation facilities, and a plot plan showing the layout of
the carnival. Staff is recommending that, should the Commission
approve this request, those same conditions be applied. A detailed
staff report is attached as backup material for this item.
Recommend consideration of the request from the American Legion Post
#188, to hold a carnival from November 19-25, 1990.
/
,r \._ -.-<
!
, .~
. -.
MEMORANDUM
TO: DAVID HARDEN, CITY ~..ANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: REQUEST TO USE CITY PROPERTY TO HOST A "CARNIVAL"
AMERICAN LEGION POST tI88/NOVEMBER 19 - 25, 1990
DATE: SEPTEMBER 19, 1990
BACKGROUND:
The American Legion Post #188 is requesting City Commission
approval to host their annual "Carnival" during the week of
November 19th through the 25th, 1990 on City-owned property
located at Southwest 8th Avenue and 10th Street ( Cemetary
Property) . This organization has received Commission approval
for the past two (2) years, 1988 & 1989 to host such a carnival
and have used City property. The Carnival was held at the
proposed location last year.
Chapter 114.01 of the City's Code of Ordinances states that it is
unlawful to operate a carnival or circus within the city except
with the express approval in advance by the City Commission. The
code also states that the Commission shall establish the criteria
for which their approval is based. In the past the Commission
has required liability insurance from the organization in the
amount of $1,000,000 with the City listed as additionally
insured, certificates of State and County inspections, furnished
security as required by the Police Department, required Health
Department approvals and sanitation facilities. Additionally,
they will be responsible for providing a plot plan showing the
layout of the carnival and identifying how they will accommodate
parking on the site. The same must be approved by Building,
Fire, Parks & Recreation, Public Utilities and Police
Departments.
RECOMMENDATION
Staff is recommending that the City Commission consider the
American Legion Post #188 request to use City property to hold
their annual "Carnival" activity, which is defined as one of
their major fund-raising activities needed to provide funds in
their on-going effort to renovate the American Legion Hall on NW
8th Avenue and Martin Luther King Blvd.
B:Carnival.lb/LG4
. . . .
September 12, 1990
City of Delray Beach
100 Northwewt First Avenue
Delray Beach, FLorida 33444
RE: American.Legion Post # 188 of Delray Beach Carnival
In an ongoing effort to continue to renovate the American Legion
, Post #188 located on Northwest 8th Avenue and Martin Luther King
Bl vd. , I am requesting once again, permission of the City to hold
the Carnival this year.
The dates of November 19th through November 25, 1990 are being
requested for the American Legion Post to host the Carnival in
Delray Beach at the site of Southwest 8th Avenue and Southwest
10th Street, South of the Delray Beach Cemetary. This location
has been successfully located and is convenient for the Carnival.
American Legion Post # 188 appreciate the City's consent and con-
sideration to host the Carnival in November.
All of the proceeds from this Carnival is being used to continue
renovating the Post on Northwest 8th Avenue.
Thank you again for your prompt response. I look forward to
hearing from you so that final plans can be made for the Carnival.
I can be reached at 407-278-4136 and at my address of 312 North-
west Tenth Avenue, Delray Beach, Florida 33444.
Cordially,
-
i 1 .
.j ~6
,~/~.............. : . ,/ .' ,f, .
M~:/ Lawrence E. Strai ge ~
~erican Legion Post #188
SEP 1 7 90
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # . \(\ - MEETING OF SEPTEMBER 25, 1990
RESOLUTION NO. 91-90
DATE: September 21, 1990
This is a Resolution meeting the Countywide Planning Council's
requirement for the reporting of intergovernmental incompatibilities
as a part of the development of the Countywide Future Land Use Map.
Staff has contacted the adjacent municipalities as well as Palm Beach
County and found that no true incompatibilities exist. Questions were
raised however, concerning the Co~ntywide Planning Council's authority
to impose policy directives upon municipalities. That subject will be
a topic of discussion at a future Commission workshop meeting.
Approval of this action in no way hampers the Commission from
challenging the policies of the Countywide Planning Council in the
future.
Recommend approval of Resolution No. 91-90.
. .
.
RESOLUTION 91-90
A RESOLUTION TRANSMITTING THE RESPONSE OF (CITY
OF DELRAY BEACH) TO FINDINGS MADE BY THE PALM
BEACH COUNTYWIDE PLANNING COUNCIL AS TO POTEN-
TIAL INTERJURISDICTIONAL INCOMPATIBILITIES OF
THE CITY OF DELRAY BEACH ADOPTED COMPREHENSIVE
PLAN.
WHEREAS, pursuant to Section 7.8 of the Palm Beach County
Charter, the Palm Beach Countywide Planning Council has advised the
Ci ty of Delray ~each of its findings in regard to the potential
interjurisdictional incompatibilities of the City of Delray Beach
Comprehensive Plan; and
WHEREAS, the City of Delray Beach has reviewed the findings of
the Countywide Planning Council; and
WHEREAS, Section 7.8 of the County Charter provides that
affected local governments shall be given an opportunity to respond
in writing to the Planning Council regarding the incompatibilities,
which the Planning Council shall then consider and evaluate.
NOW, THEREFORE BE IT RESOLVED BY THE CITY CO~~ISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach has reviewed the Palm
Beach Countywide Planning Council's "Map Potential Interjurisdic-
tional Incompatibility Report", has met with adjacent local govern-
ments and jointly concluded, in each case, that no Future Land Use
Map interjurisdictional incompatibilities exist.
Section 2. The City of Delray Beach has reviewed the Palm
Beach Countywide Planning Council's "Policy Potential Interjuris-
dictional Incompatibility Report" and the thirty-three (33)
potential incompatibilities identified therein and concludes:
a. that thirteen (13) of the potential incompat-
ibili ties can be refuted by equivalent
policies or objectives in the City's adopted
Comprehensive Plan, and
b. that twenty (20) of the potential incompati-
bili ties have been determined to be actual
incompatibilities with the Palm Beach County-
wide Planning Council's proposed Countywide
Future Land Use Element and will thus be
considered by the City through the amendment
process relative to the City's adopted
Comprehensive Plan after adoption of the
Council's proposed Countywide Future Land Use
Element.
. .
I
Section 3. The City of Delray Beach hereby transmits to the
Palm Beach Countywide Planning Council responses to the Planning
Council's finding of potential interjurisdictional incompatibil-
ities via the attached Policy Potential Inter~urisdictional
Response Form and the Mapped Potential Interjurisdict~onal Response
Form (for each adjacent local government).
PASSED AND ADOPTED in regular session on this the day of
, 1990.-----
Thomas E. Lynch
M A Y 0 R
ATTEST:
Alison MacGregor-Harty
City Clerk
- 2 -
. .
,
C I T Y COM MIS S IO N DOC U MEN TAT ION
TO: ~RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: D I~~A~~~R
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF A RESOLUTION PERTAINING TO POTENTIAL
INTERGOVERNMENTAL INCOMPATIBILITIES RE LAND USE AND
POLICIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
comment by resolution in response to a request from the Palm
Beach Countywide Planning Council relative to the matter of
potential intergovernmental incompatibilities.
The proposed resolution addresses:
* Future Land Use Map designations; and
* Policies of the Countywide Planning Council.
BACKGROUND:
The Palm Beach Countywide Planning Council exists via referendum
in which the voters of the County expressed their desire to have
a coordinated Future Land Use Map which encompassed all of the
County including municipalities. The Council was also given the
specific authority to intervene in matters of "intergovernmental
incompatibilities".
In order to developed the Countywide Future Land Use Map, the
Council mapped the individual plans of the County and all the
municipalities pursuant to a common classification system.
Potential incompatibilities were then identified and forwarded to
each municipality for more detailed review. The Planning
Department contacted the County and each municipality which is
adjacent to Delray Beach and it was determined that no true
incompatibilities exist. Please see the Planning and Zoning
Staff Report for a full description of the process which was
followed.
city ,Commission Docu~entation
Meeting of September~ 25, 1990
, Resolution Pertaining to Potential Intergovernmental
Incompatibilities Re Land Use. and Policies
Page 2
The Council is also devising "policies" which they intend to
include as a part of a Future Land Use Element. Of the 65
policies referred to the City, 33 were identified by the Council
as being potentially incompatible with the City's Comprehensive
Plan. Of those, we "refute" 13 of the Council's findings based
on the policy being either not applicable or being covered
somewhere in our Plan. Twenty (20) policies remain as potential
incompatibilities in that they are not addressed in our Plan. The
position put forth in the resolution is that the City of Delray
Beach will consider those policies when we process our annual
Plan Amendment (approximately March of 1991).
Some other municipalities have challenged the authority of the
Planning Council regarding the "imposition" of policies
directives from that body upon municipalities. Up to this point
in time, the City of Delray Beach has not entered into the
debate regarding "authority". It is the Planning Director's
recommendation that the issue of "authority" not be combined with
the intergovernmental incompatibility process.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at its meeting
of September 17, 1990. After reviewing the process which was
followed and discussing the overall role of the Countywide
Planning Council, the Board forwarded the item with a
recommendation of approval pursuant to the staff recommendation.
The Board also noted the importance of the item and that
participation with the City Commission in a work session at which
the overall subject of the Countywide Planning Council and its
role as the Local Planning Agency and the future role of the
County Commission in this matter would be desirable.
RECOMMENDED ACTION:
Adoption of the attached resolution.
Attachments:
* proposed resolution
* P&Z Staff Report
DJK/#71/CCII.TXT
.
RESOLUTION 91-90
A RESOLUTION TRANSMITTING THE RESPONSE OF (CITY
OF DELRAY BEACH) TO FINDINGS MADE BY THE PALM
BEACH COUNTYWIDE PLANNING COUNCIL AS TO POTEN-
TIAL INTERJURISDICTIONAL INCOMPATIBILITIES OF
THE CITY OF DELRAY BEACH ADOPTED COMPREHENSIVE
PLAN.
WHEREAS, pursuant to Section 7.8 of the Palm Beach County
Charter, the Palm Beach Countywide Planning Council has advised the
Ci ty of Delray Beach of its findings in regard to the potential
interjurisdictional incompatibilities of the City of Delray Beach
Comprehensive Plan; and
WHEREAS, the City of Delray Beach has reviewed the findings of
the Countywide Planning Council; and
WHEREAS, Section 7.8 of the County Charter provides that
affected local governments shall be given an opportunity to respond
in writing to the Planning Council regarding the incompatibilities,
which the Planning Council shall then consider and evaluate.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach has reviewed the Palm
Beach Countywide Planning Council's "Map Potential Interjurisdic-
tional Incompatibility Report", has met with adjacent local govern-
ments and jointly concluded, in each case, that no Future Land Use
Map interjurisdictional incompatibilities exist.
Section 2. The City of Delray Beach has reviewed the Palm
Beach Countywide Planning Council's "Policy Potential Interjuris-
dictional Incompatibility Report" and the thirty-three (33)
potential incompatibilities identified therein and concludes:
a. that thirteen (13) of the potential incompat-
ibilities can be refuted by equivalent
policies or obj ectives in the City's adopted
Comprehensive Plan, and
b. that twenty (20) of the potential incompati-
bili ties have been determined to be actual
incompatibilities with the Palm Beach County-
wide Planning Council's proposed Countywide
Future Land Use Element and will thus be
considered by the City through the amendment
process relative to the City's adopted
Comprehensive Plan after adoption of the
Council's proposed Countywide Future Land Use
Element.
Section 3. The City of Delray Beach hereby transmits to the
Palm Beach Countywide Planning Council responses to the Planning
Council's finding of potential interjurisdictional incompatibil-
ities via the attached Policy Potential Interjurisdictional
Response Form and the Mapped Potential Interjurisdictional Response
Form (for each adjacent local government).
PASSED AND ADOPTED in regular session on this the day of
, 1990.
Thomas E. Lynch
M A Y 0 R
ATTEST:
Alison MacGregor-Harty
City Clerk
PLANNING AND ZONING BOARD STAFF REPORT
TO: Interim Planning and Zoning Board
City of Delray Beach
THROUGH: David J. Kovacs, Director
Department of Planning and Zoning
FROM: Stan Weedon .~
Assistant Planning Director
AGENDA: September 17, 1990
ITEM #: V.B.
SUBJECT: Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to
the City Commission regarding the potential Intergovernmental
Incompatibility determinations from the Palm Beach Countywide
Planning Council. The potential incompatibilities deal with two
subjects, land use designations along common boundaries with
adjacent local governments and proposed policies of the
Countywide Planning Council and policies in the adopted City of
Delray Beach Comprehensive Plan.
City Commission action is via a resolution of findings and
transmittal of Council provided response forms to the Planning
Council.
BACKGROUND:
Article VII of the Palm Beach County Code requires that the Palm
Beach Countywide Planning Council develop a Countywide Future
Land Use Element that coordinates the planning processes of all
governments within the County and resolves and prevents
incompatibilities and conflicts among local governments' land use
efforts. The Countywide element is required to be created from a
composite of local comprehensive plans, modi f ied when necessary
to correct interjurisdictional incompatibilities.
ITEM: V.B.
.
P&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 2
The Council has adopted policies in various topic areas to
identify, prevent and resolve incompatibilities as defined in
Article VII. The findings made by the Council are of two types:
mapped (future land use map) incompatibilities and policy
incompatibilities.
The Council has developed a composite of all future land use maps
in the County, and has identified for each local government those
land uses along its borders which, when paired with the adjacent
land use in the neighboring local government, are potentially
incompatible. These findings are based on a matrix of
potentially incompatible land uses developed with the Council's
Working Group of Local Planners earlier this year. These
incompatibilities are termed "potential" because the affected
local governments may conclude that no conflict exists, as a
result of a more detailed analysis of the land uses, the
applicable land development regulations, existing uses if any and
any other pertinent information.
During development of the Future Land Use Element the Council has
been drafting and approving goals, objectives and policies to
address countywide concerns in various topic areas. Policy
incompatibilities are instances where a local comprehensive plan
is inconsistent with any of the "ensure" statements from the
Council's adopted policies or where Planning Council staff could
not locate policies or objectives within the future land use
element of a local plan which address the Council's proposed
policies. The Council policies used in the findings process are
by no means final and are subject to change as the Element is
finalized for presentations at public hearings. Therefore,
amending local plans at this time to comply with the Council's
proposed policies is not advised.
Each local government is now being asked to verify whether actual
mapped interjurisdictional incompatibilities or policy
incompatibilities exist, to develop resolutions of these
incompatibilities with adjacent local governments, and to notify
the Planning Council of its responses. Notification is via a
resolution and transmittal of Council supplied response forms.
The Planning Council will then hold hearings to receive public
comment on the composite plan and the responses received from the
local governments.
LAND USE PLAN INCOMPATIBILITIES:
The City of Delray Beach boundaries are shared mutually with five
other local governments: Boca Raton, Boynton Beach, Town of
Gulfstream, Town of Highland Beach and Palm Beach County.
Seventy-six (76) potential land use map interjurisdictional
incompatibilities were identified by the Palm Beach Countywide
Planning Council. After review of these potential
P&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 3
incompatibilities and discussions with the staff designated by
each of these local governments to resolve incompatibilities, no
conflicts (incompatibilities) were determined to exist. The
table below identifies the distribution of the potential,
unsubstantiated incompatibilities.
Resolution of the potential incompatibilities occurred through the
aforementioned discussions which concluded that no conflicts
existed because:
1. more detailed analysis of the land uses revealed the
allowable or existing uses were in fact similar or not
incompatible,
2. applicable land development regulations would provide
appropriate buffering/separation of uses,
3. existing uses were already appropriately
buffered/separated, and
4. any other pertinent information.
FUTURE LAND USE MAP INCOMPATIBILITY SUMMARY
Local Govt. Potential Actual Local Government
Il"s Il"s Staff
Boca Raton 8 0 Grace Johnson
Director Growth Mgmt.
Boynton Beach 7 0 Mike Rumpf
Assistant Planner
Highland Beach 3 0 Mary Ann Mariano
Town Manager
Gulfstream 9 0 Franklin Flannery
Town Manager
Palm Beach 49 0 Carl Flick
County Senior Planner
LAND USE PLAN INCOMPATIBILITY FINDING:
The City of Delray Beach has met with the adjacent local
governments (Boynton Beach, Highland Beach, Gulfstream, Boca
Raton and Palm Beach County) and in each case have jointly
concluded that no future land use map interjurisdictional
incompatibilities exist.
P&Z Staff Report .
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 4
The method of resolution of each of the potential
incompatibilities is provided on the response forms provided by
the Planning Council, which will be attached to the resolution
approved by the City Commission.
.
FUTURE LAND USE ELEMENT POLICY INCOMPATIBILITIES:
This area of potential incompatibilities applies only to the
proposed policies of the Palm Beach County Areawide Planning
Council. The Planning Council has proposed sixty-five (65)
policies in eleven (11) areas. The policy areas, the number of
proposed policies per area, the number of potential policy
incompatibilities, the number of actual policy incompatibilities
and number of incompatibilities which are refuted are illustrated
in the table below.
POLICY INCOMPATIBILITY SUMMARY
t OF POTENTIAL ACTUAL t
AREA POLICIES INCOMPAT. INCOMPAT. REFUTED
(Amendments)
Future
Land Use 18 4 3 1
Trans. 5 5 2 3
Agriculture 1 1 0 1
Coastal 2 0 0 0
Education 3 2 0 2
Hist. Pres. 5 3 0 3
Public Servo 1 0 0 0
Water 4 1 1 0
Environmental 15 13 13 0
Annexation 8 1 1 0
Housing 3 3 0 3
TOTAL 65 33 20 13
A potential thirty-three (33) incompatibilities were identified
by the Planning Council. After review by the staff of the
Department of Planning and Zoning it has been determined that
there are twenty (20) actual policy incompatibilities which will
necessitate amendment of the City's Comprehensive Plan if the
Areawide Planning Council adopts the policies as presently
proposed.
P&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 5
Of the thirty-three (33) potential incompatibilities thirteen
(13) should be refuted. Refuted means that either City goals,
objectives or policies were identified that adequately address
the Council's proposed policy or that the Council's proposed
policy is not applicable to the City of Delray Beach and is so
stated within the City's adopted Plan.
Any modification in the number or content of the Council's
proposed policies will necessitate additional review of the
changes against the City's Comprehensive Plan.
The following discussions provide a summary of the policies and
analysis results for each of the nine policy areas in which
potential policy incompatibilities were identified by the
Areawide Planning Council.
Future Land Use:
There are eighteen (18) policies in this subject area with four
(4) potential incompatibilities. These four potential
incompatibilities relate to the proposed policies which are
summarized below:
Policy 5 ensure compliance w/terms and conditions of
local government agreements to resolve
interjurisdictional incompatibilities
Policy 7 notify the Planning Council of all proposed
amendments to adopted comprehensive plans and
land development regulations
Policy 8 amend comprehensive plans concurrent with
amendments to the Countywide Future Land Use
Element
Policy 14 ensure that comprehensive plans or land
development regulations do not allow land use
designations or permitted uses that create
interjurisdictional incompatibilities
Proposed Policies 5, 7 and 8 are not presently covered in the
City's Comprehensive Plan and the Intergovernmental Coordination
Element should be amended to address these policies after
adoption of the Areawide Planning Councils Future Land Use
Element. Proposed Policy 14 is addressed by Policies A-I. 7 and
A-1.8 of the City's Intergovernmental Coordination Element.
.
P&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 6
Transportation:
There are five (5) policies in this subject area, all of which
are potential incompatibilities. The five potential
incompatibilities relate to the proposed policies which are
summarized below:
Policy 1 Adopt the Palm Beach County Thoroughfare
Right-of-Way Protection Map (PBCTPM)
Policy 2 ensure that future land use density and
intensity does not exceed the capacity
associated with the objective level of
service which corresponds to the PBCTPM
Policy 3 ensure that development orders are
conditioned upon sufficient right-of-way
being reserved and protected to provide for
objective levels-of-service on the
non-municipal roadway network
Policy 4 ensure that the arrangement, mix, density and
intensity of land uses are established to
provide incentives for: the redevelopment of
communities in eastern Palm Beach County,
public and private mass transit and other
transportation system management and
transportation demand measures
Policy 5 ensure compliance with the Countywide Traffic
Performance Standards Ordinance
Proposed Policies 1 and 2 are not presently covered in the City's
Comprehensive Plan. The Plan should be amended to address these
policies after adoption of the Areawide Planning Councils Future
Land Use Element. Proposed Policies 3 and 5 are refuted as the
City's Traffic Element addresses these topics in concept, but not
by specific reference, so these City policies should be
strengthened. Proposed Policy 4 is refuted as the City's Traffic
Element adequately addresses this topic.
Aqriculture:
There is one ( 1) policy in this subject area which is a potential
incompatibility. This thrust of this policy is the protection of
agricultural lands. The City should refute this potential policy
incompatibility as our Comprehensive Plan specifically documents
that the City is near build out and that completion of
urbanization will result in the conversion of the sparse
agricultural land in the City to urban uses within the near
P.&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 7
future. Existing agricultural lands are designated for an
appropriate urban use on the City's Future Land Use Map and are
provided for via an A (Agriculture) zone in the Revised Land
Development Regulations and so zoned on the new Zoning Map.
Education:
There are three (3) policies in this subject area with two (2)
potential incompatibilities. The potential incompatibilities
relate to the proposed policies which are summarized below:
Policy 1 require school impact statements of all
residential projects
Policy 2 establish availability of educational
facilities as a concurrency requirement
Both of these potential policy incompatibilities are refuted as
the City's Comprehensive Plan adequately addresses coordination
with the School Board and the improvement of educational
facilities within the City.
Historic Preservation:
There are five (5) policies in this subject area with three (3)
potential incompatibilities. The potential incompatibilities
relate to the proposed policies which are summarized below:
Policy 3 depict multijurisdictional historic resources
on the Future Land Use Map
Policy 4 adopt policies to protect historic resources
of multi jurisdictional significance
Policy 5 halt on-site excavation should historic
resources be discovered
The potential policy incompatibilities with proposed Policies 3
and 4 are refuted as the City's Comprehensive Plan adequately
addresses historic preservation and the City has no historic
resources of multi jurisdictional significance. The potential
policy incompatibility with Policy 5 is refuted as the City is
85% built-out and has no identified archeological sites in the
remaining undeveloped land.
- .
.
P&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 8
Water:
There are four (4) policies in this subject area with one ( 1 )
potential incompatibility. The potential incompatibility relates
to the proposed policy which is summarized below:
Policy 4 meet or exceed the Surface Water Management
Levels of Service standards recommended by
the South Florida Water Management District
when these standards are adopted
The City's Comprehensive Plan does not address these proposed
rules and level of service and will need to be amended if these
levels of service are adopted by the South Florida Water
Management District.
Environmental:
There are fifteen (15) policies, including subparts, which must
be met and thus comprise potential incompatibilities. The
thirteen (13) potential incompatibilities in this subject area
relate to the proposed policies which are summarized below:
Policy 3 "depict as Environmentally Significant" on
future land use maps all sites determined by
the Council to meet the Council's adopted
criteria for Natural Resources of
Multijurisdictional Significance (NRMS)
Policy 4 establish and implement procedures to
identify vested sites to be exempted from
NRMS designation, to take effect within 90
days of local plan certification of
consistency by the Council
Policy 5 notify the Council of those sites which meet
the vesting criteria within six months
Policy 6 establish and implement land development
regulations for NRMS that include:
6(1) set aside for preservation a minimum of 25%
of the environmentally significant portion of
the site
6(2) provide for in lieu of sites or cash in lieu
thereof
6(3) management plan for preserved areas
6(4) applicable restrictions
6(5) prohibit clearing of NRMS before all
development review procedures established and
before all required permits are obtained
~&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 9
6(6) exempt single-family lots which contain less
than 1.5 acre of environmentally significant
land . . . .
6(7) method for evaluating and limiting any
negative effects of development or
redevelopment of areas surrounding NRMS . . . .
6(8) (a) provision for notification of adjacent local
governments and the Planning Council upon
application for development approval,
6(8) (b) granting a development approval,
6(8) (c) denying a development approval.
The City's Comprehensive Plan does not address these areas and
should therefore be amended to adequately cover these Council
policies, upon adoption of the Council's Future Land Use Element,
if appropriate.
Annexation:
There are eight ( 8 ) policies in this subject area with one ( 1 )
potential incompatibility. The potential incompatibility relates
to the proposed policy which is summarized below:
Policy l(g) directly notify the Planning Council of all
proposed and approved annexations
The City's Comprehensive Plan does not address this proposed
Policy and the Intergovernmental Coordination Element should be
amended to include this provision if adopted by the Planning
Council.
Housing:
There are three (3) policies in this subject area all of which
are potential incompatibilities. The potential incompatibilities
relate to the proposed policies which are summarized below:
Policy 1 streamline development review and permitting
processes in an effort to eliminate
duplication, decrease costs and facilitate
affordable housing
Policy 2 accommodate housing needs of very-low, low and
moderate income population
Policy 3 provide affordable housing in a manner that
would enhance the natural integration of the
public school system
Each of these potential policy incompatibilities is refuted as
they are adequately addressed by existing policies in the City's
Comprehensive Plan (Land Use and Housing Elements).
. .
P&Z Staff Report
Intergovernmental Incompatibilities
Palm Beach Countywide Planning Council
Page 10
FUTURE LARD USE ELEMENT POLICY INCOMPATIBILITY FINDING:
The City of Delray Beach has reviewed the thirty-three (33)
potential policy interjurisdictional incompatibilities identified
by the Palm Beach County Areawide Planning Council and concluded
that:
1. thirteen (13) can be refuted, and
2. twenty (20) will require possible amendments to the
City's Adopted Comprehensive Plan.
The method of resolution of each of the potential policy
incompatibilities is provided on the response forms prov ided by
the Planning Council, which will be attached to the resolution
approved by the City Commission.
SUMMARY:
After discussions between the City of Delray Beach and the five
(5 ) adjacent local governments all of the potential seventy-six
(76) land use incompatibilities were resolved. Therefore, no
land use plan incompatibilities exist between the City and these
local governments.
Of the sixty-five (65) proposed policies in the Future Land Use
Element of the Palm Beach County Areawide Planning Council
thirty-three (33) potential incompatibilities were identified by
the Council. Of these, thirteen (13) are refuted specifically
by goals, objectives or policies in the City's Comprehensive Plan
or by discussions within the Plan (irrelevance of agricultural
requirements, etc. ) . The remaining twenty potential
incompatibilities are not specifically addressed in the City's
Comprehensive Plan and the Plan should be amended to address
these Planning Council policies upon adoption of the Council's
Future Land Use Element.
ALTERNATIVES:
1. Recommend approval of a resolution by the City Commission
forwarding the findings noted above and the required
response forms to the Palm Beach County Areawide Planning
Council.
2. Schedule a special workshop to review each of the potential
incompatibilities and response forms prior to making a
recommendation to the City Commission.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f0t
SUBJECT: AGENDA ITEM # 81: - MEETING OF SEPTEMBER 25, 1990
AWARD OF BIDS AND CONTRACTS
DATE: September 21, 1990
This action is for the award of the following bids and contracts:
1. Water Storage Tank- Miller Park- Elkins Constructors,
Inc. in the amount of $1,835,000 with funding from Water
and Sewer- Miller Park Storage Construction (Account No.
441-5181-536-69.02). Account balance $1,835,000. City
Manager recommends approval.
2 . Front-end Loader- Streets Division- John Deere
Industrial Equipment Co./Neff Machinery (State Contract) in
the amount of $56,443 with funding from Public Works
Automotive (Account No. 001-3113-541-60.84- balance
$29,540) and General Fund Capital Reserves (Account No.
334-3141-541-60.84 balance $27,400). City Manager
recommends approval.
3. Lot Mowing and Clearing- Code Enforcement- Macs
Excavating (primary) , Coastal Construction Service and
Richard Walcott and Son (secondary) at an annual estimated
cost of $60,000 with funding from Accounts Receivable- Lot
Clearing, Mowing, Trees (Account Nos. 001-0000-115-26.00,
27.00, and 28.00). City Manager recommends approval.
.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott, Jr.. Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director ~4
DATE: September 17. 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 25, 1990 - BID AWARD - BID #90-63
WATER STORAGE TANK @ MILLER PARK
Item Before City Commission:
The City Commission is requested to award contract to low bidder, Elkins
Constructors. Inc. , in the amount Per the Budget
Director, funding is from: I~f{) . I Lc' cl--/l):IIett. let1.k
( tOI~ l- ) .
Background:
Scope of Work
Construction of a 1.5 million gallon prestressed concrete water storage
tank and a booster pumping station at Miller Park.
Bids for this project were received on September 6, 1990 from nine (9)
contractors, all in accordance with City purchasing procedures. (Bid
1190-63. Documentation on file in the Purchasing Office.) A tabulation
of bids is attached for your review.
The low bid was submitted by Elkins Constructors. Inc. Post, Buckley.
Schuh & Jernigan, Inc. recommend award to low bidder, per their attached
letter.
Recommendation:
Staff recommends award to low bidder, Elkins Constructors, Inc., for the
total base bid amount of $1,835,000. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from PBS&J
Recommendation from Public Utilities
Explanation of Pricing Alternatives
pc William Greenwood
George Abou-Jaoude
PBSJ POST. ENGINEERING
BUCKLEY, rLANNING
SCHUH &.. ARCHITECTURE
JERNIGAN. INC.
September 10, 1990
Mr. William H. Greenwood
Director of Public Utilities
City of Delray Beach
200 N. W. First A venue
Delray Beach, FL 33444
RE: Bidding of Miller Park Storage Tank and Booster Pumping Station
Dear Mr. Greenwood:
Enclosed please find the bid tabulation and analysis of the bid of the subject project
for your use.
Based on a comparison of the bid analysis, Elkins Constructors, Inc. is the lowest
responsive and responsible bidder in all respects when comparing the total base bid
as well as any of the adjusted bid alternates. Based on PBS&J's analysis of the bid
proposals, our working knowledge of the bidder, and the good reputation of Elkins
Constructors, Inc., PBS&J recommends that the project, if awarded in whole or in part,
be awarded to Elkins Constructors, Inc. We have requested information for the masonry
and irrigation subcontractors listed by Elkins in their bid form. Tbe information requested
includes financial and bonding capability, limits of insurance, experience and references.
When we have completed our investigation of these subcontractors, we will forward
our recommendation to you regarding these subcontractors.
PBS&J also feels that this was a well bid project with a sufficient number of bidders
to ensure a fair contract price. The bids for the deductive alternatives reflect fair
pricing of these items. If the City wishes to include any of the deductive alternates
in the contract price, please let us know which ones so that we can prepare the conformed
contract documents.
If you require any additional information or assistance from us to help you in the award
process, please contact me.
Very truly yours, J~
ze;J. .J
J. Richard Voorhees, P.E.
Project Manager
Imv-027
10-375.31
~'~~~::,~~M~~~;~~f'r;:~ay~eaCh
Robert Morrell, P .E., PBS&J
Ed Copeland, P.E., PBS&J
David Wheeler, PBS&J
Del Younker, PBS&J
WINTER PARK rLAZA. 1 S60 ORANGE AVENUE. SUITE 700. WINTER PARK. FLORIDA 32789
TIl: 407/647-7275' FAX: 407/740-8958
MEMORANDUM
TO: Ted Glas
Purchasing Director
THRU: William H. Greenwood
Director of Public Utilities
FROM: George Abou-Jaoude
Dep. Dir. of Public Utilities/projects
SUBJECT: MILLER PARK STORAGE TANK AND BOOSTER
PUMP STATION
BID AWARD
PUBLIC UTILITIES PROJECT #90.09
DATE: September 14, 1990
Enclosed please find a copy of the tabulation and award
recommendation prepared by PBS&J for the project stated
above. The Public Utilities Dept. have no problem with the
award to Elkins Constructions, Inc. in the amount of
$1,835,000.00.
Please include this project on the next City Commission
Agenda for award. Thank you.
GAJ/gm
Ene.
cc: fileimpst9009
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott, Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director //r
DATE: September 11, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 25, 1990 - PURCHASE AWARD -
FRONT-END LOADER FOR STREETS DEPARTMENT
Item Before City Commission:
The City Commission is requested to award contract to John
Deere Industrial Equipment Company, c/o for
one (1) front-end loader, at a cost of Per the
Budget Department, funding is from:o~ - . /)J'I-JN/-Slfl-W.ft<.,
(, a.~ i -I' I.- ) .
al4 fU7t1D.~:,)~ .
Background: jt 7/ttho
A requisition has been received from the Streets Department
for one (1) front-end loader, per the attached memorandum.
A John Deere 544E loader is available via Florida State
Contract, at a total cost of $56,443.
The Streets Department has evaluated and inspected this
equipment and found it to be acceptable for their use.
Recommendation:
Staff recommends award of this purchase to John Deere
Industrial Equipment Company. c/o Neff Machinery, at a total
cost of $56,443.. via Florida State Contract. Funding as
outlined above.
Attachments:
Documentation - State Contract
Memorandum from Streets Department
pc Mark Kilbourne
PUBLIC WORKS
M E M 0 RAN DUM
TO: Ted Glas, Purchasing Director
FBOM~ Mark Kilbourne, A'-:.:tir.g Street,.:. ~~,uperintendc.i!J~
DATE: September 11, 1990
SUBJECT: Loader Purchase
I would like to recommend the purchase of a John Deere 544E
front end loader, via state contract to replace our current
loader a 1972 Caterpillar 920. I have evaluated the
John Deere, and found that it will meet our needs. Money is
available in the following account numbers:
001-3113-541-60.84
334-3141-541-60.84
Although repair costs have been high due to the constant
heavy use of the machine, ($19045.00 since October 198.<3), I
would like to keep this loader as an emergency backup and to
reduce the workload of the new machine.
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April 1990
..' ';1
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John Deere Industrial Dealers
State ot Florida
!ndystrial Tractor Co., Inc Industrial Tractor Co.
6870 Phillips H_y u. S. 90 & Baya Ave.
JaCksonville, FL 32216 Lake City, FL 32055
904-731-5400 904-752-9544
Beard Equipment Company Neff Machinery t
u.s. 9U Alt. at Int 10 4343 Northwest 76th Ave. :
Pensacola, FL 32506 Miami, FL 33166
904-476-0277 305-592-5740
Beard Equipment Company Hi~hland Tractor Co.
4625 Hwy 231 North 1-75 & S.R. 326
Panama City, FL 32401 Ocala, Fl 32670
904-769-4844 904-732-4646
Flint Equipment Co Neff Machinery
4017 Woodville Hwy. 4333 John Young Parkway
Tallahassee, FL 32301 . Orlando, FL 32804
904-877-2168 407-299-1212
Brookins Tractor Corp. Neff Machindry
Highway 345 West 2611 Hammondville Road
. Chiefland, FL 32626 Pompano Beach, FL 33069
"
.
904-493-4121 305-972-3535
."':.;j.; Neff Machinery Tampa Tractor Company
;~~ ,:~;,..~,. . l
.xl~~" 2995 Hanson Street 5102 N. 56th St.
..-..\." -.. .....~.
'r-""~' .,~' Ft. Myers, FL 33901 Tampa, FL 33610
813-334-3627 813-621-4902
Neff Machinery Flint Equipment Co.
3933 Beeline Hwy Highway 27 East
West Palm Beach, FL 33404 Perry, FL 32347
407-848-6618 904-584-9200
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director #~
DATE: September 14, 1990
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
SEPTEMBER 25, 1990 - BID AWARD - BID #90-87
LOT MOWING & CLEARING FOR CODE ENFORCEMENT
Item Before City Commission:
The City Commission is requested to make multiple awards to
contractors as stated below, at an estimated annual ~ o~ $60,000. .
Per the Budget Director, funding is from: tftttni-lJ 5 VVtd-fr./ -/4 Cfjat. L,~ J
( t!7 01- l)ooo - /I? - d&;,) ;1.. .-" ...z f )'" mow'- j
-r;~
Background:
The Code Enforcement Division has need for an annual contract for lot
mowing and clearing based on estimated annual quantities.
Bids for this contract were received on August 23, 1990 from four (4)
contractors, all in accordance with City purchasing procedures. (Bid
1190-87. Documentation on file in the Purchasing Office. ) A
Tabulation of Bids is attached for your review.
Recommendation:
Staff recommends award to low bidder, Macs Excavating, Inc. as the
primary contractor. It is also recommended that awards be made to
second and third low bidders Coastal Construction Service and Richard
Walcott & Son as secondary contractors in the event the primary
contractor can not complete the work loads in the required time
frame.
Attachments:
Tabulation of Bids
Recommendation from Code Enforcement
pc Lula Butler
.
M E M 0 RAN DUM
TO: Jackie Rooney, Bid Specialist ~
FROM: Richard Bauer. Code Enforcement Administrator
THRU: Lula Butler, Community Improvement Director
SUBJECT: LOT CLEARING AND MOWING FOR CODE ENFORCEMENT BID #90-87
DATE: September 11, 1990
Based on the tabulation of bids for Bid #90-87, it appears that Mac's
Excavating, Inc. is the low bidder and therefore Mac's is recommended to be the
primary vendor for Code Enforcement.
I noted that Mac's did not submit a copy of a City Occupational License (County
Occupational License was in the bid package). Prior to utilizing Mac's service,
they will have to obtain a City Occupational License.
We also intend to utilize the other vendors who submitted bids as secondary
vendors in the event the primary vendor can not perform additional work in the
required time frame. Secondary vendors will be utilized in the order of their
bid prices (lowest to highest).
RB:mh
TABULATION OF BIOS
AUGUST 23, 1990 BID 190-87
LOT CLEARING AND MOWING
Macs Excavatin~ r Richard '\
Coastal Smith Bros.
, .
ITEM EST. ANNUAL Inc. Construction i Walcott Contract~I1fnl"
- . i
,- DESCRIPTION QUANTITY
CATEGORY I - VACANT LOTS - MOWING I
I
1. lOTS UP TO 3375 SQ FT 8.00 1 20.00 1 30.00 1 50.00 1
(APPROX. 25' X 135') 160
1,280.00 3200.00 4800.00 8000.00
FLAT RATE
2, LOTS OVER 3375 SQ FT 12.001 25.00 1 40.001 100.00 1
UP TO 6750 SQ FT 170
FLAT RATE 2,040.00 4250.00 6800.00 17 ,000.00
-
I
LOTS OVER 6750 SQ FT .
3. 1175.00 1
UP TO 13,500 SQ FT 82 16.00 I 35.001 60.00 I
FLAT RATE 1.312.00 2870.00 4920.00 14,350.00
.. LOTS OVER 13500 SQ FT .80 I 1000
FLAT RATE .99 11000 1.75 p/1000 sq. .20.00 I 1000
PER/l000 SQ FT sq. ft. sq. ft. ft. - Isq. ft.
CATEGORY II - lOTS WITH BUILDINGS I
1. lOTS UP TO 3375 SQ FT I
(APPROX. 25' X 135') 1.0 12.00 I 20.001 40.00 1 !50.00 1
FLAT RATE 1,680.00 2800.00 5600.00 17000.00
2, LOTS OVER 3375 SQ FT
UP TO 6750 SQ FT 20 16.00 / 25.00 1 65.00 / 100.00 /
FLAT RATE 320.00 500.00 1300.00 2000.00
3. lOTS OVER 6750 SQ FT
UP TO 13,500 SQ FT 10 22.00 / 35.00 / 95.00 p/I000 sq 175.00 1
FLAT RATE 220.00 350.00 fto - 950.00 1750.00
.. lOTS OVER 13500 SQ FT 1.10 1 1000
FLAT RATE .99 / 1000 sq. 2.00 p/l000 sq. 20.00 / 1000
PER/l000 SQ FT sq. ft. ft. ft.- sq. ft.
CATEGORY III - TRASH - REMOVAL OF TRASH
12.00/ 15.00 / 15.00 / 35.00 1
1. BID PER MAN HOUR 1,09. 13,128.00 16410.00 16,410.00 38,290.00
CATEGORY IV - OVERGROWTH/UNO RGROWTH - REMOVAL OF
15.00 / 15.00 I 15.00 45.00 /
1. BID PER MAN HOUR 1,668 25,020.00 25,020.00 25,020.00 75,060.00
,
COMMENTS/EXCEPT1ONS
I
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,,~
SUBJECT: AGENDA ITEM # q ft - MEETING OF SEPTEMBER 25, 1990
DEL AIRE COUNTRY CLUB MEDIAN MAINTENANCE AGREEMENT
DATE: September 21, 1990
This item is before you for approval of an agreement between the City
and Del Aire Country Club transferring the maintenance responsibility
for the three landscape medians on Military Trail adjacent to the Del
Aire Country Club to the City.
Per direction received at that January 9th meeting the City Attorney/s
office has been negotiating an agreement between the City, Del Aire,
and the County. Under the provisions of this tri-party agreement,
the City will be responsible for maintaining the median, and for the
replacement of landscape material if needed, subject to budget. Del
Aire will be responsible for maintaining all pumping facilities and
lines, providing water, and paying for all utility charges. In
addition, if the landscaping is damaged as a result of insufficient
irrigation, Del Aire would be responsible for the replacement of that
material. The City agrees to indemnify the County to the extent
permitted by law, for all claims which may arise out of the
maintenance responsibility governed by the permit. Another provision
of the agreement provides a "funding out" clause. Should the City
fail to budget funding for the maintenance of the medians, Del Aire
will assume all responsibilities, duties and liabilities governed by
the permit.
The County is currently reviewing this proposed agreement. We
anticipate receiving a formal response from them prior to your Tuesday
evening meeting.
Recommend approval of an agreement for the maintenance of three
medians on Military Trail adjacent to the Del Aire Country Club, if
the Commission is willing to add $4,935 to the FY 91 Parks and
Recreation budget for contract maintenance.
---~. _._.._-~ -_..~._.-
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[ITY DF DELRAY"BEA[H,"" .
. ---: -~:'
.~,_,."_"~J.~'~~~~?~~-.~_ .
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
Permit No.
Fee:
Date:
Del Aire Country Club P.O.A.
4646 White Cedar Lane
Delray Beach, FL 33445
and
-
The City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Subject: Military Trail - Install Median Landscaping and
Irrigation 1400' South and 700' North Oak Boulevard /
Maintenance
Permit is hereby granted for landscaping and maintenance within
the right-of-way of Military Trail, subject to your acceptance
of the ~lowing conditions:
'- --
1- That all landscaping within the right-of-way of Military
Trail shall be owned by Del Aire Country Club Property
Owners Association (Del Aire) , its successors, legal heirs
and assigns.
2. All landscaping (including grass and irrigation) located
within the medians shall be the maintenance responsibility
of the City of Delray Beach, Florida, a Florida municipal
corporation (the City) . The areas covered under the
agreement shall be the entire median. The City is not the
owner, successor, legal heir or assign of Del Aire and
shall have only those responsibilities as expressly
contained herein.
3. While the City shall be responsible for the maintenance of
all landscape materials and irrigation within the medians,
the City shall not be responsible for any improvements,
whatsoever east of the medians which may include, but not
be limited to feeder lines, pumps, pump stations, pump
systems, underground lines, electric sources.
..
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4. Del Aire, its successors, legal heirs, and assigns shall
be responsible for every improvement of whatever kind and
maintenance thereof, east of the medians which may
include, but not be 1 imi ted to feeder lines, pumps, pump
station, pump system, underground lines and electric
sources. Del Aire, its successors, legal heirs and
assigns shall be responsible for ensuring that a source of
irrigation water is available for maintenance and for
the operation of the pump station and pumping system, and
shall be responsible for all charges for electric and
other utility services.
5. The City shall be responsible for normal replacement of
landscape material, subject to budget, but shall not be
ultimately responsible for replacement of any plants,
trees, shrubs-, or ground cover which have failed as a
result of irrigation which was the result of negligence on
the part of Del Aire. Del Aire, its successors, legal
heirs and assigns shall be responsible for replacement of
plant material which fails as a result of insufficient
irrigation. Upon demand by the County, the City shall be
responsibl for the replacement of landscaping, subject to
a budget, which requires replacement for whatever cause.
However, he City shall seek reimbursement from Del Aire
Country lub, P.O.A.. if said failure is a result of
insuffici nt irrigation which was a result of negligence
on the pa t of Del ~ire Country ClubP.O.A. " '," ." ,
::WV v:lJd!... Vfi4-U{;fj,U.M.:t" 4/tIlMjP;("/v/. 14-iVC<<iA /,,'--').,;1 ,/t,fV'zt.k:'-.-
6. T~ City s all have free and unl~mited access to t e~..cfz.vt-:
.,lri:"f9ation system and shall determine the days and length f)y_()~
of the irrigation cycle.. ~j
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7. Any Transfer of this Permit shall require the prior t-1.fr ',':(,1
approval of the Offices of the City Engineer, the County <11';'
Engineer.
8. That Del Aire, its successors, legal heirs or assigns,
jointly with the City, shall obtain a permit from the
Office of the County Engineer for any and all additions or
modifications to the landscaping within the right-of-way.
9. That no sight obstructions for the traveling public on
Military Trail shall be caused by the installation of the
landscaping within the right-of-way.
10. Del Aire, its successors, legal heirs or assigns, as
owner, shall upon request and within 30 days after notice
by the Palm Beach County Engineer, remove or relocate the
landscaping from the right-of-way of Military at no
expense to Palm Beach County. This request can be
initiated by the County Engineer with or without cause.
II. That the City of Delray Beach, Florida, its officers,
agents, and employees, any successors, legal heirs or
assigns, to the extent permitted by law, shall indemnify
".~ _. - .. -
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and hold Palm Beach County harmless from any and all
claims, liability, losses and causes of action which may
arise out of the maintenance responsibility of this Permit.
The City of Delray Beach, Florida shall, to the extent
permitted by law, pay all claims and losses of any nature
whatsoever in connection with its maintenance
responsibility, and shall defend all suits in the name of
Palm Beach County where applicable, and shall pay all
costs of judgments which may arise thereon. However,
nothing contained herein shall be deemed a waiver of the
City's sovereign immunity pursuant to Florida Statutes
Section 768.28.
12. That Del Aire, its successors, legal heirs or assigns, as
owner, on demand of the Palm Beach County Engineer, shall,
at its expens~, promptly correct any failure of the
landscaping within the right-of-way of Military Trail that
in the County Engineer's opinion caused or contributed to
the damage or failure of any part of or drainage
facilities related thereto. Del Aire, its successors,
legal heirs, or assigns, shall in such case also at its
expense, repair the damage or failure. Palm Beach County
shall have the right to make any and all repairs, and in
the event Palm Beach County should exercise and give
effect to such right, Del Aire, its successors, legal
heirs or assigns,. shall be liable to pay and indemnify
Palm Beach County upon completion of said repairs, the
final total cost of Palm Beach County thereof, including
bu~ot limited to engineering, legal contingent cost
.!:oge er with any damages, either direct or coincidental
which Palm Beach County may sustain on account of failure
of Del Aire, its successors, legal heirs or assigns, to
carry out and execute all of the provisions of the Permit.
l3. That the Palm Beach County Engineer shall be the sole and
final authority as to the placement of landscaping and the
quality and quantities of materials used in the
installation of said landscaping and construction method
thereof.
l4. In the event of widening or repair or reconstruction of
Military Trail and after notification from the County
Engineer, Del Aire, its successors, legal heirs or assigns
shall immediately remove or relocate the landscaping
within the right-of-way of Military Trail, Palm Beach
County.
15. If the landscaping is not removed or relocated pursuant to
Sections lO and l3 of this Permit, Palm Beach County shall
have the right to remove or relocate said landscaping and
Del Aire agrees to pay all costs thereby incurred by Palm
Beach County.
16. Roadway traffic shall not be interfered with during the
hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
... ." .-, -." ... "' ..--. ,,~ ..,
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i Traffic control for installation and future maintenance
1 shall be in accordance with the Florida. Department of
Transportation, "Manual on Traffic Controls and Safe
Practices for Street and Highway Construction, Maintenance
and utility Operations".
17. The installation shall be construed in full accordance
with the plans as referred to in the Permit and a set of
plans bearing the stamp of approval of the office of the
County Engineer, along with general conditions, shall be
present at the site at all times during construction. In
the event that additional construction is required within
the confines of the work, the general conditions as stated
herein and the original permit are applicable. Deviations
from the plans shall be coordinated with the Office of the
-- County Engineer.
18. Notification shall be given to the Construction
Coordination Division, 684-4180, 48 hours prior to the
commencement of work. The County Engineer's Office shall
establish, at it discretion, points of construction that
require inspection. Contact the above number when the
work is deemed complete, and a final inspection shall be
held by the County Engineer's Office in the presence of a
representative of the Permit holder.
19. The City's responsibility as required herein are subject
to budget. The City's responsibility shall be reviewed
ye~y at formal budget sessions. The City's
.--EeSpOOsibili ties as set forth herein shall continue from
year to year if approved as part of the budget. The City
reserves the right to withdraw from the maintenance
responsibility permitted herein, if funds are not budgeted
for maintenance, wherein Del Aire Country Club P.O.A., its
successors, legal heirs and assigns shall then assume fti::r'
i1v responsibilities", duties and liabilitY\e-f- this permit.
~ /lFlAv,dulCL LO-htu-. ~ M
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CITY OF DELRAY BEACH, RIDA ~r- Wi
By:
Mayor
Attest:
City Clerk
Approved as to legal form
and sufficiency:
City Attorney
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DEL AIR COUNTRY CLUB, P.O.A.
By:
Witness
Witness (Corporate Seal)
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this
'-
-
day of , 19 , 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 seal in - the County and State
aforesaid this day of , 19 .
-
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~~ Notary Public
My Commission Expires:
PALM BEACH COUNTY
By:
Witness
,
.
Witness
Approved as to legal sufficiency
and form:
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AME RICA'S PROS
A Division of Fuhrman Enterprises !
5385 Adams Road ,
Delray Beach, Florida 33484
( 4 07 ) 495-1675
,
:
December 11, 1989
Dear Mr. Weldon: i
Enclosed please find the proposal for lawn & landscaping
maintenance for the three median strips designated along Military
Trail, starting north of the canal at the Boca / Delray line.
As you requested, all prices and schedules are in accordance with
the already accepted contract for W. Linton Blvd., P.O.i 17767-1.
We have established the enclosed schedule of prices to coincide
with that of Linton Boulevard.
- . ... ~
Should you have any question.s, please contact us anytlmeat the
number listed above. ,.;,-,
.l/
Sincerely yo~ nftl
/(/;:Z
.1!~~
Earl W. Fuhrman
THREE MEDIANS NORTH OF BOCA I DELRAY LINE
SCHEDULE OF PRICES
UNIT TOTAL
DESCRIPTION QUANTITY PRICE PRICE
Mowing 43 30 1290
Trimming & Edging
Trimming 43 10 430
Edging 22 10 220
Weed Control 22 30 660
Pruning
Shrubs 12 15 180
Trees & Queen Palms 12 20 240
Accent Trees ( Black Olives) 6 20 120
Litter Control 43 10 430
Irrigation Inspections ( wi Ci ty ) 22 10 220
(if needed)....
Chemical Applications ---
Turf Insecticide 2 45 90
Turf Fert. - St. Augustine 1 30 30
St. Augustine Weed & Feed 2 45 90
St.Augustine InsectlFert Combo 1 45 45
Shade Tree Fertilization 2 40 80
Palm Tree Fertilization 4 45 180
Shrub Fertilization 3 40 120
Mulch 3 170 510
TOTAL 615. 4935.
GRAND TOTAL WRITTEN AMOUNT Four thousand nine hundred thirty-five Dollars
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1-
SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 25, 1990
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: September 21, 1990
We received a request for conditional use approval to construct an off
site parking lot on a parcel zoned RM-15 in conjunction with the
Bermuda Inn expansion project. The development proposal consists of
constructing an off site parking area across from the Bermuda Inn on
the west side of Salina Avenue. Currently a one-story single family
residence and a one-story duplex exist on this site. Those structures
will be leveled to accommodate the proposed parking lot. The parking
lot will contain 20 parking spaces (eight compact and 12 standard) and
will have two ingress/egress points from Salina Avenue.
With the adoption of the new Land Development Regulations, off site
parking areas will only be allowed on property within 300 feet and
containing the same type of zoning designation as the principal use.
However, this request has "beat the clock" and has therefore been
reviewed under the existing Code.
The Planning and Zoning Board at their September 17th meeting reyiewed
this request. There were several letters of opposition received and
ten individuals spoke in opposition to this proposal. Factors cited
in opposition included the substandard condition of Salina Avenue;
disruption of the residential character, and increased traffic. The
Planning and Zoning Board therefore, by an unanimous vote, recommends
denial based upon findings that this request is incompatible with
adjacent properties and the neighborhood. A detailed staff report is
attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM: ~.-{~~~CTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST FOR OFF-SITE
PARKING IN RM-15 ZONING FOR AN ABUTTING L.C. DISTRICT
PROPERTY (Bermuda Inn Expansion)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to establish an off-site parking lot
for a proposed expansion of use at the Bermuda Inn.
The Bermuda Inn is located off A-1-A, south of Boston's.
The proposed parking area is located on the west side of
Salina Avenue, behind the Bermuda Inn.
BACKGROUND:
The current code allows the establishment of off-site parking in
residentially zoned areas for the benefit of abutting commercial
property. In order to receive permission to do so require, the
processing and approval of a conditional use request.
The request at hand is the first step in a proposal which is to
ultimately result in the addition of a small restaurant and a few
units to the Bermuda Inn. This conditional use request is
weighed on its own merits. Please refer to the Planning and
Zoning Staff Report which provides a complete description and
analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, at its meeting of September 17th,
held a public hearing in conjunction with review of the request.
There were several letters of opposition and ten (10) individuals
spoke in opposition. Factors cited in opposition included:
* The substandard condition of Salina Avenue;
* Disruption of the residential character along the west
side of Salina Avenue;
* Concerns regarding safety as the request would result
in increased traffic along Salina Avenue;
.
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City Commission Documentation
Bermuda Inn Expansion
Page 2
* The result wherein this approval would negate previous
development actions by Boston's and others which
minimized traffic impacts along Salina Avenue.
After taking public testimony, reviewing the staff report, and
stating their own views which included descriptions of visits to
the site, the Board on a unanimous vote (7-0) recommended that
the request be denied for failure to be deemed compatible with
adjacent properties and the neighborhood.
RECOMMENDED ACTION:
By motion, deny the conditional use request for off-site parking.
Attachment:
* P&Z Staff Report of September 17, 1990
* Seventeen (17) letters of opposition are available for
review in the Planning and Zoning Department office
DJK/#7l/CCBER.TXT
.
! -, .l_ t -\ l \J 1 \j 1 1\1 G 8 ZONING BOARD
CITY OF OELRAY BEACH
--- STAFF REPORT - --
MEETING [)=tTE: September 17, 1990
AG~ ITEM: III. A.
A Conditional Use Request for Off-Site Parking on Property Zoned RM-1S in Order
1 TEM. to Accommodate Expansion of the Bermuda Inn. Proposed Lot to be Located on the
· WP.Rt Side of Salina Avenue Behind the Bermuda Inn.
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JI If Ih Govt. Lot 2
ID
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GENERAL DATA:
Owne r . . . . . . . . . . . . . . . . . . . . . . . . . . . Rolf & Virginia Heineman
Contract Purchaser.............. [-ll. F. Ilr s, Jerome Bigelow
Agent.......................... . Digby Bridges
Lac at ion. . . . . . . . . . . . . . . . . . . . . . . . West side of Salina Avenue
approximately 300' south of
Atlantic Avenue
Property Size................... 8,7)) sq. ft. Lots 17-19
City Land Use Plan.............. I.tedium Density 5-12 Du/acre
Existing Zoning................. RM-IS Multi-family
Adjacent Zoning..... ......... ... RI.t-IS to the north. south. and
\.lest and LC Limi ted Commercial
to the east
Existing Land Use............... One single family and one duplex
structure
Proposed Land Use............... 20 parking spaces
Water Service................... A 2" main exists along the west.
property line.
ITEM: III. A.
Sewer Service..... .............. ;,n 8" main exist.s within Salina
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a conditional use request to establish an off-site parking lot
for the Bermuda Inn located on A-I-A south of Atlantic Avenue.
The off site parking area will be located on the west side of
Salina Avenue, south of Atlantic Avenue, and immediately west of
the Bermuda Inn.
BACKGROUND:
The off site parking site will occupy three lots which currently
contain a I-story single family residence and a I-story duplex.
These two structures will be leveled to accommodate the proposed
parking lot. The single family residence was constructed in
1922. No permit or history was available for the duplex.
PROJECT ANALYSIS:
The off site parking area is located across the Bermuda Inn on
the west side of Salina Avenue. The parking lot will contain 20
parking spaces (8 compact, 12 standard) and will have two ingress
and egress points from Salina Avenue.
The off site parking area is part of a proposed overall expansion
of the existing Bermuda Inn motel located immediately east of
the site. The existing 2 story, 20 room motel will be modified
to add a 3,157 two story addition which will include the
following:
* 1,642 sq. ft. of restaurant area (1st floor) (site data
indicates 1,587 sq. ft. and is in error)
* 8 x 28 ( 224 sq. ft. ) outside patio
* 178 sq. ft. motel office (1st floor)
* 4 additional motel rooms (2nd floor)
The improvements will also include:
Remodeling of one of the existing 10 first story rooms (364
sq. ft. ) to restroom facilities for the restaurant facility.
Restriping of on site parking south of the motel from 9
existing spaces to 6 regular and 2 handicap spaces.
Modification of the 10 parking spaces west of the motel
which currently back out into Salina Avenue to 5 backout
spaces, a dumpster and a loading area.
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P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 2
This proposed 2 story addition will be attached to the existing
story at the northeast corner of the property. The building
setback will correspond with Boston's restaurant located
immediately to the north.
A development proposal for the off-site parking area and the
Bermuda Inn expansion was submitted for a combined conditional
use and site plan action. After reviewing the actions necessary
to obtain approval it was determined that the following approval
process was required:
* First, conditional use approval must be obtained for
the off-site parking area as allowed pursuant to
Section 173.771(D)(7)(b).
* Secondly, if conditional use approval is received then
a Board of Adjustment variance must be obtained for the
proposed shortage of parking (6 spaces).
* If a variance is granted the conditional use and site
plan for the main Bermuda Inn site will then be
considered.
The action before the Board at this time is the first step of
this approval process.
COMPREHENSIVE PLAN:
With the adoption of the new Land Development Regulations ( LDRs ) ,
off-site parking areas will be allowed only on property wi thin
300 feet containing the same type of zone designation (i.e.
commercial, industrial, office, etc. ) as the principal use.
However, under the current zoning regulations, off-site parking
areas can be established for various zoning designations
including L.C. (Limited Commercial) within the RM-15 zoned
district provided the parking area is adjacent to and abuts the
lot or parcel of land which the principal use or building is
located. This request has "beat the clock" and is reviewed under
the existing code.
The following Comprehensive Plan objectives and policies apply to
this request:
Future Land Use Objective A-l:
Vacant property shall be developed in a manner so that the
future use and intensity is appropriate in terms of soil
topographic, and other applicable physical considerations,
is complementary to adjacent land uses, and fulfills
remaining land use needs.
..
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P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 3
Future Land Use Policy A-2.2:
The maintenance of residential areas shall be achieved, in
part, through strict adherence to Policies A-I. 4 and A-2. 4
of the Housing Element. The upgrading of blighted areas
shall be accommodated through Policy B-2.3 of that Element.
Housinq Policy A-1.4 and A-2.4 which relates to residential areas
classified as "stable" or needinq "stabilization", are identical
and read as follows: :
That these neighborhoods be identified as "stable
residential" on the Land Use Map, that the most restrictive
residential zoning district which is applicable is affixed
on the zoning map, and that requests for rezoning to a
different zone designation, other than Community Facilities
be denied.
Though this development proposal does not involve a rezoning
action, it is clear from these policy statements that the intent
is to protect stable residential areas from encroachment of
nonresidential uses. However, it could be argued that the
introduction of a parking facility is in fact a community
facility.
Coastal Manaqement Element Policy C-3.1:
Remaining, isolated infill lots shall be developed under zoning
which is identical or similar to the zoning of adjacent
properties; and, the resulting development shall be of a design
and intensity which is similar to the adjacent development.
Coastal Manaqement Element POlicy D-3.3:
In addition to the existing type of commercial development along
Atlantic Avenue, the only other commercial development may be
located at the junctions of Ocean Boulevard and Atlantic Avenue
and shall be limited to tourist, resort and restaurant as opposed
to any retail, office, or convenient commercial use.
CONDITIONAL USE ANALYSIS:
The project was reviewed under criteria in Section 173.848
"Standards for Evaluatinq Conditional Uses" . The applicant
submitted a revised parking lot layout on September 5, 1990 and
the following analysis is based on that submittal.
Standard #1 (ingress and egress)
With the initial submittal the layout of the parking lot used the
adjacent street system (Salina Avenue) for it's internal
circulation, as well as proposed a one-way internal circulation
system which met a two-way system. A redesign was requested and
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 4
has been submitted. The revised design has provided two
ingress/egress points from Salina Avenue and two-way internal
circulation on site. Technically, the revised layout would
require someone that enters the site and bypasses a space to exit
on to Salina Avenue to reenter the site. However, due to the
limited size and layout of the parking area someone entering the
site will be able to survey the entire parking lot to determine
where available spaces are.
Standard *2 (parking and loading areas)
Pursuant to Section l73.773(D) a total of 39 parking spaces are
required for the 2,233 sq. ft. of restaurant use and 23 motel
rooms. On the main site a total of 13 spaces will be provided
while the off site parking lot will provide an additional 20
spaces (12 regular, 8 compact) . Compact spaces are allowed
pursuant to Section 173.775(B)(4) (Administrative Relief) for
long term employee parking. Administrative Relief has been
requested. A shortage of 6 parking spaces is noted. If
conditional use approval is granted, a Board of Adjustment
Variance will be required prior to processing of the Conditional
Use and Site Plan for the Bermuda Inn site expansion.
The off-site parking area is not included in the contract
purchase proposal for the Bermuda Inn site. Therefore, pursuant
to Section 173.771(D)(7)(c) the owner of the alternate off street
parking area and the owner of the principal use shall enter into
a written agreement with the City via a form approved by the City
Attorney. This agreement has been received and has been sent to
the City Attorney's office for review.
The Conditional Use approval for the off site parking area does
not require a loading area while the associated expansion of the
motel and restaurant does. This requirement is discussed under
this "use" proposal because, if relocation is appropriate, it
will effect the total number of parking spaces and the variance
action to follow.
The loading area is proposed adjacent Salina Avenue west of the
existing Bermuda Inn. This location is unacceptable for the
following reasons:
* The public right-of-way will be used for "the required
maneuvering apron.
* The roadway, Salina Avenue, is substandard in pavement width
(20' ) and can not be increased without additional
right-of-way dedications.
* The loading area is located along the west property line
while the primary use (restaurant) is located along the east
property line.
I
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P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 5
The Board should provide direction as to whether a loading area
should be provided in the proposed location, another location or
whether they would support a hardship waiver. A Hardship Waiver
option exists pursuant to Section 173.793 which states:
"For uses with less than 10,000 square feet of total floor
area, the Chief Building Official may waive or reduce the
loading requirements when ever the character of the use is
such as to make unnecessary the full provision of loading
facilities, or where such provisions would impose an
unreasonable hardship upon the use of the lot."
Relocation of the loading function closer to A-1-A would result
in a reduction of parking spaces along the south property line
which could be "picked up" by retaining existing back out spaces
along Salina Avenue.
Standard #3 (refuse and service areas)
This standard normally does not apply to this conditional use
request. It is noted the proposed location appears inappropriate
given the location of the restaurant, its primary user. If
relocation is required it may also result in a reduction of
parking spaces and effect the BOA variance request.
Standard #4 (utilities)
A 2" water main extends down the west property line of the site
east across Salina Avenue, and north under the existing Bermuda
Inn building. Relocation of portions of the 2" main to Salina
Avenue, will be required with the overall development proposal.
The Utility Department has indicated they will construct the
improvement concurrent with development and assess the developer
his fair share contribution. Final cost requirements will be
determined and attached as conditions of approval for the
conditional use and site plan for the Bermuda Inn site.
Standard #5 (screens and buffers)
The site varies in topography from 16.78' at Salina Avenue to 12'
along the west property line. These conditions create some
constraints in the way drainage on the site can be accommodated.
The initial parking lot submittal included a proposal to fill the
site to a uniform elevation of 17' and installation of a 7 '
retention wall along the west, and portion of the north and south
property lines. The compatibility of this feature with adjacent
residential and church uses was identified as a concern, and a
revised layout and drainage plan was submitted. The current
proposal involves filling of the site to a elevation of 14.7' and
installation of a 3.5' retention wall along the west and portions
of the north and south property lines.
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P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 6
Adjacent properties should be buffered from the visual and
headlight impact of the elevated parking lot. Pursuant to
Section 159.30 hedging 2' high along with trees 25' on center are
required. The applicant had proposed hedging ( 2 ' high and 3' on
center) as well as trees 25' on center. Pursuant to Section
159.28(C) hedging material is to be provided at a spacing which
will achieve a solid barrier within a year.
Due to the unique characteristics of this site it would be
appropriate to require higher and denser hedge material to assure
proper buffering soon after the establishment of the use. Per
the recommendation of the Site Plan Review and Appearance Board
(SPRAB) at its meeting of September 12, 1990, the hedge material
will be planted a minimum of 2' 6" high and 2' 6" on center.
Pursuant to Section 159.31, 6 internal trees are required. One
internal tree has been provided and is located along the north
property line. The applicant should provide the other 5 trees in
the large landscape islands at the northwest and southwest
corners of the site as well as in the central landscape median.
The applicant agreed to provide these trees during preliminary
review before the SPRAB on September 12, 1990.
Standard #6 (signs and lighting)
A lighting plan is required pursuant to Section 173.852(F)(12)
and has not been provided. With the submittal of the required
lighting plan, all lighting must be maintained on site and
directed away from adjacent residential area.
Signage locations are not provided. If signage is proposed it
should have little impact on adjacent properties.
Standard #7 (setbacks and open space)
The open space requirements for the conditional use request are
dictated by Section 159.31 (Internal Landscaping) and 159.30
(Perimeter Landscaping). All required open space has been
provided.
Setback requirements do not apply.
Standard #8 (compatibility)
Compatibility with residential uses to the north and south and
church use to the west is a concern. The revised parking lot
layout and drainage solution has significantly reduced the
potential impact to adjacent properties from a 7 ' retaining wall
to a 3.5' retaining wall. In addition, the proposed hedge line
with additions as described under Standard #5 and trees 25' on
center will help reduce negative aesthetic impacts increasing the
parking lots visual compatibility.
I
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 7
The establishment of this use will increase traffic on Salina
Avenue which is currently a substandard street of 20' . A high
parking turnover rate is usually associated with restaurant uses.
With the current circulation system, ingress to the parking area
will be from AlA as well as from Salina Avenue. However, all
egress from the off-site parking area must proceed north on
Salina Avenue until reaching Atlantic Avenue. This increased
traffic will be forced through an existing residential area.
Standard #9 (height)
With the establishment of a parking lot, impact of height from
potential structures will be eliminated. However, as the lot is
elevated the use creates concerns of aesthetic impacts on
adjacent uses. With the installation of higher and denser
landscape material as discussed under Standard #5 (screens and
buffers) this impact will be negated.
Standard #10 (economic effects on adjacent properties)
The establishment of a parking lot and the associated increase of
vehicular traffic could negatively impact adjacent properties.
The visual (aesthetic) impact can be minimized with the provision
of attractive and well buffered facility. However, traffic
impact can not be easily mitigated due to the constraints of the
current street layout (dead end) and developed nature
(restricting ability to collect additional right-of-way
dedications).
OTHER ITEMS:
The applicant has requested three waivers for the following
items:
* Pursuant to Section l72.16(P) a 50' right-of-way is required
for Salina Avenue. Twenty feet of right-of-way currently
exists requiring a 15' dedication from the off-site parking
parcel and a 15' dedication from the Bermuda Inn site. The
additional right-of-way could be accommodated on this site
resulting in a loss of two parking spaces. Accommodation of
the additional right-of-way from the Bermuda Inn site would
eliminate an additional 5 parking spaces and create a
building setback of only 7' . As the street is totally
developed it is unlikely that the balance of the
right-of-way necessary to widen the street will be obtained
in the near future. The current street dead ends
approximately 200' south of this site thereby further
limiting vehicular access.
* If a waiver is recommend pursuant to Section l72.l6(P)
(Right-of-way Width) a waiver from Section 102.22(A) which
requiring a minimum 24' pavement section will also be
required. A current pavement width of 20' is provided.
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 8
* A sidewalk is required on this site pursuant to Section
172.17. No sidewalks exist along this roadway and can not
be accommodated in the existing 20' right-of-way. To
accommodate a sidewalk system additional right-of-way or
easement dedications would be required.
Three letters of objection have been received and are attached.
One objection letter refers to a prior development proposal for
the Boston's off-site parking area. In reviewing the files,
objection to retention of existing back-out parking along Salina
Avenue is noted. Further, concerns with respect to the impact of
additional turning movements from Salina Avenue onto Atlantic
Avenue were expressed. Signalization of this intersection along
with restrictions to "right turn movements only" were suggested
and found to be unwarranted. It is noted that with final
approval of Boston's parking lot, a staff recommendation to
provide access onto Salina Avenue facilitating better circulation
was incorporated.
Plattinq: As the development proposal will occupy 2 platted lots
and a portion of a 3rd, it is appropriate that a boundary plat
incorporating the entire site be provided.
REVIEW BY OTHERS:
S.P.R.A.B. (Site Plan Review and Appearance Board):
The S.P.R.A.B. acting as the C.A.B. preliminary reviewed the
landscape plan on September 12, 1990. Modification was requested
providing the installation of the 5 required internal trees into
the center landscape median and landscape islands at the
northwest and southwest corners of the site and elevations. In
addition, the hedge material proposed around perimeter of the
site was to be increased in height from 2' to 2'6" and in density
from 3' on center to 2' 6" on center.
C.R.A (Community Redevelopment Aqency):
The C.R.A. reviewed the development proposal on September 10,
1990 and recommended approval of the expansion and the associated
off-site parking lot. The CRA expressed objection to the loading
function proposed on the main site along Salina Avenue because of
the negative traffic and visual impacts on adjacent residential
uses.
TECHNICAL ITEMS:
Though most of staff comments have been addressed with the
resubmittal, the following comments remain outstanding:
,-
P&Z Staff Report
Bermuda Inn - Conditional Use Request
Page 9
a. Pursuant to Section 159.31 (B) the unpaved portion of the
right-of-way adjacent to the property line shall be
landscaped with sod and irrigated. Provide note on the
landscape plan.
b. Provide traffic control (signing) for the off-site
parking area.
c. Provide curbing around sodded median within the off-site
parking area.
ASSESSMENT:
The development of an off-site parking area has raised concerns
of visual and traffic related compatibility with adjacent
properties. The elevated parking area creates concerns over
aesthetic impacts of the overall parking lot, the retention wall
and headlight impact on adjacent uses.
With the installation of proper buffering these concerns can be
greatly reduced. The major compatibility issue is one of traffic
impact. Traffic volumes will be greatly increased with the
Bermuda Inn (restaurant) expansion and all traffic from the off
site parking lot will be forced to utilize substandard Salina
Avenue.
With respect to consistency with the Comprehensive Plan, it can
be argued that the establishment of this use is incompatible with
a stable residential area. On the other hand, it is a community
facility which is specifically exempted.
The following items will need resolution by the Board at this
time:
- whether the loading function will be acceptable in the
current location, should be relocated, or support be given
for a hardship waiver.
ALTERNATIVES:
1. Continue with direction.
2. Recommend denial based upon a failure to make a positive
finding with respect to Standard #8 (compatibility) of
Section 173.848 (Standards for Evaluating Conditional Uses).
3. Recommend approval based upon positive finding with respect
to Section 173.848 (Standards for Evaluating Conditional
Uses) and subject to conditions.
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P&Z Staff Report
Bermuda Inn - Conditional Use Request -..,
Page 10
RECOMMENDATIONS:
By Separate Motions:
First Motion: Recommend approval based upon positive finding
with respect to Section 173.848 (Standard for Evaluating
Conditional Uses) and a finding of consistency with the
Comprehensive Plan subject to the following conditions:
I. Submittal of a revised landscape plan incorporating the
following items.
A. The installation of 5 ' internal shade trees in the
central landscape island as well as at the northwest
and southwest corners of the lot.
B. Submittal of a lighting plan with all lighting to be
retained on site and directed away from adjacent
residential areas.
C. Revision of proposed hedge material to a minimum of 2'
6" high and 2' 6" on center. .~
D. Technical items a and c under the Technical Item
section of the staff report.
2. Provision of proper traffic control (signing) .
3. Providing the required share of costs for improvements
associated with relocation and upgrading of the water main
impacted by this site.
4. Submittal and approval of a boundary plat.
5. Submittal and approval of an off site parking agreement as
required pursuant to Section 173.771(D)(7)(c).
Second Motion: Forward a positive recommendation to the City
Commission on granting a waiver from Section 172.16(P)
(Right-of-way), 102.22 (24" Pavement Width), and 172.17 (Sidewalk
Installation).
PD/#33/BERMUDA.TXT
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September 10, 1990
Mr. David Kovacs
Planning and Zoning Board
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fl. 33444
Re: Public Notice # 6 - 374
Dear Mr. Kovacs:
I am writing to inform you of my opposition to the proposed
zoning change of said property described in the Public Notice
# 6 - 374. Several years ago I purchased a piece of land
located at 17 - 21 Salina Avenue with the intent of demolishing
the two structures located on the property and constructing
a parking lot. After numerous site plan proposals, opposition
from all the abutters, thousands of dollars and a wasted year
and a half of time, I have a parking lot that is operating
at about one-half of maximum efficiency. All opposition was
based on the premise that Salina Avenue could not handle the
traffic. Therefore, even though my lot is located on Salina
Avenue my patrons must enter on AlA and exit on Atlantic Avenue.
I cannot see how this board can approve this zoning change
..
and allow a parking lot on the same Salina Avenue and be
-
consistent with prior restrictions.
Thank you for your consideration in this matter. I would
appreciate if this letter would be read into the public record.
Sincerely,
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Frank A. Flaminio
Salina Realty Partner --,--,"
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, Digby Bridges, l\1arsh & Associates, P.A.
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Ii , 124 N.E. 5TH AVENUE. DELRAY BEACH. FL 33483
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407-278-1388
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6 September 1990
City of Delray Beach
Planning and Zoning
Att: Nr. David Kovaks
Planning Director
100 N. W. 1st. Avenue
Delrcty Beach, FL 33444
Re: Bermuda Inn - Conditional Use Request
Dear David,
On behalf of the owners of the above referenced project, we would
like to request Administrative relief to provide eight ( 8 ) compact
spaces (employee) within our new proposed parking layout.
This request is based on the fact that within the very restrictive
development area, the proposed parking configuration will better
accommodate code requirements.
Thanking you for your cooperation.
Yours sincerely,
H & ASSOCIATES, P.A.
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CIIARTERED ARClll1EtTS - PLANSEUS -IN1ENIOR LJJ.;SICNl~RS
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: Digby Bridges, l\larsh & Associates, P..A.
:: I; 124 N.E. STIIAVENUE, DELRAY BEACH, FL33183
,I 407-278-1388
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10 September 1990
City of Delray Beach
Attn: Mr. David Kovacs
Planning & Zoning Department
100 N. W. 1st Avenue
Delray Beach, FL 33444
R~: Bermuda Inn - Conditional Use
Dear David:
On behalf of the owners of the above project, we would like to
request the following waivers:
(1) Request waiver to Section 172.16(P) to provide 40' R.O.W.
as exists in lieu of 50' as required.
The 40' R.O.W. exists and as Salina is a dead end, it
seems that 50' would not be necessary.
(2) Request waiver to Section 102.22(A) to reduce pavement
section as exists in lieu of 24' width as required.
No place on Salina is the pavement width 24', so this
request seems contrary to compatibility ''lith existing
conditions.
(3) Request waiver to Section 1 72.17 not to install
sidewalks.
No sidewalk exists, and therefore, would be reasonable
to allow this request.
Thanking you for your cooperation.
Kind regards,
Yours sincerely,
DIGBY BRIDGES,.HARSH & ASSOCIATES, P.A. _.~. _....,..,~. ~
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CIIARTENElJ ANCIIIlECTS - PI.ASNh.RS - Il\;11~:R10R DESIGNERS
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David Kovacs Sept. 11, 1990
Director of Planning & Zoning
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Mr. David Kovacs,
- -- -'1'111515 in reference to' yo-ur pUblic-hoeice-6":374.- .---+ -_._~--_. - -,
I am a resident owner at 36 South Ocean Blvd. Delray Beach. We do not want
the zoning changed for the Burmuda Inn property. I do not think we need
another Restaurant so close together.
Also Salina Street is no where near big enough to handle the traffic it
already has. The exit from Boston I s parking lot, which is also the exit from
our Condo is acmgerous. Several cars have been hit there. You should
straighten out these problems before adding more. Also there would be a
influx of large trucks up and down the street making deliveries.
We are ~y against another Restaurant in the area, and the parking lot
on Salina Street.
Thank You
'?J'14.'f?'T!~ ~Cf /rL.uh~l_
Mr. & Mrs. Jerry Kleehammer
-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttf:;1
SUBJECT: AGENDA ITEM #' - MEETING OF SEPTEMBER 25 1990
ORDINANCE NO. 2 -90
DATE: September 21, 1990
This item is an Ordinance amending the Code of Ordinance by repealing
and amending certain Code sections to provide for the implementation
of the Land Development Regulations. The second public hearing was
held on this item at your August 28th regular meeting. The public
hearing was closed and approval of the Ordinance deferred pending
further revisions to the LDR document. Appropriate modifications have
been made and thus, this item is before you for final ratification
action.
Recommend approval of Ordinance 25-90 as modified.
.
.
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I
I
ORDINANCE NO. 25-90
AN ORDINANCE OF THE CIT'{ COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CITY OF DELRAY
BEACH CODE OF ORDINANCES BY REPEALING CHAPTER 55,
"PU~LIC IMPROVEMEN'1'~ ~~D SPEC!:.:' 1\SSESSMENTS",
CHAPTER 114, " AMUSEMSNTS (CIRCUSES , CARNIVALS I ,
CHAPTER 150, "BUILDING REGULATIONS" , CHAPTER 151,
"COASTAL CONSTRUCTION", CHAPTER 152, "COMMUNITY
APPI!:1l1lANCE", CHAPTER 153, "SOIL EROSION CONTROL",
CHAPTER 155, "ELECTRICITY", CHAPTER 156, "FLOOD
HAZAlW CONTROL", CHAf'l'ER 157, "GAS CODE", CHAPTER
158, "HOUSING COOS", CHAPTER 159, II LANDSCAPING
CODE" , CHAPTER 160,1 "MECHANICAL CODE", CHAPTER 161,
"PLUMBING CODE", CHAPTER 162, "SIGNS AND BILL-
BOARDS", CHAPTER 163, "SWIMMING POOLS", CHAPTER 164,
"WELL AND SPRINKLER SYSTEMS", CHAPTER 165 , "UNSAFE
BUILPINGS", CHAPTER 1 7 0 , "COMMUNITY REDEVELOPMENT",
CHAPTER 171, "COMPREHENSIVE PLAN", CHAPTER 172,
"SUBDIVISION CODE", CHAPTER 173, "ZONING CODE",
CHAPTER 174, "HISTORIC PRESERVATION", CHAPTER 175,
"SAFE NEIGHBORHOOD IMPROVEMENT PISTRICTS, BY AMEND-
ING CHAPTER 113, "ALCOHOLIC BEVERAGES" BY REPEALING
SECTION 113.16, " AREAS AND LOCATION ~ SALES
PERMITTED' , SECTION 113.17, "SALE NEAR CHURCH OR
SCHOOL", AND SECTION 113.18, " BOTTLE, CLUBS;
NUISANCE", AND ENACTING LAND DEVELOPMENT REGULATIONS
PROVIDING ~OR COMPREHENSIVE REGULATIONS AND REQUIRE-
MENTS FOR THE DEVELOPMENT, ZONING AND LAND USE
PLANNING WITHIN THE CITY LIMITS, PROVIDING FOR THE
ADMINISTRATIVE PROCESS, RELIEF AND VARIANCES FROM
SUCH REGULATIONS AND REQUIREMENTS; PROVIPING FOR THE
ESTABLISHMENT O~ ZONING PISTRICTS; PROVIDING FOR THE
ENACTMENT OF AN OFFICIAL ZONING DISTRICT MAP,
PROVIDING FOR THE REZONING OF ALL PROPERTY WITHIN
THE CITY; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE 1 PROVIDING AN EFFECTIVE
DA'1'E.
I
WHEREAS, the City of Delray Beach adopted a Comprehensive Plan
pursuant to Chapter 113, Florida Statutes, becoming effective on Septem-
ber 1, 1990; and,
WHEREAS, pursuant to the City of Delray Beach's adopted
comprehensive plan, Chapter 163 of the Florida Statutes and the Florida
Department of community Affairs Administrative Rule 9J-5 the City of
Delray Beach is required to revise its existing land development regula-
tions to be consistent with the City's Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BI!:ACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by repealing chapter
1
~
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. 55, "Public Improvements and Special Assessments", Chapter 114, "Amuse-
ments (Circuses & carnivals), Chapter 150, "Building Regulations",
Chapter 151, "Coastal Construction", Chapter 152, "Conununity Appear-
ance", Chapter 153, "Soil Erosion Control", Chapter 155, "Electricity",
Chapter 156, "Flood Hazard Control", Chapter 157, "Gas Code", Chapter
lSa, "Housing Code", Chapter 159, "Landscaping Code", Chapter 160,
"Mechanical Code", Chapter 161, "plumbing Code", Chapter 162, "Signs and
Billboards", Chapter 163, "Swimming Pools", Chapter 164, Well and
Sprinkler systems", Chapter 165, Unsafe Buildings", Chapter 170, "Commu-
nity Redevelopment", Chapter :7:, ":omp:-ehansive Plan", Chapter 172,
"Subdivision Code", Chapter 173, "ZoninQ Code", Chapter 174, "Historic
Preservation", Chapter 175, "Safe Nei<}hborhood Improvement Districts",
by amending Chapter 113, "Alcoholic Beveraoes", by repealing Section
113. 16, "Areas and Location Where Sales Permitted", Section 113. 17 ,
"Sale Near Church or School", and Section 113.18, "Bottle Clubs;
Nuisance".
Sect10n 2. That the Code of Ord1nances of the C1ty of Delray
Beach, Florida, be and the same is hereby amended by enactino Land
Development Regulations to read as set forth in Exhibit "A" attached to
and incorporated within this ord1nance as if fully set forth.
;' Section 3. That all ordinances or parts of ordinances which
are in conflict herewith 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 jurisd.iction tP be invalid, such
decision shall not affect the validity of the r~ainder hereof as
whole or part thereot other than the part declared to/be invalid.
Section 5. That this ordinance Shall become effectl ve on
September 1, 1990; provided, however, that all applications for develop-
mental orders, as such are defined in Chapter 163, Florida Statutes,
which are pending on September 1, 1990 shall be processed and ruled upon
in accordance with the ordinances in effect o~ August 31, 1990.
PASSED AND ADOPTED in regular session on second and .f inal
reading on this the day of , 1990.
MAYOR
ATTEST:
City Clerk
First Readinq
Second Reading
2 ORD. NO. 25-90
Ii . _
---.... ~..... ~t' -~ - .-- ----- .~~- "l ~ .,---._~----=-"~._....,. ._._..__,...__.-.......--_
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VERETT' ADMINISTRATIVE ASSISTANT III
-~~VOPL-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 28, 1990
PUBLIC HEARING #2 RE PROPOSED LAND DEVELOPMENT
REGULATIONS AND OFFICIAL ZONING MAP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
completing the public hearings associated with formal
consideration of the proposed LDRs; and taking action on
specific items which have heretofore been presented and
discussed in public sessions.
BACKGROUND:
The LDRs had a previous public hearing before the City Commission
on August l4, 1990. Public testimony taken at that time and the
Planning and Zoning Board recommendation was then reviewed by the
Commission at its worksession of August 21st.
Revisions to the LDR document based upon changes resulting from
those reviews and other critiques are still being made to the
document. Also, it is anticipated that there will be further
public comment and further direction from the City Commission as
to changes to the document. Accordingly, the document will not
be in final form in time for enactment on August 28th. Thus, it
is suggested that following the hearing, the item be continued
to a Special Meeting on September 4, 1990, for final
consideration of the enacting ordinance.
Attached is a list of changes to the proposed Official Zoning
Map. This list includes only those requests which were
recommended by either the Planning and Zoning Board or by
consensus direction of the City Commission during the
worksessions. It is anticipated that at least two additional
requests will be brought forward ::ct the public hearing. These
are:
(a) deletion of the "s" designation from the Planned
Commercial (PC) designation for Delray Town Center,
Phase II
City commission Documentation
.public Hearing #2 Re Proposed Land Development Regulations and
Official Zoning Map
Page 2
(b) accommodation of retail designation at the southeast
corner of Lake Ida Road and Congress Avenue (the P&Z
Board had previously recommended no change i.e. retain
the proposed PCCi however, the owner did not appear
before the Board to present his arguments)
Also attached is a list of text changes as recommended by the
Planning and Zoning Board and concurred with by consensus of the
City Commission and as otherwise accommodated by consensus of the
Commission.
At the public hearing, another list of items (if any) may be
presented by the Director of Planning. This list would identify
other changes which should be accommodated. If such a list is
presented, it should be deferred for further consideration at the
special meeting of September 4, 1990.
RECOMMENDED ACTIONS:
1. Complete the public hearing process.
2. Act on items formally contained in the attached memorandum
and on new items formally presented during the public
hearing.
3. Defer consideration of items which cannot be readily
accommodated to the special meeting of September 4, 1990.
4. Defer consideration of the enacting ordinance to the special
meeting of September 4, 1990.
Attachments:
* list of recommended changes to the proposed zoning map
* list of recommended text changes
DJK/#72/CCLDR2.TXT
.
ATTACHMEIIT '1 TO CITY COMMISSION DOCUMEIITATIOR MEMORARDUM
REGARDING CONSIDERATION OF THE LOCAL DEVELOPMEIIT REGULATIORS.
CITY COMMISSIOR MEETING OF AUGUST 28, 1990
RECOMMENDED CHANGES TO TIlE PROPOSED OFFICIAL ZONING MAP
The follow changes to the proposed Official Zoning Map have been
recommended by the Planning and Zoning Board, reflect consensus
direction for accommodating, pursuant to City Commission
worksession discussions, or represent drafting and other
corrections put forth from the Planning Director.
** split consensus, needs resolve
Groups A - Pursuant to Planning and Zoning Board recommendations
I. St. Paul's Church, Swinton and SW 1st Street: OSSHAD to CF
2. Cason Church, Swinton and Lake Ida Road: OSSHAD to CF
3. Cason Church, deletion from Historic District Overlay
4. Barnett Bank/Zankle site, NE 4th St @ US 1: AC to GC
5. Lake Ida Area, per description: R-1AA to R-l-AAA
6. Gulfstream (Gold) Building: POC to SAD
7. Lakeview Golf Course: OS to R-1-AA and R-1-AAA
8.** Isles of Delray PRD-4 to SAD
9. Dockside Boats, 1200 S. Swinton Ave: I to MIC
Group B - Pursuant to City Commission consensus
1- Del Ida Professional Area, per exhibit: RL to RO
2. Shoppes of Seacrest, Seacrest & NE 22nd St.: RM to NC
3.** Former Nissan site, SW 10th st @ US 1: GC to AC
Group C - Drafting or other corrections
1. Add Historic District Overlays (delete St. Paul's Church)
2.* Area north of SE 3rd Street between US 1 Pairs: AC to CBD
3.* Del Air Golf Club golf course area: R-1-AA to OS
4.* The Hamlet golf course area: R-1-A to OS
5.* Fairways on the Green, Lowson OS to RM
6.* Removal of Dover Road between Lowson & Atlantic ---------
7. Tutor Time Day Care, Lake Ida Rd @ Davis Rd: POC to SAD
8. Aquilano Plaza, SW 5th Ave, south of SW 10th: SAD to POC
9 . Windy Creek Subdivision, West Atlantic: PRD-L to PRD
10. County land west of Tropic Palms by 1-95: OS to AG
11- Sunflower and Lake Forest original zoning of R-I-A & R-l-AA
12. Lots 19 to 43, Lakeview Drive: R-1-AAA-B to R-I-AA
.
13. SW and NW corner of Linton and Congress: clarity re POD
14. 8th St Market: (previously rezoned) RM to GC
15. Norris Office, SW 11th Ave & SW 1st St.: RM to RO
16. Church, NW corner of NW 6th Ave & NW 1st St: R-1-A to CF
17. NW corner of NW 6th Ave & NW 2nd St: CF to R-1-A
18. 1st Church of Christ Scientist,
SW 7th Ave & SW 2nd St: correct the CF
zoning to conform to the property
owned by the Church
* also reviewed and recommended by the Planning and Zoning Board
** split consensus, needs resolve
REF/DJK#71/LDRATTCH.TXT
- 2 -
.
ATTACHMElft' 12 TO CITY COMMISSION DOCUMENTATION MEMORANDUM
REGARDING CONSIDERATION OF THE LOCAL DEVELOPMENT REGULATIONS.
CITY COMMISSION MEETING OF AUGUST 28, 1990.
RECOMMENDED TEXT CHANGES
The following changes to the proposed text have been recommended
by the Planning and Zoning Board, reflect consensus direction to
accommodate pursuant to City Commission worksession discussions,
or represent non-substantive items as recommended by the Director
of Planning.
I. Section 1.1.5 (page I.1.2): Effective Date: The Chief
Building Official desires that any application in process prior
to the effective date be processed under previous code and that
any such application which desires to be processed by, or subject
to, the new code be resubmitted post the effective date (includes
new fee schedule).
2. Section I.4.2: (page I.4.1) Notice of Violations: Change
"Code Enforcement Officer" to "Code Compliance Administrator"
here and each time hereafter such reference is made.
3. Section I.4.4: (page 1.4.2) Penalty: This section needs
to be redone by the City Attorney in order to accommodate various
levels of penalties which are currently used.
4. Section 2.I.2(B): (page 2.1.1) Responsibilities of
Required Positions: Add language to accommodate the delegation
of items to others with the accountability remaining with the
designated position.
5. Section 2.2.1(A) (page 2.2.1) Qualifications for Board
Members: Delete the phrase "manage or operate".
6. Section 2.2.3(C)(1): SPRAB: Require a minimum of two,
instead of one, meetings per month.
7 . Section 2.2.6(0)(5): (page 2.2.9) Duties of H.P.B. : Add
"as they apply to Historic Structures and Districts" for
clarification purposes.
8. Section 2.2.7(D)(7): (page 2.2.9) Change Reference: From
"Community Appearance Board" to "Site Plan Review and Appearance
Board" here and each time hereafter such reference is made.
9. Section 2.4.2(B) (1) (b): (page 2.4.2) Chanqe Reference:
From "Local Planning Agency" to "Planning and Zoning Board" here
and each time hereafter such reference is made.
10. Section 2.4.3(A)(2): (page 2.4.7) Basic Application
Submittal: Add current certification requirement as it pertains
to the warranty deed.
11. Section 2.4.3(B)(1): (page 2.4.8) Site Plan Submission
Requirements: Delete the first sentence.
12. Section 2.4.3(B) (20): (page 2.4.10) Spot Elevations
(Submittal): For clarity purposes insert "showing changes in
elevations of not more than two feet (2')" after "elevations" in
the first line.
13. Section 2.4.3(C)(1): (page 2.4.10) Submission Requirements
- Landscape Plan: Change in entirety to read: Be drawn to a
scale consistent with the site plan with crowded or tight areas
provided in a larger scale presentation.
14. Section 2.4.3(D)(2): (page 2.4.11) Preliminary Enqineering
Plans: Change the distance for which off-site topo must be
provided from 50' to 10'.
15. Section 2.4.3(D)(3): (page 2.4.11) Preliminary Engineering
Plans: Insert "as shown in records of Delray Beach and field
observations" between "location" and "of" in the first line.
16. Section 2.4.3(H): (page 2.4.l4) Subdivision (Plattinq)
Items: Reformat this subsection in order to provide for
submission of a Standard Application; to differentiate between
what is to be on the plat and what is submitted separately; and
to accommodate submission of a street tree plan and a street
liqht plan when appropriate (ie for a residential subdivision
which is not associated with a site plan or landscape plan
submission) . Also, provision shall be made for the street tree
or street light plan to be in a narrative (written) form for
small subdivision and minor subdivisions.
17. Section 2.4.3(K): (page 2.4.19) Fees: Replace with new
subsection K as distributed at the August 21st worksession as
subsequently updated. Also provide a credit for COA fees and
have no chance for an administrative COA.
18. Section 2.4.4(C): (page 2.4.27) Imposition of Conditions:
The last paragraph on page 2.4.27 should begin . . . "However,
neither a final plat nor an abandonment "
.....
- 2 -
19. Section 2.4.5(H) (1) (b): (page 2.4.36) Landscaping Plans:
rules: Delete the last portion of (b) in that the requirement
for upgrade of landscaping to apply to existing homes has been
dropped from the proposed landscape code which is under separate
review.
20. Section 2.4.5(H) (3) (b): (page 2.4.37) Landscape Plans:
procedure: Change the phrase "standards of the City" to
"criteria of the Board" in the last paragraph of this subsection.
21. Section 2.4.6(D)(1): (page 2.4.45) Sign Permit
Requirements: Add an additional requirement ( h) and renumber
subsequent items as follows:
(h) appropriate exhibits showing the proposed location of
the sign with respect to nearby structures, signs and
vegetation.
22. Section 2.4.7(D)(3)(a): (page 2.4.68) Administrative
Relief ( procedure) : Delete last eight words and insert a new
sentence. "If the request is denied, it may be considered again
when the site plan is acted upon."
23. Section 2.4.7(A)(5): (page 2.4.64) Board of Adjustment
findinqs: Change the word "make" to "consider".
24. Section 2.4.10(E)(4): (page 2.4.78) Form of Financial
Guarantee: Add the form which was accepted with respect to the
Target Project.
25. Section 3.3.4(E): (page 3.3.3) Barrier Island: Change
"present" to "acceptable" and "lower the level of service" to
"lower the level of Service C".
26. Section 4.I.4(B): (page 4.1.4) Frontaqe Requirement: Add
the following:
"However, neither this provision, nor any other provision of
these regulations, shall prevent construction of a
residential structure on a single family Lot (or Parcel) of
Record which has no frontage. Further, such a Lot of Record
with no suitable access may achieve private access for a
single family residence and similar uses by means of a
nonpublic (private) access easement."
27. Section 4.3.3(J): (page 4.3.14) Gasoline Stations: Expand
upon this subsection to address high turnover stations, service
stations, adjunct use, convenience stores, associated car wash,
etc.
28. Section 4.3.4(J) (3): (page 4.3.35) Height Exemptions:
Reword to have the 64' limit/review requirement to apply to
free-standing items only. Separate into three subsections.
29. Section 4.3.4(J) (4) (b) (i) (a): (page 4.3.35) Allowances:
Area "A" : Add the following "except for property lying east of
the Intracoastal Waterway".
30. Section 4.3.4(K) : (page 4.3.39) Development Standards
Matrix: Enter the following changes (corrections) to the
appropriate matrix:
CBD District: Front Setback 10'
Side Setback 10'
Rear Setback 10'
Height 48'
3I. Section 4.4.l(D): (page 4.4.2) As Conditional Uses:
Reword to accommodate nurseries, retail or wholesale, as a
conditional use.
32. Section 4.4.1(F): (page 4.4.2) As Standards: Provide for
a lot area exception to accommodate (a) nurseries and (b)
property annexed into the City when the designation is used as a
"holding zone".
33. Section 4.4.3(C)(5): (page 4.4.4) Single Family
Section 4.4.6(C)(5): (page 4.4.8) RL
Section 4.4.6(C)(4): (page 4.4.10) RM
Section 4.4.7(C)(4): (page 4.4.12) PRD
Add to each of the above as a new accessory use:
"The rental or lease of a boat dock when the dock is
assigned to, or on the same lot as, each residential
use on a one to one basis."
34. Section 4.4.5(E)(2): (page 4.4.8) RL District: Change
site plan approval from P&Z to SPRAB.
35. Section 4.4.6(D): (page 4.4.10) Conditional Uses in RM:
Add the following:
(8) Yacht Clubs with attendant facilities
( 9 ) Dockmaster facilities when associated with a
multi-family development which has a marina
36. Section 4.4.6(E)(2): (page 4.4.l1) RM District: Change
site plan approval from P&Z to SPRAB.
- 4 -
37. Section 4.4.9(A): (page 4.4.15) GC Purpose: Change "only"
to "primarily".
38. Section 4.4.10(E) (1): (page 4.4.21) AC District: Change
use and site plan approval from P&Z to SPRAB.
39. Section 4.4.12(E)(2): (page 4.4.30) PC District: Change
site plan approval from P&Z to SPRAB.
40. Section 4.4.12(F)(2): (page 4.4.30) Outbuildings and
Shoppinq Centers: Where the phrase "architecturally integrated
with other structures" is used within Subsection (F), Development
Standards, of individual zoning districts the word "compatible"
shall be used instead of "integrated". In addition, at the end
of the paragraph (sub-subsection), the following shall be added:
"Architectural compatibility shall be determined
pursuant to Section 4.6.18".
41- Section 4.4.10(C)(2)(b): (page 4.4.20) Accessory Uses for
Auto Uses: Delete Subsection (C)(2)(b).
42. Section 4.4.10(G)(5)(c): (page 4.4.25) Advertisinq
Restrictions for Auto uses: Delete "banners" from (5)(c); add
the following (5)(d); renumber subsequent subsections:
(5) (d) Banners, may be used in conjunction with special
events and promotions at full service new car
automobile dealerships and when pursuant to the
following:
* not to be located within special or perimeter
landscape areas nor attached to vehicles or
light poles, nor located higher than the roof
line the building it is attached to
* not to be displayed for a consecutive period
of five days, nor more than five days in any
one month, nor on more than six occasions
each calendar year
* text, color, size, location, and number shall
be approved by the Site Plan Review and
Appearance Board.
- 5 -
43. Section 4.4.l0(G)(3)(f): (page 4.4.24) Employee Parkinq
for Auto Dealerships: Add to Subsection (G) (2) the following
subsection (c):
(c) A bullpen parking arrangement may also be used for an
employee parking area provided that it complies with
the provisions of Subsection (G) (2) (a) and is in
conjunction with a full service new car automobile
dealership. Employee parking provided in a bullpen
arrangement may count toward meeting employee parking
requirements.
44. Section 4.4.12(E)(2): (page 4.4.30) PC District: Change
site plan approval from P&Z to SPRAB.
45. Section 4.4.13(B): (page 4.4.31) Uses in the CBO: Change
Subsection (4) to read:
( 4 ) Dwelling units within the same structure as commercial
uses provided that residential and nonresidential uses
are physically separated and have separate accessways
and that there are no residential units on the ground
floor.
46. Section 4.4.13(C): (page 4.4.32) Accessory Uses in the
CBO: Change Subsection (5) to read:
(5 ) A single family residence, either separate or within a
structure housing a nonresidential use, provided that
the residence is occupied by the owner, proprietor, or
employee of a business enterprise conducted on the
property.
47. Section 4.4.13(E)(2): (page 4.4.33) CBD: Change site plan
approval from P&Z to SPRAB.
48. Section 4.13(G): (page 4.4.34) Reduced Setbacks in the
CBD: Add a new subsection as follows:
( 2 ) Setbacks: Within the area encompassed by the
boundaries of the DDA as originally established in
Section 8.2.2(B), there shall be no required front,
side (interior), side (street), or rear building
setbacks except for the situation where there is no
dedicated access to the rear of a building, a ten foot
( 10' ) side setback shall be provided.
49. Section 4.4.13(H) (1): (page 4.4.34) Special Requlations
CBD: (regarding retail use on ground floor) Delete 4.4.13(H)(1)
- 6 -
.
50. Section 4.4.13(H)(1): (page 4.4.34) caD Special
Regulations: Add a new ( 1 ) "No gasoline stations or service
stations shall be allowed to have frontage along Atlantic
Avenue."
51. Section 4.4.19(E)(2): (page 4.4.55) MIC: Change site plan
approval from P&Z to SPRAB.
52. Section 4.4.20(B) (4): (page 4.4.59) Uses in Industrial:
Add the following: - Boat repair and service
53. Section 4.4.21(D)(11): (page 4.4.62) CF Conditional Use:
Add (11) Private parking lots and garages.
54. Section 4.4.22(B): (page 4.4.63) Uses in 0.8. : Add the
following:
( 5 ) Golf Courses, Public and Private
55. Section 4.4.25(C) (3): (page 4.4.69) Revision Requirement
in SAD District: Delete Subsection (3)
56. Section 4.5.1(L)(4): (page 4.5.13) Cason Church: Delete
legal description of this site from the Old School Square
Historic District Overlay.
57. Section 4.5.4: (page 4.5.24) Coastal Zone Regulations:
Reformat to be consistent with the LDRs. Add the Coastal
Protection Ordinance provisions once they are adopted by separate
action.
58. Section 4.6.6(B): (page 4.6.7) Outdoor Uses: Add the
following new item:
( 7 ) Outdoor retail area, for sale of living plants, at
nurseries and garden shops with the proviso that
one-half of the ground area devoted to such use shall
be considered as "floor area" for the purposes of
calculating and providing on-site parking.
59. Section 4.6.7(E): (page 4.6.12) Siqning: Incorporate
standards instead of using a reference.
- 7 -
.
60. Section 4.6.9(C)(6): (page 4.6.19) Parkinq Requirements:
Add the following requirement for Yacht Club as subsection (r):
(r) Yacht Club: Shall provide one space per 1,000 sq. ft.
of floor area and outdoor seating/eating area plus one
space for one half of the number of boat slips.
61. Section 4.6.9(D) (4) (e): (page 4.6.24) Parkinq Lot Desiqn:
Incorporate diagonal parking schematics and standards from the
current regulations.
62. Section 4.6.16: (page 4.6.36) Supplemental Regulations -
Landscapinq: Reformat after adoption of the landscaping
ordinance revision which is under separate consideration.
63. Section 4.6.18(B) (page 4.6.62) Architectural Elevations:
Add a new Subsection (13) and renumber subsequent subsections to
accommodate:
(13) Outbuildinqs and Shopping Centers:
(a) Rule: Outbuildings within a shopping center shall
be compatible in terms of color, materials, and
architectural style.
(b) Procedure: The Site Plan Review and Appearance
Board shall make a finding of such compatibility
prior to approval of outbuilding elevations. If the
Board determines that there is not compatibility with
respect to any of the items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved
they shall forward the elevations to the City
Commission with a recommendation of approval and the
City Commission shall take final action.
64. Section 5.3.4(F): (page 5.3.9) Storm Water Utility Fee:
Incorporate appropriate material from the recently adopted
ordinance.
65. Section 6.1.3(C)(2)&(3): (page 6.1.7) Sidewalk
Construction: Provide that the mesh requirement is only to be
applied where the sidewalk crosses a driveway.
66. Section 6.1.4(B): (page 6.1.8) Driveway Standards: Add
the following as subsection (5):
"A nonpublic (private) access easement upon one Lot or
Parcel which provides ingress and egress for one adjoining
single family Lot (or Parcel) of Record, and similar uses,
is excluded from the provisions of this subsection (B).
- 8 -
.
.
67. Section 6.1.10(B)(5): (page 6.1.15) Water: Add a new
exception C:
"(C) Exception - Single Family Homes: Use of city water
for irrigation purposes may be allowed for a single family
home located on an individual lot or in a subdivision where a
restriction of such use has not been imposed during
development approval."
DJK/#69/PZLDRREC.TXT
- 9 -
. /I.9cCl)uxL'
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {/lv1
SUBJECT: AGENDA ITEM - MEETING OF SEPTEMBER 25 1990
REQUEST FOR OF CONDITIONAL USE AND SITE PLAN
DATE: September 21, 1990
This item was initially 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 unit mixed residential project
composed of zero lot line patio homes, townhouses, and villas, 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 been
met.
The Planning and Zoning Board at their August 20th meeting recommended
approval of a fifteen month extension. A detailed staff report is
attached as background material for this item.
The City Attorney, Planning Director, and the representative for the
Isles of Delray have met. As a result of that meeting, a consensus
for approval of the extension action was reached.
.
. '
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
.. ~ ~~
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 I-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. In 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
J
r---\ n
.
. I --- -....I
PLANNING AND ZONING BOARD NENORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
~. CIT~ OF DELRAY BEACH
(J 1\/
~J' ~, \~G0~
FROM: "'--DA D J. KOV1>.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.
j
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
agenc~es 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 MS. A reconsideration of the
recommendation was placed on this agenda; however, it was deemed
to be an improper item (procedurally) and was not considered.
"'(If ~
P&Z Staff Report (', (",
Co'nsideration of a kt:quest for Time Extension t",r the Isles o.f
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 f
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-l-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 ~equest for Time Extension for 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 (LPA) or the
City Comm~ssion, 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.)
Previous position regarding upgrading: 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".
i
.P&Z Staff Report ,--- ( --,
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 li2 (Denial) 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 designat~on: A City-wide
revision to the Official Zoning Hap 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 ( , ( ,
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-I-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 (1983) and that
upgrading to current regulations is a development'
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l... \\" on l':!'5 OF
ROGER G. SABERSON, P.A.
OF.t.RAY [.'(f.ctJT1\"E M...l.l
110 E...ST ...n...!':nc ","[Net
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n051272-M16
April 24, 1990
Mr. David Kovacs, Planning Director
City of De1ray Beach
100 N.W. First Avenue
De1ray Beach, Florida 33444
RE: APPLICATION FOR EXTENSION OF TIME FOR TIlE 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 nbove. The extension of time requested is to allow
both approvals to remain in effect for a sufficient time period so that an
additional eighteen (18) months will elapse for both the Site Plan and
Conditional Use Approvals afte r a 11 public fac i li ties 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
I
facilities are operatin~ and available to the project at the required Levels of
Service. I
'. I _' ~ .... . 1
Co-Counsel with me on this request is Mr. Al Ma1efatto, 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, '. ..
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,
0b~M~
ROGER G. SABERSON
cc: Mr. Gilbert Goldstein r .-
Al Ma1efatto, Esquire "RECEIVED""
.
I JJ'R 2 4 90
rLANNI~JG & zor-:r:
.
"
'--....- -..--.- .
( \
PLANNING B ZONING BOARD
CITY OF OELRAY BEACH
- -- STAFF REPORT
- --
MEETING [)=IrE: AUGUST 15, 1988
AGEf'4JA ITEM: IV. C
CONSIDERATION OF A REQUEST fOR TIME EXTENSION OF SITE PLAN APPROVAL FOR
ITEM: ISLES OF DELRAY RESIDENTIAL DEVELOPMENT ON THE NORTH SIDE OF LAXE IDA ROAD.
.
. ,
~:"":.~~c:~
....
,.
3ENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . ~ 1 ray Is 1 a nd s , Inc.
Agent...........................Roger Saberson
Location....................... .Uorth side of La).:e Ida Road
between the L.W.D.D. E-4 Canal
and Lake Ida Shores.
Property 51ze...................14.17 Acres (251,500 Sq. ft. )
City Land Use Plan..............FRD-4 (Planned Residential -
4 units/acre)
City Zoning.....................SAD (special Activities District)
Adjacent Zon1ng.................Uorth and east of the subject
pro~rty is zoned R-1AAA (51ngle
Family Residential). South is
zoned R-1A and west is zoned
R.1AA.
Existing Land Use...............Vacant land
Proposed Land Use...............148 unit develor~ent comprising
of (zero-lot Ii ne) ratio homes,
to~nhouses and villas.
Water Service...................Partially served by City mains. / ,"
ITEM:f" L
Sewer Service.................. .Partially sarved bv City mA'"~
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 173.849(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.A.D. This S.A.D.
involves a granting of conditional use and a site and
developmen~ plan, each of which is governed by the above
noted code sections.
BACKGROUND:
Prior to 1983, the land known as Isles of Delray had Th1 I
development plan for one hundred (100) single family lots. 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 f""\
process, a connection of N.W. 8th Avenue to Lake Ida Road was Ji
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.
I/.
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-l-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 certaih 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 S.A.D.
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 . , ..1g Board
Re: Conditional Use and Site Plan Approval - Lsles 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.P49(B)(3)(b) applies in that no development has occurred under
the approved site plan. This section provides:
It... 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
1. Has there been progress made in the project's .
continuing review and approval process?
2. Have there been changes to the City's development
regulations which affect the project? r
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 study (correspondence 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 ude and Site Plan Approval . Isles of Delr'ay
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 ADT (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 "0", 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 Wl1, which serves this
project, will need to have its pumps upgraded to accommodate
projected flows. Also, several manholes will need to be
relocated.
,
:I'o: . Planning anl , ling Board f \
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 alignment 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 alignment 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 M1l.
( 5 ) Screening: The required landscaping area along Lake
Ida Road is not provided. Specific provisions for
maintaining perimeter landscaping has not been
provided.
( ,
,To: Planning and. .1g Board
Re: Conditional Use and Site Plan Approval - .~les of Delray
- .. - n
To: Planning anI.. :>ning Board
Re: Conditional ~se 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. {
(
( 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
a
'.~ ...
I .. .
should b~ conditioned that a subm~ ~ion 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 *1 under Conditional Use
Standards for details.
(D) Off-Street Parking: This standard is not adequatelYt
met. See item *2 under Conditional Use.Standards for
details. .
(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 *11 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
~
. , ;
.To.: Plannl.ng and 1 g Board I \
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 code s r
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:
I
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 I-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-1-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).
I
'To: Planning and . ..1g 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;
I
c) inadequacy of screening from existing residences to the
north and east;
d) insufficient capacity in lift station III 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. d.ng Board I \
-
Re: Conditional Use and Site Plan Approval - ~sles 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 "c" 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 SFW11D 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 S1.te plan is made
without prejudice.
RECOMMENDED ACTION:
the Director of I
As of the writing of this staff report, Planning
and Zoning supports either alternative actions *2 or *S 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: ~~YOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~
SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 25, 1990
ORDINANCE NO. 26-90
DATE: September 21, 1990
A public hearing was held on this Ordinance at your August 14th
regular meeting. At that time approval action was deferred on this
item pending final action on the Land Development Ordinance (No.
25-90). Should Ordinance 25-90 be passed at your September 25th
meeting, a motion to deny this Ordinance should be made as the
provisions provided for in this Ordinance are encompassed in the LDR
document. 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.
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 denial of Ordinance No. 26-90 contingent upon passage of
Ordinance 25-90.
.
r
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-
C IES ; 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 MULCHES, 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" , TJ 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 Regula tion s" , 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
ci ty, 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: plan t 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-
. J - ered to be mulch materials. The use of plastic under mulch is
~ ' , discouraged as .i t reduces groundwater discharge.
(i) OPEN SPACE: all areas of natural plant conununities 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 space, 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 wi thin 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 Applicability.
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 permi t, or pr ior to proposed
upgrading of landscaping on an existing site (to comply
wi th 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:
(l) 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 with 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, 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 composition1
b. if applicable, the manner in which the composition of
existing plant material is to be preserved, hand
removal of invasion species, prescribed burning, etc1
c. the maintenance schedule for the removal of exotics1
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
native1
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 native1
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, 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 swales1
4. have non-invasive growth habits.
- 7 - Ord. No. 26-90
-
-
( 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 Delray Beach:
1. Melaleuca quinquenervia (commonly known as Punk tree,
paper bark, Cajeput, Melaleuca); or
2. Schinus terebinthifolius (commonly known as Brazilian
Pepper or Florida Holly); or
3. Casuarina Species (commonly known as Australian Pine); or
4. Acacia auriculiformis (commonly known as Earleaf Acacia).
(g) CONTROLLED PLANT SPECIES: Ficus species can be planted as
individual trees provided they are no closer than twelve ( l2)
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
, , 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 Delray 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 plantings, consideration of low
volume drip, spray or bubbler emitters for trees, 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.
s. 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 quality 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 area. 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 Transportation,
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
2l-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 (l5) 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 (l2) 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
'. - " 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 height 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
free from weeds.
- 10 - Ord. No. 26-90
(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 permit 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
, . - 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.
- II - Ord. No. 26-90
-
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
units 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:
l. 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. w"here 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.
Additionally, 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 adj acent 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 l/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 standards. in the event that the
landscaping provided by the adjacent property which has
- l4 - 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) feet, exclusive of the required curb,
shall be placed at intervals of no less than one land-
-. - ~", scaped island for every ten (10) parking spaces. One
- shade tree or equivalent number of palm trees shall be
planted in every interior island. h~ere 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-condi tioning units and mechanical equipment shall be
screened.
- 15 - Ord. No. 26-90
=
-
l5. 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 l3, 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
, . - 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 power lines 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 "hatracking" 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. l59.37 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:
l. 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-
'. - 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. l59.45 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.
- l7 - 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 Bo ard 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 wi th
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 Ci ty
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
constitute a hardship in a particular instance, and provided
that such a modification would not endanger public safety and
welfare.
.
- l8 - 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 Una 1
reading on this the day of , 1990.
MAYOR
-, . -
,"' ATTEST:
-
City Clerk
First Reading July 24, 1990
Second Reading
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- 19 - Ord. No. 26-90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERjY~
SUBJECT: AGENDA ITEM # qf - MEETING OF SEPTEMBER 25, 1990
ORDINANCE NO. 28-90.
DATE: September 21, 1990
A public hearing was held on this Ordinance at your August 14th
regular meeting. At that time approval action was deferred on this
item pending final action on the Land Development Ordinance (No.
25-90) . Should Ordinance No. 25-90 be passed at your September 25th
meeting, a motion to deny this Ordinance should be made as the
provisions provided for in this Ordinance are encompassed in the LDR
document.
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) . 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-l0
(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
Manager's office.
Recommend denial of Ordinance No. 28-90 contingent upon passage of
Ordinance No. 25-90.
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ORDINANCE NO. 28-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE" , CHAPTER l73, "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
l73.405, "PURPOSE AND INTENT" , SECTION l73.407,
"ACCESSORY USES AND STRUCTURES PERMITTED" , SECTION
l73.408, "CONDITIONAL USES AND STRUCTURES ALLOWED" ,
SECTION 173.409, "REVIEW AND APPROVAL PROCESS", SECTION
173.410, "DEVELOPMENT STANDARDS" , SECTION l73.411,
"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, at the meeting held February 9, 1988, the City
Commission, by adoption of Ordinance No. l-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 l73, "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:
"
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OSSHAD OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
Section l73.405 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 l73.406 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
(Al) 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
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(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) Wi thin the following areas the uses allowed as permitted
uses pursuant to regulations of the CBD (Central Business
District) shall also apply:
(1) Lots l3 through l6, 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:
.if -~
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(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 gross floor area of the structure. This does not
.' apply to existing single f amity 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 l73.409 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. l74. Ol-l74. 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
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(C) All conditional uses must be approved pursuant to the
provisions of Section l73. 845-l73. 85l. Prerequisite to
approval is review and recommendation by the Historic
Preservation Board (Section l74.0l-l74.99).
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 lOO ft.
(4) Area 8,000 sq.ft.
(B) Aggregate floor area. The minimum floor area for all
single f amity dwelling units in the Old School Square
Historic Arts District shall be l,OOO square feet,
, . - exclusive of terraces, balconies, decks, porches and
, ~ unroofed areas, including fifty percent (50%) of attached
- carports, and screened patios. (From the R-IA
garages
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) shall
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 l73.032(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. Sections 173.770 - 173.775 and
Sections 173.790 - l73.797 shall apply except as modified
herein.
(1) Business and professional offices shall provide one
(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
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(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 l3 through l6, inclusive, Block 60
(b) Lots 1 through 4, inclusive, Block 61
(c) Lots 1 through 7, inclusive, Block 69
. - (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) Duplexes. See Section l73.097.
(B) Walls and Fences. See Chapters 152 and 159.
(C) Landscaping. See Chapters l52 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 l73.07l
and Chapter l72.
(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 l73.412 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 Bo ard in lieu of the designated
bodies.
- 5 - Ord. No. 28-90
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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 l73.0l6 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-lAAA-B Single Family Dwelling District
R-1AA Single Family Dwelling District
. - R-1AA-B Single Family Dwelling District
, -,
- R-IA Single Family Dwelling District
R-lA-B Single Family Dwelling District
R-lA-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-l5 Multiple Family Dwelling District
PRD-4 Planned Residential District
PRD-7 Planned Residential District
PRD-lO 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
MOl 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 thir
ordinance or any portion thereof, any paragraph, sentence, or word bl
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.
- 6 - Ord. No. 28-90
~
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.
MAYOR
ATTEST:
City Clerk
First Reading July 24, 1990
. - Second Reading
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- 7 - Ord. No. 28-90
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eLL'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM # qtr- MEETING OF SEPTEMBER 25, 1990
ORDINANCE NO. 29-90
DATE: September 21, 1990
A public hearing held was held on this Ordinance at your August 14th
regular meeting. At that time approval action was deferred on this
item pending final action of the Land Development Ordinance (No.
25-90). Should Ordinance No. 25-90 be passed, a motion to deny this
Ordinance should be made as this action is encompassed in the Land
Development Regulations.
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" . This ordinance is being processed in
conjunction with those ordinances creating and rezoning property with
the Old School Square Historic District designation. It provides for
the establishment of a retail use specializing in a specific market
such as bath shop, book store, florist, gift shop, hobby shop,
kitchen shop, dress shop and boutique and a retail use specializing
in a specific type or category of foods such as appetizers, bakery,
delicatessen, fish, gourmet and similar foods.
Recommend denial of Ordinance No. 29-90 contingent upon passage of
Ordinance No. 25-90.
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, FLORIDA1
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
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, "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 I
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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t/
SUBJECT: AGENDA ITEM # tf - MEETING OF SEPTEMBER 25, 1990
ORDINANCE NO. 30-90
DATE: September 21, 1990
A public hearing was held on this Ordinance at your August 14th
regular meeting. At that time approval action was deferred on this
item pending final action on the Land Development Ordinance (No.
25-90). Should Ordinance No. 25-90 be passed at your September 25th
meeting, a motion to deny this Ordinance should be made as provisions
provided for in this Ordinance are encompassed in the Land Development
Regulations.
This is a Second Reading of an Ordinance rezoning properties from
various designations to OSSHAD (Old School Square Historic Arts
District) . 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-10- 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).
AGENDA REPORT
Meeting of tl/ loSt' 90
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 denial of Ordinance No. 30-90 contingent upon passage of
Ordinance No. 25-90.
- 2 -
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I ORDINANCE NO. 30-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RO (RES IDENTIAL 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 OSSHAD
(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 1 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 City
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 (S 1/2) of Block 57, TOWN OF
DELRAY; together with all of Blocks 58, 59, 65, 66 and
67, TOWN OF DELRAY1 together with 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 DELRAY;
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 DELRAY1 together with Lots
5 through 16, inclusive, Block 61, TOWN OF DELRAY;
together with the East 13l.6 feet of the South 3 feet
of the 16 ft. alley lying north of Lot 11, Block 61,
TOWN OF DELRAY; together with Lots 7 through 24,
inclusive, Block 69, TOWN OF DELRAY; together with
Lots 7 and 8, Block 75; TOWN OF DELRAY.
- . . .
I AREA 3 (From RM-6 Multiple Family Dwellinq District):
i
Lots 1 through 4, inclusive, and Lots 9 and lO, Block
I 62, TOWN OF DEL RAY .
I
AREA 4 (From RM-10 Multiple Family Dwelling District):
i
I All of Block 70, TOWN OF DELRAY.
i
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AREA 5 (From CBD Central Business District):
All of Block 68, TOWN OF DELRAY (Old School Square
site) 1 together with Lots 1 through 6, inclusive,
I Block 69, TOWN OF DELRAY7 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
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (}Iv{
SUBJECT: AGENDA ITEM # qr - MEETING OF SEPTEMBER 25, 1990
WAIVER OF THE CITY CODE
DATE: September 21, 1990
This request follows Planning and Zoning Board action on a request for
preliminary plat review for the Reiske subdivision. The subdivision
is located on the east side of S.E. 7th Avenue, between S.E. 3rd and
4th Streets. The proposal is to subdivide an unplatted 0.869 acre
parcel into three lots for future sale and development. Currently, an
existing structure on Lot 2, encroaches on Lots 1 and 3 . Those
structural portions will be demolished, thus, alleviating the
encroachment on those lots. After demolition, Lot 1 will contain a
swimming pool and a boat dock, Lot 2 will contain the existing single
family dwelling and boat dock, and Lot 3 will be vacant.
The requested waivers involve the provision to install a sidewalk;
removal of exiting hedge and tree s , along with the dedication of
additional right-of way; and installation of an eight inch water main
extension.
The Planning and Zoning Board at their September 17th meeting,
approved the preliminary plat with the conditions that a minimum 75
foot lot width be maintained and that arrangements be made to
accommodate a Unity of Title. The Board also recommended that waivers
be granted to the provision for sidewalk installation; the dedication
of right-of-way; and the extraction for the watermain upgrade. It was
further recommended that the watermain upgrade be accommodated by the
payment of the cost for installation of an eight inch main along the
frontage of the property being subdivided. A detailed staff report is
attached as background material for this item.
,
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
;3~J ~~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF WAIVERS RE THE PROPOSED REISKE
SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting waivers to certain development requirements as they
pertain to the proposed Reiske Subdivision.
The proposed subdivision is located on the east side of S.W.
7th Avenue, north of S.W. 4th Street. It encompasses 0.869
acres.
BACKGROUND:
The proposed subdivision involves the creation of three platted
lots from three unplatted parcels. As a formal subdivision,
development requirements and extractions apply.
Some of the standard development requirements were called into
question. These included:
* Installation of a sidewalk;
* Removal of an existing hedge and trees, which after
dedication of right-of-way, will be located on public
property;
* Dedication of additional right-of-way in order to meet
minimum requirements of a 50' r-o-w (25' east of the
centerline).
Another requirement, an extraction, was also questioned. This
item was the installation of an eight inch (8") water main from
an existing six inch (6") main located 100' to the south to, and
through, the site (i.e. to the north property line).
Please refer to the staff report for a more complete description
of these items.
City Commission Documentation
Meeting of September 25, 1990
Reiske Subdivision
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at its meeting
of September 17, 1990. The Board approved the preliminary plat
with a condition that the minimum 75' width be maintained and
that arrangements for Unity of Title, pursuant to the staff
report, be accommodated.
The Board also recommended, as a part of its action, that waivers
be granted and the extraction be handled in the following manner:
* That the sidewalk installation be waived;
* That the right-of-way dedication be waived since the
extra area will not be required for sidewalk purposes;
* Thus, the existing landscaping does not need to be
removed since it will remain on private property; and
* That the extraction for water main upgrade be
accommodated by the payment of the cost for
installation of an eight inch (8") main along the
frontage of the property being subdivided.
In a related discussion, the Board felt that the above
recommendation should not be considered to be precedent setting
but that it was an appropriate solution to the situation at hand;
and further that the Board will visit the subject of how to
appropriately handle extractions pertaining to installation of
mains which meet development standards and recommend, to the City
Commission, an appropriate policy.
RECOMMENDED ACTION:
By motion, grant a waiver to the Subdivision Regulations relative
to not requiring the installation of a sidewalk or the dedication
of additional right-of-way for the Reiske Subdivision; and that
the proposal from the Planning and Zoning Board be accepted
relative to upgrading of the water main.
Attachment:
* P&Z Staff Report of September 17, 1990
DJK/#71/CCREISKE.TXT
PLANN; I.NG 8 ZON I NG BOARD _ _ _ STAFF REPORT _ _ _
CITY OF OELRAY BEACH
, -ET I NG o=ITE: SEPTEMBER 17, 1990
AGE.f\OO I TEH: IV. A
CONSIDERATION OF A PRELIMINARY PLAT FRO THE REIKSE SUBDIVISION LOCATED ON THE
ITEM: EAST SIDE OF S.E. 7TH AVENUE, BETWEEN S.E. IIRD STREET AND S.E.4TH STREET.
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GFNERAL DATA:
Owner.......................... .David M. ReH~se, Jr.
Applicant........ ...............Same as above
Location........................East side of S.E. 7th Avenue,
between S.E. 3rd Street and S.E.
4th Street.
Property Size................... 0.869 Acres
City Land Use Plan..............Low Density 0-5 units/acre
Existing Zoning.................R-lAA (Single-Family Dwelling
District)
Proposed Zoning {LDR.s).........R-lAA
Historic District...............Marina Historic District
Adjacent Zoning.................North, south and west of the
subject property are zoned R-lAA.
East is the Intracoastal
Waterway.
Existing Land Use...............A single-family dwelling
Proposed Land Use...............Subdivide the subject property
into three lots.
Water Service............... ....An existing 2" water main is
located along the east side of
S.E. 7th Avenue.
i i i i I t d ITEM: IV.A
Sewer Service...................An ex st ng sewer ma n s oca e
along S.E. 7th Avenue.
.
"
ITEM BEFORE THE BOARD
The action before the Board is that of approval of a preliminary
plat for the Reiske Subdivision. The 0.869 acre parcel is located
along the east side S.E. 7th Avenue, between S.E.. 4th Street and
S.E. 3rd Street.
BACKGROUND
The subject property is located within the R-1AA (Single-Family
Dwelling) Zone District and the Marina Historic District. The
parcel is comprised of three unplatted lots.
The City's records indicate that the main structure was constructed
in 1938, with additions to the structure in 1941 and 1959. The
structure was identified as an historic structure in the Marina
District Historical Sites Survey. Any structure constructed prior
to 1943 is considered historic.
In January 1990, a request was submitted to the Planning Depart~ent
to receive direction on how to proceed to subdivide the subject
property.
On August 3, 1990, an application for plat approval was submitted
and is the proposal before you.
PROJECT DESCRIPTION
The proposal is to subdivide a 0.869 acre parcel of land into three
single-family lots. There is not a development proposal at this
time. The property is being subdivided for future sale and
development. An existing structure located on proposed Lot II
encroaches upon Lots I and III. These portions are proposed to be
demolished, thus no encroachment will occur on the adjacent lots.
After demolishing, Lot I will contain a swimming pool and a boat
dock, Lot II will contain the existing single-family dwelling and
boat dock and Lot III will be vacant. Along S.E. 7th Avenue, 5 feet
of right-of-way has been provided.
PLAT ANALYSIS
Water Service:
An existing 2" water main is located along the east side of S.E. 7th
Avenue. Pursuant to policies of the Comprehensive Plan, the
applicant will be responsible for providing for the installation of
an 8" main from the existing 6" main on S.E. 4th Street to the north
P&Z Staff Report
Preliminary Plat for Riekse Subdivision
Page 2
property line of proposed Lot I, in that future plans call for
bringing the water main up to standards.
The Fire Department has indicated that, as no fire hydrants
currently serve the site, installation of a fire hydrant is
required. However, the Fire Department has also stated the proposed
subdivision does not constitute an impact or change to the existing
neighborhood, therefore it would be unreasonable to require the
developer to extend the mains only for the purpose of installing a
fire hydrant.
The water meter for the existing single-family dwelling on Lot II is
located at the northwest corner of Lot III within the proposed 5
feet of right-of-way. The meter is required to be relocated to Lot
II i.e. the lot it serves.
Sewer Service: I
Sewer service is provided via an existing sewer main located along
S.E. 7th Avenue. No improvements to the sewer main have been
proposed or imposed.
Utilities:
Overhead power lines providing service for the existing structure on
Lot II traverse proposed Lot I. The power lines will need to be
relocated or an easement provided. If relocation is the desired
option, the wires must be relocated prior to any future sale of Lot
I.
Drainage:
No drainage improvements are proposed with this subdivision.
Access:
Presently, access to Lot II is via an asphalt drive that traverses
Lots I and III. In order for this situation to continue, a
cross-access easement must be provided or the existing drive must be
removed and a new driveway provided directly onto S.E. 7th Avenue
from Lot II.
Per Code Section 172.17(A)(1), a 5 ft. sidewalk shall be provided
along the east side of S.E. 7th Avenue.
P&Z Staff Report
Preliminary Plat for Riekse Subdivision
Page 3
Lot Width:
Code Section 173.093(C) requires a minimum lot width of 75 feet.
Lots I and II conform to this requirement, however Lot III does not.
Per its definition, "lot width" is: "the mean horizontal distance
between side lot lines measured at right angles to the depth". Lot
Ill's lot width is approximately 73.35 feet. The following options
have been provided as a means to resolve the situation:
1- Redesign the north property line of Lot III so that it will
maintain the minimum lot width of 75 feet. This will require a
variance from Code Section 173.095(A)(3) by the H.P.B.
(Historic Preservation Board) to reduce the required 10 feet
side setback of the existing structure on Lot II to 7.35 feet.
2. The proposed Land Development Regulations will have a new
definition for "lot width" and contain a provision [Section
4.3.1(0)], which allows the creation of nonconforming l~tS.
The City Commission may declare at the time of approval o an
associated development application that it is necessary and
appropriate to create such a nonconformity. The above Code
Section may be applied to a development proposal that is
submitted after the proposed Land Development Regulations are
adopted (October 1, 1990). As an application for Final Plat
approval will be forthcoming after October 1st, the above
referenced Code Section may be applied to that application.
3. Gerrymander the east portion of the north property line of
proposed Lot III in order to achieve a mean width of 75 feet.
OTHER ITEMS:
Unity of Title:
Per Code Section 173.091(A), swimming pools, boat docks and storage
sheds are allowed only as accessory uses to a single-family
dwelling. In order for the owner of Lot II to legally utilize the
swimming pool, dock and shed on Lot I, a Unity of Title must be
provided combining Lots I and II. In addition, the existing
structure located on Lot II encroaches onto Lot I. The Unity of
Title will allow these existing conditions to legally continue.
Also, as the existing structure on Lot II encroaches onto Lot III, a
Unity of Title must be provided combining Lots II and III. This
will allow the encroachment of the existing structure onto Lot III
to legally continue.
P&Z Staff Report
Preliminary Plat for Riekse Subdivision
Page 4
On-Site Conditions:
An on-site inspection revealed the following:
The existing landscape material and part of the fence encroach into
the S.E. 7th Avenue right-of-way. With the additional right-of-way
dedication of 5 feet, the entire fence and landscape material will
be located within the right-of-way. The fence and landscape
material must be relocated onto private property.
A storage shed is located along the north property line of proposed
Lot I. This shed does not appear to conform with the required
building setback of 10 feet. The applicant may correct the
situation by either relocating the structure on-site to conform to
the building setback requirement, make application to the H.P.B. for
a variance from Code Section 173.095(A)(3) or remove the structure
from the site.
I
TECHNICAL ITEMS:
The following technical items may be addressed with a final plat
submittal:
1. On the Plat, eliminate reference to Parcels I, II & III.
2. Submit a survey that is current within thirty days of the date
submittal showing all conditions on the site.
3. The asphalt drive must be removed from Lots I and III or
provide cross-access easements.
4. The flood zone designation for this property is AE with a base
elevation of 8 feet (Corom. Panel #12510200040 - Dated 1/15/88)
-- this information is different from that indicated under
"certification" on the survey.
5. The existing power lines that transverse Lot I to Lot II will
need to be relocated or an easement provided. If the desired
option is to relocate the power lines, the lines must be
relocated prior to the sale of Lot I and may be an item
included in the Unity of Title.
6. Relocate the water meter from proposed Lot III to Lot II.
P&Z Staff Report
Preliminary Plat for Riekse Subdivision
Page 5
REVIEW BY OTHERS:
.
Historic Preservation Board:
This item will be reviewed by the H.P.B. at its meeting of September
19, 1990. The Plat does not require a C.O.A. (Certificate of
Appropriateness), however, the Plat is to be referred to the Board
for comment. Prior to any demolition within a historic district, as
is proposed at a future date, an application for a C.O.A. must be
reviewed and approved by the H.P.B.
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. Upon approval of the preliminar1
plat, a final plat will be forthcoming.
Item to be Resolved:
Assuming that a request for a waiver from Code Section 172.17(A)(1)
to provide a sidewalk along S.E. 7th Avenue will be forthcoming, the
Board should provide direction with regards to this item. Staff
would be supportive of such a request.
ALTERNATIVE ACTION:
1- Continue with direction and concurrence.
2. Recommend approval of the preliminary plat for the Reiske
subdivision subject to conditions.
3 . Recommend denial of the preliminary plat for the Reiske
Subdivision with the basis stated.
RECOMMENDED ACTION:
By separate motion; First recommend approval of the preliminary plat
for the Reiske Subdivision subject to the Technical Items of this
report being addressed with the Final Plat submittal and the
following conditions:
P&Z Staff Report
?reliminary Plat for Riekse Subdivision
Page 6
l. Provide for the installation of an 8" water main from the
existing 6" main on S.E. 4th Street to the north property
line of proposed Lot I and the installation of a fire
hydrant at a location to be determined by the Fire
Department.
2. Provide a Unity of Title combining Lots I and II. The
Unity of Title will allow the owner of Lot II to legally
utilize the swimming pool, dock and shed on Lot I and
allow the structure on Lot II to encroach onto Lot I.
3 . Provide a Unity of Title combining Lots II and III to
allow the structure on Lot II to encroach onto Lot III.
4. Correct the situation regarding the storage shed by either
relocating the structure on-site to conform to the
building setback requirements, make application to the
H.P.B. for a variance from Code Section 173.095\A)(3) ot
remove the structure from the site.
5. Remove the fence and landscape material from the S.E. 7th
Avenue right-of-way.
Then, recommend a waiver to Code Section 172.17(A) (1), from the 5
feet sidewalk requirement along S.E. 7th Avenue.
Attachments: Preliminary Plat
Survey
REF/JC#4/NASSAU.TXT
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'~~
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25, 1990
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: September 21, 1990
We received a request for conditional use approval to establish a
church, Mount Moriah AME, on property located southeast of the
intersection of S.W. 7th Street and S.W. 4th Avenue. The development
proposal for this project includes the incorporation of a current
residential lot and a vacant tract. The development will commence in
two phases, Phase I involves the construction of 50 parking spaces and
landscape areas on Tract A. Currently, a converted residential
structure is being used for church services. That use will be
continued, contingent upon the applicant obtaining final inspections
and conditional use approval. Phase II consists of the construction
of a 5,000 square foot church on the balance of Tract A. The
residential building will then be converted to an auxiliary use of the
church. Should the conditional use be approved, a formal site plan
submittal will follow.
A survey of the area shows that there are two churches within 1,000
feet of this location and seven churches within 2,000 feet.
Additionally, the proposed location is within Wellfield Zone 3.
The Planning and Zoning Board at their September 17th meeting reviewed
this request and recommended approval subject to conditions. Public
comments were heard concerning security and the appropriateness of the
use in the proposed location. A detailed staff report is attached as
backup material for this item.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CHERYL LEVERETT, ADMINISTRATIVE ASSISTANT III
~~~~
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A CHURCH IN THE VICINITY OF S.W. 7TH STREET AND S.W.
4TH AVENUE (Mt. Moriah A.M.E.)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to establish a church in an area which
is zoned R-1-A.
The request involves two separate properties which are
contiguous. One property is Lot 12 of the Nichols Addition
(this lot fronts on S.W. 7th Street), the other is Tract
"A", which is land within the block east of S.W. 4th Avenue.
Please refer to the location map.
BACKGROUND:
Mt. Moriah A.M.E. Church has improperly setup operations in a
former house located on S.E. 7th Avenue. After citation by the
Code Enforcement Board, the Church has applied for conditional
use approval. The request involves phased development wherein,
upon approval, improvements will be made on Tract "A" to
accommodate parking needs for an existing structure on Lot 12.
That structure has recently been refurbished to accommodate the
church use. At a later date, a new church building will be
construction on Tract "A".
A sketch plan has been provided as a part of the submission. An
analysis of the request is found in the Planning and Zoning Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, at its meeting of September 17th,
held a public hearing in conjunction with review of the request.
There was public testimony which raised concerns about security
and the appropriateness of the use in the proposed location.
City Commission Documentation
tvlt . Moriah A.M.E.
Page 2
After taking public testimony, reviewing the staff report, and
stating their own views which included descriptions of visits to
the site, the Board on a unanimous vote (7-0) recommended that
the request be approved subject to the following conditions:
1- The use be limited to a maximum of a 150 member Church for
worship and ancillary church uses, i.e. choir, bible study, etc. ,
but not to include day care, nursery, and school functions except
as they are provided in conjunction with church services; and,
that the parking lot not be used for purposes other than parking
i. e. not for recreation such as basketball or for meetings.
2. That a site plan be submitted within two months of the date
of conditional use approval. The site plan shall shown Phase I
improvements which must include, at least, 44 parking spaces with
associated accessways, perimeter, and parking lot landscaping.
3. That, in addition to the site plan items identified within
the staff report, the Phase I improvements must be secured by a
wall and/or fence, or combination thereof so that pedestrian
traffic cannot enter adjacent properties and that where
appropriate, a visual blockage of lights (headlights) and other
aspectoS of the site from abutting residential properties be
provided. Also, a security gate is to be placed at the driveway
entry so that the site cannot be used, or accessed, except in
conjunction with church purposes.
4. That improvement~ approved pursuant to the Phase I site pla~
must have commenced within six months of the date of conditional
use approval; and such improvements must diligently be pursued to
completion.
5. That upon completion of the Phase I improvements, this
conditional use approval shall remain valid for a period of three
(3) years for the purpose of constructing the proposed new church
building.
RECOMMENDED ACTION:
By motion, approve the conditional use request for the phased
establishment of the Mt. Moriah A.M.E. Church subject to the
conditions as recommended by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report of September 17, 1990
DJK/#71/CCMORIAH.TXT
~. .. '" .. J.. I 'l'u <..> LUI \ll.l~b DUC-tr-,U
CITY' OF OELRAY BEACH
--- STAFF REPORT ---
MEET ING rnTE: September 17, 1990
AGeffi ITEM: IILB.
IT A Conditional Use Request to Establish the Mt;-^Moriah A.M.E. Church at Property
~: Located Southeast of the Intersection of S.W. 7th Street & S.W. 4th Avenue.
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GENERAL DATA:
Owner..... ........ .......... ....(Lot 12) Harold B Cooper
Barbara J Cooper
(Tract A) Dorias L Noble
Conttat:t Purcnd.l::i~.r:............. -: Har'tI:td B -Cooper {Tract.' A)
Agent........ ...................Harold B Cooper
Location.. .. . .. .. .. . .. .. . .. .. .. . Approx. SE corner of S. W. 7th St
& S.W. 4th Ave
Property Size...................43.284 sq.ft. (.99 acres)
City Land Use Plan..............Low Density 0-5 units per acre
Existing Zon~ng.. ...............R-lA Single Family Residential
Adjacent Zoning.................R-IA to the North, South, West &
East
Existing Land Use...............Converted Single Family Residen~e
(Lot l2), Vacant (T~act AJ
Proposed Land UGe...............l50 seat church facility
Water Service...................Water service exists for Lot l2,
for Tract A water is available
from 6' main within S.W. 4th Ave
. ., l2 ITEM: IILB.
Sewer Serv~ce...................Sewer serv~ce ex~sts to Lot ,
for Tract A sewer service is
available from 8" main within
S.W. 4th Ave
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a conditional use to establish a 150 seat church. The project is
to be known as Mt. Moriah A.M.E. Church and is to be located just
east of the southeast corner of S. w. 7th Street and S. w. 4th
Avenue.
BACKGROUND:
The development proposal encompasses Lot 12 (8,995 sq.ft.) of
Nichols Second Addition Subdivision and Tract A (34,289 sq.ft.)
of Sunny Heights Subdivision. Tract A is vacant and no land use
history is available. Lot 12 contains a single family home
originally constructed in 1925. On December 29, 1989 a building
permi t was issued to install a driveway, air conditioning and
to enclose a porch area. These improvements are related to the
establishment of a church which began holding services in
January, 1990. On January 11, 1990 the Code Enforcement
Department cited Lot 12 (Case No. 5690) for conducting the church
use without conditional use approval as well as failure to
receive final inspection for permitted improvements. The
applicant appeared before the Code Enforcement Board on April 18,
1990 and was found guilty of the infraction and given 90 days to
seek conditional use approval and obtain final inspections (CEB
90-4045). Some of the final inspections have been conducted and
the applicant applied for conditional use approval on July 6,
1990. The application was deemed incomplete and the petition was
postponed from the Planning and Zoning Board meeting of August
20, 1990 to September 17, 1990. The conditional use request is
now the proposal before you.
PROJECT ANALYSIS:
The proposal incorporates both a current residential lot (Lot 12)
and a vacant tract (Tract A) south of the lot. The development
proposal involves a two phase development plan. In Phase I the
existing 1,574 sq.ft. converted residential structure will be
utilized for church services. In addition, a parking lot
consisting of 50 spaces, accessways, and landscape areas will be
constructed on Tract A. In Phase II as, 000 sq. ft. church
building is to be constructed on the balance of Tract A. The
existing residential building will then be converted to an
auxiliary use of the church (i.e. banquet room, etc.) A sketch
plan depicting the above has been submitted with the conditional
use request. If conditional use approval is granted, a formal
site plan submittal will follow.
P&Z Staff Report
Mt. Moriah A.M.E. Church - Conditional Use Request
Page 2
CONDITIONAL USE ANALYSIS:
The development proposal and accompanying sketch plan have been
reviewed under the 10 Conditional Use Standards contained within
Section 173.848 "Standards for Evaluatinq Conditional Uses." The
following is the result of that review:
Standard #1 (ingress and egress)
One ingress and egress point is proposed from S. W. 4th Avenue
into Tract A accessing the proposed parking lot (50 spaces) . A
12' driveway exists to the converted residential unit on Lot 12.
It is anticipated this will serve as an employee parking space
with all other patrons utilizing Tract A for parking and access
to the facility. The sketch plan does not provide for pedestrian
access between parking in Tract A and the existing structure on
Lot 12. With the full site plan submittal pedestrian access
between the sites must be provided.
Standard #2 (parking and loading areas)
The conditional use request is for a 150 seat church facility
requiring 50 parking spaces pursuant to Section 173.773 (D) .
Fifty (50) parking spaces have been provided. The sketch plan
proposes parking within 5' of the north and east property lines
which abuts single family residences. Increased buffering should
be provided in these areas (see discussion under Standard No. 5) .
Along the east property line, the parking lot will abut an
existing church parking area.
No loading areas are required pursuant to Section 173.792 for
assembly halls under 20,000 sq. ft.
Standard #3 (refuse and service areas)
A dumpster area is shown east of the proposed church building
approximately' 7 ' from the south property line. With Phase I,
little impact is expected due to the type and volume of waste.
However, with Phase II in which the converted single family
structure may be utilized as a food service facility a different
type and volume of waste will be created. To minimize potential
impacts from offensive smells on the adjacent properties, the
dumpster should be relocated more centrally on the site. This
relocation would also provide easier access from .Lot 12 which
would probably be the primary waste generator.
Standard #4 (utilities)
Water service exists to the current structure on Lot 12 from a 6"
main within the S.W. 7th Street right-of-way. Water service to
the proposed church facility on Tract A can be obtained from an
existing 2" and 6" main along S.W. 4th Avenue. No negative
impacts are expected with the introduction of this use.
P&Z staff Report
Mt. Moriah A.M.E. Church - Conditional Use Request
Page 3
Fire suppression is provided via an existing hydrant
approximately 40' north of Tract A on S.W. 4th Avenue.
Sewer service is provided to Lot 12 from the 8" main located
within S.W. 7th Street. Sewer service is available to Tract A by
connecting into a 8" main wi thin S. W. 4th Avenue right-of-way.
No negative impacts are expected with the introduction of this
use.
Standard #5 (screens and buffers)
Pursuant to Section 159.30 trees placed a maximum of 25' on
center will be required around the perimeter of both Lot 12 and
Tract A. In addition, where vehicular use areas abut adjacent
property lines, hedging a minimum of 2 ' high is required.
As identified in Standard No. 2, parking spaces are proposed
within 5 ' of residential property to the north and along a
portion of the south property line. In these areas, buffering
above minimum height and density would be appropriate to assure
continuous solid visual screening.
Only a small portion of the south property line will require
hedging pursuant to Section 159.30. However, as residential
property exists along the entire south property line it would be
appropriate to require continuous hedging. It is also noted that
a 6 ' utility easement exists along the south property line which
could restrict plantings. With the full site plan submittal,
authorization to plant within the easement from the effected
utility companies will be required. If authorization is not
granted, the parking layout and building setback must be modified
to provide adequate room from required plantings.
A 7.5' building setback along the south property line is
proposed adjacent single family residential uses. An additional
setback or increased buffering (i.e. vertical elements) should be
provided.
Along the east property line where the parking lot borders an
existing church parking lot, the minimum requirements of trees
25' on center along with hedging a minimum of 2 ' high is
required.
Along the west property line the site abuts SW 4th Avenue which
pursuant to Section 159, will require trees (25' on center) along
with hedging.
Standard #6 (signs and lighting)
No signage locations have been provided. The accompanying layout
however, only a sketch plan and signage locations must be
provided with the full site plan submittal. Signage location is
not a factor in the conditional use analysis.
.
P&Z Staff Report
Mt. Moriah A.M.E. Church - Conditional Use Request
Page 4
A lighting plan has not been provided. With the full site plan
submittal, a lighting plan must be provided that will retain all
lighting on site and direct it away from adjacent residential
properties.
Standard #7 (setbacks and open space)
The existing structure on Lot 12 meets all setbacks except the
required 7.5' side interior where the recently enclosed porch
area provides a 5' setback. This setback violation is being
reviewed by the Building Department for appropriate action.
The proposed church building on Tract A has met all required
setbacks. As discussed under Standard #5 (screens and buffers),
an additional setback may be required from the south property
line to accommodate required buffering outside the easement area.
Standard #8 (compatibility)
Compatibility with the surrounding neighborhood is a concern.
The site is bordered to the north, south, east and west by R-IA
single family zoning. North of Lot 12 are recently demolished
residential lots acquired by the City for the water plant
expansion. To the west and east of Lot 12 are single family
homes. South of Lot 12 is Tract A which borders single family
homes to the north, south and west. To the east, the site abuts
the Evangelist Reach Out Church for Christ parking area.
As multiple church facilities create concerns over cumulative
traffic impact in residential areas an analysis was conducted to
determine the intensity of churches within 1,000' and 2,000' of
this proposal (see attached map). The following is a summary of
the results:
Churches Within 1,000' Status Capacity
1. Evangelist Reach Out Currently Operating 230 Seats
Church For Christ
2. Christ Missionary Baptist Site Plan Approval 100 Seats
Church SW 8 St & SW 2 Ave Not Yet Under
Extended Construction
Total 330 Seats
Churches Within 2,000' Status Capacity
3. National Church Of God Currently Operating 20 Seats
SW Corner Of SW 9 Ct &
SW 6 Ave
P&Z Staff Report
Mt. Moriah A.M.E. Church - Conditional Use Request
Page 5
4. Holy Ghost Headquarters Currently Operating 156 Seats
SW Corner Of SW 4 St &
SW 6 Ave
5. No Name Church Facility Vacant Not Avail
E Side Of SW 5 Ave
Between SW 3 St &
SW 4 St
6. First Baptist Church Currently Operating 802 Seats
SW Corner Of SW 4 ST To Vacate Within 2
& Swinton Ave Years & To Be Occupied
By South County Drug
Abuse Foundation.
Church Sanctuary May
Be Lease To Church
Groups By SCDAF.
7. Bethel Evangelical Currently Operating 150 Seats
Church NE Corner Of
SW 8 ct & SW 8 Ave
8. Church Of God Of Prophecy Currently Under 215 Seats
NE Corner Of SW 4 St & Review On This
SW 4 Ave Agenda
9. Haitian Catholic Chruch Currently Operating 306 Seats
NW Corner Of SW 6 St
& SW 8 Ave
Subtotal 1649 Seats
Total 1979 Seats
The close proximity of these three churches having a combined
seating capacity of 480 seats brings up the question as to what
capacities or intensities are excessive in residential
neighborhoods.
Standard #10 (economic effects on adjacent properties)
Due to the unique characteristics of this tract, being long and
narrow (112' width) , it does not lend itself easily to
residential development. With residential development, an access
road with a minimum width of 50' would be required. This would
restrict creative residential design. The establishment of a
church use, with its limited building area and associated open
space, may be an advantage over residential development of this
tract.
.
P&Z Staff Report
Mt. Moriah A.M.E. Church - Conditional Use Request
Page 6
Other Items:
The development proposal is located within Wellfield Zone 3
thereby requiring notification to Palm Beach County Environmental
Resource Management Division. The applicant has submitted the
request to the division on August 1, 1990 and no objection is
anticipated.
ASSESSMENT:
The increase in vehicular traffic associated with this facility
combined with adjacent church uses could have a negative impact
on surrounding properties. This impact would be mitigated to
some degree by virtue of the different access points for these
abutting church uses. Both the current, existing and approved
churches take their access from S. W. 8th Street. All associated
traffic not of local origin would utilize Swinton Avenue for
primary ingress and egress. This proposed church takes all of
its access from S.W. 4th Avenue.
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Recommend denial of the Conditional use request based
upon a failure to make positive recommendations with
respect to Standard No. 9 (Compatibility)
pursuant to Section 173.848 (Standards for Evaluating
Conditional Uses).
3. Recommend approval of the Conditional use request based
upon positive findings pursuant to Section 173.848
(Standards for Evaluating Conditional Uses and
subject to the following conditions:
a. The use be limited to a maximum of a 150 seat
church for worship and ancillary church uses,
i.e. choir, bible study, etc. Ancillary uses
are not to include day care, nursery, and
school functions.
b. Submittal of a site plan within three months
with Phase I improvements to include a
minimum of 44 parking spaces with associated
access ways and installation of all required
perimeter and parking lot landscaping. Phase
II is to include the balance of required
parking, landscaping, and the 5,000 sq. ft.
church building.
P&Z Staff Report
Mt. Moriah A.M.E. Church - Conditional Use Request
Page 7
c. Incorporation of all site plan items
identified within this staff report in the
final site plan submittal.
d. Upon completion of Phase I, the site plan
and conditional use approval will be valid
for three years.
RECOMMENDED ACTION:
No staff recommendation is set forth at this time in that the
neighborhood compatibility and economic impact concerns must be
assessed after public testimony at the public hearing.
PD/#34/PROP.TXT
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· Evangelist Reach Out Currently Operating 230 Seats ' Swinton Ave Years & To Be Occupied
Church For Christ By South County Drug
Abuse Foundation.
'. Christ Missionary Baptist Site Plan Approval 100 Seats Church Sanctuary May
Church SW 8 St , sw 2 Ave Not Yet Under Be Lease To Church
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Churches Within 2,000' Status Capacitv Church NE Corner Of
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S, Ave NE Corner Of SW 4 St & Review On This
SW 4 Ave Agenda
, Holy Ghost Headquarters Currently Operating 156 Sea:
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SW 6 Ave NW Corner Of SW 6 St
- 'SW 8 Ave
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'Pf:i
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25 1990
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: September 21, 1990
We received a request for conditional use approval to establish a
church, Church of God of Prophecy to be located on the northeast
corner of S.W. 4th Street and S.W. 4th Avenue. The development
proposal for this project consists of construction of a 5,375 square
foot church building along with 72 parking spaces and related
landscape areas on Lots 14-16 and 20-25 of the Grove Park subdivision.
Two residential units which currently exist on Lots 14-16 will be
demolished.
A survey of the area shows that there are six churches within 1,000
feet of this location and seven churches within 2,000 feet.
Additionally, the proposed location is within Wellfield Zone 3.
The Planning and Zoning Board at their September 17th meeting reviewed
this request and recommended approval subject to conditions. Public
comments were heard concerning the appropriateness of the use in the
proposed location and neighborhood noise. A detailed staff report is
attached as backup material for this item.
..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~EVERETT' ADMINISTRATIVE ASSISTANT III
'- .J ~U~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A CHURCH AT THE NORTHEAST CORNER OF S.W. 4TH STREET AND
S.W. 4TH AVENUE (Church of God of Prophecy)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a request to establish a church in an area which
is zoned R-1-A.
The request involves two separate properties which are
currently separated by an alley. In a subsequent action,
the alley is to be abandoned. Please refer to the location
map.
BACKGROUND:
The Church of God of Prophecy is seeking to establish permanent
facilities. They have selected the corner of S.W. 4th Street and
S.W. 4th Avenue for a site with an off-street parking lot to be
adjacent with its access off S.W. 3rd Avenue. The capacity of
the church facility will be dictated by the amount of parking
which can be provided. A review of the sketch plan which was
provided as a part of the submission, reveals that some of the
anticipated 70 parking spaces will need to be eliminated; thus
the facility would be sized to accommodate around 200 people. An
analysis of the request is found in the Planning and Zoning Staff
Report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, at its meeting of September 17th,
held a public hearing in conjunction with review of the request.
There was public testimony which raised concerns about the
appropriateness of the use in the proposed location and about
neighborhood noise. It seems that a nearby church does have
music and other activities that extend to night hours. After
some discussion, the Board concluded that it would be more
appropriate to seek control of such situations through the noise
ordinance rather than through land use controls i.e. limitation
on hours of operation.
~
City Commission Documentation
Meeting of September 25, 1990
Church of God of Prophecy
Page 2
After taking public testimony and reviewing the staff report, the
Board on a unanimous vote (7-0) recommended that the request be
approved subject to the following conditions: -
1. The use be limited to a capacity as predicated by the amount
of parking which can be provided on-site and be for worship and
ancillary church uses, i.e. choir, bible study, etc., but not to
include day care, nursery, and school functions except as they
are provided in conjunction with church services.
2. That, in addition to the items identified within the staff
report, the site plan shall provide for a wall and/or fence, or
combination thereof, around the parking areas so that pedestrian
traffic cannot enter adjacent properties and that where
appropriate, a visual blockage of lights (headlights) and other
aspect~of the site from abutting residential properties be
provided.
3. That a full site plan submission be duly submitted and
processed in a timely manner so that the project may be
established, pursuant to code criteria, within eighteen months of
approval of the conditional use request; and that either prior
to, or concurrent with, the site plan submission an abandonment
request for applicable portions of the affected alley be
submitted for processing. (Note: The abandonment petition must be
reviewed by the Planning and Zoning Board and approved by the
City Commission prior to consideration of the site plan by the
SPRAB.)
RECOMMENDED ACTION:
By motion, approve the conditional use request for the
establishment of the Church of God of Prophecy subject to the
conditions as recommended by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report of September 17, 1990
DJK/#69/CCPROH.TXT
PLANN~.I NG 8- ZONING BOARD STAFF REPORT
' . - -- - --
CITY OF DEL RAY BEACH
~ETrNG ffiTE: September 17, 1990
AGEf'.m ITEM: III. C.
A Conditional Use Request to Establish the Church of God of Prophecy at the
I"~: Northeast Corner of S.W. 4th Street and S.W. 4th Avenue.
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GJ=NERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Douglas and Irene Rohrbaugh
Agent...........................Charles S.Baldwin
Location........................Northeast corner of s.w. 4th
Street and S.W. 4th Avenue.
Property Size...................42,976.09 sq.ft. (0.987 Acres)
City Land Use Plan..............Low Density 0-5 du/acre
Existing Zoning.................R-lA (Single-Family Dwelling
District)
Proposed Zoning (LDR.s).........R-IA
Adjacent Zoning.................North, south, east and west of
the subject property are zoned
R-IA.
Existing Land Use...............Lots 14-16 contain two
residential structures and lots
20-25 is currently vacant land.
Proposed Land Use...............5,375 sq.ft. Church with a
seating capacity of 215 people.
Water Service...................Existing 6" water maIn located
along S.W. 4th Street and a 2"
main located in the alley.
ITEM: IILC.
Sewer Service...................Existing 8" sewer main is located
along S.W. 4th Avenue.
P&Z Staff Report
Church of God Prophecy - Conditional Use Request -
Page 2
Standard #2 (parking and loading areas)
The conditional use request is for a 210 seat church facility
requiring 70 parking spaces pursuant to Section 173.773 (D).
Seventy (70) parking spaces have been provided. Between lots an
alley exists which runs along the east property line of lot 20
and between lots 14-16 and lots 23-25. A one-way connection
between parking areas east and south of the church is proposed
utilizing this 12' alley. If the alley remains in public
ownership, the parking proposed on lot 14-16 would be considered
off-site parking. Off-site parking is not allowed in R1-A zoning
districts pursuant to Section 173.771 (D)(7)(a). To accommodate
the additional parking on lots 14-16, the intervening alley must
be abandoned thereby creating an on-site parking area.
It is noted that with abandonment only one half of the alley will
be available for this development's internal circulation.
Modification of this proposed connection will therefore be
required. Two-way access is to be provided between each parking
area in order to provide internal traffic circulation and to
limit utilization of the public street system. This will require
modification of the building location.
Parking proposed on lots 14-16 does not provide for two way
internal circulation thereby requiring utilization of the public _
street system. Revision to the parking lot layout will be
required.
Parking is proposed within 5' of the north and south property
lines which abuts single family residences. Increased buffering
should be provided in these areas (see discussion under Standard
No.5) .
No loading areas are required pursuant to Section 173.792 for
assembly halls under 20,000 sq. ft.
Standard #3 (refuse and service areas)
No dumpster location is provided on the sketch plan. With full
site plan submittal, a dumpster location or verification from
Waste Management as to alternative waste removal options must be
provided.
Standard #4 (utilities)
Water service exists to the current structures on Lots 14-16 from
a 2" main within the ally. Water service to the proposed church
facility can is available from either this 2" main or the 6" main
located within the S. W. 4th Street right-of-way.
Fire suppression will be provided via an existing hydrant located
on lot 22 adjacent S. W. 4th Street.
P&Z Staff Report
Church of God Prophecy - Conditional Use Request
Page 4
Churches Within 1,000' Status Capacity
1. First Baptist Church Currently Operating 802 Seats
SW Corner Of SW 4 ST To Vacate Within 2
& Swinton Ave Years & To Be Occupied
By South County Drug
Abuse Foundation.
Church Sanctuary May
Be Lease To Church
Groups By SCDAF.
2. No Name Church Facility Vacant Not Avail
E Side Of SW 5 Ave
Between SW 3 St &
SW 4 St
3 . Holy Ghost Headquarters Currently Operating 156 Seats
SW Corner Of SW 4 St &
SW 6 Ave
I
4. St. Matthew Episcopal Currently operating No Condo
SW and NW corner of use app
SW 3rd Street and found
SW 4th Ave
5. Sutton Chapel Church Currently operating 99 Seats
of God - SE corner of
SW 2nd Street and SW
4th Ave
6. Church of God Possibly vacant 100 Seats
just south of the SW
2nd Street on the east
side of SW 5th Ave.
Total 1157 Seats
Churches Within 2,000' Status Capacity
7. Evangelist Reach Out Currently Operating 230 Seats
Church For Christ
8. Christ Missionary Baptist Site Plan Approval 100 Seats
Church SW 8 St & SW 2 Ave Not Yet Under
Extended Construction
9. Mt. Moriah A.M.E. Currently Under 150 Seats
SE Corner Of SW 7th St & Review On This
SW 4 Ave Agenda
10. Haitian Catholic Church Currently Operating 306 Seats
NW Corner Of SW 6 St
& SW 8 Ave
P&Z Staff Report
Church of God Prophecy - Conditional Use Request
Page 6
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend denial of the Conditional use request based
upon a failure to make positive recommendations with
respect to Standard No. 9 (Compatibility) pursuant to
Section 173.848 (Standards for Evaluating Conditional
Uses) .
3. Recommend approval of the Conditional use request based
upon positive findings pursuant to Section 173.848
(Standards for Evaluating Conditional Uses and subject
to the following conditions:
a. The use to be limited to a maximum of 210
seat church for worship and ancillary church
uses, i.e. choir, bible study, etc.
Ancillary uses are not to include day care,
nursery, and school functions. i
b. Submittal of a full site plan addressing all
concerns expressed within this staff report.
RECOMMENDED ACTION:
No staff recommendation is set forth at this time in that the
neighborhood compatibility concerns with respect to the intensity
of the existing church uses must be assessed after public
testimony is received at the public hearing.
PD/#34/CHURCH.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROr.-l: CITY MANAGER~
SUBJECT: AGENDA ITEM # qt- - MEETING OF SEPTEMBER 25, 1990
SETTLEMENT OFFER
DATE: September 21, 1990
At your March 13th meeting, Mr. Kettlehut requested final payment in
the amount of $23,973.05 for landscape architect work done for the
City. That request was denied and staff was directed to negotiate
with Mr. Kettlehut for an amicable settlement. In an attempt to
settle the matter, Staff recommended a comprise settlement offer of
$16,485.86 which was unacceptable to Mr. Kettlehut. After numerous
attempts to resolve this matter, staff has been unable to reach an
agreement with Mr. Kettlehut for final payment. At the Present time,
Mr. Kettlehut is requesting payment of $46,677.76, staff believes that
the value of fees for work performed is $11,781.81. Therefore, staff
is recommending that the Commission terminate settlement discussions
and offer Mr. Kettlehut $11,781.81 with payment contingent upon the
City's receipt of all drawings and other documentation relating to the
work for which the City contracted.
When this matter was first brought before the Commission, the City
Attorney's office reviewed the contract and determined that it calls
for arbitration of internal disputes that do not constitute a breach
of contract. Should Mr. Kettlehut file suit, the courts would
determine if this matter concerns a mere internal dispute or breach of
contract. If the courts determine that this is a breach of contract
situation, there are no provisions in the contract which would award
attorney fees, and thus each party would be responsible for its own
fees. In addition, as a rule, arbitration expenses are normally split
~etween.bot~ palitieq. Additi~nal ~~ckground material is available
or reVlew In t e Clty Clerk s of lce.
Recommend termination of negotiations with Mr. Kettlehut and payment
in the amount of $11,781.81 contingent upon receipt of all drawings
and other documentation relating to work for which the City
contracted.
.
.
.
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: September 20, 1990
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: Kettlehut Contract for Beautification/Neqotiations
In March 1990, the City Commission denied Mr. Kettlehut's
request for final payment in the amount of $23,973.05 and
instructed staff to negotiate a final settlement. In an
attempt to settle the matter, City Staff recommended payment of
$16,485.86. This figure was a compromise settlement offer
only. The settlement was not acceptable to Mr. Kettlehut.
The parties, after numerous attempts to resolve this matter,
were unable to come to an agreement as to final payment.
At the present time, it appears that Mr. Kettlehut is request-
ing payment of $46,677.76. City Staff recommends payment in
the amount of $11,781.81 which staff believes is the actual
value of fees due for the work performed.
Our office is seeking direction from the City Commission to
terminate settlement discussions and would recommend payment of
$11,781.81 to Mr. Kettlehut for the value of work performed,
conditioned on the City's receipt of all drawi'ngs and other
documentation relating to the work for which the City
contracted.
Attached hereto is a detailed letter from Nancy Davila setting
forth the history of the project and setting forth in detail
fee calculations, as well as other background materials for
your information.
City Commission
David Harden, City Manager
Page 2
Please place this matter on the September 25, 1990 Commission
age
Attachment
cc Lula Butler, Director of Community Improvement
Nancy Davila, City Horticulturist
Cheryl Leverett, Administrative Assistant III
Michael Sullivan, Esq.
Mr. Kurt Kettlehut
I
:
i
l
MEMORANDUM
To: David Harden. City MAnaser
Via; Lula 'Butler, Community I~prov.ment Direc~or
Susan Ruby, Assistant City Attorney
From; Nancy Davila, Hort1~ulturist/Spec1al Projects Coordinator
Re: KETTELIiUT CONTRACT SETTLEMENT
Date: Au.gust 29. 1990
.
BACKGROUND - PRE - TERMINATION
---
In 1987 ~ the City of Delray Beach entered into a contract ~th the firm of
. H. Kurt Kettelhut & Associates to prov1de landscape architectural services
for the City t S Comprehensive Beautification Plan for the improvement of
selected arterial and collector road riShts-of-way.
As the project evolved i~ became clear that several o~ the target areas for
which Kettelhut was to prepare designs needed to be deleted from the overall
I projectdue-to-pendin~ road construction. These roads1ncluded West Atlantic
Avenue (betw$en'I~'9SandM1litary Trail), 'Lake Ida Road, and S.W. 10th
Street.
, In Novemb~f 1989 I was asked by Interim City Manager, Malcolm Bird, to
review~he fees already paid to Kettelnut out of the $164,900.00 contract.
At that time, I found that per the '~rofessional Fee Payment Schedule'
(attachment , 1) as outlined ,in the contract, that all services had been
performed and the consultant had been paid in entirety for all phases of
~ t work eXcep~ for Landscape Contract Drawinss and Landscape Inspections.
In light of the proposed deletions of the aforementioned , target areas. I
recommended that the consultant's fees for 'Landscape Contract Drawings' and
'Landscape Inspections' be reduced to reflect the decrease 1n work to be
performed.
In Decembet' 1989 I prepared a Chang~ Order for a deletion in design and
inspection fees representing $14,451.00. Kettelhut responded that he felt
certain additions should be made 'to the contract as well. (Kette1hut letter
attachment , 2). I reviewed his proposed additions and could support only
one of his requests for increased fees. (Davila memo attachment # 3).
A Change Order for the deletions' and additions was presented at the Dece~ber
12, 1989 Commission l21eeting. Kettelhut would not agree to the deletions
without the additions. and as a result. the City Couunission voted to
terminate bis services.
1
., .. . ... . . . . . - ... - - . . .'
_......... .... "M .__ . . -
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!
I
BACKGROUND - POST - TERMINATION
---
SU8an Ruby and I have met'with Kurt Kettelhut several t~es since the
termination of his contraet in an attempt to reach an amicable settle~ent of
fees due.
In February 1990 I reviewed outstanding invoices and designs completed
to assess the fees due Kettelhut. At that time. I felt that $16,485.86 was
due (attachment' 4 - total Fees due Kettelhut on Beautification Contract).
Kettelhut felt that the City owed him $23,973.05, or a difference of
$7,487.19.
The item was scheduled for the February 13, 1990 Commission meeting. at
which time it was tabled until the March 14, 1990 meeting as Kettelhut sent
a letter stating that he would not settle for less than $23,900.00 and
requested that the matter go to arbitration. The City Attorney's office
asked for the additional time to research the contract to determine if
. arbitration was the appropriate vehiele for the settlement.
At the March 14, 1990 Commission meeting, the Commission denied Kettelhut's
. request for final payment in the amount of $23,973.05 and further authorized
, the staff to continue negotiations for a settlement.
i On June 20, 1990 a meeting was held with Commissioner Andrews, LuIa Butler.
~ Susan Ruby, Kurt Kettelhut. Michael Sullivan (Kettelhut's Attorney) and
I
, mysel~ to hopefully reach a final settlement. I don't think any progress was
~ actually made, in, f~ct_ " it, seeuthat, "the ,Kettelhut was asking for more
. money, and the City's' posture was 'that we ~oui.d 'recotllIOend a settlement less
than the dollar amount in February. This was due in part to the fact that
. Mr. Kett~ no longer was willing to compromise on certain issues that had
been '~8re.d to in February. At that pOint I felt no obligation to adhere
to certain aspects that the City had 'agreed' to such as the percentage of
work completed. '
.
. CURRENT STATUS
-I On June 28, 1990, Kettelhut's attorney sent a letter asking the City to
review data upon which,Kettlehut based his final amount due on the contract.
The majority ot the data for review was old material that had been
submitted in February and addressed in my letter of February 5, 1990. The
'Beautification Billing Summary'. however, was 8ubstantially revised.
~hroulhout the course of Invoiciug the City 'for fees due on this job,
Kettelhut had billed the work as it rel~ted to, the specific phases set up
for payment within the 'contraet. Each invoice was broken down, and debited
against the total amount to be spent on that particular phase of the work.
Technically, the dollar amount set up for' any phase was not to be exceeded.
but it was difficult to stay strictly within those parameters, and early on.
as an example, Kettlehut billed $745 more to the 'Right-of-way/lnventory'
phase ' than was permitted, but he made up for the overage, by billing $745
less than was allocated for 'Site E~aluation'.
2
,
... ,. _........ ._~._..... . . _._.. _.... .. .". .... .. 0._...... _. .... . ... .._ .. .., ...._
,
,
: lCett~lhut'8 billing' summar~ goes all the way back
revised to the first
invoice submitted and alters the'dollar amount to be 'billed for the
i different phases. Most significant is that many invoices that attributed the
fee~ to Landscape Drawings have now been shifted to be billed under the
'Master Plan' phase. The original budget for the 'Master Plan ' phase was
$5,000. By revising 'the billing Summary, Kettelhut is now reflecting that
his labor in that phase amounts to,$lS.S99.S0.
" of t~e Kettelhut spent on the 'Master Plan' phase has
The _aunt been a
point at contention for quite a while. Xettelhut claims that the City and
the Beautification Task Force asked him to prepare the Master Plan at a 100
scale instead of 300 scale. I specifically remember theconversat1on with
former City Engineer, Gerald Church. Kettelhut and me. Wherein, Xettelhut
approached us about changing the scale. He said it would be more work up
front, but that it Would facilitate the development of the actual landscape
dra~ings and reduce fees associated with their preparation. O\,lr response to
Kette.~hut ~as that if he 'felt it, ~ould tnake that much of a difference that
We had no objection. but the bottom line was that we were not paying any
additional fees for the preparation of the 'Master Plan' at 100 scale.ie.,
any increase in the preparation of the 'Master Plan' phase ~ould be offset
. by a decrease in fees for the 'Landscape Drawinss' phase.
In kettelhut's letter of December 4. 1989. he asked for an addition to the
contract in the amount of $3,000 to cover 'additional changes to the master
i Plan Phase'. I noted in my response that, in a~dition to the $5.000 we paid
I him O\,lt of the 'Master Plan' phase that we had actually been billed (~nd
I paid) ~or the.IOO scale dra~ings out of the 'Landscape Drawings' phase in
. ,the amount of $4. 792~SO.' ' I 'did not recommend approval of his request for
I additional fees for the 'Master Plan' phase then. and I do not recommend it
I no~. Nor Can I justify ~hy he claims the 'Master Plan' fees should ha\Te
~ increased'~ the $8,000 total he was asking 1n December to the $15.599.50
! that h8-feels is attributed to the 'Master Plan' phase no~.
Other major areas of d1vergence in the fee summary are monies Kette1hut
feels the City Owes him for ',Governmental Review'. 'Landscape Drawings'.
and 'Inspections'.
,
, , a complete review of material SUbmitted.' and the City'S records.
After it
appears that Kettelhut feels the City owes him $46,677.76 for fees.
including project r~1mbursables and project extras.
My evaluation is that the City O~es Kettelhut $11,781. 81. This is a
difference of $34,895.95.
Since the review of fees due last February. Kettelhut has increased his
request tor payment by $22,704.71. I have reduced the amount for ~hich I am
recommending payment by $4,703.19.
3
, . . . '. . . -
' , -
i
TOTAL FEES DUE'K!tTELHUT ON BEAUTIFICATION CONTRACT
i
!
!
The fol1ow1ng fees are due on invoices submitted to date that Staff feels
are warranted and should be paid. (Fees for contract drawings are listed
, separately):
Invoice I 89-146 * Inspection $ 302.50
Invoice , 89-147 * Inspection $ 220.00
Invoice , 89-150 ** Reimbursable $ 382.71 (Paid)
Invoice , 89-154 Inspection $ 190.00
Invoice , 89-154 Extra $ 315.00 (Median configur. change)
Invoice , 89-15S ** Extra $1,050.00 (Pinap.Gr. Paid)
Invoice I 89-159 * Inspections $2,651.25 (75% on Inspect.Reports)
Invoice #89-168 Extra $ 840. 00 (Comm~ appr-Qved 12-12-89)
I Invoice I 89-169 Reimbursable $ 598.00
Invoice , 89-170 Extra $ , 460.00 (slides, computer image)
Invoice # 89-171 Inspections $1,890.00 (75% on Inspect. Reports)
: Invoice' 89-172 Extra $1,890.00 (Commiss.Fresentations)
.
I Invoice # 89-173 Extra $ 800.00 (Pineapple Grove)
, Invoice , 90.101 Reimbursables $ 104.95
---------
I . $10,261. 70
I Design Fees Due 1.520.11
, . ..... .. . -
---------
. Total Fees Due $11,781.81
i
I
I . Inv~ , 89-146 and 89-147, Consultant feels that he should be paid and
aClltitional $1,120.00 and $680.00 respectively as an extra for the revision
of head spacing and revisions to plans to hook-up to City water. Staff does
not feel charges are warranted.
lnvoice # 89-159, Staff has recommended paying 75% for inspection reports
and not the full amount as reports were not received until January 22, 1990.
Consultant is asking for an additional $883.75.
** Represent invoices for which the Consultant is asking payment, . but the
City has already paid.
There :b a major d1sagreement regarding the fees due for Mid-Federal
Highway. Staff feels that the total project cost should have been reduced
significantly when the City Commission agreed that only the areas adjacent
to the extreme east and ~est right-Of-way should be addressed. There is also
a lack of agree~ent on the percentage of work completed at the time the
contract was terminated. Work ' produced shortly after tertl1ination is
indicative of 25% completion. Consultant 8tates he has finished 90% .
4
.. . .~. . ... . ... . . . . .. . .--.,. -., . .
o. . " .. ...
~
~ KE'l'TELHUT LANDSCAPE CONTRACT - DESIGN FEE S~y
I
1
PROJECT , AMOUNT AWARD % OF TOTAL PROJ. %WORK FEE
LOCATION OF BID BUDGET FEE COMPL T . EARNED
~~----------------~-------_.---------~~~------~---------------~------------
>
HOMEWOOD BLVD $ 75,551. 00 3.21% $ 1,765.50 100.00 $1.765.50
WEST LINTON $ 241.034.00 10.26% ' $ 5,643.00 100.00 $5,643.00
EAST LINTON $ 101,961. SO 4.34% $ 2.389.03 100.00 $2.389.03
S.FEDERAL KWY $ 182,839.00 7.79% $ 4,284.50 100.00 $4,284.50
ATLANTIC CORR. $ 78,549.63 3.34% $ 1,837.00 100.00 $1,837.00
AtLANTrC/I-95 $ 162.948.08 6.94% $ 3.993.13 100.00 $3.993.13
LIN'ION/I-9S $ 178,676.31, 7.61% $ 4,262.82 100.00 $4,262.82
NE 8TH STREET $ 59.260.00 2.52% $ 1,388.51 100.00 $1,388.51
. N.FEDERAL HWY $ 234,523.00 9.99% $ 5.494,50 100.()0 $5,494.50
1 MID FEDERAL $ 192.410.00 8.19% $ 4,504.50 * 25.00 $1,126.13
MID FED DELETE $ 167,590.00 7.14% $ 3.927.00 17.00 $ 667.59
i LAKE IDA $ 193.290.00 8.23% $ 4,528.94 17.00 $ 769.92
. NORTH CONGRESS $ 150,000.00 6.39% $ 3,514.50 90.00 $3,163.05
MlD& S.CONG $ 134,680.00 5.73% $ 3,151.50 48.00 $1.522.95
WEST ATLANTIC $ 232t200.00 9.89% $ 5.440.64 17.00 $ 924.91
SE/SW 10'IH ST. $ 30,000.00 1.28% $ 702.92 70.00 $ 492.04
SOUTH DIXIE $ 54,060.00 2.30% $ 1,266.67 ** 17.00 $ 215.22
ENTRY SIGNS $ 10,000.00 0.43% $ 234.31 100.00 $ 234. :n
------------------~----------~~---~----~----~._--~~~---~------._----~-----
TOTAL COST $ 2,479,572.52 " , $58,837.43 $40.174.lL
CURkENT BUDGET $ 2,347,000.00 --.. $55,000.00 $38,654.00
-.......
i}rFFERENCE $ 132,572.52 Fees Due - $ 1,520.11
It Percentage of work co~pleted was reVised from prior fee summary as staff
felt the work submitted as of the 'due date' was representative of only 25%
and not 60%. As a point of eompro~i8e, the City had originally 'agreed' to
60%. as no compromise is being made ou the Consultant's part, the City has
no obligation to pay 60%.
, .
** Prior review accepted work as 90% complete. Subsequent to that time. it
was found that the Consultant did not appear to utilize the base plans
:~ prepared by the Engineering firm. Plans do not coincide with the aerials and
are not usable.
Revised 2-5-90
Revised 8-30-90
,
'. - .. ...__...~ -- . ... .... - . . - - .
.. - .. . , .'
.
i
I RECAP OF CITY'S BILLING SUMMARY FOR KETTELHUT'S SERVICES AUGUST 1990
I - J. . ......... __
!
LABOR PAID FEES DUE
~
R/O/W Inventory $ 4,745.00 $ 4,743.00 $ 00.00
','
Site Evaluation 3,225.00 3,225.00 00.00
Base Data 9,992.50 11 ,512.50 1,520.00 due city
Site Analysis 4,645.00 4,645.00 00.00
Design Standards 11,355.00 11,355.00 00.00
Master Plan - 6,520.00 5,000.00 1,520.00 due Ket.
Governmental Review 4,265.00 4,265.00 00.00
. Budget 1,948.00 1,948.00 00.00
Landscape Drawings 40, 174. 11 38.654.00 1,520.11 due Ket.
i Inspections 9,703.75 4,450.00 5.253~75 due Ket.
!
Adldn1etration . _... .,. a 2,997.50 2,997.50 00.00
i ..,' .
I 36,000.00
, WHS Engineering 36.000.00 00,00
.
i ..._---~---- --..------ ----...---..--
~ Tota"'1-Fees $135,570.86 $128.797.00 $ 6,773.86
.
Beautification Grant $ 3,S20.00 $ 3,520.00 00.00
WHS Relmbursables 3,654.00 3,654.00 00.00
Project reimbursables 31,121.39 30,418.44 702.95
Project Extras 15, 212~OO 10,907.00 4,305.00
--...---....- ---------- ---..._----
Total Reimb. & Extras $ 53,507.39 $ 48,499.44 $5,007.95
-....---..----- ----~---~- ---------
---....._----- -------..-- ----------
TOTAL PROJECT BILLING $189,078.25 $177,296.44 $11.781.81
6
. . .. ..-"Jlo...4 . .... . . .. - . .. -.. .. ... . -, . .
- . .. . ....
.
. . RECAP or KETTELHUT'S BEAUTIFICATION BILLING SUMMARY JUNE 1990
...-. 1,. --
LABOl PAID FEES DUE
R./O/W Inventory $ 7,150.00 $ 4,745.00 , 2,405.00
Site Evaluation 1,645.00 3,255.00 ( 1. 610. 00)
Base Data 13.992.50 11 ,512.50 2.480.00
Site Analysis 4,645.00 4,645.00 00.00
Design Standards 11,355.00 11.355.00 00.00
Master Plan 15.599.50 5,000.00 10.599.50
Governmental Review 9,747.50 3,305.00 6,442.50
Budget 1,948.50 1.948.50 00.00
.
Landscape Drawings 51,244.10 38,294.00 12,950.10
Inspections 12.027.50 4,450.00 7 , 577 . 50
Administration 1,375.00 2,662.50 ( 1.487.50)
WHS Engineering 36,000.00 '36,000.00 00.00
------------ --..-..-....-...-- -...--..----....-
Total ~ $166,729.60 $127~372.50 $39,357.10
-.
Beautification Grant $ 3,520.00 $ 3,520.00 00.00
was Reimbu~sables 3,654.50 3,654.50 00.00
Project Reimbursables 30,885.12 29,799.46 1,085.66
Project Extras 16,902.00 10,667.00 6.235.00
------..-~-- ......------~-... --..---......-
Total Reimb. & Extras $ 54,961.62 $47,650.96 $7.320.66
---------..-- ..---------.. .-..------
--------..-- ------------. ....---...--....
TOTAL PROJECT BILLING $221,691. 22 $175,023.46 $46,677.76
7
. . .. ... --... . .
, .
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # ~\Y\ - MEETING OF SEPTEMBER 25, 1990
ACCEPTANCE OF SETTLEMENT OFFER
DATE: September 21, 1990
We received an offer of settlement in the amount of $14,000 from
Hermina Marks. Ms. Marks filed a lawsuit against the City alleging
that on March 29, 1989 as she was walking on the "sidewalk" along AlA,
north of Atlantic Avenue, she tripped and fell as a result of grooves
in the "sidewalk" , which appeared to have been caused by tire treads
embedded in concrete.
The City Attorney's office has reviewed this settlement offer and
recommend acceptance.
Recommend acceptance of a settlement offer in the amount of $14,000 to
settle litigation pending against the City initiated by Hermina Marks.
~ .
-
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE ': . S J i ,[ :ii'~(~::_.C~'~f!\n ~I LJD:(~~~I\~ ~,"7~~~~~~~~RIOA 33483
MEMORANDUM -
Date: June 20, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Hermina Marks vs. the City of Delray Beach, Florida /
Settlement Offer
Hermina Marks has filed a lawsuit against the City of Delray
Beach alleging that on March 29, 1989 as she was walking on the
"sidewalk" along AlA, north of Atlantic Avenue, that she
tripped and fell as a result of grooves in the "sidewalk",
which appeared to have been caused by tire treads embedded in
concrete.
Mrs. Marks, who is 75 years old, broke her right wrist and as a
result of the break, has experienced a lack of range of motion
in her wrist which prohibits her from lifting a coffee pot with
her right hand, as well as performing other daily chores. The
medical expenses to date are approximately $5,000.00.
Mrs. Marks, through her a Attorney Steven Weiss, has presented
an offer in the amount of $14,000.00 in settlement of this
lawsuit. After further negotiation, Mr. Weiss has agreed that
the City shall not be responsible for costs.
Our office recommends that the City Commission accept this
settlement offer.
By copy of this memorandum to David Harden, City Manager and
Cheryl Leverett, Administrative Assistant I I I, please ensure
that this settlement offer is placed on the September 25, 1990
City Commission agenda.
Please do not hesitate to contact me for additional details
~this litigation, if you should desire to do so.
S : i
Attachment
cc David Harden, City Manager
Cheryl Leverett, Administrative Assistant III
... ~ '''--."j~':~.~. ;o;.~'.: :.
f MANOFF & WEISS, P.A.
~ A Att.onlCy6 and CulUl.-.elo~ at L4w j~' - '. .'.
. lAKE WYMIIH PI AVo
. - . 2424 NORTH Ft:UEfW. Hl('oHWAY . , ...
l:lUITI!~lI
IkK.~l It.'ltorl, J:01orlda ::\:3431
~ TEI.F.PHON~ (40713~-9GQ9
r.TVAAT R. MAHOf'f' l"M( UNtO (401) ;).I/.1l67ll JUf'ITClHll=FlCE:
.~ srl:VEN No we~' AAVNOlOS PLA7A.
:1 SUIT'; 311
'N M .......... cr.. "f,r'a:' 1M" t061 EM"!" INOIANTOWN HOAO
JUPITC:A. FI OHIOA :1.1411
sent by Facsimile Transmission (4Q1) 144.(140(1
,.-
and by Regular Mail flEPL Y TO: ~CA RATON OFFice
September la, 1990
Susan A. Ruby, Esq. -
.-
\ Assistant City Attorney
Suite Four
310 Southeast First Street
, DelrayBeach, Florida 33483
1 ,
I Re: Hermina Marks vs. City of Delray Beach, Florida
Palm Beach Circuit Case No. CL-90-9219-AO
Dear Ms. Ruby:
~_.- --- -
\ After our discussions yesterday with regard to the above claim, I
, spoke with Ms. Marks this morning with regard to potential
settlement. As I advised you in our conversation, I feel that
I the, ca~is worth a minimum of $lS,OOO.OO--t:o $20,000.00.
Howe~;-:::in order to avoid the expense of mediation and of
preparation for trial, we would be willing to accept settlement
of this claim for $14,000.00, plus our costs of $497.37, for a
total settlement of $14,497.37. I believe this is certainly a
fair and equitable settlement as this figure is below the minimal
value of $15,000.00 which we place on this case.
'- Please advise me if you are willing to recommend this settlement
to t~e City Commission and if so, their decision i~ this regard.
I look forward to hearing from you and remain,
!.- ,
'Very truly yours,
;.
By:
SMWsej~
dM.rubyl
.' .' '" ,_ ",n __' _ .-.
, ~ .'... h_ . _. ..... ,-
. .
.' ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25 1990
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
DATE: September 21, 1990
· This is a Seat 3 appointment to fill the vacant alternate position
created by the resignation of Jean Beer. This appointment will be for
a term ending January 13, 1993. We received applications from Richard
Eckerle, Catherine Newkerk, Marc Shepard, and Stanley Watsky.
" This is a Seat 4 appointment of a member to fill the vacant architects
position to a term ending January 14, 1992. We received applications
from Richard Brautigan, Susan Gracey and Ronald Rickert, III.
Recommend appointment of an alternate member to fill the unexpired
term of Jean Beer to a term ending January 13, 1993 and of an
architect to a term ending January 14, 1992.
.
ru!.MUKIU'llJU1"l
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: VACANCY FOR AN ALTERNATE MEMBER ON THE CODE ENFORCEMENT BOARD
DATE: September 18, 1990
With the resignation of Jean Beer from the Code Enforcement Board, there
is a vacancy for an alternate member for the position of layperson. The
duration of the term would be until 1/13/93.
The Code requires that, "Each regular and alternate member of the Code
Enforcement Board shall be a resident of the City".
The following persons have submitted their names and resumes for
consideration: Richard Eckerle, Catherine Newkerk, Marc Shepard,
and Stanley Watsky.
Based upon the system adopted by the City Commission in March of 1990,
the appointment would be made by Commissioner William Andrews (Seat #3).
codI. txt
I
CITY OF.DELRAY BEACH reu . ? /J3!la
BOARD MEMBER APPLICATION
. .
NA.'1E Richard L. Eckerle
382 S.W. 27th Avenue, Delray Beach, FL 33445
~OME ADDRESS (Street, ~ity, Zip Code) (LEGAL RESIDE~CE)
retired
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 278-2328 Bt:SINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Site plan review board Ccf;
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOCSLY
SERVED (Please include dates)
CAB, alternate member from 11-17-87 to 7-25-89; regular member 7-25-89 to 8-25-91
EDUCATIONAL QUALIFICATIONS
George Washington Iniversity, Business Administration 4 years - 1951
LIST &~Y RELATED PROFESSIONAL CERTIFICATIONS &~ LICENSES ~~ICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, &~D POSITION
W.R. BonsaI Co. (cement products) 1951-1984, sales and marketing director
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH Qt:ALIFY YOU TO SERVE ON THIS
BOARD
With BonsaI company, I was responsible for promoting their
products to distributors, general contractors, architects and engineers; served
on Community Appearance Board from November 17, 1989 until current time
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE A..'m
UNDERSTAND THAT &~Y MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF &~y APPOINTMENT I MAY RECEIVE.
fi:J~JJ f. ~~ no~<.td- :l.'? /9-70
SIGNATURE DATE J
4/90
Education:
College: University of Cincinnati 1939-1940
George Washington University 1938-1939
George Washington University 1947-1951
plus special seminars on cement speciality
products and finishes over 33 years, I was
with W.R. Bonsal Co.
Military:
U.S. Army - Counter Intelligence Corp
1942-1945
Professional Experience:
Family business until November 1946, at which
time I returned to college to finish my ed-
ucation
Sales and marketing to the construction
industry with W.R. Bonsal 1951-1984;
Bonsal Co. (1) mines sand and gravel
(2) manufactures cement speciality
products such as tile cements and grouts,
stucco finishes, waterproofing cements,
asphalt mixes, bonding mixes for cements,
concrete mixes, etc.
Community Involvement:
Lived in South Florida since 1955
1. Served on Town Council, Hollywood Ridge
Farms, Broward County for 4 years (now part
of Pembroke Park)
2. Vice-President of Ives Estates Civic .
Association, Dade County
3. Elected to Broward County Committee
(Rep.) 4 years
4. Elected to Dade County Committee (Rep.)
and served as Chairman of membership committee
until I moved to Delray Beach in 1979.
5. Served on Palm Beach Republican County
Committee 2 years
. (Continued, next page)
(6) In the Wood lake Community, member of Board
of Directors of Homeowners Association, 4 years;
President 1 year
(7) Current President of Men's Club, last 2 years
(8) Member of PROD (Progressive Residents of
Delray) since the group was organized, currently
Vice President
(9) In Broward County, served 2 years on Committee
of Quality Education, appointed by the School
Board to study their total education system, committee
made up of 65 community leaders from geographic areas
(10) Served on Visions 2000 Committee and worked with
Decade of Excellence Bond Promotion
I have enjoyed being a member of the Community Appearance Board the
past 3 years (I have missed only 1 meeting in the past 2 years - I
took a vacation).
I visit and study all location on the agenda before the meetings.
I also attend City Commission meetings, which keep me informed of the
policies and wishes of the City Commission.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME C P,1H~R IN r=- G-. NEuJKct:.i\
JIg Ii IGI-l LAJ'J> I-ftt/6. ':iJE-L!<ft1I5cl1U1/ FI-- 3.3J/..;~
FlOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
. 1:d0 AI. E. I 6/. D E. LR,A '1 ~ t.ll tJf, F't- .3 J 4/"';
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 1.../01- J..1g-'O/~O BUSINESS PHONE t/o1~ ~7t. O/~ J-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING eO~E EJf~t~€~e~~
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS B.f.LA. ( t~lrlOJItU 3US1/C!.6) rLofluA
AnA,.(-ne.; UrJlt)Ee.5(T~. I1eM!;tf.iHIPOIAlfNfttJ ))~LfAl.f AfffCA
.&M:.b Or tffALfof!:rJ GttlV trrJ~e ~~41IrceJ T6'1aJ i1LS- ~LG~ ~ f((/
NLS WJ.I ~ ,-(,ee
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS k~D LICENSES WHICH YOU HOLD
REAL E~,1-t16 I3f.OJle(
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
o uJ IJt.( - A P",t1Ct IrJ 1He suJJ IJe Rr:PrL E.5iA,c
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ANu I tll't:;tE!) r lJ THe:
R~ e.srAf6 SRo~c::t.
GRowm D~ (!,/II.( of DE Lt.A '1
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE A.. 'I D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
M/Ju}U) #. {lwtA 9-11-Qo
SIGNATUR DATE
4/90
I
C~Tl OF DELRAl BEACH . C\O
BOARD MEMBER APPLICATION ~ q~
rn QV'C S"' kef'-nJ ~.. ~
NAME
~ Lf-5' 0 ;JUN;per O,..;ve I Delrca.f ~ch, 3'34-4-S-
HOHE STREET ADDRESS, CITY~ ZIP (LEGAL RESIDENCE)
~Me
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
Jtt.-3. - Cf7LfI S~~
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS AR~ ~ /d~~e<?
C I
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) NoN(L
-
QUALIFICATIONS e.$'"",~ t1l Gt1fT:
...'" S'e verA.(
\ ~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
NcI'J"L
aIvl YOUR PRESENT, ORb HOST RECENT EH~OYER, AND POSITION _fJ~ ~ ~
5c.. oct Beo..rJ.. I ..5...... .s+~~t~ --red e.r '
......J
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY HISSTATEMENT OF HA TERIAL FACTS CONTAINED IN THIS AP-
PLICATION HAY CAOSE FORFEITURE OPON HY PART OF ANY APPOINTMENT I MAY
RECEIVE. rt/ qo ,;(j;()JJ~ JA,;tR~
ii.'<- ~ ~J
;2 , 7 - 10
SIG TURE DATE
~
I
CITY ,OF DELRAY BEACH
_ BOARD MEMBER APPLICATION
-)7 /j /'I J.. 1:-'" 'I t~ /lr s )( y
NAME ~
7 D Cj ~ A/ J-1../ -~ 4 /) j/ c: DEL i:: /~ 'I 1--:1, L-.c~ C /7' /~ _;~J ~~~..:.
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) I ----
. L 1''--' A - f") I-T:? -rl ;-::: ::> 1 /'
I ~DI r 0., [,I&-fJ.. E S S )/ -.... ~ C Y /V'7C~V _~/;'C (I ~;):> 7"~::."' 0
PRINCIPLE BUSINESS STREET ADDRESS, CITY, /ZIP
:z 7 ~-dD y....s- "73 -:9-/6 6 t!.~
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING }-/Ld // /V"/r/ ~ ~ 2 <: ;-//;/'/c:-.
/
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) i-) u,,>---r/Jr-J R~.t!./9r/or'~ C.t-//9/',R.;-r-/'9/'.
EDUCATIONAL QUALIFICATIONS ~)r- .JL; rlrJ~"'" ;/;--/1)/ eR S-LL'; ) J'I_~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
R Lq-; L L::- -ST7.:l.L_C:..._.= N /} 5"" D - L u -r c -
. ,.
-----
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION /P ce' c ,-,,..r;'- ):~-C,-I;-rJ.
t1 t::"I F1-l2.-F;:: (..... ( -77'91.../ .r IV .f" (/ te /JIve F ~~ a/-~~ /'./1' c-S
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SEnVE C::
THIS BOARD. J,./;. ~ Y E C' /7 S' w A~ /'7/-1/\/// t=- c /rclJ r- .A.~.,,-;I":?I J //E77/;"",
_ ~ .-!~ /(c:: ~ w/ ,,;1;2 0 e~ c:...; t/ ry ~ ~/1 /? O. 0 .^..., C~.;"7 /'7 / S,Jf c::' r J c- (I'.!
Ji---t""1 t/' c V c.J (...J C 'f? ~ c /9' 0 c- J, ~~.... P L.4- r'r"" t' / .... c- ...//~. /..-' r)
fJ -- /;;T;) --
: '-'/L p /~c...- //V /' 4"//'tc-l'<<.JU..5 ~.., < c..~":;/~'('/..J' /,,-///).--:..r.;
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 AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
HECEIVE. I _~AI
~ C/O ~d,
___:!r~! J'L____
- ATE
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: VACANCY ON THE CODE ENFORCEMENT BOARD FOR AN ARCHITECT
DATE: September 18, 1990
There is an existing vacancy on the Code Enforcement Board as a regular
member for the position.of architect. The term will expire on 1-14-92.
The Code requires that, "Each regular member and alternative member
appointed to the Code Enforcement Board shall posses, in addition to
experience or interest in the fields of zoning and building control, the
following minimum qualifications, where appropriate":
"The architect and the engineer shall be
registered under the laws of the state
regulating the practice of architecture
and engineering, or shall posses similar
qualifications under the laws of other
states, or shall have actual experience
deemed by the City Commission to be
equivalent to such registration."
The following persons have submitted their names and resumes for your
consideration which are attached: Richard Brautigan, Ronald Rickert, II,
and Susan Gracey. Mr. Brautigan is registered; Mr. Rickert hopes to
obtain licence this month.
Based upon the system adopted by the City Commission, in March of 1990,
the appointment would be made by Commissioner David Randolph, Seat #4.
coda.txt
-------
. . .
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
PAUL RICHARD BRAUTIGAN
------.--
NAME
2877 S.W. 2nd Street, Delray Beach, Florida 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
80 Depot Avenue, Delray Beach, Florida 33444
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
--
(407) 243-7944 (407) 272-9086
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority,
Historic ~reservation, CAB
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
._------
EDUCATIONAL QUALIFICATIONS R _ ~ CL.....J.n....A r (',,; t I> (' t 11 r;:! 1 ~ tudies.......Fla....A&~:LUniJz~
--B-..ArJ:}'; I" P (" t UJ:.e..,- All"" Tn TT n ; VI> r ~ iq --.-------.-------.-.--.- --
------ ._---------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~eg:rs tered ArChl. tec f -rr'Torl.aa:-;Ter"t l.f l.ea BUl.ld1ng -omcar-- -- ---- -- - - ------
--------
GIVE YQUR PRESENJ, OR MOST ~i8~NlR~~!T~8tJk\'s~ P~~~TION ______
~resl.dent, Archl.tect, Owner, , .
-- .- - - _.- -------
r ---.-. . ~.__L-_ __...._ .' ~. -. -
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. .
Experience l.n Low~come Housl.ng, Hl.S~Orl.C ~reserva~1on,~es1den~ of 5dU~~da ~8 years
--
--- - -------
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 AP-
PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
REC IVE. 7/90
v<11J.1.L
~~
_~1~ J-~i__- -- - ________
DATE
...---.--..- .---- u ._._....__._____ .___ .,__. ._._~--- GAS__.~__ _ .
-- ------_. . ----
. .
Gre11p
---Architect, Ire
South
About Paul Richard Brautigan------------- Inc.
P. Richard BrauUgan
With over 20 experience in Southern Florida, Mr. Architect
years
Brautigan has been in private practice over 4 years in
Delray Beach. Holding Architecture degrees from Florida A&M
University and Auburn University, Mr. Brautigan has designed
over 4,000 housing units and buildings as tall as 36
stories.
A native of Ft. Lauderdale, Mr. Brautigan brings his
philosophy to bear that buildings should be sensible as well
as belong to the site they occupy.
Having designed an extraordinary amount of diverse building
types from a native 'Cracker House' to the highly acclaimed
Saint Demetrios Greek Church . Ft. Lauderdale to the
1.n
wonderful Gold Coast Railroad Theme Park at Metro Zoo.
Currently, Mr. Brautigan has purchased the historic Seaboard
Air Line Railroad station in Delray Beach and has started
the restoration of the building for the relocation of his
firm, Group Architecture South, Inc.
Group Architecture South, Inc. was founded in Delray Beach
in 1983 by Mr. Brautigan and currently maintains a staff of
2 architects, 4 technical support personnel, I field
manager, 2 interior designers and 2 clerical supports.
The reputation of Group Architecture South, Inc. has been
built on the highly creative Architecture of Mr. Brautigan
coupled with the technical clarity and technical
completeness of the firms Construction Documents.
Mr. Brautigan was selected as Architect for the personal
houses of such notables as Edward Ledder, Chairman of the
Board of Abbott Laboratories; Warren Thomson, an
internationally known Wall Street trademark attorney; J.
Allen Jones, former corporate counsel of Eastman Kodak;
Colonel Robert Conlin of NASA, Jack Gaines and Nathan Architecture
Miller, prominent South Florida Developers; Jerry Baxter, Land Planning
Graphic De81~n
President of Corporate Design Interiors. Mode s
Golf Course
As Frank Lloyd Wright so aptly stated, "Give back the sloganArchftecture
'a good copy is better than a poor original' - to those
whose desire for success out-measured their capacity to
perform and who framed it in self defense." i
\ close examination of Mr. Brautigan's .architecture reflects
che originality, principles and truths of which Mr. Wright
spoke. 100 Ea."t Unton Bh'd.
Suite 202-A
Delray Beach. FL 33444
(306) 272-9086
.. h ._ --,.- -- -.. -.. --- --.- - GAS__ _
---- - -_._~ - ~-- . -- ---------
- -- -.:...~_..,,;
Group
Architecture
South
Inc.
P. RJchard Brauugan
The following Client List demonstrates the unique and Architect
diverse types of individuals, developers, etc. who found
Group Architecture South, Inc.
Nathan Miller - Developer Personal House
Jack Gaines - Developer Personal House
The Babcock Co. - Developers Cloverbend
Versatile Investment Properties - Developers Windwood
Restaurant - Delray Beach Po Folks
Lennar Homes - Developers Boca Chase
Diamond Equities - Developers Diamond Plaza
Gold Coast Railroad Museum Theme Park
Greek Orthodox Community of Broward County Church
Edward Ledder - Chairman,Abbott Laboratories Personal House
Warren Thomson - Trademark Attorney Personal House
J. Allen Jones - Attorney,Eastman Kodak Personal House
itehill Developers Hampton Club
~~even Whitehill - Developer Personal House
Henry Whitehill. - Developer Personal House
Hobe Sound Associates - Developers Hobe Sound Golf Club
Holiday Inns of America Hotel - Maimi
Jerry Baxter-Pres.,Corporate Design Int. Personal House
Richard Bagdasarian - Attorney Personal House
Castle Lake Corporation Apartments - Akron, Ohio
Kissimmee Station - Kissimmee, Fl. Railroad station Rehab.
Louis Vitale - Attorney/Former Judge Personal House
Architecture
land Planning
Graphic Desl~n
~Iode s
Golf Course
Architecture
.'-.
f
-. . ('
100 East Unton Bh'd.
Suite 202-A
Uelra}' Hesch. I'L 33 n 1
(306) 272-9086
-
/, . 'C 0 /!vt. . tQ - J. /~ 'I '
I
I
CITY OF DEL~AY BEACH
-c=J BOARD ,MEMBER APPLICATION
?2JJSA",\ C/ll? ~~y
NAME ,
PO E::::L-"?~ ~Ol \ _
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
De.~y ~~ I r-=~' ~L-:J -i - 301 I
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
~I_~L\=: ___-==--A-I2C+-\. \\"""F-C;-'\l ,tz,6-.L- ne:<:"1 ('"~('...l
A-O' - 7-, /7.- - 1 L\ c:::>t ~ D\ I I (')
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ~E YOU INTERESTED IN SERVING A...f\.l Y - ~TJt=:r
11 . F' t--i \=1""? T?( (2 fV1 S "J .,.- ,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) N(,,) ,,1F::r .
EDUCA:~OjAL QUALIFICATIONS MA.cC":21::6"r2"~C:; fV9J""H ,'I. De;o-S IC"7J.,J ,-
r--, ---=l.Lx___ _ - _
, \
\. ,j --
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
- ------.- - --
------ -
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~ ~--
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. ~12AD\)A-Ten , 14~? ~D~~E:~f~~~~ ~~ S~l~~l
I ~ CAr- p.'f7r t-\-1'"'r"Fr'Tl) ~l'dJ..-~_~ ~ - AI _ \ "'"" l i -I
..kC:>D~ APpU""_AT1h~ ~ _I2.~r~~J ~1l:1T") p(~ ~~
to\JILDIf\.D6'f .
PLEASE ATTACH A BRIEF RESUME. P~"el2-'( eYHAAJp.
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. qj'/ ~~ 60,4
OMGN~TURE -- f )rl------
_._ .' - ------- ,---.---.---------- --.--- -~.-~-_. --:-:;r:-;--:"--~-__-_::--
-
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Ronald J. Rickert, II
9109 e S.W. 21st street,Boca Raton, Florida 33428
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
25 Seabreeze Avenue, Delrav Beach. Florida 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407) 4888936 BUSINESS PHONE (407) 2764951
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING~(1) Historical Preservation
Board (2) Site Plan Review and A2pearance Board
( 3)J Planning and Zoninq Board L fC~ 0
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS see resume
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Will receive Florida state Architectural T.i~pn~p ~pptpmhpr 1990
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
Currie Schneider Associates - Project Architect/Managpr
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD t' fl . d I have experienced and endured many
As a na 1ve or1 ian,
events which make florida a unique place to live. In addition,
I feel obligated to serve the public as a consultant to provide
an opportunity to experience the best built environment florida
PLEASE ATTACH A BRIEF RESUME. has to offer.
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.
t'
~ ~, .;2.5~ 911
DATE
4/90
RONALD J. RICKERT, II
CAREER OBJECTIVE Desire a challenging. upwardly mobile posirion with an archirecrural fIrm as a
designer/project manager that will utilize a diversified work and educational history
while incorporating a commitment to excellence.
PROFESSIONAL . Ability to organize. detail and complete a full set of working drawings
STRENGTHS · Dedicated to profession
· Versa rile experience in building/design
· Capable of running Autocadd
EDUCATION
, 984- '987 Bachelor of Architecture (5-year professional degree)
Florida A&M University; Tallahassee, Florida
1981.' 984 A$soclate of Arts In Architecture
Broward Community College; Fe. Lauderdale. Florida
WORK EXPERIENCE
May '986-August '986 Quincy Johnson Associates Architects/Planners: Boca Raton. Florida
December '986 DRAFTSMAN/PROJECT MANAGER
Responsibilities included: Implemenring design development developing working
drawings; assisting with sire planning/visitation; developing schematics; and aiding
in office operations as needed.
May '985-August 1985 James M. Alford Trim Company: Boca Raton, Florida
FINISH CARPENTER
Responsibilities included: Meeting with customers; organiZing supplies/materialS;
providing detail finish work; and assisting with jobs as needed.
May '984-August J 984 O'Conner Construction: Coral Springs, Florida
FINISH CARPENTER
Responsibilities included: Conferring with customer, assessing needs of a given JOb
and implementing a plan of action to complere such_
June J 983- January '984 Woodworking Unlimited; Fe. Lauderdale, Florida
DETAILER/DRAFTSMAN IAW.1. Certified)
Responsibilities included: Producing working draWings/schematics; and providing ocher
draftsman-oriented duties as needed.
ACHIEVEMENTS/ · Member of IDP/NCARB Intern Development Program; February 1987
MEMBERSHIPS · Winning entry for a National AI.A. SchOlarship (awarded on behalf of The American
Institute of Architects; Washington. D.C.); Seprember 1986
· Winning design for a logo competition at FlOrida A&M Unlversiry, School of
Architecture; March '986
· Candidate for AI.A.5. Pres/denr; April '986
· Winning design in a sChool-Wide charrerre InvolVing corporate archlrects;
October 1985
· Al.A Scholarship {awarded on behalf of the Florida South Chaprer ALAI;
February 1985
. AI.AS. Active Member; 1982- J 986
· Won the Louis Wolf Foundation ScholarShip for Outstanding Architecture Studenr:
April 1 983
. President AI.AS. Chapter; '982- J 983
. Dean's Lise. , semester
· Honor Roll, 4 semesrers
-.. PERSONAL DATA Date of Birth: July 29. 1963
Social Security Number: 399-80-266 J
Marital Status: Health: Excellent
Interests: Airbrush art. photography. water skiing, biking, racquetball
References Available Upon Request
----_._._~---"'----_._-"- "-.....--
J
CITY OF.DELRAY BEACH ~ . ? jd3/ia
BOARD MEMBER APPLICAtION
NAME Richard L. Eckerle
382 S.W. 27th Avenue, Delray Beach, FL 33445
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
retired
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 278-2328 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Site plan review board Ccf;
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
CAB , alternate member from 11-17-87 to 7-25-89; regular member 7-25-89 to 8-25-91
EDUCATIONAL QUALIFICATIONS
George Washington Iniversity, Business Administration 4 years - 1951
LIST ~~Y RELATED PROFESSIONAL CERTIFICATIONS ~~D LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ~~D POSITION
W.R. Bonsal Co. (cement products) 1951-1984, sales and marketing director
DESCRIBE EXPERIENCES, SKILLS OR ~~OWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
With Bansal company, I was responsible for promoting their
products to distributors, general contractors, architects and engineers; served
on COmmUnity Appearance Board from November 17, 1989 until current time
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE ~'iD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ~~Y APPOINTMENT I MAY RECEIVE.
fi:i~Jl f. ~~ ~~<-d- ;)."? /9-7d
SIGNATURE DATE J
4/90
Education:
College: University of Cincinnati 1939-1940
George Washington University 1938-1939
George Washington University 1947-1951
plus special seminars on cement speciality
products and finishes over 33 years, I was
with W.R. Bonsal Co.
Military:
U.S. Army - Counter Intelligence Corp
1942-1945
Professional Experience:
Family business until November 1946, at which
time I returned to college to finish my ed-
ucation
Sales and marketing to the construction
industry with W.R. Bonsal 1951-1984;
Bonsal Co. (1) mines sand and gravel
(2) manufactures cement speciality
products such as tile cements and grouts,
stucco finishes, waterproofing cements,
asphalt mixes, bonding mixes for cements,
concrete mixes, etc.
Community Involvement:
Lived in South Florida since 1955
1. Served on Town Council, Hollywood Ridge
Farms, Broward County for 4 years (now part
of Pembroke Park)
2. Vice-President of Ives Estates Civic .
Association, Dade County
3. Elected to Broward County Committee
(Rep.) 4 years
4. Elected to Dade County Committee (Rep.)
and served as Chairman of membership committee
until I moved to Delray Beach in 1979.
5. Served on Palm Beach Republican County
Committee 2 years
- (Continued, next page)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER pvf
SUBJECT: AGENDA ITEM # qo - MEETING OF SEPTEMBER 25, 1990
WOMEN'S CLUB PARKING LOT PAVING
DATE: September 21, 1990
Some time ago, the Women's Club requested that the City repave, or pay
to have paved, the parking lot adjacent to the Women's Club. The
property upon which the Women's Club is located is City property. In
1948, the City leased this property to the Women's Club for $1 per
year. According to the original lease agreement, the Women's Club was
responsible for maintenance of the entire area. Subsequently, in
December 1989, the sitting Commission approved a request from the
Women's Club which turned over maintenance responsibilities for the
grounds surrounding the Club to the City. The intent of this
amendment was to upgrade the aesthetic area surrounding the Club,
only.
During previous discussions on this item, the Commission had requested
that the Women's Club be contacted regarding turning over their
facility to the City. They have indicated that are unwilling to
relinquish the facility to the City, however, are willing to share the
costs of paving the parking area.
The most recent estimate for paving the Women's Club parking area is
$8,300. The Women's Club is willing to pay $2,500 of that cost. The
remaining $5,800 is available in Community Services Streets, Alleys,
Sidewalks Resurfacing (Account No. 334-3162-541-60.53).
Recommend approval of request from the Women's Club to pave the
parking area adjacent to the Club provided that the Women's Club
agrees to pay one-half of the charge for resurfacing.
~, I
)
~I'Y DF DELAAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
Community Services
SUBJECT: AGENDA ITEM SEPTEMBER 25, 1990 AGENDA
WOMEN'S CLUB PARKING LOT PAVING
DATE: September ll, 1990
COMMISSION ACTION
Commission is requested to reconsider approval of request from the
Women's Club to resurface the parking lot at this site.
BACKGROUND
At the direction of City Commission staff contacted members of the
Women's Club to ascertain whether they would be willing to give this
facility back to the City with the understanding that they could use
the building without charge whenever they needed it. They were not
willing to do this but still request that the City repave the parking
lot. Mrs. Zulla Cook indicated, however, that the Women's Club would
pay $2,500.00 to offset the cost to the City. The bid for this
project was updated and the total cost is now estimated at
approximately $8,300 and can be contracted through a County
resurfacing contract with Charles S. Whiteside, Inc. City funding
needed for this project would be approximately $5,800 and is available
from account number 334-3l62-54l-60.53.
As previously discussed with Commission the City leased the land to
the Women's Club in 1948 for $1. 00 per year. The City does not own
the structure and by lease agreement we are responsible for grounds
maintenance.
RAB : kwg
THE EFFORT ALWAYS MATTERS
o.
rA~~_.--, , -
MEMORANDUM / (l 12/11 €" L~ '.
I .lJ& 0 . "
~ COM 5 90 I
'A-t, SIIC
S'GAO
TO: Robert A. Barcinski Up
Asst. city Manager/CS
THRU: william H. Greenwood
Director of Public utilities
FROM: George Abou-Jaoude
Dep. Dir. of Public utilities/Projects
SUBJECT: WOMEN'S CLUB PARKING LOT PAVING
DATE: September 5, 1990
I have met with Charles S. Whiteside, Inc., who is paving
our golf course, at the above referenced project. We
measured the parking lot and verified the calculations
prepared by the engineering department.
The proj ect includes the resurfacing of approximately 147
tons of asphalt. The estimated construction cost using the
Palm Beach contract price is $8,232.00. Whiteside will do
the job under the current contract price with the county at
SSG/ton. I have attached a copy of the contract for your
information. All additional work shall be compensated at
the rates listed in the bid #89-028/TE or by the approval of
the City Manager.
Please advise of approval so I can notify the contractor.
Sincerely,
/)
f'~ 'i1./! :J /&.-Il~
George ~ou-Jaoude
GAJ/gm
Att:
cc: fileifeclub
. \. (
. .
(' " 8lD 189-028/TE .
DISTRICT 2
. Item 15 - 0-20 Tons $ 135.00 .-per '.:..ton_..- ____._ ....
Item 16 - 21-49 Tons S 125,00 per ton
Item 17 - 50-100 Tons S 90.00 per ton .
Item 18 - 101-up Tons S 56.00 per ton Extended: S 22,4'00.00
DISTRICT )
Item 19 - '0-20 Tons S 135.00 per ton
Item 20 - 21-49 Tons S 125.00 per ton .
Item 21 - 50-100 Tons ~ 90.00 peL. ton
Item 22 - 10l-up Tons S 56.00 per ton Extended: $ 22.400.00
!l:- -:~;: .._>t . ..t~~
~
Item 27 - 0-20 Tons $ 135.00 per ton
Item 28 - 21-49 Tons $ 125.00 per ton
Item 29 - 50-100 Tons S 90,00 per ton
Item 30 - 101-up Tons S 56.00 per ton Extended: $ 22,400.00
TOT1\L ITEMS 1 TDRU 30: $ 197,800.00
Is Schedule of Subcontracting form 1nclMded? .r H per T & Condo 115.
Was Visual Inspection Made? ~.. y N per T & Condo '17.
Is Qualification of Bidders information 1ncluQed? "* Y H per T & Cond:,'I18.
Is Copy of License/Permits included? Y 'H per T & Condo 119.
** Previously Submitted
.
VENDOR REPRESENTS THAT HE/SHE IS 1\:
Black Minority Business Enterprise ( )
,Hispanic Minority Business Enterprise ( )
Other Minority Business Enterprise ( ) specify .
Women Business Enterprise ( )
Non-Minority Vendor ( Xl
. NJlME OP PIRM: CHAR'LF.S S. W1lITESInF.. lHC.
. "
.
DY:
ADDRESS: 250 72nd Drive, North .
West Palm neftch. Florida 33413
- .h ._.....n.... .'-'" ......v. - .. .... -.. '- - .,~ -0." - - .
TELEPHONE: ( ',07 ) '.71-7696
STATE LICENSE I CCC008567 COUNTY LICENSE' U-8746
i,' lif applicable) l if applicable) I;'
. . -
.! CITY LICENSE I (it applicable) '.j
..i~t.l
". -21- .;:,~ ".
.;......
. .
. ...
,
[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 3] 0 S.L ] sl STREET, SUITE 4 DURAY BEACH, FLORlDA 33483
407/243-7090 TELFCOPIFR 407/278-4755
MEMORANDUM
Date: September 27, 1990
To: Alison MacGregor, City Clerk
From: Susan A. Ruby, Assistant City Attorney
Subject: Resolution 74-90 / Resolution of Taking for Fire
Station Property
Please forward to our office four certified copies of
Resolution 74-90. Thank you.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .-
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25 1990
RESOLUTION NO.
DATE: September 21, 1990
At your August 14th regular meeting the Commission authorized the City
Attorney's office to obtain the necessary surveys for the property
being considered for acquisition for the relocation of Fire Station
No. lo Those surveys have been completed and the Resolution for
taking (Resolution No. 74-90) is being prepared. This action is
before you for approval of that resolution. It is anticipated that
the final document will be prepared and distributed to you prior to
your Tuesday evening meeting.
Recommend approval of Resolution No. 74-90.
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,L 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243- 7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: September 21, 1990
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Resolution of Taking - Fire Station No. 1
A resolution of taking has been prepared by our office for Fire
Station No. lo We expect to have the legal description
necessary for inclusion in the resolution prior to your meeting
~er 25, 1990.
- /
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Attachment
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RESOLUTION NO. 74-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING A
PORTION OF BLOCK 20, TOWN OF DELRAY AS SHOWN ON THE
PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 3 AND
4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,
FLORIDA, FOR THE PUBLIC PURPOSE OF BUILDING A NEW
FIRE STATION FACILIT'': HO. 1 ; FINDING THAT THE
ACQUISITION OF SAID PROPERTY IS REASONABLY NECESSARY
FOR THE CONSTRUCTION OF A NEW FIRE STATION FACILITY
NO. 1; PROVIDING THAT IN THE EVENT EMINENT DOMAIN
PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS
AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS,
EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO
ASSIST THE CITY ATTORNEY IN THIS MATTER ; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Chief of the Fire Department of the City of
Delray Beach has recommended the acquisition of certain real property to
be utilized for the construction of a new fire facility; and
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to construct the new fire facility;
WHEREAS, funds are available for the above described
acquisitions; and
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property in fee simple for the building/
construction of fire station facility No. 1 and related purposes is a
public necessity and essential to the interests of the residents of the
City of Delray Beach, Florida; and
WHEREAS, in order to accomplish the acquisition of the needed
property, it is necessary for the Chief of the Fire Department and City
Attorney to take legal action and to employ real estate appraisers,
experts in other disciplines and private counsel to assist the City
Attorney in this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
Section 1. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals of
the value of the property hereinafter described for the purpose of
acquiring said property.
Section 3. The City Attorney is authorized and directed to
proceed to take all necessary steps, including the hiring of appraisers,
accountants, and experts in other disciplines whom the City Attorney
deems are necessary for the adequate and complete representation of the
City in this matter, in order for the City of Delray Beach to acquire in
its own name by donation, purchase or eminent domain proceedings, fee
simple ti tle to the property, more particularly legally described as
follows:
All of Block 20, Town of Linton, as recorded in
Plat Book 1, Page 3, PUblic Records of Palm
Beach County, Florida.
Less the North 150.00 feet of said Block 20.
-----.
~
Less the lands conveyed in Official Record
Book 1074, Page 369, Official Record Book
1067 Page 208 and Official Record Book 1264
Page 139 for additional right-of-way for
Atlantic Avenue.
The City Attorney is further authorized to have prepared in the name of
the City of Delray Beach all papers, pleadings, and other instruments
required for that purpose and to see that all eminent domain proceedings
are prosecuted to judgment. The Ci~y Attorney is authorized to retain
independent counsel to assist in this matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
fully accomplish the purposes hereinabove directed.
Section 5. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular session on this the _____ day of
, 1990.
MAYOR
ATTEST:
City Clerk
2 RES NO, 74-90
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DEseR I PT ION
ALL OF BLOCK 2~ TOWN OF LINTO~ AS RECORDED IN PLAT BOOK J PAGe
3, PU8L IC RECORDS Olf PAL", StACH COUNTY. FLORIDA.
LESS THE NORTH J60, 00 FEET OF SA 10 BLoCK 20.
L!$S THE LANDS CONVEYED IN OFFICIAL RECORD BOOK 1074 PAGE 369.
OFF/~/AL R~CORD SOOK 10a7 PAGE 20~ OFFICIAL RECORD BOOK 1018 PAGE
313 AND 0 Fie/At ~ECO~D SOOk J264 PAGE 139 FOR AODITIONA~ RIGHT-
OF-WAY FOR ATLANTIC AVENUE.
CONTAIN/NO 2.858 ACRES, NORE OR LESS.
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I RESOLUTION NO. 74-90
i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF !
:1 DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION !
"I IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING A
, PORTION OF BLOCK 20, TOWN OF DELRAY AS SHOWN ON THE
PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 3 AND
4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, FOR: THE PUBLIC PU~OSE OF BUILDING A NEW
FIRE STATION FACILITY NO. I 1; FINDING THAT THE
I
ACQUISITION OF SAID PROPERTY IS REASONABLY NECESSARY
FOR THE CONSTRUCTION OF A NEW FIRE STATION FACILITY
NO.1; PROVIDING THAT IN THE EVENT EMINENT DOMAIN
PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS
AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS,
EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO
ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Chief of the Fire Department of the City of I
Delray Beach has recommended the acquisition of certain real property to i
be utilized for the construction of a new fire facility; and
WHEREAS, it is necessary that the City acquire the hereinafter
described property in order to construct the new fire facility;
WHEREAS, funds are available for th'e above described
acquisitions; and I
WHEREAS, the City Commission finds that the acquisition of the
hereinafter described property in fee simple for the building/
construction of fire station facility No. 1 and related purposes is a
I public necessitYJand essential to the interests of the residents of the
City of Delray B~ach, Florida; and
WHEREAS, in order to accomplish the acquisition of the needed
property, it is necessary for the Chief of the Fire Department and City
Attorney to take legal action and to employ real estate appraisers,
experts in other disciplines and private counsel to assist the City
I Attorney in this matter. i
I !
! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
; CITY OF DELRAY BEACH, FLORIDA, THAT: I
Section 1. The City Commission adopts and ratifies those
matters set forth in the foregoing recitals.
Section 2. The City Attorney is authorized and directed to
employ real estate appraisers for the purpose of securing appraisals of
the value of the property hereinafter described for the purpose of
acquiring said property.
\
Section 3. The City Attorney is authorized and directed to I
proceed to take all necessary steps, including the hiring of appraisers, I
accountants, and experts in other disciplines whom the City Attorney
deems are necessary for the adequate and complete representation of the
City in this matter, in order for the City of Delray Beach to acquire in
its own name by donation, purchase or eminent domain proceedings, fee
simple title to the property, more particularly legally described as
follows:
All of Block 20, Town of Linton, as recorded in I
Plat Book 1, Page 3, PUblic Records of Palm
Beach County, Florida. I
Less the North 150.00 feet of said Block 20. i
I
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Less the lands conveyed in Official Record
I Book 1074, Page 369, Official Record Book
I 1067 Page 208 and Official Record Book 1264
! Page 139 for additional right-of-way for
I Atlantic Avenue.
The City Attorney is further authorized to have prepared in the name of
the City of Delray Beach all papers, pleadings, and other instruments
required for that purpose and to see that all eminent domain proceedings
are prosecuted to judgment. The City Attorney is authorized to retain
independent counsel to assist in this matter.
Section 4. The City Attorney is hereby authorized and
directed to take such further actions as are reasonably required to
I fully accomplish the purposes hereinabove directed.
Section 5. This Resolution shall take effect inunediately upon
passage.
PASSED AND ADOPTED in regular session on this the day of
I , 1990.
I
I
! MAYOR
ATTEST:
I
I City Clerk II
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [IIt1
SUBJECT: AGENDA ITEM # q - MEETING OF SEPTEMBER 25 1990
DECADE OF EXCELLEN BOND EXPENDITURE
DATE: September 21, 1990
This matter is being brought before the Commission because of a
possible conflict between the use of Decade of Excellence Bond
proceeds and the Comprehensive Plan with regard to providing a parking
area for Old School Square. Since the language in the Comprehensive
Plan is deemed to be more restrictive than that of the Bond Program,
it is necessary that a formal interpretation of the Plan be made. The
Decade of Excellence Bond language includes a provision to provide off
site parking facilities as part of the historical renovation and
restoration of the Old Delray Beach Elementary School, and estimates
the entire project cost at $5.2 million with additional funding coming
from private donations and state grants. The Comprehensive Plan's
Land Use Element policies call for acquisition of the land between Old
School Square and City Hall for the purpose of linking the two
facilities and for providing overflow parking for City Hall and
general parking for Old School Square.
The inconsistency was created when the Bond language was drafted and
reorganized into ballot questions. The $1.5 million "redevelopment
seed money" was allocated to several project, one of which was to
provide off site parking facilities for Old School Square. The Bond
Counsel and City Attorney have reviewed this matter and found that
there is no problem in allocating Bond funding from $2.1 million
allocated for the entire Old School Square project for the purpose of
providing a parking facility for that facility.
The Planning and Zoning Board at their September 17th meeting
discussed this item and rendered a formal determination (5-0 vote
Currie and Krall abstaining due to potential conflicts). Based upon
testimony, review of the Staff Report, and review of the applicable
Comprehensive Plan sections, the Planning and Zoning Board determined
that the Love property did not need to be acquired at this time but
that a future determination of the need to acquire it should be
assessed in Plan Amendment 90-1 given changes in circumstances which
have occurred since the writing of the Plan; and, that there be no
restrictions on the amount of funding allocated to off site parking
provided that there be no further demands from Old School Square for
additional City participation to provide additional parking.
Recommend ~hat the Commission concur with the interpretation of the
Comprehenslve Plan as presented by the Planning and Zoning Board.
,.
.'
f.. I T Y COM MIS S ION DOC U MEN TAT ION
TO: RYL LEVERETT, ADMINISTRATIVE ASSISTANT III
FROM:
ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
DETERMINATION REGARDING OLD SCHOOL SQUARE AND
COMPLIANCE WITH THE COMPREHENSIVE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
making a formal determination of consistency with the
Comprehensive Plan with regard to the funding of off-site
parking improvements.
BACKGROUND:
The specific reason for this matter coming before the Commission
is because of the possibility of a conflict between the desired
use of Decade of Excellence Bond proceeds and the Comprehensive
Plan. Since the language of the Plan may be deemed more
restrictive than the language of the Bond Program, it is
necessary that a formal interpretation of the Plan be made.
The general purpose for making formal interpretations, or
determinations, relative to the Plan is to: 1) assure that the
Plan is being implemented per the intent of the City Commission:
and 2) to protect a project against a claim, by others, that it
(the project) is being carried-out in a manner inconsistent with
the Plan.
Please refer to the Planning and Zoning Staff Report in whicn
specific provisions of the Comprehensive Plan ;ar~ cited along
with the text of the Bond Program.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item in a work
session held on September 14th and then made a formal
determination at its meeting of September 17th.
City Commission Documentation '.
Meeting of September 25, 1990
Determination Regarding Old Sphool Square and
Compliance with the Comprehensive Plan
Page 2
Mr. Larry Schneider, representing the Old School Square project,
provided testimony that the Old School Square Board felt that the
off-site parking bei~rovided along N.E. lst Avenue was sufficient
to meet immediate needs of the Project and that it met the
obligations of the City with respect to the Comprehensive Plan
and the Bond Program.
Based upon that testimony and its review of the Staff Report and
applicable portions of the Plan, the Planning and Zoning Board
determined, on a 5-0 vote (Currie and Krall abstaining due to
potential conflicts), that the Love Property need not be acquired
at this time but that a future determination of the need to
acquire tt. be assessed in Plan Amendment 90-1 given changes in
circumstance which have occurred since the writing of the Plan;
and) that there be no restrictions on the amount of funding
allocated to off-site parking provided that there be no further
demands from Old School Square for additional participation
from the City in the provision of more parking.
RECOMMENDED ACTION:
By motion, concur in the interpretation of the Comprehensive Plan
as presented by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report of September 17, 1990
DJK/#69/CCOSS.TXT
. . . f~~'i~'iii. '\f;,\<*" ,; ........_.,......~.~.'\.,
[ITY DF DELHAY BEAEH .~ ~\.. !
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CITY ATTORNEY'S OFFICE 310 S.E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: September 14, 1990
To: Robert A. Barcinski, Assistant City Manager
From: Jeffrey S. Kurtz, City Attorney
,-
Subject: Old School Square Parking
As Steve Sanford has indicated with respect to the use of Bond
monies for Old School Square parking facilities, there is no
problem in allocating around $500,000 from the bond issue for
that expenditure. In fact, the Bond language would allow more
or less monies to be spent on that project.
As to the Comprehensive Plan, the only reference to the Love
property that I am aware of is that found on Page IV-9 in the
description of the Redevelopment Seed Money. I think the
intent ~that language was not necessarily to acquire the Love
proper-ty but to provide parking to accormnodate Old School
Square and City Hall needs. Once again, I did not see the
specific allocation of $500,000 to that aspect of the project
but do recall that in fact being the figure used when dis-
cussing the project. I . would concur with the rest of David
Kovacs thoughts on the matter as expressed in his August 20
memo to you.
JSK: sh
cc: David J. Kovacs, Director of Planning and Zoning
David M. Huddleston, Director of Finance
..
~re:(C~nwlE1D)
gEP 1" \990
PLANN\NG & ZONING
-.. .,...." . ..
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,
PLAlftfING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
(-~~ ~ c~
th)~
,~ ...~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: AGENDA ITEM V. A - REGULAR MEETING OF SEPTEMBER 17, 1990
PLAN INTERPRETATION RE FUNDING FOR OLD SCHOOL SQUARE
ITEM BEFORE THE BOARD:
The item before the Board is that of providing an
interpretation of the Comprehensive Plan as it pertains to
the allocation of funds for parking improvements associated
with Old School Square.
SITUATION:
By letter of August 31, 1990, Larry Schneider, Architect for
Phase II of the Old School Square project, requested modification
of the Comprehensive Plan in order to clarify the manner in which
Decade of Excellence General Obligation Bond funds are to be
allocated relative to Old School Square.
The Decade of Excellence Bond language provided as follows:
"This is a historical renovation and restoration project of
the 1926 school building and gymnasium at the Old Delray
Beach Elementary School site. Project includes roof
replacement, installation of a central air conditioning
system, installation of new windows, electrical and lighting
system replacement, removal and replacement of various wall
treatments and painting of the facility. Also included will
be landscaping, construction of the walkways, fountain,
outside exhibit areas, and off site parkinq facilities.
Total project cost is estimated at $5.2 million with
additional funding to come from private donations and state
grants. "
The Comprehensive Plan addresses the subject in four instances.
These are as follows:
1. The first is in the Land Use Element policies where there is
a policy calling for the acquisition of land between Old
School Square and City Hall for the purpose of linking the
two facilities and for providing overflow parking for City
Hall and general parking for Old School Square.
P&Z Staff Report
~lan Interpretation Re Funding for Old School Square
Page 2
2. The second is on the Future Land Use Map which shows the
referenced property under the community Facilities
designation.
3. The third reference is in the description of the Decade of
Excellence Bond program wherein $2.1 million is allocated
for Old School Square (without reference to parking
facilities); and $1.5 is allocated as "redevelopment seed
money" which included activity at Spady School, Pineapple
Grove, and purchase of the "Love Property" for parking
purposes.
4. The fourth reference is in the Five Year Schedule of
Improvements wherein $2.1 million was allocated to Old
School Square and $1.0 million was allocated to "CBD Parking
/Improvements".
The above inconsistency arose when the Bond language was drafted
and reorganized into ballot "questions". The $1.5 million of
"redevelopment seed money" was allocated with $500,000 to Spady
School; $500,000 to the Old School Square Area of Pineapple
Grove; and the balance ($500,000) to Old School Square along with
the addition of the phrase "off site parking facilities".
Bond Counsel and the City Attorney interpret the language to
allow any amount of the $2.6 million allocated to Old School
Square to be used for the purposes stated within the project
description. Thus, under the Bond language the $500,000 need not
be allocated to off-street parking, provided that some of the
$2.6 million is thus allocated.
THE ISSUES:
The issues which the Board must consider in interpreting the Plan
and stating a position regarding allocation of the funding per
Mr. Schneider's request are as follows:
A. Was the Decade of Excellence the only source from which
funding for the acquisition of the Love Property and its
alteration into a parking facility may (or must) be obtained?
Position: While the Love Property is described as a site to
be purchased for parking purposes, there was not discussion
of alternative sites or alternative methods of providing
off-site parking when the Plan was drafted. It may have
been more prudent to have not been site specific in the
Plan's text; however, what is clear is that off-site parking
is necessary and that the Love Property represented one
alternative. Thus, while acquisition of the Love Property
remains a policy objective of the Plan, a strict literal
interpretation of the description in Part IV should not be
made.
P&Z Staff Report ~
Plan Interpretation Re Funding for Old School Square
Page 3
B. Is the parking being provided for Old School Square
sufficient to meet its needs, at least to the point that the
City shall not be held accountable or responsible for
providing additional funding for more parking which shall
accommodate the Old School Square Project?
Position: Old School Square, Inc. should go on record that
their $2.6 million allocation is to accommodate their
parking needs and that their current construction plan
satisfies those needs. If such a statement is made, the
City should not continue to be responsible for funding
additional parking needs. If such a position is not taken
by Old School Square, I nc . , it may be appropriate to insure
that adequate parking is provided during Phase II
construction.
C. Given the situation wherein additional parking is being
provided along N.W. lst Avenue, is it still appropriate that
the Comprehensive Plan call for additional parking east of
Swinton Avenue?
Position: This issue should be the focus of a Plan
Amendment. If it is determined that the "linkage" between
Old School Square and City Hall is diminished in importance
and that additional "overflow" parking is not required for
City Hall, then the designation should be lifted and a
different designation placed on the property. If it is
determined that the "linkage" should remain, then it will be
necessary to identi fy a funding source for acquisition and
development and assign a time frame fo so doing. Thus, this
item should be included as one of the topics addressed in
Plan Amendment 9l-1 which is to be initiated in the Spring
(March?) of 1991.
Thus, the Planning and Zoning Board in consideration of the
above and in consideration of information provide during the
worksession of September 14, 1990, needs to make an
interpretation of Plan as it pertains to the allocation of
funding in the Decade of Excellence Bond Program in light of the
Comprehensive Plan. In summary, the alternative positions are:
1. That a portion of the funding must go toward acquisition of
the Love Property with or without actual construction of
parking facilities thereon.
2. That while the Love Property does not need to be acquired at
this time, sufficient funding must be allocated toward off
site parking in order to provide for new parking spaces
equivalent to that which would be provided on the Love
Property.
P&Z Staff Report
~lan Interpretation Re Funding for Old School Square
Page 4
3. That the Love Property need not be acquired at this time but
that a future determination of the need to acquire be
reassessed in Plan Amendment 91-1 given changes in
circumstance which have occurred since the writing of the
Plan; and that there be no restrictions on the amount of
funding allocated to off site parking provided that there be
no further demands from Old School Square, Inc. for
additional participation from the City in the provision of
more parking.
RECOMMENDED ACTION:
Based upon the consensus of the Board expressed at the September
14, 1990, worksession and if a statement is provided by Old
School Square, Inc. , that they consider their proposed allocation
of the $2.6 million from the Decade of Excellence Bond Program to
satisfy municipal obligations relative to providing off-site
parking for Old School Square needs, it is recommended that the
Board make a finding pursuant to alternative action *3, above.
The Board's action should be by motion in the form of a
recommendation to the City Commission.
REF/DJK/D*5/0SSMONEY.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # qe.. - MEETING OF SEPTEMBER 2~, 1990
APPOINTMENTS TO THE NEIGHBORHOODS TASK FORCE
DATE: September 21, 1990
This item is before you for appointment of three members to the
Neighborhoods Task Force, one member to represent Area "H" located
south of the Central Business District, north of S.W. 10th Street,
between the FEC Railway and Federal Highway, one member to represent
the Haitian community, and a replacement member for Area "L" . The
member previously appointed for Area ilL" is unable to participate and
therefore, a replacement needs to be appointed.
Staff has contacted individuals from those areas and are recommending
appointment of Mr. Gene White (Area "H" ) , Dr. Pierre Paul Cadet
(Haitian community), and Alice Williams (Area "L") .
Recommend appointment of a member to the Neighborhoods Task Force to
represent Area "H" , appointment of a member to represent the Haitian
community and appointment of a member to represent Area ilL".
MEMORANDUM
TO: DAVID HARDEN, CITY ~JrnAGER ,
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT(~/7
RE: APPOINTMENTS TO THE NEIGHBORHOOD TASK TEAM (NTT)
--
DATE: SEPTEMBER 19, 1990
BACKGROUND:
Pursuant to Section (1) of Resolution 68-90, establishing the
Neighborhoods Task Team, providing for appointments by the City
Commission as members to the Ad-hoc committee and the direction
by the Mayor at the regular meeting of September 11, 1990, the
City Commission is requested to appoint three (3) new members to
the Neighborhood Task Team. One is to replace a member appointed
by Commissioner Alperin who is unable to participate.
RECOMMENDATION:
Staff is recommending the appointments of Mr. Gene vihite, who
will represent area "H" (South of the CBD, North of SW 10th
Street, between the FEC railway and Federal Highway); Dr. Pierre
Paul Cadet, President of the Haitian Chamber of Commerce, and
Alice Williams, who will replace Del Jester for area "L" (Delray
Shores), be appointed to the Neighborhoods Task Team. All
persons have consented to participate if appointed.
LB:DQ
B:Appmt.NTT/LG4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Jlt1
SUBJECT: AGENDA ITEM # ~6 - MEETING OF SEPTEMBER 25, 1990
EMERGENCY WAIVER OF BID REQUIREMENTS AND BID AWARD
DATE: September 21, 1990
In accordance with direction received at your September 18th workshop
meeting regarding this item, staff prepared and sent out requests for
quotations on the Miller Park Lighting project. A bid opening will be
held on Monday, September 24th at 10 a.m. A verbal recommendation for
award of bid will be presented at your Tuesday evenings meeting.
Recommend the Commission declare this item an emergency, waive bid
requirements, and award bid for the Miller Park lighting project.
. ,-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ;7/1;1
SUBJECT: AGENDA ITEM # \DA - MEETING OF SEPTEMBER 25, 1990
ORDINANCE NO. 42-90
DATE: September 21, 1990
This is a second 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 .22c; the rate for dockage
with 110 volt electrical service which is .26<:; and the rate for
dockage with 220 volt electrical service which is .27c.
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.
Ii
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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 1. That Title IX, "General Regulations", Chapter 92,
"Boa ts 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
I - 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' 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
I 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 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 which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective October
1, 1990.
=
=
PASSED AND ADOPTED in regular session on this the day
of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading
,
Second Reading
.. I .
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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 l5% increase over our current $.26 llO-volt
electric service rate, and an ll% 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: j d : j mh
REF:JW199.DOC
Attachment
cc: Cheryl Leverett, Administrative Assistant III
Joe Dragon, Assistant Director of Parks and Recreation
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;',
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJl1
SUBJECT: AGENDA ITEM # \ () B - MEETING OF SEPTEMBER 25, 1990
RESOLUTION NO. 92-90
DATE: September 21, 1990
This item is before you to conduct a Public Hearing on Resolution
No. 92-90 y,'hich levies a property tax of $7.2000 per $1,000 of
assessed value on all properties within the City of Delray Beach.
Recommend approval of Resolution No. 92-90.
.
i;
RESOLUTION NO. 92-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAIN-
TENANCE AND OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED-
NESS, 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:
, ,"
I.' 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.~000 per one thousand ($1,000) dollars of assessed valuation which is
hereby 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 within the City of Delray 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 operating millage rate of $6~lOOO per one thousand ($1,000) dollars
does exceed roll back of $5.3875 per one thousand ($1,000) dollars by
" $O.~ per one thousand ($1,000) dollars which is a percent change of
~~~2% 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
$2,272,112, and that there is hereby appropriated for the payment
thereof, all revenues derived from the tax levy of $1.0000 per one
thousand ($1,000) dollars of assessed valuation, which is hereby levied
for that purpose for the fiscal year commencing October 1, 1990, and
terminating September 30, 1991, upon the taxable property of the City of
Delray Beach, the assessed valuation being $2,388,234,311.
Section 3. That the above 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 Tax Levy and
Budget on September 11, 1990 and September 25, 1990.
PASSED AND ADOPTED in regular session on this the 25th day of
September, 1990.
MAYOR
ATTEST:
City Clerk
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"
RESOLUTION NO. 92-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES
WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAIN-
TENANCE AND OPERATION, AND TO LEVY A TAX FOR THE
PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED-
NESS, 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
f/Pfyf' J'5~O $&.2800 per one thousand ($1,000) dollars of assessed valuation which is
hereby levied on all taxable property wi thin the City of De1ray Beach
for the fiscal year commencing October 1, 1990, and terminating
September 30, 1991, the assessed valuation on all taxable property for
operating purposes within the City of Delray 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 de~ent taxes levied for bond service.
The operating millage rate of t6. per one thousand ($1,000) dollars
IJ.A doe ceed roll back of $5.3875 rer one thousand ($1,000) dollars by
~~.1 ~ er one thousand ($1,000) dollars which is a percent change of
. 2% c1t the rolled back rate. , I ~
'i~ b. ~o C)
Slttien 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
$2,272,112, and that there is hereby appropriated for the payment
thereof, all revenues derived from the tax levy of $1.0000 per one
thousand ($1,000) dollars of assessed valuation, which is hereby levied
for that purpose for the fiscal year commencing October 1, 1990, and
terminating September 30, 1991, upon the taxable property of the City of
Delray Beach, the assessed valuation being $~L~.?_8_~23i_~~~1.
Section 3. That the above 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 Tax Levy and
Budget on September 11, 1990 and September 25, 1990.
PASSED AND ADOPTED in regular session on this the 25th day of
September, 1990.
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ATTEST:
City Clerk
,-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AG ENDA ITEM # \ lJ e.....- - MEETING OF SEPTEMBER 25, 1990
RESOLUTION NO. 93-90
DATE: September 21, 1990
This is item is before you to conduct a public hearing on Resolution
No. 93-90 which appropriates funds to cover the City's expenditures
for the next fiscal year (October I, 1990 to September 30, 1991) .
Recommend approval of Resolution No. 93-90.
I
RESOLUTION NO. 93-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY
~ OF o.9TOBER, 1990, TO THE 30TH DAY OF SEPTEMBER, 1991;
Ii TOP~CRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITHIN RESPECT TO THE ITEMS OF APPROPRIATIONS AND
T~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
I and marked Exhibit A, be and the same are hereby appropriated upon
I terms, conditions and provisions hereinabove and hereinafter set forth.
Section 2. That all monies, hereinbefore appropriated are
I appropriated upon the terms, conditions, and provisions hereinbefore and
hereinafter set forth.
I Section 3. That subject to the qualifications contained in
i this resolution all appropriations made out of the General Fund are
I declared to be maximum, conditional, and proportionate appropriations,
I the purpose being to make the appropriations payable in full in the
I 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
I 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.
I
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Section 6. That nothing in this resolution shall be construed I
as authorizing any reduction to be made in the amounts appropriated in I
this resolution for the payment of interest on, or retirement of, the
debt of the City of Delray Beach, Florida. I
I
I
Section 7. That of the monies enumerated in this I
none I
resolution , connection with the General Fund, Water and Sewer Fund,
l.n
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 and/or 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
Ii promptly into the City Treasury.
Section 9. That the foregoing budget be and hereby is
adopted as the official budget of the City of Delray Beach for the
I aforesaid period. Provided, however, that the restrictions with respect
to the expenditures/expenses of the funds appropriated shall apply only
Ii to the lump sum amounts for classes of expenditures/expenses which have
'I been included in this resolution.
Ii
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i Section 10. That this resolution shall be effective on October
I'
I: 1, 1990.
I
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PASSED AND ADOPTED in regular session on this the 25th day of
I: September, 1990.
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Ii MAY 0 R
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, ATTEST:
I
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Ii City Clerk
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-2- Res. No. 93-90
. "--
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EXHIBIT "A"
CITY OF DELlIAY BEACH
J FISCAL YEAR 1990-91
BUDGET SUMMARY ,
SPECIAL CEMETERY MARINA SANITATION WATER ,
GENERAL REVENUE FtlNI) FUND FtlNI) SEWER
FtlNI) FUNDS FtlNI)
---------------------------------------------------------------
CASH BALANt;ES BROUGHT FORWARD 100,000 205,188 7,200 0 0 0
-------------------------------------------------------------------------------------------------
AD VALOREM TAXES 7.20 16,619,300 0 0
SALES 1ND USE TAXES 866,816
FRANCHIS)!: TAXES 2,598,200
UTILITY TAXES 4,053,600
LICENSES AND PERMITS 1,282,410
INTERGOVERNMENTAL REVENUE 4,421,301 499,140 51,000
CHARGES FOR SERVICES 741,200 120,000 67,000 90,200 2,065,264 17,591,288
FINES AND FORFEITURES 353,600
MISCELL1lNEOUS REVENUES 951,503 113,426 26,000 4,500 36,000 432,000
OTHER FINANCING SOURCES 3,117,700 128,894 85,000 4,617,427
TOTAL REVENUES AND
OTHER FINANCING SOURCES 35,005,630 861,460 178,000 94,700 2,152,264 22,640,715
---------------------------------------------------------------
rAL ESTIMATED REVENUES
AND BALANCES 35,105,630 1,066,648 185.200 94,700 2,152,264 22,640.715
EXPENDITURES/EXPENSES:
----------------------------------
GENERAL GOVERNMENTAL SERVICES 4,942,240
PUBLIC SAFETY 18,792,889 87,055
PHYSICAL ENVIROMENT 121,391 174,544 2,024,299 11,076,848
TRANSPORTATION 1,157,963
ECONOMIC ENVIRONMENT 341,440 563,136
HUMAN SERVICES 166,753
CULTURE , RECREATION 4,440,739 288,057 39,256
,DEllT SERVICE 3,025,283 128,400 3,456 3,477,941
INTUNAL SERVICES 364,212
OTHER FINANCING SOURCES(USES) 1,685,965 0 5,755 50,000 6,385,926
TOTAL EXPENDITURES/EXPENSES 35,038,875 1,066,648 178,000 45,011 2,074,299 20,940,715
RESERVES to 66,755 0 7,200 49,689 77,965 1,700,000
'.
---------------------------------------------------------------
..
TOTAL APPROPRIATED EXPENDITURES 35,105,630 1,066,648 185,200 94,700 2,152,264 22,640,715
.
~
.
~ . ,
GOLF
COURSE INSUllANCE GARAGE
FUND FUND FUND 'l'OTAL
------------------------------------------------
CASH BALANCES BROUGHT FORWARD 0 0 0 312,388
----------------------------------------------------------------------------------
BSTIMASED llEVENUES
----------------------------------
TAXES: MILLAGE
AD VALOREM TAXES 7.20 16,619,300
SALES AND USE TAXES 866,816
l"RANCIUSE TAXES 2,598,200
U'rILITY TAXES 4,053,600
LICENSES AND PERMITS 1,282,410
IR'l'EllGOVERllMENTAL REVENUE 3,654,911 1,015,260 9,641,612
CHARGE~ ,FOR SERVICES 1,414,800 22,089,752
lINES AND'FORFEITURES 353,600
MISCELLANEOUS REVENUES 53,700 217,300 5,600 1,840,029
OTHER FINANCING SOURCES 7,949,021
TOTAL REVENUES AND
OTHER FINANCING SOURCES 1,468,500 3,872,211 1,020,860 67,294,340
------------------------------------------------
'l'OTAL ESTIMATED REVENUES
AND BALANCES 1,468,500 3,872,211 1,020,860 67,606,728
EXPENDITURES/EXPENSES:
----------------------------------
GENERAL GOVE:RNMENTAL SERVICES 4,942,240
PUBLIC SAFETY 18,879,944
PHYSICAL ENVIROMENT 13,397,082
TRANSPORTATION 1,157,963
ECONOMIC ENVIRONMENT 904,576
HUMAN SERVICES 166,753
'CULTURE , RECREATION 977 , 600 5,745,652
DEBT SERVICE 354,800 6,989,880
INTElUlAL SERVICES 0 3,793,405 906,866 5,064,483
OTHER FINANCING SOURCES(USES) 21,900 1,200 7,500 8,158,246
'l'OTAL EXPENDITURES/EXPENSES 1,354,300 3,794,605 914,366 65,406,819
RESERVES 114,200 77 , 606 106,494 2,199,909
------------------------------------------------
'l'OTAL APPROPRIATED EXPENDITURES 1,468,500 3,872,211 1,020,860 67,606,728
AND RESERVES ---------.-.---------------------.---.-.-.---.-.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # - MEETING OF SEPTEMBER 25 1990
RESOLUTION NO. 86-90
DATE: September 21, 1990
This item has been placed on your agenda to allow public comment
regarding the Community Redevelopment Agency/s request to amend the
Community Redevelopment Plan.
This proposed Resolution amends the Community Redevelopment Plan to
provide for a subsidized ,loan program to provide property owners
within the CRA district w~th interest free loans to make improvements
to building exteriors and facades. The mechanism to enact this
amendment involves the allocation of $100,000 (maximum) in tax
incremental funds for Fiscal Year 1990/91 to buy down 100% of the
interest on exterior improvement loansl the terms of which shall not
exceed five years. Projects approved under this program shall be
completed by year end 1991. Local lending institutions will be
contacted regarding participation in the programl followed by adoption
of guidelines for program implementation.
Recommend approval of Resolution No. 86-90.
. -
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RESOLUTION NO. 86-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH TO
l>ROVIDE FOR THE IMPLEMENTATION OF A REDEVELOPMENT
PROGRAM WHEREBY THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY WILL EXPEND TAX INCREMENTAL
FINANCING FUNDS TO SUBSIDIZE THE INTEREST ON LOANS
OBTAINED BY PRIVATE PARTIES FOR THE PURPOSE OF
ENHANCING OR UPGRADING THE EXTERIOR OF PRIVATELY
OWNED PROPERTIES WITHIN THE COMMUNITY REDEVELOPMENT
AREA; FINDING THAT THE MODIFICATION CONFORMS TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE
CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTIONS 163.360(6)
and (7); AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on May 14, 1985, adopt Resolution No. 32-85 finding that
one or more slum and blighted areas as defined in Florida Statutes
Section 163.340 or areas in which there is a shortage of housing afford-
able to residents of low or moderate income, including the elderly, or a
combination thereof, exists in the City of Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida has found and declared in Resolution No. 32-85 that a need for
rehabilitation, conservation or redevelopment, or a combination thereof,
is necessary in such areas in the interest of the public health, safety,
morals, or welfare of the residents of the City of Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has found and declared in Resolution No. 32-85 that there is a
need for a Community Redevelopment Agency to function in the City of
Delray Beach to carry out the Community Redevelopment purposes of
Chapter 163, Part III of the Florida Statutes; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and,
WHEREAS, on December 23, 1986 the Board of County Commissioner
of Palm Beach County passed and adopted Resolution No. R-86-2003
delegating the exercise of the powers conferred upon the County by
Chapter 163, Part III, Florida Statutes, within the boundaries of the
City of Delray Beach to the governing body of the City of Delray Beach
completely and without limitation; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, passed Resolution 47-87 finding that one or more slum and
blighted areas, as defined in Florida Statutes Section 163.340, or areas
in which there is a shortage of housing affordable to residents of low
or moderate income including the elderly, or a combination thereof,
exists in the 103 acre area within the City of De1ray Beach as described
more fully in Appendix A of Resolution 47-87 and that a need for
'-
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rehabilitation, conservation, or redevelopment, or a combination
thereof, is necessary in such areas in the interest of the public
health, safety, morals, or welfare of the residents of the City of
Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida has heretofore approved a Community Redevelopment Plan on the
9th day of September, 1986 by Resolution No. 49-86 as subsequently
amended on November 24, 1987 by Resolution No. 47-87 and as further
ratified and amended on February 14, 1989 by Resolution No. 6-89.
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach has recommended to the City Commission of the City of
Delray Beach, Florida pursuant to its Resolution No. 90-A that the
Community Redevelopment Plan be further modified to provide for the
implementation of a redevelopment program whereby the Community Redevel-
opment Agency will expend tax incremental financing funds to subsidize
the interest on loans obtained by private persons for the enhancement
and upgrading of the exterior of privately owned properties within the
Community Redevelopment area; and,
WHEREAS, the City Commission finds it to be necessary for the
rehabilitation, conservation and redevelopment or a combination thereof,
of the Community Redevelopment Area and in the interest of the public
health, safety, morals and welfare of the residents of the City of
Delray Beach to amend the Community Redevelopment Plan for the purpose
of providing for the implementation of redevelopment program whereby the
Community Redevelopment Agency will expend tax incremental financing
funds to subsidize the interest on loans obtained by private parties for
the purpose of enhancing or upgrading the exterior of privately owned
properties within the Community Redevelopment Area; and,
WHEREAS, the Commission finds that the modification conforms
to the Community Redevelopment Act of 1969, as amended; and,
WHEREAS, the City Commission finds that the modification is
consistent with the City of Delray Beach's Comprehensive Plan; and,
WHEREAS, the City Commission further finds that the modifica-
tion meets the applicable requirements of Florida Statutes Sections
163.360(6) and (7) ; and,
WHEREAS, the City Commission shall hold a public hearing on
said modification to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part III Florida
Statutes; and,
WHEREAS, The City Commission finds that the enhancement of the
physical appearance of structures within the Community Redevelopment
Area will serve the Community Redevelopment Agency's basic objective of
eliminating and preventing the spread of slum and blighted conditions
and the Community Redevelopment Agency's economic objective to increase
the level of economic activity in the tax base within the Community
Redevelopment Area; and,
2
RES. NO. 86-90
-
WHEREAS, the City Commission finds that the implementation of
a program by the Community Redevelopment Agency to provide for a subsi-
dized loan program to allow the improvement to the exterior of buildings
within the Community Redevelopment Area will serve to facilitate the
above stated objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section l. That the preamble stated above is hereby incorpo-
rated by reference herein, as findings of fact upon which this
resolution is based.
Section 2. The Community Redevelopment Plan is hereby modi-
fied in the following respects. All the following modifications shall
be inserted in the places indicated on Exhibit A.
A. The following subsection, "Physical Appearance
Improvement", shall be added to PART I: OVERVIEW OF THE COMMUNITY
REDEVELOPMENT PLAN; Redevelopment and Improvement Concepts Section.
Phvsical Appearance Improvement
"To enhance the physical appearance of the CRA district,
the CRA shall institute a "SUBSIDIZED LOAN PROGRAM" to
provide the property owners with funds for improvement of
building exteriors and facades. This program is aimed at
accomplishing the CRA's basic objective "To eliminate and
prevent the spread of slum and blighted conditions" and
the CRA's economic objective "To increase the level of
economic activity and the tax base within the Community
Redevelopment Area".
B. PART II: THE COMMUNITY REDEVELOPMENT PLAN; Future Public
Development Section is amended to add the following subsection; Physical
Appearance Improvement, to Page 35;
Physical Appearance Improvement.
"To facilitate the attraction of additional investment
from the private sector, the CRA shall develop programs
aimed at enhancing the physical appearance and market-
ability of the CRA District. One such program shall be
the provision of subsidized loans to motivated property
owners who wish to improve the physical appearance of
their property".
C. Table Four; A summary of Redevelopment costs on Page 37
shall be amended to add:
Subsidized loan program (maximum) $100,000.00
D. Subsection entitled Environmental Quality on Page 40 shall
be amended to add the following:
"The subsidized loan program will improve the physical
appearance of structures throughout the CRA District".
3
RES. NO. 86-90
.
E. PART II. THE COMMUNITY REDEVELOPMENT PLAN; Sources of
Redevelopment Funding and Financing Subsection should be amended to add
the following subsection to Page 48:
Subsidized Loan Proqram
"The Plan proposes that the CRA allocates a maximum of
$100,000.00 in tax increment funds for the FY 90/91 for
this program. This fund will be used to buy down 100% of
the interest on (5-year maximum) loans provided to
property owners who wish to improve the physical improve-
ment of their building exterior or facade. Projects
approved under their program shall be completed by year
end 1991".
F. PART I I: THE COMMUNITY REDEVELOPMENT PLAN; Immediate
Next Steps shall be amended to add Step 5, Establishment of a Subsidized
Loan Program, on Page 54, to read as follows:
"Implementation of this program shall be in 1990. The
CRA shall first establish a list of banks who will
participate in the program. Then, guidelines for
implementation of the program shall be adopted. Initial
funding for the program shall be at a maximum of
$100,000.00.
G. Appendix 4 on Page 64 is amended to add the following
subsection:
Subsidized Loan Programs
Maximum
Short-Ranqe: FY 1990/1991 $100,000.00
Section 3. That if any section, subsection, paragraph,
sentence or word or other provision of this resolution, or any portion
thereof, or its application to any person or circumstance, be declared
by a Court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not effect the validity of any other section,
subsection, paragraph, sentence, or word or provision or its application
to other persons or circumstances and shall not effect the validity of
the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
PASSED AND ADOPTED in regular session on this day of
, 1990.
MAY 0 R
ATTEST:
City Clerk
4
I RES. NO. 86-90
I
RESOLUTION NO. 86-90 .
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY
OF DELRAY BEACH TO PROVIDE FOR THE IMPLEMENTATION OF A REDEVELOP-
MENT PROGRAM WHEREBY THE DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY WILL EXPEND TAX INCREMENTAL FINANCING FUNDS TO SUBSIDIZE
THE INTEREST ON LOANS OBTAINED BY PRIVATE PARTIES FOR THE PURPOSE
OF ENHANCING OR UPGRADING THE EXTERIOR OF PRIVATELY OWNED PROPER-
TIES WITHIN THE COMMUNITY REDEVELOPMENT AREA: FINDING THAT THE
MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969,
AS AMENDED: FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE
CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA
STATUTES SECTIONS 163.360 (6) AND (7) : AND PROVIDING FOR SEVER-
ABILITY.
The above ordinance is published by caption only as required by
State Law. The proposed ordinance may be inspected at the Office
of the City Clerk at the City Hall, 100 N.W. 1st Avenue, De lray
Beach, Florida, from 8:00 A.M. to 5:00 P.M. , Monday through
Friday, except holidays. The City Commission will meet in the
Commission Chambers at the City Hall on the 25th day of
September, 1990, at 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), at which time the
ordinance will be read by title only and all persons interested
will be given an opportunity to be heard. Please be advised that
if a person or persons decides to appeal any decision made by the
City 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 ensur.e that a
verbatim record of the proceedings is made, which record inc lude s
the testimony and evidence upon which the appeal is to be based.
The City does not provide or prepare such record. Pursuant to
F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
September 14, 1990 Alison MacGregor Harty
City Clerk . .
-...-....
A RESOlUTIOIl 'If. THE CITY COM-
/,\1_ OF THE 'ITY OF DElllAY
BEACH. FLORIDA. MODIFYIIIG
THE COMMUNITY REDEVELOP.
MENT PLAN FOR THE CITY OF
OEllIA Y lEACH TO PROVIDE FOR
THE IMI'lEMfNTATIOIl OF A Reo
OEVELOPMINT PROGRAM
WHERDY THE. OILRAY lEACH
COMMUNITY REDEVElOl'MENT
AGENCY Wll.l. EXPENO TAll Ill-
CREMENTAl FIIWlCING FUNDI
TO SUISIDIZE TltE INTERm a
LOAIl$ OITAINID IY PRIVATI
PARTIES FOR Tltl PURI'OSI OF
ENHANCING OR UPGIlAOINl THE
EXTERIOR OF PRIVATELY OWNED
PROPERTIES WITHIN THI ClIMo
MUNITY REDEVElOPMENT AREA;
FIHOING THAT THE MOOIFICA.
TlON CON T THE COMMU-
NITY R ACt OF
lMt. AS ,*T
I THE · CIIIIMo
TENT WIllI '" " IILMY
I"on caMNe_" ruN.
CQIIft -
AND _l1li I'\IlIlMB ,-.
PUlSum WI TIll llI'PI.lClaII.
REQUIREMlNn OF FlOlUDIl
STATUTES SlCTlOIlI 16UIICtl AIlD
(7); AND PROVIDING FOR SEVER-
AlllITY. . .
Tllo _ _ It ....... 119
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CITY OF DEllAY llAOt
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CI1Y
PUILISH: "'-14 19It
OELIlAY I..CH MEWS
IlOCA IIA TON NEWS
AO_
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E, 1st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: September 7, 1990
To: Alison MacGregor Hardy, City Clerk
From: Susan A. Ruby, Assistant City Attorney
Subject: CRA Resolution
The attached letters to taxing authority's must be sent by
registered mail September 7, 1990.
Please pull the modification of the CRA plan from the September
II, 1990 agenda. The enclosed Resolution must be placed on the
September 25, 1990 agenda for Public Hearing and adoption.
Please make sure the resolution is published ten (10) days
prior to the scheduled Public Hearing in the same manner you
advertise for second reading of an ordinance.
~
cc Robert Federspiel, Esq.
Frank Spence, Director of the CRA
Cheryl Leverett, Administrative Assistant III
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I-
-
SAllE THIS RECEIPT FOR REGISTERED MAIL CLAIMS & INaUIR"i~S
.' .
,.'" .. ... # ....".__ __', f .
DlZCl,.~RATlON'OF'VAL\JE-Mailers are require'" to declare the FUll value at the \"
of mailing ol1'all registered mall articles, whether insurance is desired or not. Failure
to declare lull valU€ may Invalidate any claim -
WITH POSTAl,. .INSUR~CE-Domestic postal ins,jr~nce may be purchased by paying
t~e approp<,latetee, D()fTlesllc Insurance on reglster~d mall is limited to the lesser Of
(1'\.ttre vi(IUErOf)he ilrjicle at the time of mailing or the cost or replacement if lost or
totally da1'l'rn~..,.di 121 the cost of repairs Consult your postmaster for additional
detail!': ~s.~/q,pc.e limits and coverage for domestic and International registered mall
WITHOUT POSTAL INSURANCE-An article may also be sent by registered mall
without postal Insurance by paYing the appropriate fee No Indemnity will be paid for
articles mailed without postal insurance coverage
TO FILE INSURANCE CLAIM~Clalm must be filed within 1 year from the date of mall
Ing Present this receipt and submit eVidence of value cost of repairs. or cost of
duplication The contents and packing must be presented when filing a claim for
damage or loss of contents Appeals of Postal Service decIsions on claims must be filed
within 3 months at the date of the original decIsion Inguirles on registered claims may
be filed prOVided at least 3 months but notmore than 6 months have elapsed since the
date the ollglnal claim was filed Duplicate claims must not be initiated Without
authorization from the St lOUIS PDC. or the Office of ClasSification and Rates Admin
Islra,tlon. USPS Headguarters .
INTERNATIONAL REGISTERED MAIL~lndemnlty coverage, for International
Reglsfered Mall IS Ilmltea Consul~'I'lostmaster for ma",'mum Indemnity limits
PS Form 3806, june 198& (Reverse Part 1)
____~,'____c
,. ~.ENl)d~: Co'mpje-e items .., and 2 when additional services. are desired, and complete items
, arid 4. .
P, t \ rur dddress ", 'h," 'RETURN 'ro" Space on the 'everse sid8. Failure to do this will prevent this card
fr m leiolq retuned to YDU. The return receipt fee will Qrovlde you the flame of the person delrvered to and
!t: __sL~__Ud1eli,~y, For additional fees the followin9 services are available. Consult postmaster for fees
arl I c'leck)ox(esi for adrlitional,servicelsl requested.
1 -- Show to whom .delivered; date, and addressee's address,
(Etlra charg,')
:3. Article Addressed to:
)JJfi~ Lt.) / LL-t .4;?7 C056-~ O/,/c
t:.-C:VJ1 7'/2.0~ o Insured
cA I L "DJe.~ -t,/..5 J<j/l..J//C. e.. C OVA/C 1'- o COD
.~ III .5- 'l;>/Y)€. ,4WY' :zif,,;(~3 o Return Rece~t
for Merchan ise
t{/&;!5'7 //?-L/?l ~~R- 33'MJ Always obtain signature of addressee
or agent and DA TE DELIVERED.
Signature - Addressee 8. Adc;fressee's Address (ONLY if
requested and fee paid)
"- ^' ;;,
,/{
,
/
PS Form 3811. ApI. 1989 * U.S.G.P.O. 1989-238-815 DOMESTIC RETURN RECEIPT
""..'\;'~""-...;od~:"""" t
//:""".. ,,-~ { .~;' ~;" -.....,:1"',.... ....""'--....,......."..._._..,...A
UNITED STATES POSTAL ~R\iIC,E "_._"'.A..,,-",....~,-,
OFFICIAL BUSINESS ~-'
SENDER INSTRUCTIONS
Print your name. address and ZIP Coda _._0'
in the space below 0 ' . -', .~". ~ i
. Complete items 1. 2. 3. and 4 on the U.S.MAIL
reverse 0 0
. Attach to front of article if space "- ~
permits. otherwise affix to back of
article. PENALTY FOR PRIVATE
. Endorse article "Return Receipt USE. $300
Requested" adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO ..
c! /rI CL~
J {9-0 /!/ v.,/ /S,/ 4- f../C_
.
:DFLd.4<( 75~~1 33C1Y<!
._111....."....1.".'....... 1........'._ _1____ p- ,-
.
"
Jit<r.
.-..".",.,.
'."."-'''"'''l"'' ":.,
[IT' DF DELIA' IEA[H G
100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
September 7, 1990
Registered Mail
Mr. William Cosgrove
Controller
Children's Service Council
3111 S. Dixie Highway, Suite 243
West Palm Beach, FL 33405
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Board Members:
The City of Delray Beach Community Redevelopment Agency is
recommending that the City of Delray Beach approve an amendment
to its Community Redevelopment Plan pursuant to Chapter 163,
Part III of the Florida Statutes.
Please accept this letter as notice, pursuant to Florida
Statute, Section 163.346, of the City Commission's
consideration of the amendment to the Community Redevelopment
Plan.
The City Commission will hold a public hearing and take final
action on the amending resolution, which is attached hereto, on
September 25, 1990 at 7:00 p.m. at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
Sincerely,
j;l~~\ -r fJ.vL .,
David Harden
City Manager
THE EFFORT ALWAYS MATTERS
_ .. c
[ITY DF DELRAY BEA[H
'OO\) w 1" >\'-,"""JE D<::LR;'.',' 8EACH. rLORIOA 33444 407243-7000
September ll, 1990
Mr. William Cosgrove
Controller
Children's Service Council
3111 S. Dixie Highway, Suite 243
West Palm Beach, FL 33405
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Mr. Cosgrove:
Attached please find a copy of Resolution No. 86-90 relative to
modifying the Community Redevelopment Plan for the City of Delray
Beach. This document was referenced in the City's letter to you
dated September 7, 1990, sent by registered mail, but was inad-
vertently omitted from that transmittal.
The City Commission will hold a public hearing and take final
action on the amending resolution on September 25, 1990, at 7:00
P.M., at City Hall, lOO N.W. lst Avenue, Delray Beach, Florida.
Should you have any questions, please do not hesitate to contact
this office.
Sincerely,
~ /. . ~ ., vi" ,") ,~ ,>/. ~., / ?-, ~.L-
Cf...Z1....J<. / / I ~ I,c ,_ J IA._U. .. 1'f(<"LL/
Alison MacGregor arty
City Clerk
Attachment
THe EFFGF:T AL.\vu.Y,::; M ,nTERS
. ~ESTERED NO. J t 3 {;
" 7m,09~v-
c: Reg, Fee $ 0-/1 SDe!:ial $
Delivery
~ O' 1 Return
,!:! ,_ Handling $ $
"'0 ==; Charge Receipt
.. 0-
a. Res.tricted $
> S g Postage $
l- Ivery
0 Q.U 0
Received by
... Inti
c:
'0 Cus m:;w o With Postal
Q.
co Full value $ I nsu rance al I nsu rance
CD $25,000 Domestic Ins. Limit
.: c:
.. ,2
..Q i_ ~
l-
III ~,5 0
:> oot ff:
~ U"
,~ .. '"
..~
... g~
c
w ...
'"
:>
=i U 0
l-
. ~
SAVE THIS RECEIPT FOR REGISTER~D ~AIL C,LAIMS & 'NQ:j'~':".s .
DECLARATION OF VALUE-Mailers are requlJl13d to deCljlre the FULl \;jll~~_~ the time
of mailIng on all regIstered marl artIcles. whether rnSl-ance (s df:?sre0 ()r r,:' ~~
to declare tull value may Invatldate any claim .
WITH POSTAL INSURANCE-Domestic postal Insurance may 11e pUlcn'J:;c,luy p'ly'ng
the appropoate fee Domestic Insurance on registered maills IlInilerj to Ire lesser 01
(lithe value 01 the article at the time of mailing or the cost or replacem"Clt illost or
totally damaged. or (21 the cost ot reparrs Consult your postmaster lor additional
detaJJs of 'insurance limits and coverage for domestJc and I,~ternatjonaj req!stered mail
WITHOUT POSTAL INSURANCE-An article may also be sent by mall
wrthout postal Insurance by paYing the appropoate fee ~,o Indemnity he paid for
articles mailed Without postal insurance coverage
TO FILE INSURANCE CLAIM-Claim must be filed Within 1 year trom thi' c1ate of mall,
Ing Present thiS receipt and submit eVidence of value. cost a4t repalTs or cost of
duplication The contents and packing must be presented when "ling a claim for
damage or loss of contents Appeals of Postal Service deCISions on claims must be filed
Within 3 months of the date of the originat deciSion InqUIf;es on registered claims may
be fried prOVided at least 3 months but not more than 6 months have elapsed Since the
date the orrglnal claim was filed Duplicate claims must not be Initiated Without
authorization from the St LOUIS PDC. or the Office of ClassIfication and Rates Admin.
Istrat""n, USPS Headquarters 1
INTERNATIONAL REGISTERED M~IL-Indemnlty coverage lor International
ReCj1'!;\ered Malt IS Ilmltlo'd C&1sult postmaster for m1lxlfl1um InOemrTlty limits
PS Form 3886. June 1986 (Reverse Part 1) '" \.
r7~-" .,- - ;,:.;.~=".J,..J~~,*.,,-,.....-.uLJ.4-,.."...-..-;,--c~,~_~_.....,J.-----.:_,...___.._ --.- ------'---...'-
~
.SENDER: Complete.items 1 and 2 when additional servlcas are deslrad, and complete items 3
and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you, The .return reeelDt fee will Drovlde vou the name of the Derson
delivered to and the date. of dellverv. For additional fees the following services are available. Consult
postmaster for fees and cheek box(es) for additional servlce(s) requested.
1. O. Show to whom delivered, date, and addressee's address. 2, 0 Restricted Delivery
t(Extra charge)t t(Extra charge)t
3, Article Addressed to: 4. Article Numbe~ 'b-'
p?.K5. 7;>oIt--J 5 "vS l3Je.cu>J<f-, 72/R. ~D()(:)I.)r:1 3 r
/16c:.. N<&ALTH CAlLE- ];)/S'7,ut::r ~ Service:
Registered o Insured
:3 '2 C/- J:;JA -ri//tA- Sr. r:J- 1.1<:>1 o Certified o COD
W~5T ~A-LM ~/'Fl3)lfor o Express Mail
Always obtain signature of addressee
or agent and DATE DELIVERED.
5, Signature - Addressee 8. Addressee's Address (ONL Y if ~
X requested and fee paid)
6" s'r{ure - Agent
X"
U 9--..
7. Date of Delivery 0) qo
PS Form 3811, Mar. 1987 DOMESTIC RETURN RECEIPT
" ~
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS .~~
SENDER INSTRUCTIONS
Print your name, address, and ZIP
Code in the space below,
. Complete items 1, 2, 3, and 4 on
the reverse. U.S.MA'L
. Attach to front of article if space @
permits, otherwise affix to back
of article. PENALTY FOR PRIVATE
. Endorse article "Return Receipt USE, $300
Requested" adjacent to number,
RETURN . Print Sender's name, address, and ZIP Code in the space below.
TO C!. ) 771
CL~
/~ A:/W )"57 A-~
"72-F L dAY .B~A-C/-I.I A ~:sy.-l{Y-
,
[ITY DF DELAAY IEA[H
100 NW. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000
September 7, 1990
Registered Mail
Mrs. Doris Ausbrooke
Executive Director
PBC Health Care District
324 Datura Street, #401
West Palm Beach, FL 3340l
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Board Members:
The City of Delray Beach Community Redevelopment Agency is
recommending that the City of Delray Beach approve an amendment
to its Community Redevelopment Plan pursuant to Chapter 163,
Part III of the Florida Statutes.
Please accept this letter as notice, pursuant to Florida
Statute, Section l63.346, of the City Commission's
consideration of the amendment to the Community Redevelopment
Plan.
The City Commission will hold a public hearing and take final
action on the amending resolution, which is attached hereto, on
September 25, 1990 at 7:00 p.m. at City Hall, lOO N.W. 1st
Avenue, Delray Beach, Florida.
Sincerely,
L~ '-r/J(~
.' :::-~V
David Harden
City Manager
THE EFFORT ALWAYS MATTERS
.
[ITY DF DELARY HEREM
100 N W 1s; AVE"JUE D:C _'i.A': BEACH i'L')R!DA 33444 407243 7000
September ll, 1990
Mrs. Doris Ausbrooke
Executive Director
PBC Health Care District
324 Datura Street, *40l
West Palm Beach, FL 3340l
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Mrs. Ausbrooke:
At tached please find a copy of Resolution No. S 6-9 0 relative to
modifying the Community Redevelopment Plan for the City of Delray
Beach. This document was referenced in the City's letter to you
dated September 7, 1990, sent by registered mail, but was inad-
vertently omitted from that transmittal.
The City Commission will hold a public hearing and take final
action on the amending resolution on September 25, 1990, at 7:00
P.M., at City Hall, lOO N.W. 1st Avenue, Delray Beach, Florida.
Should you have any questions, please do not hesitate to contact
this office.
Sincerely,
(; c: .x<) , 1~'ac~/i{L r,) 1Ic.~ i:?y
Alison MacGregor Harty
City Clerk
Attachment
THE E;::FORT AUVAYS MATTERS
- R~G)fERED NO. . ~rt POSTMARK OF
b39
' ...-' # 1m. 6) ~..
. ..pecial
Reg, Fee Delivery $
.~.~ Handl.ing Return $
"1:l 5 j Charge Receipt
CIl
Co a 5 Postage Restricted $
>
I- livery
i5 A.U 0
.. Inti
l:
.0 o With Postal t Post-
A.
i; Insurance al Insurance
ell $25,000 Domestic Ins, Limit
,: l:
CIl 0
.tl .;:;
I- .!!?... :i:
VI ~,:s 0
:l o:t: a:
:i: U",~
VI ~ '"
'E CIl~
E-
l: gQ..,
W VI .2J
::I
<c U 0
I- /{7-z:; u W / 57' A Ve.....-
JJEL
PS Form 3806, RECEIPT FOR REGISTERED MAIL (Customer Copy)
June 1986 (See Information on Reverse)
--
SAVE THIS RECEIPT FOR REGISTERED MAIL CLAIMS & INQUIRI.ES
. ,.
DECLARATION OFVALUE-Mallers are ;.e ulrecf.t.otdeclare the FULL value at the lime
of mailmg on all registered mail arflcles. whetht- insurance is desired or not. Failure
to declare full value may mvalldate any claim
WITH POSTAL INSURANCE-D~mestic postal msurance may be p~r.chased by paying
t.he.appropriatefee Domestic Insurance on registered mail is limited to the lesser of
(~ thE(value of the article at the lime of mailing or the cost or replacement if lost or
t tall~ .Qamaged or (2) fhe cosf of repairs. Consult your postmaster for additional
detaf s of iflsurance limits and coverage for domestic and mternatlonal registered mall
WITHOuT- .POSTAL INSURANCE-An article may also be sent by registered mall
without postal insurance by paYing the appropriate fee No Indemnity will be paid for
articles mailed without postal Insurance coverage
TO FILE INSURANCE CLAIM-Claim must be filed wlthm t year from the date of mall
ing Present thiS receipt and submit evidence of value. cost oJ, repairs. or cost of
duplication The contents and packmg must be presented. when filing a claim for
damage or loss of contents Appeals 01 Postal Service deCISions on claims must be flied
wlth", 3 months of the date of the origmal decision InqUiries on registered claims may
be filed prOVided at least 3 months but not more ttlan 6 months have elapsed Since the
date the Original claim was filed Duplicate claims must nq( be Initiated without
authorization from the St LOUIS PDC. or the Oft ice of ClaSSification and Rates Admin
IslrallOn. USPS Headquarters
INTERNATIONAL REGISTERED MAIL-Indemnity coverage for Internatlona
Reqlstered Mall IS Ilmlled Consult postmaster for maxImum Indemnity limits
PS Form 3806, June 1986 (Reverse Part 1)
-----------+--~
\
services are desired, and complete items 3
..... "FlETYFlN TO"~ Space on the reverse side. Failure to do this will prevent this
miId'... you. The return receipt fee will provide YOU the name of the person
, For additional fees the following services are available. Consult
box ..) for additional servlce(s) requested.
, date, end addressee's address. 2. 0 Restricted Delivery
cluzrge}t t(Extra charge)t
to: 4. Article Number
_~..I.}ff/])~t~S r~A/
1"'1 / '~.-.ee. :1)//2 € C 77>K....-/ ~e of Service:
e.. ('f'1f' j),c ) 6L A./J-'f 15'i J4u-1 Registered o Insured
o Certified o COD
141"'D .41 ~ / -$'7 -"'I ~ o Express Mail
~~ ~.rL 3 ~'1 '-I-- f- A/ways obtain signature of addressee
or agent and DATE DELIVERED,
8. Addressee's Address (ONL Y if
requested and fee paid)
* U.S,G.P.O, 1987.178.268 DOMESTIC RETURN RECEIPT
.
UNITED STATES POSTAL SERVICE ,
.
OFFICIAL BUSINESS
SENDER INSTRUCTIONS ~.
Print your name, address, and ZIP
Code in the space below,
. Complete items 1, 2, 3, and 4 on U.S.MAIL
the reverse, ~
. Attach to front of article if space
permits, otherwise affix to back
of article. PENALTY FOR PRIVATE
. Endorse article "Return Receipt USE, $300
Requested" adjacent to number,
RETURN .. Print Sender's name, address, and ZIP Code in the space below.
TO
C!:/~ CLU!K-'
I t9-tJ VW ./ "S~ ,Q-vJ:-_
2>&L/lA-'1 ~~R -33'1-1./</
, '
[I" DF DELIA' BEA[H
100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000
September 7, 1990
Registered Mail
Mr. David Huddleston
Director of Finance
city of Delray Beach
lOO N.W. lst Avenue
Delray Beach, FL 33444
Subject: Amendment to city of Delray Beach Community
Redevelopment Plan
Dear Board Members:
The City of Delray Beach Community Redevelopment Agency is
recommending that the City of Delray Beach approve an amendment
to its Community Redevelopment Plan pursuant to Chapter 163,
Part III of the Florida Statutes.
Please accept this letter as notice, pursuant to Florida
Statute, Section l63.346, of the City Commission's
consideration of the amendment to the Community Redevelopment
Plan.
The City Commission will hold a public hearing and take final
action on the amending resolution, which is attached hereto, on
September 25, 1990 at 7:00 p.m. at City Hall, lOO N.W. lst
Avenue, Delray Beach, Florida.
Sincerely,
L" r~
' ~ ~ -r f.J ~ ,i
David Harden
City Manager
THE EFFORr ALWAYS MATTERS
. ~
, .
[ITY DF DELAAY BEA[H
, Ol~ \, ;V i j :... \j E:- ~\~;.j i:: =,_~.!::"l ~~i.::-\\_'H ~:....,>.::';:~,,:, ;';4---:"; ~J7 242.7000
September ll, 1990
Mr. David Huddleston
Director of Finance
City of Delray Beach
lOO N.W. 1st Avenue
Delray Beach, FL 33444
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Mr. Huddleston:
Attached please find a copy of Resolution No. S 6-9 0 relative to
modifying the Community Redevelopment Plan for the City of Delray
Beach. This document was referenced in the City's letter to you
dated September 7, 1990, sent by registered mail, but was inad-
vertently omitted from that transmittal.
The City Commission will hold a public hearing and take final
action on the amending resolution on September 25, 1990, at 7:00
P.M., at City Hall, lOO N.W. 1st Avenue, Delray Beach, Florida.
Should you have any questions, please do not hesitate to contact
this office.
Sincerely,
r; , - 1
). .c..;1., L/. _ 1 1_
~ LC..JO! II C.-c .. r'L LUX.! /-1a9
.. .;
Alison MacGregor Harty
City Clerk
Attachment
THe E-~c='RT ALV,jt'..YS MATTERS
POSTMARK OF -
$'
-0 $
.,
Q.
>
....
0 0
.. Inti
c
'0 Cus 7 o With Postal
a..
iQ Full value $ . Insurance al Insurance
!Xl $25,000 Domestic Ins. Limit
,: c
., 0
.J:I +:
.... .!! ~ ::E
II) ~,S 0
;:) oct ~
::E 0"
1ft .. '"'
.! "ll
.. g~
c
w 1ii
::J
~ 0 0
....
L()~7 '#tfl1
PS Form 3806, RECEIPT FOR REGISTERED MAIL (Customer Copy)
June 1986 (See Information on Ret'erse)
SAVE THIS RECEIPT FOR REGISTERED MAIL CLAIMS & '~'Oi;';:l''''S
.
DECLARATION OF VALUE-Mailers <ore r'tt1Ulrel! to declare the FJU. ",llll c I. the time
of mailing on all registered mall articles. ,.)h4lther Insurance IS d,?s ,p,: (;;.(0. Failure
to declare full value may Invalidate any claim
WITH POSTAL INSURANCE-Domestic postal Insurance may 1)8 purer',l"E"j IJY paying
the approp"ate fee DOrT)estlc Insurance on registered mall IS 1"'l'te,j to the lesser of
(1) the value of the artIcle al the time of mailing or the cost or replacE,-wlll If lost or
totally damaged or (2) the cost ot reparrs Consult your postmaster fel additional
dela!ls of lllsurance limits and coverage for domestic and internatlGnal IH)lslered mall
.
WITHOUT POSiAL INSURANCE-An article may also be sent by "'9' 3tered mall
Without posfal Insurance by paYing the appropllate fee. No Indemnity will lle paid for
articles mailed w'thout postal insurance coverage
TO FILE INSURANCE CLAIM-Claim must be filed Within 1 year from the date of mail
Ing Present tll,s receipt and submit eVidence of value. cost fJf reparrs or cost of
duplication The contents and packing must be presented when t!ling a claIm for
damage or loss of contents Appeals of Postal Service deCISions on claims must be tiled
Within 3 months of the date of the original deciSion. Inqurrles on registered claims may
be filed prOVided at least 3 months but not more than 6 months have elapsed since the
date the anginal claim was fried Dupfic<lte claims must not be initiated without
authorrzatlon tram the St LOUIS PDC. or the Office of ClaSSification and Rates Admln~
Istratlon. USPS Headquarters
INTERNA TIONAL REGISTERED MAIL-Indemnity coverage for International
Registered Mall IS limited Consult postmaster for maXimum Indeni'nily limits
PS Form 3806, June 1986 (Reverse ParI 1)
<''-_~-P~~':'"~''7~''''- I ___,1
i . SENDER: Gomplete items 1 and 2 when additional services are desired, and complete Items 3
) and.....~. _",. ' .
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you. 'The return receipt fee will provide vou the nama of the person
delivered to and the date of deliverv. For additional fees the following services are available, Consult
postmaster for faes and,cneck bcix!es) for additional servlce!s) requested.
1.' 0 ShoW to whom delivered, date, and addressee's eddress. 2. 0 Restrlctad Delivary
t (Extra charge)t t (Extra charge)t
3, Article Addressed to: 4, Article Number
.
m..t- for/tV :J>,q;nc
:J) (1! !,L--rlJ /Z. D;P ~r ;t.../ ~ Type of Service:
,t;\ ~ C-o V,e/.,y . ~egistered 0 Insured
T'/H--~ 0 Certified 0 COD
;J- 0,. /(30)( <1-".3 ~ ,- 0 Express Mail
W1!6 -r ? #L,n 8ZAG#t F L 33Y.D Always obtain signature of addressee
or agent and DATE DELIVERED,
Signature - Addressee 8. Addressee's Address (ONL Y if
requested and fee paid)
PS Form 3811, Mar, 1987 * U.S.G,P.O, 1987.178.268 DOMESTIC RETURN RECEIPT
.Iif ~ - -
UNITED STATES POSTAL SER '" ...
'v ~
OFFICIAL BUSINESS 0:- -.
~
SENDER INSTRUCTIO . .
Print your name, address, a ~ ~ ~. E P ~41
Code in the space below, U; '3 . - --
. Complete items 1, 2, 3, and
the reverse, U.S.MAIL
. Attach to front of article if space "- ~~
permits, otherwise affix to back
of article, PENALTY FOR PRIVATE
. Endorse article "Raturn Receipt USE, $300
Requested" adjacent to number,
RETURN ... Print Sender's name, address, and ZIP Code in the space below,
TO
c! rrl CL~
/tJO /t/uJ /.5/, h-tJE,
~Lth4-'1 is 'ZA cA 'FL -=3 3 l./-l/ 'I
,
""""I m .
, .
[ITY DF DELAAY BEAEH
iOO NW. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243- 7000
September 7, 1990
Registered Mail
Mr. John Dame
Director of Finance
Palm Beach County
P.O. Box 4036
West Palm Beach, FL 33402
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Board Members:
The City of Delray Beach Community Redevelopment Agency is
recommending that the City of Delray Beach approve an amendment
to its Community Redevelopment Plan pursuant to Chapter 163,
Part III of the Florida Statutes.
Please accept this letter as notice, pursuant to Florida
Statute, Section l63.346, of the City Commission's
consideration of the amendment to the Community Redevelopment
Plan.
The City Commission will hold a public hearing and take final
action on the amending resolution, which is attached hereto, on
September 25, 1990 at 7:00 p.m. at City Hall, 100 N.W. lst
Avenue, Delray Beach, Florida.
Sincerely,
LDTfj~~
David Harden
City Manager
THE EFFORT ALWAYS MATTERS
4 .
.
[IT' DF DELRAY BEA[H
100,"oj'IV 1st A.V'=c,UE JE:_RA Y ':J'>\C'1 FL.08!:)A 33444 4072437000
September ll, 1990
Mr. John Dame
Director of Finance
Palm Beach County
P.O. Box 4036
West Palm Beach, FL 33402
Subject: Amendment to City of Delray Beach Community
Redevelopment Plan
Dear Mr. Dame:
Attached please find a copy of Resolution No. 86-90 relative to
modifying the Community Redevelopment Plan for the City of Delray
Beach. This document was referenced in the City's letter to you
dated September 7, 1990, sent by registered mail, but was inad-
vertently omitted from that transmittal.
The City Commission will hold a public hearing and take final
action on the amending resolution on September 25, 1990, at 7:00
P.M., at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
Should you have any questions, please do not hesitate to contact
this office.
Sincerely,
{2LWC/7'f) CL tALi LX) hla tl/" ,_.
- c/
Alison MacGregor Harty
City Clerk
Attachment
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt9.!V1
SUBJECT: AGENDA ITEM # ,~~ - MEETING OF SEPTEMBER 25, 1990
ORDINANCE # 41-90 SANITATION RATES
DATE: September 21, 1990
This item is before you for first reading of a modified version of
Ordinance No. 41-90. Language regarding the increase for commercial
customers was omitted from the caption, therefore, revisions were
required. Those modifications have been made, however, they were not
completed prior to advertising of the caption for public hearing. The
Commission therefore, must re-hold first reading of this Ordinance and
direct that the modified Ordinance be readvertised for public hearing
on October 9th.
This is a first reading of an Ordinance amending the Code of Ordinances
to provide for revised sanitation customer charges.
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.
Additionally, a contract amendment will be required in addition to this
action. It is anticipated that the amendment will be placed on your
October 9th agenda, following public hearing of this Ordinance.
Recommend approval of Ordinance No. 41-90.
.
------------.---- ..-- ------
n_____ -- ------------~------- ORDINANCEdNO. 41-90
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 FOR RESIDENTIAL
SERVICE, AND TO PROVIDE FOR INCREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE,
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 '1'/.'1.7 $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 '111f7 $9.44 per month for garbage
and trash pickup. -----
(2) For those customers receiving Type B, rear-door/side-
door service, the service charge shall be Jl~t33
$10.13 per month for garbage and trash pickup.
However, the levy for the area bordered by N.W. 22nd
Street on the north, Old Dixie Highway on the east,
Lake Ida Road on the south and N.E. 2nd Avenue on the
west (known as Type G) shall be $12.71 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 't2/1f $4.19 per
month for garbage and household trash pickup:----
(4) For those customers receiving Type 0, 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-door/side-door service), the service
charge shall be $UntJ $8.08 per month for garbage
and trash pickup. And the levy for the area bordered
by S.W. 10th Street on the north, Federal Highway on
the east, Linton Boulevard on the south and 1-95 on
the west, (known as e H) shall be $10.65 er month
or gar age an tras p1C up.
___._..._____ . ___.,.___.".__ ____+__.n _ __~.__
NOTE: Residential customers shall be assessed a
$1,i8'1> $1.88 per unit charge for recycling service
(included in rates set forth above). The effective
date for Type G and Type H rates will be January 1,
1991.
(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
(Collection (Collection
Charge Only) and Disposal
Charge)
2 1 $ 28 ~/ /1'1>2 $ 66
3 1 39 14 95
4 1 48 H 123
6 1 66 111 180
8 1 82 171 233
2 2 56 1'13 132
3 2 77 1.4~ 191
4 2 95 1'1~ 247
6 2 1'32" 27'J 360
8 2 163 .",." 466
2 3 84 IH 198
3 3 1'IT 21.2 286
4 3 143 2U 370
6 3 198 U2 540
8 3 245 U~ 700
2 4 112 2'16 264
3 4 154 2'16 382
4 4 190 ."S~ 494
6 4 264 H9 719
8 4 326 1'11 933
2 5 140 2'J7 329
3 5 193 n~ 477
4 5 238 1t'J 618
6 5 331 6n 899
8 5 407 ~U 1166
2 6 168 3'19 395
3 6 231 444 573
4 6 286 'J7~ 741
6 6 397 ~t4 1079
8 6 489 It;JU 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,
.... - - ~~ . - -...
.~--_._- ---
~.____ ____. u_ ________...._ ~ .._______
-.---.-- --------~._-- ----- ~----
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:
(a) Commercial refuse containers. The city shall
require any commercial customer needing more
than six refuse containers to use mechanical
containers, if feasible.
(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
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 routine/regular 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 fo~ me~hanical 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
$$t/p~t/t~~t~~~t $28 for residential dumpster service and
$66 for commercial dumpster service. The term nCUSTOMERn
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.
(0) Commercial Rates For Recycling:
HAULING CHARGES 2-CU YO 3-CU YO 4-CU YO 6-CU YO 8-CU YO
IX PER WEEK SVC Aat~0 ~~t00 "t00 llAt00 lA~t00
44.97 64.85 82.63 119.24 152.71
,
...-- -.- ~ - - -.- - .~ ---
-------.- .- .-------- - -_.--- ---. ---.- -- .------- .------- -----..---.--- ---- -
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)
dwe lling units located in condominium or apartment complexes.
Waste Management will determine appropriate container sizes in
cooperation with the owners/operators 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.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
~- ... -- ~- , ,. - . . ^ ~
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rJ1
SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 25, 1990
ORDINANCE NO. 47-90
DATE: September 21, 1990
This is a first reading of an Ordinance annexing six parcels along
Military Trail with various zoning designations. This action is
pursuant to policies in the Comprehensive Plan "calling in" all
commitments (via 'water service agreements) on property located located
east of Military Trail. This is the last of those properties. The
proposed annexation area is comprised of six parcels under four
ownerships, which lie north of the L-33 Canal, Included in those
parcels is the Kentucky Fried Chicken, Trails End Plaza, and an
adjacent strip shopping center to the north. Four of the six
properties proposed for annexation are covered by water service
agreements. The other two properties are, a 1.35 acre parcel being
annexed subject to a voluntary petition and a 2.43 acre vacant parcel
owned by Florida Power and Light. A letter soliciting voluntary
annexation of the FP&L property wast sent and the property is included
in anticipation of a positive response from them prior to adoption of
this ordinance.
The annexation and initial zoning of these properties via the "calling
in" of existing water service agreements is straight forward. The
proposed City zonings are equivalent to the existing County zonings.
No potential land use conflicts are created.
The Planning and Zoning Board at their September 17th meeting
recommended approval of the annexation action. At that time
adjustments were made to the depth of the commercial zoning in order
to accommodate existing development.
Recommend approval of Ordinance No. 47-90 annexing property located on
Military Trail with initial City zoning of GC (General Commercial)
District and AG (Agricultural) District to include the Florida Power
and Light parcel contingent upon receipt of a petition for voluntary
annexation.
. ..
I
ORDINANCE NO. 47-90 \1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY I
BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN I
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM I
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO i
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS 1
LOCATED NORTH OF WEST ATLANTIC AVENUE ON THE EAST SIDE i
\ OF MILITARY TRAIL, LYING NORTH OF THE L-33 CANAL; i
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
I LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL
i COMMERCIAL) DISTRICT, IN PART, AND AG (AGRICULTURAL)
" DISTRICT, IN PART; PROVIDING A GENERAL REPEALER
'I: CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
i EFFECTIVE DATE.
I
\: WHEREAS, Pebb Enterprises is the fee simple owner of the North
II' Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Southwest Quarter
: (SW 1/4) of the Northwest Quarter (NW 1/4), less road and additional
Ii road rights-of-way and the East 305 feet, and the West 15 feet of the
I South 44 feet of the East 305 feet of the North Half (N 1/2) of the
I Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
I: Northwest Quarter (NW 1/4), containing 2.46 acres, more or less; and,
;:
WHEREAS, Grace Everett is the fee simple owner of the North
i: Half (N 1/2) of the West Half (W 1/2) of the South Half (S 1/2) of the
[' Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
: Northwest Quarter (NW 1/4), less the westerly 23 feet additional State
!: Road 809 right-of-way, and the Easterly 40 feet of the North Half (N
i: 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4)
I; of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4),
,i containing 1.43 acres, more or less; and,
II
ti
I' WHEREAS, Grace Everett is the fee simple owner of the South
, II Half (S 1/2) of the West Half (W 1/2) of the South Half (S 1/2) of the
! Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Iii Northwest Quarter (NW 1/4), less the westerly 23 feet additional State
,! Road 809 right-of-way, containing 1.27 acres, more or less; and,
'I
L
Ii WHEREAS, Grace Everett is the fee simple owner of the North
II Half (N 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), less the westerly 40 feet thereof, containing 1.19 acres, more or
less; and,
WHEREAS, Grace Everett is the fee simple owner of the South
Half (5 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter
(SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), containing 1.35 acres, more or less; and,
WHEREAS, Florida Power and Light Company is the fee simple
owner of the East 305 feet of the North Half (N 1/2) of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the west 15 feet of the south 44 feet, containing
2.43 acres, more or less; and,
WHEREAS, the fee simple owners as hereinabove named have
requested by their petitions to have the property hereinafter described
annexed into the municipal limits of the City of Delray Beach; and,
-
I
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limi ts of the City of Delray Beach, thus
making said petitions for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of City Code Section 173.886
have been followed in establishing the proposed zoning designation; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes, i
:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
'i Beach, Palm Beach County, Florida, hereby annexes to said City the
j,
jl following described lands located in Palm Beach County, Florida, which
1: lie contiguous to said City to-wit:
I'
Ii
ii PARCEL nAn
I'
I, The North Half (N 1/2) of the Southwest Quarter (SW
"
Ii
Ii 1/4) of the Southwest Quarter (SW 1/4) of the
,. Northwest Quarter (NW 1/4) , less road and additional
It
i: road rights-of-way and the East 305 feet, and the West
;. 15 feet of the South 44 feet of the East 305 feet of
the North Half (N 1/2) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of the
Northwest Quarter (NW 1/4) , containing 2.46 acres,
more or less (Tax No. 00424613000003020); together
I with,
i
i
1 The North Half (N 1/2) of the West Half (W 1/2) of the
1
i South Half (S 1/2) of the Southwest Quarter (SW 1/4)
! of the Southwest Quarter (SW 1/4) of the Northwest
. Quarter (NW 1/4), less the westerly 23 feet additional
State Road 809 right-of-way, and the Easterly 40 feet
of the North Half (N 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter(SW 1/4) of the Southwest
I Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) ,
containing 1. 43 acres, more or less (Tax No.
00424613000003092); together with,
The South Half (S 1/2) of the West Half ,(W 1/2) of the !
South Half (S 1/2) of the Southwest Quarter (SW 1/4)
of the Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), less the westerly 23 feet additional
State Road 809 right-of-way, containing 1.27 acres,
more or less (Tax No. 00424613000003170)
PARCEL nBn
The North Half (N 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Northwest Quarter (NW
1/4), less the westerly 40 feet thereof, containing
1.19 acres, more or less (Tax No. 00424613000003090);
together with,
The South Half (S 1/2) of the Southeast Quarter (SE
1/4) of the Southwest Quarter (SW 1/4) of the South-
west Quarter (SW 1/4) of the Northwest Quarter (NW
1/4) , containing 1.35 acres, more or less (Tax No.
00424613000003091); together with,
- 2 - Ord. No. 47-90
I
I
The East 305 feet of the North Half (N 1/2) of the I
Southwest Quarter (SW 1/4) of the Southwest Quarter
(SW 1/4) of the Northwest Quarter (NW 1/4), less the
west 15 feet of the south 44 feet, containing 2.43 I
acres, more or less (Tax No. 00424613000003160) i
The subject property is located north of West Atlantic
Avenue on the east side of Military Trail, lying north
I of the L-33 Canal.
I The above described parcels contain a 10.13 acre
\, parcel of land, more or les s.
1\ Section 2. That the boundaries of the City of Delray Beach,
i: Florida, are hereby redefined to include therein the above described
\: tracts of land and said lands are hereby declared to be wi thin the
!! corporate limits of the City of Delray Beach, Florida.
:: Section 3. That Section 173.886 of the Zoning Code has been
i! followed in the establishment of a zoning classification in this
:: ordinance and the tract of land hereinabove described as Parcel "A" is
Ii hereby declared to be in Zoning District GC (General Commercial) as
!; defined by existing ordinances of the City of Delray Beach, Florida.
I' Section 4. Tha t Section 1 7 3.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
:. ordinance and the tract of land hereinabove described as Parcel "B" is
:, hereby declared to be in Zoning District AG (Agricultural) as defined by
existing ordinances of the City of Delray Beach, Florida.
ii
Ii Section 5. That the land hereinabove described shall
If immediately become subject to all of the franchises, privileges,
I! immunities, debts, obligations, liabilities, ordinances and laws to
I: which lands in the City of Delray Beach are now or may be subjected and
I persons residing thereon shall be deemed citizens of the City of Delray
II Beach.
I; Section 6. That this annexation of the subject property,
,I including adjacent roads, alleys, or the like, if any, shall not be
Ii deemed acceptance by the City of any maintenance responsibility for such
Ii roads, alleys, or the like, unless otherwise specifically initiated by
I the City pursuant to current requirements and conditions.
Section 7. That all ordinances or ,parts of ordinances in
conflict herewith be, and the same are hereby repealed.
I Section 8. That should any portion 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 9. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 3 - Ord. No. 47-90
=
-
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1990.
MAYOR
:
ATTEST:
I
I City Clerk
1
!
!
I First Reading
I
I
I Second Reading
Ii
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Ii
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i:
I:
,
,
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- 4 - Ord. No. 47-90
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: Q~:7:Rk~:NISTRATIVE ASSIST~~T III
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 25, 1990
FIRST READING OF ORDINANCE ANNEXING PROPERTY ON THE
EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-33 CANAL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an annexation ordinance which
will bring 10.13 acres into the City with a mix of GC and AG
zoning designations.
An annexation action requires four weeks of notice prior to
public hearing and second reading. Thus, second reading
should be before the Commission on October 23, 1990.
BACKGROUND:
Pursuant to policies in the Comprehensive Plan, the City intends
to "call in" all commitments (via water service agreements) for
property located east of Military Trail this year. The property
under consideration at this time completes that process.
The properties being called in include Kentucky Fried Chicken,
Trails End Plaza, and an adjacent strip shopping center to the
north. In addition to the "call in" properties, two other
property owners have taken advantage of this opportunity to be
annexed. Both of these parcels are vacant. Annexation will add
$24,000 in ad valorem revenue to the City in FY 91/92.
Please refer to the Planning and Zoning Board staff report for a
complete description of the use of the property and an analysis
of the annexation and initial zoning action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this item at a public
hearing on September l7, 1990. There was no public comment other
than from the applicant. Adjustments were made to the depth of
the commercial zoning in order to accommodate existing
development.
City Commission Documentation
Meeting of September 25, 1990
First Reading of Ordinance Annexing Property on the
East Side of Military Trial, North of the L-33 Canal
Page 2
The Board then forwarded the request with a unanimous
recommendation of approval.
RECOMMENDED ACTION:
Approval of this enacting ordinance on first reading.
Attachment:
* Cover sheet from the P&Z Staff Report of September 17, 1990
* Appropriate location maps from the Staff Report
DJK/#69/CCANNEX.TXT
=>LANN'I NG B ZONING BOARD STAFF REPORT
- -- - --
=ITY OF DEL RAY BEACH
r =TING rnTE: September 17. 1990
AGea:l ITEM: IILD.
ITEM: Annexation of Various Parcels Located East of Military Trail and North of the
T.-33 CRnal with Initial Zonina DesiinRtions of GC (General CommerciRl). AG
(Agricultural) and CF (Community Facilities).
LOCATION HAP
(Next Page)
GF"JERAL DATA:
Owner..........................Various, see Table 2 on p. 3
Location.......................East of Military Trail north of
West Atlantic and north of the
L-33 Canal
Property 5ize..................l0.13 Acres
County Land Use Plan...........C (Commercial)
Existing City Land Use Plan....General Commercial and
Transitional
ExistIng County ZonIng.........CG (General CommercIal) and AR
(Agricultural ResIdentIal) ,
Proposed CIty ZonIng...........GC (General Commercial) and
AG (Agricultural)
(Illustrated on last page of
staff report)
Adjacent zoning................~: County AR (Agricultural
Residential)
!.!ll : County AR (Agricultural
Residential)
South: City GC (General
Commercial
~: County CS (Specialized
CommercIal) and CG (General
Commercial)
Existing Land Use..............Various, see Table 1 p. 3
Water Service .................ExIsting 12" line on the east
side of Military TraIl
Sewer ServIce .................Existing 12" main connecting to
each of the subject properties
frontIng on MIlitary Trail and
a 4" force maIn along the east
sIde of Military Trail to the ITEM: III. D.
Extra Closet north of the subject
parcels
LOCATION MAP
\
I --- CIty BoundNy Hi Subject Properties
I
I The. @
E..tr... ~
I Gto.c1'
--- I
1 @ 318 1 County
I I 308 BRADY
I U2AC. .1 . a>> .tc. " ....
I u. S r~~ o Pi" "-C:. ~!! .!.! II ~ !. !. .
. --- -- a~ .!! l! !! !! ~ !
.
~ 3/11 3/2 9 BARRET T
g
I.!!. l!. .!! ~ ..!. .!. -
~ !~ !!. .!! !.! !! !!. !
~ elSAC. .. ..
FRANCES
. I' !! !!. ~
-
306 ..
-.12 1.1 II IZ.. J ._,
. ffi
J: ELLWOOD
C)
ct
~ B ~ If> !! .7
10 . .!. L .!.
"
FRANWOOO
,
-
1----- --- ------- - - - - t..: - - --
I PAR.A
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I WEST A Tl.ANllC AVENUE SR -806
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
annexation/initial zoning of six properties. Four of the six
properties involve existing water service agreements, one is the
subject of a voluntary annexation petition, and the last is
subject to the anticipated receipt of a voluntary annexation
petition prior to final reading of the enacting ordinance. This
information is set forth in Table 2 on page 4.
Action on this item involves a recommendation to the City
Commission to either annex and establish initial City zoning on
the subject properties or to reject any, or all, of the proposed
annexations. The properties subject to water service agreement
call-in can be annexed with or without the two properties
proposed for annexation via current voluntary petitions.
BACKGROUND:
The City granted three ( 3 ) water service agreements in this area
between 1979 and 1988. Each of the three water service
agreements contains the standard voluntary annexation clause.
However, none of the properties covered by the water service
agreements were eligible for annexation until last year with the
West Atlantic Avenue Annexation #1 which incorporated the Delray
Square Shopping Center.
Four of the six properties proposed for annexation are covered by
water service agreements and are being annexed via water service
agreement call-in pursuant to voluntary annexation clauses. The
fifth property is a 1. 35 acre parcel subject to a voluntary
petition. The owner of this fifth property, Mrs. Grace Everett,
also owns three of the four properties subject to the water
service agreement call-ins. The sixth property is a 2.43 acre
vacant parcel owned by Florida Power and Light Company. A letter
soliciting voluntary annexation of this parcel was sent to the
Company and the property is included in anticipation of a
positive response prior to adoption of the enacting ordinance for
these annexations.
The Everett Petition:
The voluntary petition submitted by Mrs. Grace Everett is for the
annexation of Parcel 309.1 subject to initial zoning of ACT
(Agricultural Commercial Transitional). As mentioned above, Mrs.
Everett also owns Parcels 309, 309.2 and 317 which are adjacent
to Parcel 309.1 and are covered by existing water service
agreements. The applicants intent is to eventually develop
Parcels 309 and 309.1 as commercial or storage facilities.
P&Z Staff Report
Everett Annexation
Page 2
The voluntary annexation of Parcel 309.1 was initiated after the
applicant became aware of the City's intent to "call-in" the
existing water service agreements in this area. The applicant
submitted a voluntary petition to ascertain control over the
initial zoning and retain the right to withdraw the application
if an acceptable zoning did not evolve from the City's
consideration and the public hearings.
The proposed Land Development Regulations (LDR's) no longer
include the agricultural transitional districts (ACT and ART) .
Therefore, the AG (Agricultural) District proposed in the LDR's
is appropriate as the purpose and intent paragraph of this
district allows that Agricultural zoning can be utilized as an
initial zoning as a "holding zone" for annexing properties.
The effective date of this annexation will be October 23, 1990.
The effective date of the LDR's is proposed as October 1, 1990 at
the latest. Therefore, the applicant request for ACT zoning has
been translated to the AG (Agricultural) District of the proposed
LDR's.
ANALYSIS:
The proposed annexation area is comprised of 6 parcels (10.13
acres) in four ownerships, which lie north of the L-33 Canal and
east of Military Trail. The existing use(s) of each of the
properties are listed in the Table on page four.
No additional significant population will be added to the City as
there is only one single family residence within the area
proposed for annexation. The area is currently bordered on three
sides (north, east and west) by unincorporated Palm Beach County.
The area to the south is incorporated Delray Beach.
Annexation of these properties will not cause the creation of an
additional enclave(s).
Effect of Annexation on Site Plan:
The City has approved a site plan for only one of the three
developed sites in this annexation area. The site plan for
Kentucky Fried Chicken was approved concurrent with the water
service agreement for Parcel 317. A previously approved County
site plan included office warehouse development of Parcel 309.1
which is the subject of Mrs. Everett's voluntary petition. The
approved water service agreement does not cover this parcel nor
does the City acknowledge the County's previous actions on that
parcel. The County site plan further showed the existing Trails
End Plaza on Parcel 309.2 as a preexisting development.
I
P&Z Staff Report
Everett Annexation
Page 3
The shopping center on Parcel 302 was preexisting at the time the
water service agreement for the parcel was approved by the City.
Therefore Parcel 302 and the the Trails End Plaza (Parcel 309.2),
approved under County jurisdiction, have no official status in
the City. If and when additional development is proposed on any
of these parcels, a site plan for the entire parcel will be
required for documentation purposes and site upgrading may also
be required.
Current Uses:
The existing uses and proposed zoning of each property are listed
in the Table on the following page.
Effect on Siqns:
Any signage existing in the proposed annexation area which does
not comply with the City's Code will be required to conform or be
removed on or before July 10, 1991.
Comprehensive Plan:
Annexation of the subject properties is consistent with the
service area delineated in the City's Comprehensive Plan. Policy
B-3.4 of the Land Use Element designates nine annexation areas,
one of which is the area east of Military Trail, north and south
of Atlantic Avenue, therefore annexation of the subject
properties is consistent with the annexation policies of the
City's Comprehensive Plan.
Access:
Military Trail which abuts the territory on the west is paved to
City standards and is maintained by Palm Beach County. West
Atlantic Avenue which lies to the south of the subject area is
paved to City standards and is maintained by the State.
Expansion of Atlantic Avenue to six lanes (pavement width of 72
feet) from Jog Road east to 1-95 is proposed by the County in FY
91/92. Military Trail widening to six lanes from Atlantic Avenue
northward has recently been completed. Improvement of Military
Trail south of Atlantic Avenue is not included in the County's
Five-Year Road Plan.
Access to the properties behind the Kentucky Fried Chicken and
Trails End Plaza will be via the existing driveway between the
properties which services the existing single family residence.
This access is not adequate for the development of the property
in the future and though not correctable can be assisted by the
use of an existing 25' driveway, with single loaded parking, on
P&Z Staff Report
Everett Annexation
Page 4
TABLE 1
EXISTING USES AND PROPOSED ZONING
Proposed
Parcel # Existing Uses Zoning
302 Military Trail Medical Associates, GC
Dr. Steven Rust Podiatrist, Action
Auto Supply, Studio 59 Beauty Salon,
China Garden Restaurant, Miller
Paint of Boca-Ray, David's
Restaurant, Steve & Janes Interiors,
Elya's Fashions, Barber Shop,
Dinette Showroom, Professional Golf
Car Corp.
309 Single Family Residence AG
309.1 Vacant AG
309.2 Trails End Plaza; Dans Fan City, GC
Allure Travel, Klein's Furniture,
Galaxy Beauty Salon, Exotic Birds
316 Vacant AG
317 Kentucky Fried Chicken GC
TABLE 2
OWNERSHIP
Parcel # Owner Annexation Method
302 Pebb Enterprises Water Service Call-In
309 Grace Everett Water Service Call-In
309.1 Grace Everett Voluntary Petition
309.2 Grace Everett Water Service Call;In
316 Florida Power & Light Co. Voluntary Petition
317 Grace Everett Water Service Call-In
*
Receipt of petition anticipated prior to adoption of ordinance
,
P&Z Staff Report
Everett Annexation
Page 5
the south side of the Kentucky Fried Chicken. This situation is
not ideal in that it uses an existing driveway with parking to
access a separate use/site. Providing acceptable and appropriate
access will be an issue at the time a development proposal is set
out for Parcels 309 and 309.1.
Water/Sewer Service:
Water and sewer facilities are located within the eastern portion
of the right-of-way of Military Trail. These facilities are:
a 12" water main terminating adjacent to parcel 302,
an 8" sewer line terminating adjacent to parcel 302,and
a 4" force main ru~ning northward to the Extra Closet.
The Kentucky Fried Chicken (parcel 317) , Trails End Plaza
(parcel 309.2) and the shopping center on parcel 302 are
presently connected to water and sewer service. The undeveloped
properties (parcels 309.1 and 316) and the single family
residence (parcel 309) are not presently receiving service.
The water service agreement for Parcel 309 was to provide water
for the commercial frontage, and service has not been extended to
the single family residence.
Public Improvements:
Upon development of the vacant parcels and redevelopment of the
single family parcel, the extension of (connection to) service
will be the responsibility of the developer/owner. Water mains
will need to be looped for fire f low purposes. Also easements
for water and sewer mains will be required over the parcels
abutting Military Trail in favor of property to their east.
Police, Fire and Emerqency Medical Services:
Annexation of the subject area will not have an adverse effect
upon the City's ability to provide police, fire or emergency
medical services ( EMS) . The adequacy of police services is
evaluated in the Enclave Annexation Report for the recently
completed enclave annexations utilizing an officers per # of
residents ratio. As the area proposed for annexation is
commercial (nonresidential) no additional police personnel should
be required to provide service to the area. The boundaries of
existing patrol zones in the area may require adjustment as a
result of the annexations.
The effectiveness of fire and EMS is measured by response time.
The responding station for calls in the area proposed for
annexation will be Station 4, at Barwick and Lake Ida Road.
Response time from this Station is satisfactory, so annexation of
P&Z Staff Report
Everett Annexation
Page 6
the area will not cause a detrimental effect on emergency
services. If additional units are required, they will likely be
dispatched from Station #1 at the municipal complex. The City's
Comprehensive Plan calls for an additional fire station to be
constructed at Military Trail and Linton Boulevard. Upon
construction, that station will also respond to this area.
Revenue Implications:
The 1989 assessed value of the six (6) properties wi thin this
annexation area is $3,812,305. Estimated ad valorem revenues
at the current 6.2 millage rate are $23,636.29 per year.
Revenues from ad valorem taxes on these properties will be
available for budgeting purposes in the FY 91/92 budget cycle.
Other miscellaneous revenues such as cigarette, gas and sales
taxes are apportioned based upon population, therefore annexation
of this area with a minimal population will have no additional
revenue implications to the City.
Zoning and Land Use Plan Compatibility:
The proposed City zoning of GC (General Commercial) for Parcels
302, 309.2 and 317 is compatible with the existing County CG
(General Commercial) zoning of these parcels and the City's Land
Use Plan designation of GC (General Commercial).
The proposed City zoning of AG (Agricultural) for Parcels 309,
and 316 is consistent with the existing County AR (Agricultural
Residential) zoning of these parcels. The proposed City zoning
of AG (Agricultural) for parcel 309.1 is inconsistent with the
existing County CG (General Commercial zoning of the parcel, but
is consistent with the owners voluntary petition and present
plans for the property. At present, the Comprehensive Plan does
not accommodate the use of the AG District as 'a "holding zone"
for newly annexed property; however, such a usage is accommodated
in the AG District as set forth in the Land Development
Regulations.
The proposed City zonings of GC and AG are compatible with the
adjacent County zonings of CS (Specialized Commercial), CG
(General Commercial) and AR (Agricultural Residential). The
proposed AG zoning is not inconsistent with the existing County
or proposed City commercial zoning to the west given the use of
this zoning as a "holding" zone and the owners future development
plans (commercial or storage).
I
P&Z Staff Report
Everett Annexation
Page 7
Standards for Evaluating Rezoninqs:
Section 173.888 sets forth seventeen standards for evaluating
rezoning requests for which the Planning and Zoning Board and the
City Commission shall make written findings indicating that the
proposed change has been studied and considered in relation to
said standards.
The Planning and Zoning Department has reviewed the proposed
zoning against the seventeen standards of Sec. 173.888 and no
conflicts exist between the standards and the proposed zonings
for the properties, except for the land use plan inconsistency
noted above. This determination is based upon the similarity of
the existing County zonings and the proposed City zonings.
ASSESSMENT:
The annexation and initial zoning of these properties via the
"calling in" of existing water service agreements is straight
forward. The proposed City zonings are equivalent to the
existing County zonings. No potential land use conflicts are
created. Compliance with the City's site and development plan
review process and standards is required for any future expansion
or new construction on the properties.
RECOMMENDED FINDINGS:
1- That the annexation of the subject properties will not
create an additional enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
3. That the proposed zonings of GC (General Commercial),
and AG (Agricultural), are consistent with adjacent
zonings and comply (do not conflict) with any of the
seventeen standards for evaluating rezoning requests as
found in Section 173.888.
4. The proposed zonings are generally consistent (do not
conflict) with the existing County zonings of CG
(General Commercial), CS (Specialized Commercial) and
AR (Agricultural Residential) and the existing uses of
the properties.
5. The proposed zonings are consistent (do not conflict)
with the City's land use plan designation of
Commercial and Transitional for the properties.
P&Z Staff Report
Everett Annexation
Page 8
ALTERNATIVE ACTIONS:
1- Continue with direction.
2. Recommend approval of the annexation of the subject
properties with initial zonings of GC (General
Commercial) and AG (Agricultural) subject to receipt of
a signed voluntary annexation petition from Florida
Power & Light Company prior to second reading of the
adoption ordinance (if not received Parcel 316 will be
removed from the annexation/zoning action).
3. Recommend denial of the annexation of the subject
properties with the reasons for denial stated.
RECOMMENDATION:
By motion, recommend that the City Commission approve the
annexation of the subject properties with initial City zonings of
GC (General Commercial) and AG (Agricultural) Residential subject
to receipt of a signed voluntary annexation petition from Florida
Power & Light Company prior to second reading of the adoption
ordinance (if not received Parcel 316 is to be removed from the
annexation/zoning action).
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