03-14-89 Regular
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
March 14, 1989
7 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. proclamations:
A. Mr. and Mrs. Max Bleiman, 60th Wedding Anniversary, March 18,
1989.
B. National Community Development Week - March 24th - 31st.
FIRST READINGS
5. ORDINANCE NO. 9-89: REQUEST FOR REZONING FLOHR PROPERTY: An
Ordinance rezoning property located on the east and west sides of AlA
(Ocean Boulevard) between the Atlantic Ocean and Intracoastal Waterway
contiguous to Highland Beach from RM-15 to SAD. If passed Public
Hearing March 28th.
6. ORDINANCE NO. 21-89: An Ordinance amending Title V, Chapter 52 by
adding a new Section 52.20 making it unlawful to deny or obstruct
access to read or repair water meters. If passed Public Hearing March
28th.
PROCEDURAL ITEMS
7. Comments and Inquiries on Non-Agenda Items from the Public.
8. Agenda approval.
Action: Motion to approve.
REGULAR AGENDA
9. FUNDING REQUEST- SCIENCE MUSEUM OF PALM BEACH COUNTY: Consider
request from the Science Museum of Palm Beach County for financial
aid.
10. UNISYS SETTLEMENT OFFER: Pending City Attorney meeting with
Unisys representatives.
11. CITY ATTORNEY SUPPORT SERVICES FOR THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) : Consider providing legal support for the CRA from the
City Attorney's office.
CONSENT
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Agenda
Meeting of 3/14/89
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12. MASTER PARKING PLAN STUDY: Approve payment of $25,000 to the CRA
to fund a master parking plan study to be done by Wilbur Smith and
Associates with funding from In-Lieu of Parking fees.
13. AWARD OF BIDS AND CONTRACTS:
A. Award contract in the amount of $17,553 to Caber Systems,
Inc. for four (4) IBM PS-2 Computers, peripherals and software;
$315 to Telemart for Lotus 123 3.5" DiSks; and $840 to Sylvia
Products for Controller Cards for the Fire Department with
funding from Account No. 333-2311-522-50.57.
B. Rental Rehabilitation Deferred Loan Award in the amount of
$41,431 (50% match) to FEC Contractor for property at 101-103,
105-l07, and 109-111 S.W. 14th Avenue.
C. Approve payment in the amount of $15,435.00 to Broward
Testing Laboratory for production well water tests, with funding
from Account No. 441-5111-536-33.11.
D. Human Affairs International contract renewal, for 18 months
(March 18, 1989 thru September 30, 1990) , in the amount of
$16,000 for the employee assistance program with funding from
555-1575-591-34.89.
14. Comments and Inquirie3 on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
March 14, 1989
,
7 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considereq 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.
ADDENDUM
6. ORDINANCE NO. 21-89: Corrects title of proeosed S1ction 52.20
from "Access to Water Meters" to "Access to Water Meters and
Appurtance s" .
11b. OLD SCHOOL SQUARE STREET AUCTION: Approval to auction streets
to raise funds for capital improvement costs for the renovation of Old
School Square.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAG:t:R
SUBJECT: AGENDA REPORT - MEETING OF MARCH 14, 1989
DATE: March lO, 1989
FIRST READINGS
Item No. 5 (Ordinance No. 9-89) Rezoninq Request - Flohr Property.
This is an Ordinance rezoning property on the east and west side~ of
AlA (Ocean Boulevard) between the Atlantic Ocean and Intracoa8tal
Waterway contiguous to Highland Beach from RM-15 to SAD. The SAD
zoninq designation is sought for a one hundred unit hotel on what is
presently the Cote'de Azure site. The purpose of the rezoning is to
accommodate expansion of the current use to the west side of AlA and
to expand (replace) the current motel facility. The current use is
non-conforming.
The Planning and Zoning Board at its January 23rd meeting held a
public hearinq on this item. Fourteen individuals spoke against the
rezoning, several petitions, in opposition were presented; an~ the
City of Highland Beach registered their formal opposition. The Board
recommends denial based upon an inability to make supportive findings
on five of the standards which are used for evaluating rezoning
request.
Recommend denial of Ordinance No. 9-89 based upon the findings of the
Planning and Zoning Board.
Item No. 6 (Ordinance No. 21-89) This is a First Reading of an
Ordinance amending Title V, Chapter 52 by adding a new Section 52.20
making it unlawful to deny or obstruct access to read or repair water
meters. Alternatively, provisions to allow patrons to move water
meters at their own expense, or increase security deposit to provide
for bi-annual meter readings are proposed separately.
Recommend approval of Ordinance No. 21-89.
REGULAR AGENDA
Item No. 9 Funding Request- Science Museum of Palm Beach County. The
City West Palm Beach is requesting Commission consideration to support
the Science Museum which is experiencing short term financial
difficulties. Should the Commission decide to provide aid a funding
source must be identified. Although the continqency balance in the
Special Events account has been expended, funding for this item can be
allocated from monies lined it~ad for other speci~l ev~u~5.
Recommend consideration of request for financial assistance for the
Science Museum.
Item No. 10 Unisys Settlement Offer. Pending City Attorney meeting
with ~nisys representatives.
Item No. 11 Legal Support for the Community Redevelopment Agency
(CRA). The CRA currently pays for leqal services from it's operating
budget. The Board has requested that the City Attorney's office
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AGENDA REPORT
Meeting of March l4, 1989
supply leg~l support as needed. The City Attorney's office currently
provides legal advice and direction for all City Boards and
Committees. Attendance at Board meetings is on an as needed basis.
Recommend Commission consideration of providinq leqal suppor~ for the
CRA from the City Attorneys office.
CONSENT
Item No. 12 Master Parking Plan Study. This item follows direction
given at your March 7th workshop. Wilbur Smith has submitted a
proposal to complete a master parking plan study for the City's
central business district. The cost for this study is $25,000, which
is proposed to come from in lieu of parking fees allocated tathe
Community Redevelopment Agency (CRA).
Recommend a roval of allocation of $25 000 to the Communi t
Redevelo nt en for a master ar n lan stud, to e erforDIed
by W ur Sm t w th undinq from In lieu of parkinq ees.
Item No. 13 AWARD OF BIDS AND CONTRACTS:
A. Award contract in the amount of $17,553 to Caber Systems,
Inc. for four (4) IBM PS-2 Computers, peripherals and softwaref
$315 to Telemart for Lotus 123 3.5" Dis'ks, and $840 to Sylvia
Products for Controller Cards for the Fire Department with
funding from Account No. 333-2311-522-50.57.
B. Rental Rehabilitation Deferred Loan Award in the amount of
$41,431 (50% match) to FEC Contractor for property at 101-103,
105-107, and 109-111 S.W. 14th Avenue.
C. Approve payment in the amount of $15,435.00 to Broward
Testing Laboratory for production well water tests, with funding
from Account No. 441-5111-536-33.11.
D. Human Affairs International contract renewal, for 18 months
(March 18, 1989 thru September, 30, 1990), in the amount of
$16,000 for the employee assistance proqram wi1.h funding from
555-1575-59l-34.89.
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
March 14, 1989
7 P.M. AGENDA Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
ADDENDUM
6. ORDINANCE NO. 21-89: Corrects title of proposed Section 52.20
from "Access to Water Meters" to "Access to Water Meters and
Appurtances" .
11b. OLD SCHOOL SQUARE STREET AUCTION: Approval to auction streets
to raise funds for capital improvement costs for the neovation of Old
School Square.
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[ITY DF DELRAY BEA[H "It.
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CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483
407/243.7090 TELECOPIER 407/2784755
MEMORANDUM
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Date: March 10, 1989
To; Walter O. Barry, City Manager "
David M. Huddleston, Director of Finance
Larry Martin, Acting Director of Public Utilities
Al Monteleone. Supervisor Water Distribution
Byron Matteson, Supervisor Customer Services
From: Herbert W. A. Thiele, City Attorney
Subject: Final Draft of Ordinance Regarding Access to Water Meters
Attached hereto for your further handling and tra'nsmittal to the City Commis-
sion, please find a revised ordinance concerning acc~ss to water meters.
You will note that the only change has been at the request of the Supervisor
of Water Distribution, Al Monteleone, which is to insert the phrase "and
appurtenances" after the phrase "water meters" to clarify that the City may
also need to gain access to main line valves. hydrants, manholes, cleanouts,
and other in addition to the water meter itself.
After you have had an opportunity to review these materials, it would be
appreciated if this matter could be presented to the City Commission for their
further direction.
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ORDINANCE NO.21-89
,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 5 2, "WATER", "METERS", BY ENACTING A
NEW SECTION 5 2 . 20, "ACCESS TO WATER METERS AND
APPURTENANCES"; TO PROVIDE THAT IT SHALL BE UNLAWFUL
FOR ANY PERSON TO INTERFERE, DENY OR RESTRICT ACCESS
TO THE CITY'S AGENTS OR EMPLOYEES FOR THE PURPOSE OF
MAKING PERIODIC METER READINGS OR REPAIRS; 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 52, "WATER",
"METERS", of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended by enacting a new, SectiOll
52.20, "ACCESS TO WATER METERS AND APPURTENANt=ES", to read as follows:
Section 52.20 ACCESS TO WATER METERS
It shall be unlawful for any person to interfere
with, effectively deny, or to restrict in any manner, full
access to Ci ty water meters and appurtenances by the City's
agents or employees, for the purposes of making necessary
periodic readings or repairs on said meters and appurtenances.
Such interference may include, but shall not be limited to,
use of locked gates or fences, presence of animals, physical
barriers, and/or overgrown vegetation.
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 a part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
!
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: i1J!t; Robert A. Barcinski, Asst. City Manager/Community Services
DATE: March 10, 1989
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SUBJECT: Documentation - City Commission Meeting - March 14, 1989
Street Auction - Old School Square
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Action
City Commission is requested to consider approval of an auction to
be conducted by Old School Square on May 20, 1989; establishing renaming
criteria and procedures, and approval of a tentative street and alley
list for auction.
Information
General
Old School Square, Inc. is proposing to conduct an auction of streets
on May 20, 1989. This auction would be open to the public and is a
means to raise funds for capital impr~vement costs (less auction
expenses) for the renovation of Old School. The successful bidder
would be able to rename a street or alley. Attached,is a listing of
proposed streets and alleys to be considered, based upon input received
at the 3/7/89 Workshop.
Criteria
Staff suggested criteria for renaming streets is as follows: Streets
would only be renamed as proper names, places or a business name.
Duplicate street names or names which would be similar to existing
street names would not be permitted. This would include streets out-
side the corporate limits. The entire street or avenue within a
geographic quadrant would be renamed; not just a block or two. A "dual
name" for most numbered streets is proposed for a period of 3 years to
allow owners and businesses to plan changes to stationary, etc. Named
streets (non numbered) and alleys would be modified without delay.
Streets 4, 5, 7 and 10 on the attached list, although numbered, are
recommended for immediate change because of existing confusion for
emergency response.
Procedures
The auction list will be approved by City Commission. Property owners
will be notified and given an opportunity to comment. Final street
renaming will be subj ect 'to review and approval by City Commission.
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Suggested Streets, Avenues and Alleys
I. Railroad Avenue' from E. Atlantic Avenue north to N. E. 2nd Street.
2. Germantown Road from Linton north to N.W. 10th Street.
"
3. Avenue G from Fredrick Boulevard west to South Dixie Highway. ,
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4. N.W. 3rd Street east of Congress (about 1 block).
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5. N.W. 1st Street east of Congress (about 3 blocks).
6. Highland Avenue, east of Homewood Boulevard to Delray Golf Course.
7. S.W. 2nd Street east of Congress (about 1 block).
8. S.W. 18th Avenue south of Atlantic to Congress Avenue (about 1
block).
9. Avenue F from Federal Highway west to Dixie Boulevard.
10. S.W. 4th Street west to S.W. 27th Avenue (Wood1ake Entrances).
II. Brandt Drive from the C-15 Canal north to Lindell.
12. Alley located between E. Atlantic Avenue and S.E., 1st Street, from
S.E. 3rd Avenue to S.E. 5th Avenue.
13. Alley located between N.E. 4th Avenue and N.E. 5th Avenue, fro'm
behind the Arcade Tap Room to N.E. 1st Street.
14. Alley located between S.E. 4th Avenue and S.E. 5th Avenue, behind
the Library and Chamber of Commerce.
15. Alley located between E. Atlantic Avenue and N.E. 1st Street, from
the railroad to N.E. 5th Avenue.
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EIT' DF DELIR' BEREN .,
100 N,W, 11. AVENUE DE~RAY BEACH. F~DRIDA 3_ 407/243.7000
PROCLAMA TION
"
WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
has operated since 1974 to provide local governments with the
resources required to meet the needs of persons of low and moder-
ate income; and,
WHEREAS, the City of Delray Beach became an entitlement
City, receiving its own block grant funds since October 1, 1985,
providing the much needed assistance in revitalizing our neighbor-
hoods and assisting the low and moderate income citizens of our
City; and,
WHEREAS, community development block gran1:' f~.,:' are'
used by thousands of neighborhood-based nonprofit org~;la1:ion.
throughout the Nation to address pres~ing neighborhood ".,' hwun
service needs; and, , ,
WHEREAS, the last several years the Federal Governmen~
has reduced Federal assistance to local governments and nonprofi1:
organizations; and,
WHEREAS, during this time of constricted Pederal con1:ri-
butions to the task of meeting the needs of low and modera1:e
income persons, the problems have grown as evidenced by the
dwindling supply of affordable housing, the massive rise in
homelessness, and the resurfacing of hunger and malnutrition; and,
WHEREAS, the Congress of the Nation has often overlooked
the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM and the significant number of organizations and projects
that rely on its funds for support; and,
,", WHEREAS, the Congress of the United States h~s declared
March..:a. - 31, 1989, NATIONAL COMMUNITY DEVELOPMENT WEEK and have
callelt upon the President and all people of the United States to
observe the week with appropriate ceremonies and aC1:ivities,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim March 24 - 31, 1989,
as
"NATIONAL COMMUNITY DEVELOPMENT WEEK"
and call upon all citizens of our City to participate in ceremo-
nies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Plorida, to be
affixed this 14th day of March, 1989.
- MAYOR
DOAK S. CAMPBELL
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'SEAL i
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ORDINANCE NO. 9-89
AN ORDINANCE OF THE CITY COMMISSION OF THE t. f'
CITY OF DELRAY BEACH. FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLI
FAMILY DWELLING) DISTRICT IN SAD (SPECIAL
ACTIVITIES) DISTRICT FOR THE SOUTH 100 lEIT
OF THE NORTH ONE-HALF (N 1/2) OF SECTION 28.
TOWNSHIP 46 SOUTH. RANGE 43 EAST. LYING WEST
OF THE ATLANTIC OCEAN AND EAST OF THE EAST
RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATIR-
WAY, LESS THAT PORTION DEDICATED TO STATE
ROAD A-I-A. DELRAY BEACH. PALH BEACH COUNTY.
FLORIDA; SAID LAND IS LOCATED BETWBKN THE
INTRACOASTAL WATERWAY AND THE ATLANTIC OCEAN.
APPROXIMATELY 2,750 FEET SOUTH OF LINTON
BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY
BEACH. FLORIDA, 1983"; PROVIDING A GENERAL I
REPEALER CLAUSE: PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Sect.ion 1. That the following described property in
the City of Delray Beach. Florida, is hereby rezoned and placed
in the SAD (Special Activities) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach.
Florida, to-wit:
The South 100 feet of the North One-Half (N
1/2) of Section 28. Township 46 South, Range
43 East. lYing West of the Atlantic Ocean and
East of the East right-of-way line of the
Intracoas'\:oal Waterway. less that portion
dedicated to State Road A-1-A; said lands
situate. lying and being in Palm Beach
County, Florida.
The subject property is located between the
Intracoastal Waterway and the Atlantic Ocean.
apprOXimately 2.750 feet south of Linton
Boulevard.
The above described parcel contains a 1.637
acre parcel of land, more or less.
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Se~t.ion 2. That.the Planning Director of said City
shall, upon the effective l' date of this ordinanoe. ohange the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinanoes or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Seotion 4. That should any seotion or provision of
this ordinance or any portion thereof. any paragraph. sentenoe,
or word be deolared by a Court of competent Jurisdiotion to be
invalid, suoh deoision shall not affeot the validity of. the
remainder hereof as a whole or part thereof other than the part
deolared to be invalid.
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SA~t'.i nn f\ That this ordinance shall become effective
immediately upon passage on second and final readin~.
PASSED AND ADOPTED in re~ular session on second a'nd'
final readin~ on this the day of . 1989.
HAY 0 R
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ATTEST;
City Clerk
First Reading
Second Reading
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- 2 . Ord. No. 9-89
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MEMORANDUM
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}O: Walter O. Barry, ~anager
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FROM: Frank Spence, Development Services Director
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SUBJECT: FLOHR REZONING RM-15 TO S.A.D.
DATE: February 9, 1989
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ACTION REQUESTED OF THE COMMISSION:
The applicant is requesting the Commission to approve on first reading
and enacting ordinance to rezone the Flohr property from RM-15 to
S.A.D.
BACKGROUND:
This rezoning is privately initiated. The S.A.D. zoning designation is
sought for this specific project of a 100 unit hotel.
.
The property under consideration is currently the site of.Cote' de
Azure, an existing hotel/resort. The purpose of the rezoning is to
accommodate expansion of the current use to the west side of AlA and to
expand (replace) the current motel facility. The current use is
nonconforming.
PLANNING & ZONING BOARD RECOMMENDATION:
At it's meeting of January 23, 1989 the Planning and Zoning Board held
a public hearing on this request. Fourteen individuals spoke against
the rezoning. Several petitions, in opposition, were presented. The
City of Highland Beach registered it's formal opposition. The Board on
a 6-1 vote, recommended DENIAL based upon an inability to make
supportive findings on five of the standards which are used for
evaluating rezoning request.
RECOMMENDED ACTION:
Denial of the enacting ordinance on first reading.
. f the Plann~g ':and Zoning staff report is available
A complete copy 0 'i
for review in the City Manage" s off ce. .,
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, PLANNING B 'l)NING BOARD
. CITY OF OELRAY BEACH
--- STAFF REPO
MEETING DATE: January 23. 1989
AGENJA ITEM: TTT R
ITEM: FLOHR REZONING RM-1S TO SAD
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GENERAL I
DATA: "
OwDeI:....--...:.:......................Mr. 'Mr.. JeDO Flobr
_~.......................... . LArry N. Sc:Iule1der
CUrr1., &chAelar ,
A..oci.t.. AlA, PA
Loc.tlon........................E&.t and we.t alde8 of AlA .
(Ocean Blvd.), bebMeA the
Atlantic OCND aDd. the
Intraco..tal v.teaM!'. 'l'be
property 1. c:cmt.1guoua to
Hlghlancl ,,&ell.
property S1.....................1.637 ACre. (71,30' Sq. ft.)
C1~y L&ncI U.. Plan............. .ICF-B (1lIll~1-r..lly 81gh Den.1~yl
C1ty ZOntng.....................RK-15 (Kult!ple-raaily Dwel11ng
Dlo~r1c~1
Adjacent: Zonln9_................ .North of the aubject property 1.
zoned RM-15. SOUth 10 81ghlllncl
Beach, ...t: 1. the At.latic OCe.n
an4 weat: 1. the Illtracoaat&l
Waterway. Acr08. the
Intr.co..tal 1. 10ne4 a-1AA-.
(S1ngl.-r&m1ly Dwel11ng D1.~rlc~)
&xl.tln; Lane! U.................An 18 unit motel with. beauty
..lon
Proposed Lane! U.................A 100 room r..or~ with a 200
aq. ft. private re.taurant.
Twenty-flve percent (25\) of the
roona to recelve cookin;
facllltiea.
Water S.rvlc....................Exl.t1nq 8" water maln located on
the we.t .1d. of AlA .erv1ce. the -
parcel on tn. we.t .1d.. ITEM: ZZl. t.
Exl.tin; 6" water lII&in located on
the ea.t .1d. of AlA .erv1ce.
the parcel on the .a.~ .1d..
S.wer s.rv1ce...................Exi.t1nq 12" .an1tary .ewer
located alon9 AlA.
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THE ITEM BEFORE THE BOARD
The action before the Board is that of making a recommendation on
a Rezoning from RM-15 (Multiple Family Residential) to SAD
(Special Activities District) for a l.637 acre parcel. The
property consists in part, of the Cote d'Azure Motel and
incorporates the vacant tract immediately to the west. Intrinsic
in the rezoning action to the Special Activities District is the
consideration of a specific site plan. The site plan is
presented for review only. Action on the site plan and attendan~
conditional use aspect of the request will be contingent on the
outcome of the Planning and Zoning Board recommendation on the
Zoning change.
BACKGROUND
On December ll, 1987, the City received a formal notice regarding
a potential County Land Use Plan Amendment on the (Flohr) parcel.
The petition before the County, sought, Commercial potential on
the property, then designated M to ~ (Medium to Medium High)
Residential on the County's Land Use Plan. The City
Administration advised Palm Beach County that the parcel was' an
enclave and anticipated annexation/zoning could occur by July,
1988. .
The petition was formally considered by the Planning and Zoning
Board and the City Commission. .
- On January 25, 1988, the Board recommended denial.
- On February 9, 1988, the City Commission accepted the
Planning and Zoning Board recommendation for denial on
the proposed County Amendment.
The petition was considered by the County's Land Use Advisory
Board. It was not pursued by the agent and that fact was
reported to the LUAB. However, since the petition was not
formally withdrawn it continued through the County process and
was denied along the way.
I
With the implementation of the 'Delray Beach Enclave Act' the
Planning and Zoning Board considered the annexation of the
subject parcel at its meeting on July 25, 1988, and recommended
annexation with zoning to the RM-l5 MUltiple Family District.
The City Commission sUbsequently considered the Board's
recommendation and the annexing/zoning ordinance to the RM-l5
(Multiple Family) District was adopted on August 23, 1988.
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P& Z Staff Repo~~ - Meeting of January 23, 89
Flohr Rezoning RM-1S to SAD
. Page 2
With the adoption of the RM-1S zoning designation, the existing
motel became a legal nonconforming use. Continuation of the
existing use is allowed pursuant to the mandate of the "Enclave
Act" and Section 1 73 . 829 of the Zoning code/ nonconforming uses of
structures.
On April l8, 1988, the Planning and Zoning Board formally
initiated a Zoning Text Amendment to accommodate. the need fo~
resort related uses. Incorporated in this Text Amendment was the
creation of a new use of "resort". The "resort" use would be
allowed in the RH and RM-l5 Zone Districts as a conditional use.
On June 20, 1988, the Planning and Zoning Board began formal
review of the amendments. The item was continued from
time-to-time until on September 19, 1988, the Board recommended
approval of the Text Amendment draft *3 subject to minor
modifications.
At the October l8, 1988, City Commission Workshop Meeting, the
Commission gave direction that the proposed amendment which would
allow resort uses in the high density multi-family zoning
districts was inappropriate. Furthermore, there was a consensus
among the Commission members that it was not their desire to
provide a vehicle whereby current nonconforming uses along AI-A
(and elsewhere in the City) could have an opportunity to apply
for conditional use approval and upgrade their property beyond
that provided for under the nonconforming provisions of ,the
Zoning code. ,
Concurrent with the City Commission workshop, a sketch plan with
, a development proposal for a' 100 room resort hotel was reviewed
1 by staff and technical comments noted. At that time, the
applicant was made aware of the consensus of the Commission
regarding the proposed text amendments.
i PROJECT DESCRIPTION
The subject property comprises of two tracts of land containing
1.637 acres. The parcel extends from the Intracoastal Waterway to
the Atlantic Ocean separated by State Highway A-I-A. The site
is located at the border of the Delray Beach / Highland Beach
municipal limits. The parcel is partially developed, with the
existing Cote d'Azure development on the east side of A-I-A. Cote
d'Azure is an 18 room motel facility, with attendant recreational
(swimming pool) and parking facilities. The property on the west
side of A-l-A is vacant.
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P& Z Staff RepL._c - Meeting of January 23, )89
Flohr Rezoning RM-15 to SAD
. Page 3
The development proposal incorporates the demolition of the
existing facility in order to allow a 100 room resort hotel, with
a 200 square foot private restaurant. Proposed recreation
amenities include a swimming pool (east side) and a docking
facility along the Intracoastal Waterway. The hotel will be in two
structures, each four stories in height on each side of A-I-A. A
parking structure will be located below ground level. As
indicated on the site plan, there will be twenty-four (24) unit,
on the west side of A-I-A with the remainder (seventy-six) 76
units on the east side.
No amenities are proposed within the structure located on the
west side of A-I-A. It will accommodate guest rooms only. All
the amenities will be provided within the main structure on the
east side of A-l-A. For both structures, gu~st rooms are
accessed by going through a central corridor via the lobby area.
Twenty-five (25) percent of the rooms are proposed to have
compact kitchens.
This type of development i.e. a combination of sleeping rooms and
complete units (including kitchen facilities) is not addressed in
the zoning code. The zoning code currently allows hotels and
motels within commercial districts, bue these facilities are
prohibited from providing cooking facilities.
Since provision of this type of facility is not allowed in the
zoning code, the applicant has requested that the SAD Zoning
classification be applied. The SAD Zoning district unlike the
conventional zoning districts has no stated uses. Uses and
activities allowed within the District are determined at the time
of rezoning to the SAD.
PRO J E C TAN A L Y S I S
COMPLIANCE/CONSISTENCY WITH THE COMPREHENSIVE PLAN AND POLICY:
Section 173.630 - Purpose of the Special Activities District
states "The SAD is intended for those locations where tracts
suitable in location, area, and character for the specialized
purposes proposed by the applicant, as determined in the action
rezoning a particular property". It continues "the uses,
activities and characteristics of the SAD are to be consistent
with the Comprehensive Plan, suitable and compatible with
surrounding existing development".
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P& Z Staff Rep . - Meeting of January 23, 989
Flohr Rezoning RM-15 to SAD
Page 4
Specific uses are not called out within the SAD Zoning text,
instead they are determined at the time of enactment of the
zoning ordinance and established as "conditional uses". The
practice (and policy) of the City Commission has been that
application of SAD zoning is deemed consistent with any
underlying Land Use Map designation. For example, the land use
designation for the Waterford Place development is PR04 Planned
Residential, yet it accommodates 800,000 square foot offices, a
250 room hotel and 236 residential units. The recent SAD study
has identified that of the 28 existing SAD's,:2l would require
plan amendments if conventional zoning distr~ctswere applied.
The POlicy Guide to the Land Use Element of the Comprehensive
Plan adopted December, 1986, provides the following gUidance in
considering the request .
"Use of the Special Activities District (SAD) should be
applied only in unique situations and used only when
conventional zoning districts cannot be applied.
The proposed development may be considered to represent a unique
situation in that the proposed use (combination of sleeping rooms
and complete units) is not allowed in ,any conventional zoning
district. On-the-other-hand, the Land Use Designation on the
subject property is MF-H (Multi-Family High Density). The use
activity proposed is transitory residential rather than permanent
and by this nature the associated services offered has been
viewed as a commercial activity. In this later application, use
of SAD zoning would be contrary to the above policy statement.
POlicy statements generated from VISIONS 2000 Assembly regarding
the City's coastal area recommend actions to enhance and protect
this resource, but caution that over commercialization and over
promoting should not occur to the extent that it diminishes the
beach resource.
f ZONING ANALYSIS:
The proposed zoning classification change is from RM-l5 (Multiple
Family) to SAD (Special Activities District). The zoning
designation and current land use on the surrounding properties
are as follows:
- RM-15 (Multiple Family Residential) zoning to the
north: current uses are Court of Delray Condos, a
mUlti-story condo (permanent residents) on the west;
and, Delray Villas Condos, apparently a former
individual rental project which has been converted to
condo ownership with permanent residents.
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P& Z Staff Rep~~t - Meeting of January 23, 989
Flohr Rezoning RM-15 to SAD
Page 5
- R-1AA-B (Single Family) to the west (across the
Intracoastal Waterway) developed as -a single family
portion of Tropic Isles.
- To the south, zoning within the Town of Highland Beach
is RS (Residential Single Family) on the west side of
A-l-A and RE (Residential Single Family Estate lots) on
the east side of A-I-A. The Land Use Designation oh
the Town's Plan is SF (Single Family). The use on the
west immediately adjacent to the vacant parcel is a
three story residential'rental facility. which is
vacant. On the east there are vacant lots and large
single family estate homes.
The application is assessed under Section 173.888 "Standards for
Evaluating Rezone Request" with the following findings.
STANDARD A (will the change be contrary to the proposed Land, Use
Plan) .
By practice and policy, the SAD zoning designation is deemed
consistent with underlying land uses as shown on the Land Use
Map. The Policy Guide speaks against the use of SAD except in
unique situations. In that the proposed use is clearly a hotel
and is more appropriately classified as a commercial use, the
proposed zoning is not consistent with the Policy Guide.
STANDARD B (will the change be contrary to existing land use
pattern) .
There are many "resort" uses along A-l-A between Highland Beach
and Linton Boulevard. Also, many of condominium developments
which exist there are for part-time or seasonal occupancy. Uses
which rent facilities to non permanent residents are
non-conforming. The proposed use is for non-permanent
residential purposes. Thus, from a use perspective it is not
necessary contrary to existing uses. However, the future land
use is to be only for permanent residential purposes. This is
attested to through the City's inaction in accommodating the
non-conforming uses through amendments to the zoning code.
STANDARD C (will the zoning create a isolated district unrelated
to adjacent and nearby properties, i.e. spot zoning).
The SAD zoning designation is not considered as "spot zoning"
because of its unique character qualification . .. practice and
policy.
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P& Z Staff Repo~~ - Meeting of January 23, 89
Flohr Rezoning RM-15 to SAD
Page 6
STANDARD D (will the change alter the population density increase
load on pUblic facilities e.g. schools, utilities and streets).
The proposed change will increase the population density.
However, the increase will occur in the transitory population
category rather than the permanent. In comparison to a
muti-family development, a reduction of the impact on public
school facilities will result with the proposed use as opposed to
development under the RM-15 designation for permanent housing.
Negligible increases to the City is utility system will result.
Adequate water and sewer services exists along A-I-A to serve the
proposed development. In addition, any upgrading of facilities,
e.g. the provision of fire hydrants will be the developers
responsibility. The effect on the street system will exhibit the
greatest impact on public facilities. This led staff to require'
a traffic analysis. The analysis provided the following
conclusions:
l. that the additional trips generated from the
proposed development will not decrease . the
existing Level of Service (along A-l-A).
2. no additional roadway improvements are needed to
accommodate traffic flow.
The City Engineering and Planning staff"s concur with the
conclusions reached by the Traffic Study. See Standard H for more
information regarding traffic.
STANDARD E (district boundaries illogically known).
.
The district boundaries are logically drawn with the Intracoastal
Waterway providing a natural separation between the Single Family
to the west and the municipal boundary of Delray/Highland Beach
jurisdictional boundary on the south. The north boundary is the
straight property line. The boundary represents existing parcels
and is logical.
STANDARD F (changing conditions made rezoning necessary).
The request for the change has come about due to the condition
and functionality of the existing non-conforming use. The owners
desire to up-grade the quality of development on the property.
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P& Z Staff Rep~_~ - Meeting of January 23, 189
Flohr Rezoning RM-15 to SAD
Page 7
Failure to obtain the requested zoning would result in either the
property being used in its present state or demolition and
construction of housing for permanent residential purposes.
The increasing congestion and the construction of housing for
non-permanent residents has changed the character of the area
from what it was when the current use was first established.
These changing conditions are a part of the basis for seeking the
zoning to allow the hotel use. '
,
STANDARD G (will the change adversely influence living conditions
in the neighborhood).
The application of the SAD District will not create a new use,
but will expand the existing use and allow for its
intensification. The development proposal to accommodate lOO
rooms represents an increase of over 5 times in the current
accommodation levels. While the proposed development will be
more aesthetically pleasing, the intensity of the development
may impact the adjacent neighborhood. Since the immediately area
is highly congested during "the season", it is problematical as
to the effect that this single use woula have.
STANDARD H (change creates increase traffic).
The change in zoning will increase the traffic along A-l-A. In
comparison, to a residential development, the proposal would
increase traffic over multi-family residential traffic as
follows:
DAILY RATE TRIPS
(Averaqe)
Existing Motel (18 Units) 10.l89 184
Proposed Use (lOO Rooms) 8.704 871 *
10.l89 l,Ol9
MUltiple Development with 5.857 l46
Maximum Density (25 Units)
* Either the Motel or Hotel generation rates of the lTE
Manual could be used for the proposed 100 Unit use.
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P& Z Staff Rep~_c - Meeting of January 23, l89
Flohr Rezoning RM-15 to SAD
Page 8
The level of service standard which the City proposes for A-l-A
is "C". At present, this stretch of A-I-A functions at "C".
Representatives of Highland Beach have claimed that A-I-A is
presently at LOS "D", but this occurs at their south border. The
proposed project will not place the LOS of A-l-A below the
accepted level. However, additional congestion will occur due to
an increase in the number of turning movements (and crossing
movements) which will occur along this two lane roadway. Th~
acceptance of congestion along A-l-A has been accepted as a
consequence to keeping the facility in its present condition.
Proposed policy statements pertaining to A-I-A speak against its
widening.
STANDARD I (change creates a drainage problem).
The zoning Change would not create a drainage problem. This
standard would be addressed through the site plan process.
STANDARD J (would the Change seriously reduce light 'and air to
adjacent areas).
This criteria is evaluated by analyzing three standards namely,
setback regulations, height, and open space requirements. A
comparison between the existing zoning regulations (RM-l5) and
the proposed zoning regulations are given for the categories
listed above.
Required Setbacks:
Districts Front Side Interior Side Street Rear
RM-15 30 25 Not Appl. 25'
SAD l5 l5 Not Appl. l5'
Heiqht:
In both Districts the maximum allowable height is 48 feet.
Ground floor ratio: ..
RM-15 - the total ground floor building area shall not
exceed 40% of the total lot area.
SAD - No requirements.
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P& Z Staff Repo~c - Meeting of January 23, 189
Flohr Rezoning RM-15 to SAD
Page 9
Since a site plan/sketch plan has been presented an the fOllowing
evaluation of these criteria has been made.
- the project meets the most restrictive setbacks (i.e.
as they apply to the RM-15 District).
- the building height proposed (42 feet) is in keeping
with the maximum allowed in both districts. ,
- the proposed ground floor ratio (24.5%) is in keeping
with the restrictive standard allowed in the RM-15
district.
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Thus, the impact of the proposed project (requested rezoning)
would be no greater than allowed by the exiting zoning.
STANDARD K (effect on property values).
The Town of Highland Beach and property owners to the south
(east) where estate zoning exists feel t~at their property value'
will be diminished. The impact upon other. properties is
problematic given the built-up nature of the area and the amount
of seasonal use impacts.
STANDARD L (deterrent to improvement of adjacent properties).
The proposed change would not be detrimental to the improvement
of adjacent properties to the north since they are already
developed. Similar development may occur. The impact to the
south is more appropriately related to property value rather than
being a deterrent to improvement.
STANDARD M (will Change grant special privileges).
The change may be construed to mean the gr~nting for special
privilege, due to the fOllowing:
- the zoning code does not allow for this use other than in
commercial districts
- several nonconforming similar type facilities exists within
the RM-l5 District and they are not allowed to expand.
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P& Z Staff Repl . - Meeting of January 23, 189
Flohr Rezoning RM-15 to SAD
Page 10
STANDARD N (reasons why property cannot be utilized with present
zoning) .
The present use is a nonconforming use with the RM-15 district.
The requested zoning change provides a vehicle to acconunodate
expansion. However, redevelopment to permanent housing can be
undertaken.
,
STANDARD 0 (is change out of scale with the needs of the
neighborhood) .
Along A-I-A similar facilities, in terms of scale, exist.
STANDARD P (possible to find other adequate site with this zoning
designation) .
There are sites and zoning in other parts of the community which
will accommodate the proposed use. Two hotel projects are
currently contemplated and a major expansion of El Camino Real is
proposed.
STANDARD Q (sufficient evidence been provided to justify need for
change) .
There has been no conclusive evidence presented which
demonstrates that no other use can be made of the property or
that the current use could not continue. The request is contrary
to positions and policy of the City and persuasive arguments
demonstrating the need to change those policies has not been
presented.
SITE PLAN MATTERS:
The establishment of the uses within the Special Activities
Districts is subject to conditional use and site and development
plan approval. Thus, prior to adoption of an enacting ordinance
the site development must be reviewed and acted upon.
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P& Z Staff Repe.. ~ - Meeting of January 23, 189
Flohr Rezoning RM-15 to SAD
Page 11
The site development plan which accompanied the petition was
determined to be inadequate for a complete site plan analysis.
However, the submission was accepted as a sketch plan so that a
better assessment could be made of the request. Revisions to and
action by the Board on a complete site plan will be contingent
upon the Board's action on the zoning petition. If the Board
recommends a zoning change, a revised site plan and its analysis
pursuant to the ten criteria for evaluating a site plan will b~,
made.
It is appropriate, however, that certain aspects of the site plan
be noted so that direction can be provided, if approval is
contemplated. These items include:
- Each parcel should stand on its own in meeting code
regulation namely parking and loading facilities; this
may impact the development proposal.
- parking calculation, were based on a hotel use which
requires 7 spaces for guest rooms plus 10 spaces per
1,000 square feet of total floor area devoted to
restaurants. With the provision of kitchen facilities
for 25% of all rooms a determination must be'made if
the multiple family parking regulations will apply.
The mUltiple family regulations are greater and call
for a total 1.5 parking space for an efficiency unit (l
parking space for the efficiency and 5 spaces for guest
parking per unit).
- the Board has voiced concerns regarding the small size
of the restaurant, direction may be given as to
increasing its size.
- the use may be deemed acceptable, but the intensity
not; if this is so, direction as to how best to reduced
the density might be addressed.
- a walkover (the dune) is shown, this feature must be
retained and detailed in the site plan submission.
- direction regarding providing dock facilities or
retaining the current state of mangroves and
Intracoastal feature should be made.
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P& Z Staff Rep,- . - Meeting of January 23, 189
Flohr Rezoning RM-15 to SAD
Page 12
ASSESSMENT AND CONCLUSIONS:
The proposed zoning change will provide for an expansion and
intensification of a current nonconforming use. By virtue of
the fact that the use is not allowed in the Zoning District, i.e.
nonconforming, it is the intent of the Zoning Code that such uses
be phased out over time due to restrictions on expansions and
improvements. The request provides a way to overcome thilf
situation.
Since the City Commission has recently reviewed the matter of
allowing establishment of new resorts and/or expansion of
existing resorts and has rejected changes which would remove
their non-conforming status, it seems appropriate that the
rezoning request be recommended for denial.
There has not been overwhelming evidence pr~sented to warrant a
reversal of existing policy and direction.
ALTERNATIVE ACTIONS:
1- Continue with concurrence and dire"ction.
2. Recommend approval of rezoning to the SAD based upon a
finding that resort related uses should be allowed to be
established along A-I-A, under the specific controls
afforded by S.A.D. zoning.
If this action is recommended, direction should be given
regarding site plan matters.
.
3. Recommend denial of the SAD Zoning request due to failUre to
make positive findings to the following Standards for
Evaluating Zoning Requests.
RECOMMENDATION:
By motion, recommend that the requested SAD rezoning petition be
, denied in that it does not comply or meet with the following
I Standards which are to be applied in the evaluation of rezoning
requests:
Standard "A" - not consistent with Policy Guide with
respect to the use of S.A.D. zoning
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P& Z Staff Rep~_c - Meeting of January 23, 989
Flohr Rezoning RM-15 to SAD
Page 13
"
Standard "F" - although conditions in the area have
changed, they have not changed to such a degree as to render
the current zoning inappropriate
Standard "K" - a potentially adverse impact upon
property values of permanent residential units and vacant
land in the Town of Highland Beach
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Standard "M" - the ability to establish resort or hotel
accommodations is not provided to others along A-l-A
Standard "Q" - sufficient evidence and arguments have
not been presented which would justify a departure from
existing policy.
Attachment:
- reduction of sketch plan
REF/JT*28/FLOHRSR.TXT
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January 19, 1989 \~E€EiVE~
:JAN1 '9 i.
Planning and Zoning Board
City Hall PLANNI ,
100 Northwest First Avenue
Delray Beach, Florida 33444
.d
Regarding Flohr rezoning proposal File 1-225
Gentlemen: ,
Enclosed is a copy of a resolution of the Board of Directors of Bermuda High
West Condominium Association, Inc., opposing the rezoning of the Flohr property on
State Road AlA. Bermuda High West is a 46 unit condominium on approximately 5 acres
of land with 500 foot frontage on AlA, 500 feet north of the Flohr property. ,
The proposed rezoning would create a commercial district on a single lotonJr'
100 feet wide in the middle of a hugh residential area. Therefore on'its face i-is
a clear case of illegal spot zoning. The exclusively residential area bounded olf the
east by the ocean and on the west by the intracoastal waterway stretches north from
the Flohr property 1~ miles to the public beach and beyond and to the south for sev-
eral miles in Highland Beach. The town of Highland Beach opposes the rezoning. There
is no access to the Flohr property from any direction ~xcept through the surrounding
residential areas in Delray Beach and Highland Beach.
No valid reason for the rezoning was mentioned at the workshop session. Comments
by Board members that the Flohr property is in a transient tourist area were not cor-
rect. The only other transient units are near the Linton Bridge, which is over.~
mile north of the Flohr property. The nearest is the Breakers, 1/3 mile north.
Moreover, the total number of nonconforming units in the area is a tiny fraction
of the total residential units and are unobtrusive, low coverage, one or two story
resort type facilities with no restaurant. The Board should develop the relevant data
before relying on these other nonconforming transient units as supporting rezoning.
In contrast, the proposed Flohr hotel, with 100 rooms and a restaurant, paves
the entire property, except for 5 feet on each side, and is four stories high. It
would have to be more than the stated 12 feet higher than the present two story build-
ing. Moreover most of the present high dune would be excavated down to 7 feet above
sea level, increasing the hazard of over wash.
Therefore the quantity, quality and location of the eXisting nonconforming tran-
sient uses give no support whatever to the proposed rezoning.
con't on Page Two
2150 South Ocean Boulevard, Delray Beach, Florida 33444 Phone 3051272.0307
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Page Two - Flohr rezoning proposal F 1-225
"
The beach area south of the public beach is almost fully developed with high
quality owner occupied residences. The water, sewers, streets and provision of other
government services are in place to support full development under present zoning.
The residents have a right to expect the City to protect the character of the neigh-
borhood and prevent overload of the infrastructure. No reason appears for spot
rezoning of the Flohr property which would not apply to any other property in the
area. Therefore the Flohr rezoning proposal must be rejected to protect the integrity
of the existing residential zoning throughout the area.
1.
v~~u[i~U~ f-
Carl E. Glock. Jr.
President
Bermuda High West Condominium 'Association, Ir
CG/ft
Enclosure: Resolution
.,
2150 South Ocean Boulevard, Delray Beach, Florida 33444 Phone 3051272-0307
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Resolution approved unanimously by the Board of Directors of Bermuda High West
Condominium Association, Inc. at a Special Meeting held January 18, 1989. t,
WRRRBAS, the entire area between the ocean and the intercoastal waterway from
Highland Beach to the Delray Beach public beach, a distance of 1~ miles, i. zoned
exclusively for residential uses and is in fact residential, with only a few pre-
existing nonconforming transient uses near the Linton Blvd. bridge, all of which
are unobtrusive, low coverage, one or two story resort type accomodationsl and
WBBRBAS, the owner of the southern most property in this area on which a small
motel is operated as a nonconforming use has initiated a proposal to rezone his
100 foot lot from Residential to Special Activities Di~trict to permit constJ:!!1c;,."
tion of a 100 room hotel, ("Flohr hotel rezoning-)I and I
WBBRBAS, no reason appears to justify such 100 foot spot rezoning to create ~e
only commercially zoned lot in the exclusively residential zone south of the
public beach which would violate the basic concept of district zoningl and
WBBRBAS, the quality of life and property values at Bermuda High West and
throughout the entire area are threatened by this proposal which would initiate
a process of change from residential to transient commercial use and adversely
effect the health, welfare and safety of the citizens in the areal
NOW, TBBRBPORB, based on these premises and other consIderations it is
RESOLVED, that Bermuda High West Condominium Association, Inc., on behalf of
its members, supports the present residential zoning of the area south of the
public beach and strongly opposesohe proposed Flohr hotel rezoning proposal
and any other device to initiate expansion of existing nonconforming uses in the
area south of the public beach; and
RESOLVED FURTHER, that the officers of the Association are hereby authorized
and empowered to take such action on behalf of the Association as they deem
appropriate to prevent such rezoning.
2150 South Ocean Boulevard, Delray Beach, Florida 33444 Phone 305/272.Q307
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Co~ta :bel c:.Rc.y Condomi.ni.u.m c::lh~n. !Jnc.
277' .soull: <D....,. !B(,,;' RECEIVED
':D.t'l4Y !B_1:. 9(.,.f.k 33444
30'-272-6336
To: City Of Delray Beach Florida JAN 1 9 1989
Planning and Zoning Board PLANNI
RE: Fil e #1-225
We . the owners in tae Costa Del Rey COndominium A...nation, strotlgly
oppose the proposed change in the zoneing ot the above property in
File #1 - 225. a.
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MINUTES OF
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF
COSTA DEL REY CONDOMINIUM ASSOCIATION, INC.
At a Special Meeting of the Board of Directors of Costa Del Rey
Condominium Association, Inc., held on January 18, 1989, the following
Resolution was unanimously adopted:
"RESOLUTION ,
BE IT RESOLVED by the Board of Directors of Costa Del Rey Condo-
minium Association, Inc., representing 40 unit owners within said
development located at 2175 S. Ocean Blvd., Delray Beach, Florida,
that formal objection is hereby interposed to granting of rezoning
request more particularly set forth in attached Notice, on the basis
that if said rezoning is granted, it shall constitute spot zoning and'
shall invade existing rights of abutting res~dential property owners,
and further disturb their right to reasonab1~ peace and enjoyment of
their property.
DATED this 18th day of January, ~989.
s/Jack Erkert
Secretary"
I hereby certify that the above and foregoing constitutes a true
and correct copy of Minutes of Special Meeting held by Board of Directors
of Costa Del Rey Condominium Associat 1989.
(Corp. Seal)
RECEIVED ..
JAN 1 9 1989
l~lANNI
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CHAPIN & ARMSTRONG J.~ht .JHV-Fn
ATTO~NE:YS AT LAW MAR 1 0 1989
lcOI NORTI"U;AST EIGHTH STREET
DEL1.....Y BEACH, FLOR1DA 33483 CITY MAf,AGER'5 OFFICi:
-
TEL..EF'HONE (407) 272 -1225
ROBERT O. CHAI2IN TELECOF='IER (407) 272-4442
DAVID G. ARMSTRONG LEGAL ASSISTANTS
March 9, 1989
NAN T. .JASPERT
F"AYE A. WILLIAMS
RAeH EL ALLEN
The Hon. Doak S. Campbell III t
and Delray Beach City Commissioners
City Hall ..
100 Northwest First Avenue
Delray Beach, Florida 33444
, Re: Flohr Rezoning Request - Ordinance 9-89
Dear Mayor and Commissioners:
Unfortunately, I will be out of town on business next
week. Therefore, I would like to take this opportunity to
address Ordinance 9-89 with each of you.
FACTS :
It is my understanding that Mr. and Mrs. Flohr own the
Cote d'Azure Motel consisting of 18 motel. rooms plus beauty
salon located east of AlA at 2325 South Ocean Boulevard as well
as the vacant property on the west side of AlA immediately south
of the Court of Delray Beach Condominium property.
I believe both parcels were annexed into the City last
year.
Both parcels of property are currently zoned RM-15.
This zoning classification, RM-15, has been in existence since
the mid or late 1970's. The Cote d'Azure Motel is a business or
commercial use and as such is a legal non-conforming use.
It is also my understanding that the policy guide of
City's Comprehensive Land Use Plan states:
"SAD zoning shall not be used if any
conventional zoning can be applied."
The Cote d'Azure Motel is a business surrounded by
private single family residences to the south in Highland Beach
and multi-family residences, apartments, in Delray Beach to the
north and west of the Flohr parcels.
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Page 2
PROPOSED SAD ORDINANCE B-89:
The Flohrs, in requesting a 100 room hotel complex on
their two parcels of land consisting of 1.6 acres, seek to expand
the commercial use on ~ parcels of their property, east and
west of AlA. "
Unsubstantiated rumor has it that in light of the
adverse 6-1 Planning and Zoning Board vote on January 23, 1989,
the Flohrs now propose to construct 24 hotel or motel rooms on
their vacant lot west of AlA.
ISSUES:
Should the City permit any expansion of a non-
conforming business use in an area completely developed as and
zoned for residential use?
Should the city deviate from i~s Comprehensive Land Use
policy guide by approving an SAD ordinance when conventional
zoning is and has been in existence for over a decade?
DISCUSSION:
What is at stake in consideration of proposed Ordinance
9-89 is the preservation of the residential character of South
Ocean Boulevard. To permit expansion of a business use by way of
an SAD ordinance in this residential neighborhood would grant the
Flohrs a special privilege not enjoyed by any surrounding
property owner to the detriment of Flohr's neighbors' existing
way of life.
More importantly, any expansion of a business use in
this residential area could necessitate the City granting
similar requests from other property owners who wish to change
their zoning from residential to commercial.
The Flohrs have every right to maintain and upgrade
their existing 18 unit motel complex, as well as develop their
vacant parcel west of Ala into the number of residential units
permitted in the RM-15 zoning district. However, granting the
Flohrs a special privilege for their own economic gain or benefit
will inure to the detriment of the surrounding property owners
and will set a dangerous precedent for changing South Ocean
Boulevard from a residential area into a commercial area.
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Page 3
In summary, the issue here is "quality of life,"
protecting and preserving the residential character of South
Ocean Boulevard.
I respectfully request that each of you read the
Planning Director's comprehensive report dated January 23, 1989
and the Minutes of the Planning and Zoning Board January 23, 1989,
meeting, and then vote "NO" on Ordinance 9-89 on First Reading on
March 14, 1989.
To take no action on Ordinance 9-89 by referring it
back to the Planning and Zoning Board sends a confusing message
to the members of that Board and the Planning Director. I
believe a majority of the city Commissioners oppose the
commercial issue permitted by the proposed SAD ordinance. I urge
the majority to make your position clear by voting "NO" on the
First Reading of Ordinance 9-89. Such a vote will be consistent
with recent Commission statement of policy (rejection of the
proposed "R-T" ordinance for South Ocean Boulevard on Octoberc18,
1988) and the policy guide of the City's Comprehensive Land Use
Plan.
Finally, I urge the Commission to vote "No" on
, Ordinance 9-89 to avoid incredible confusion, waste of time by
staff, the Planning and Zoning Board as well as the applicants.
Processing and re-processing zoning ordinances which will not
succeed in the long run are and will be time consuming and
expensive both for the applicants and the City.
Respectfully 'submitted,
~~
RDC/ljc
cc: Walter O. Barry, Delray Beach
city Manager
David Kovacs, Delray Beach city
Planning Director
Elizabeth H. Matthews, Secretary
Beach Property Owners Association
William W. Lyon, President
Bermuda High West Condominium
Association, Inc. ,
Carl E. Glock, Bermuda High
West Condominium Association, Inc.
,
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ORDINANCE NO.21-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 52, "WATER", "l'I.I!;',l'J:.I<S", BY ENACTING A
NEW SECTION 52.20, "ACCESS TO WATER MJ!i.l:U<S"; TO
PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO
INTERFERE, DENY OR RESTRICT ACCESS TO THE CITY'S
AGENTS OR EMPLOYEES FOR THE PURPOSE OF MAKING
PERIODIC METER READINGS OR REPAIRS; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMM:tSSIOH OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: '
Section l. That Title V, "Public Works", Chapter 52, "WATER",
"toJK'.l'U<S", of the Code of Ordinances. of the City of Delray Beach,
Florida, be and the same is hereby amended by enacting a new Section
52.20, "ACCESS TO WATER METERS", to read as follows:
Section 52.20 ACCESS TO WATER METERS
It shall be unlawful for any person to interfere with or
to deny or restrict access to City water meters by the City'S
agents or employees, for the purposes of making necessary
periodic readings or repairs on said meters. Such
interference may include, but shall not be limited to, use of
locked gates or fences, use of animals, physical barriers, and
I overgrown vegetation.
~, 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 a part thereof'other than the part declared to he invalid.
Section 4. That this ordinance shall become effective ten
(lO) days after its 'passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1989.
MAYOR
I
A'l"rEST:
'j .
City Clerk
First Reading
Second Reading
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[ITY DF DELAAY BEA[N .,,~.~~. ()
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CITY ATTORNEY'S OFFICE 3105.0. 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483
407/243.7090 TELECOPIER 407/278-4755
l1EMORANDUM
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Date: February 22, 1989
To: Walter O. Barry, City Manager
From: Susan A. Ruby, Assistant City Attorney
SUbject: ACCESS TO WATER METERS
Enclosed please find the ordinance which amends Title V,
Chapter 52, by adding a new Section 52.20 which makes ~t
unlawful to deny or obstruct access to read or repair water
meters.
..
Our Office requests that this ordinance be placed on the first
available City Commission agenda.
qyz
SAR:rg
Attachment
cc: Robert Barcinski, Assistant City Manager
Community Services Group
Larry Martin, Acting Director, Public Utili ties
Dave HUddleston, Finance Direct
Byron Matteson, Customer Service Supv., Utility Billing
Lula Butler, Community Improvement Director
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[ITV DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 3\ 0 S,L \ st STREET, SUITE 4 DELRA y'BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
,
SUbject: Denial of Access to Water Meter
Dear :
On , a representative of the City of
Delray Beach attempted to make the necessary reading of the water meter
located at your property at the following address:
Access to the water meter was effectively denied based upon the following
conditions:
,
You are hereby notified that the Code of Ordinances of the City of Delray
Beach at Section , prohibits and makes unlawful the effective
denial of access to water meters for purposes of making these necessary
readings. Immediately upon receipt of this letter, you should contact the
Utility Billing Division of the City for purposes of -rescheduling the reading of
your water meter at this location. Your failure to fully comply with the
ordinances requiring access may result in further legal proceedings in
accordance with the City's Code of Ordinances.
As an alternative, the City may permit you to move your water meter to
another location on your property, at your sole expense; or you may increase
your security deposit to be equal to six times the highest billing for the
previous twelve (12) months, paid in advance, with meter readings then being
taken on an appointment basis at approximately a six month interval, with
billings being based upon the usage over that period of time.
If you would like any further details on these alternatives to compliance with
the City's Code of Ordinances, please contact the Utility Billing Division at _
.
Sincerely yours,
UTILITY BILLING DIVISION
CITY OF DEL RAY BEACH, nOR IDA
cc Finance Director
City Attorney
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RECEIVED
MAR 2 1989
G:itv nf lint JaIm Jleac4 CITY MANAGtR'S OFFICL
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OPP'lO& Of' '"".
MAYO" .. .
February 27, 1989
The Honorable Doak S. Campbell
City of Delray Beach
100 N. W. First avenue
Delray Beach, FL
Dear Mayor Campbell: ~
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As you are aware, the Science Museum' of Palm Beach Coun.y i.
experiencing some serious short term financial difficulties.
Several unanticipated situations have risen resulting in a One
Hundred Fifty Thousand ($150,000) Dollar debt which must be
addressed immediately by the Museum Board and its new Executive
Director, Bob Johnson.
,
You may or may not be aware, however, that the Science
Museum, which has existed for the past twenty-six (26) years,
plays host to over one hundred sixty thousand (160,000) children
every year from every one of Palm Beach County's schools. In
, addition, it is a continuing resource available to all the
citizens of Palm Beach County.
At present, eighteen percent of the budget is received from
governmental agencies. Most of the funding comes through private
sector donations.
On an average, the City of West Palm Beach contributes Ten
Thousand ($10,000) Dollars per year to the Museum and provide. the
land, security, and exterior upkeep for the fac:ili ty. This year,
the City has so far donated Eiqht Thousand Two Hundred ($8,200)
Dollars to the Science Museum and is loaning an additional Twenty
Seven Thousand Eight Hundred ($27,800) Dollars to the MuseWl to
help it reduce its debt.
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I!'ebruary 27, 1989
Page 10
W. know the difficulties that all cities in Palm Beach County
have these day. with bUdgeting for their everyday needs, must less
providing money for non-city agency organization.. I
We feel, however, this is an opportunity that present. itself
not just to the City of West Palm Beach but to every municipality
in Palm Beach County to rally behind an in.titution that i. t~ly
a County-wide institution and that is providing and will CO%tinue
to provide a unique resource to our children, our.elve and
visitors to Palm Beach County.
We hope that you will find some way to extend financial aid
to the Science Museum, and we are extremely grateful for anything
that you can do.
-~
Bob Johnson, the Executive Director of the MuseWll, will tie
contacting you shortly in order to make arranqement. for [.
presentation to your Council. .~
Once aqain. our sincere thanks for any assistance you can
~ render.
Very truly yours,
(/]f'~d,rI:-
Pate irc wab
Mayor
R@:LS~
Commissioner
PPS/ms
co: City Manager
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MEMORANDUM
TO: Walter B~~itY~nager
.:(,:a." . - _
FROM: Frank R. Spence, Development Services Director
SUBJECT: LEGAL ASSISTANCE FOR THE CRA
DATE: March 10, 1989
BACKGROUND:
In response to an offer by the City Commission to provide legal
assistance to the CRA made at a recent joint workshop meeting with the
CRA, they are now officially requesting that the City Commission
provide the CRA with legal assistance from the City Attorney's office.
The reasons for this request are: (1) to provide budgetary relief for
the CRA so as not to incur the expense of private legal counsel and (2)
many of the matters before the CRA involve City Codes and State laws
and therefore they feel that such legal advice would be more relevant
coming from the City Attorney's office.
This matter has been discussed with the City Attorney's office which
feels that they can provide such assistance as long as it is on an as
needed basis and does not unduly interfere with their normal
responsibilities to the City Commission and staff.
RECOMMENDATION:
It is recommended that the City Attorney's office provide legal
assistance to the CRA on an as needed basis for a trial period of six
months ending October l, 1989. The City Attorney should be free to
apprise the City Commission and City Manager at any time this
commitment becomes an undue burden on the staff duties and
responsibilities of his office.
FRS:nr
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MEMORANDUM
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TO: Walter O. Barry, Cit~anager
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FROM: Frank Spence, Development Services Director
SUBJECT: PAYMENT TO CRA FOR MASTER PARKING PLAN STUDY
,
of
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DATE: March 10, 1989 .. r
ACTION REQUESTED OF THE COMMISSION:
The Community Redevelopment Agency (CRA) and the Downtown Development
Authority (DDA) are requesting that the City Commission authorize the
expenditure of $25,000 from the "in-lieu of" parking fee fund to pay
for a master parking plan to be undertaken by Wilbur Smith and
Associates, and that these funds be transferred to the CRA for payment
of said study.
BACKGROUND:
The CRA, DDA and the City's administration has recommended that it is
essential for a master parking plan study to be undertaken in the
central business district. The purpose of the study would be to
determine need and identify future sites for "land banking" to be
utilized as parking lots in the future. The firm of Wilbur Smith and
Associates had been hired previously by the CRA to do a study in the
six block area east of N.E. 5th Avenue to the Intr~coastal ,as part of
the justification required to construct a parking garage associated
with the attraction of Jacobson's department store. This study would
not duplicate those areas but would expand upon them. It is proposed
that the CRA contract with Wilbur Smith since they are still under
contract to the CRA and this would merely be an extension of that
contract.
It has also been determined that it is essential that such a study be
undertaken during the "season" so as to clearly identify "peak" period
needs. The previous study was done in the off season.
The Wilbur Smith proposal is attached in the packet as well as an
opinion from the City Attorney that the City Commission may expend the
"in lieu of" funds currently in the City's treasury for this parking
related purpose and that the City Commission may determine which agency
can undertake the study.
RECOMMENDED ACTION:
Inasmuch as this matter was discussed at the City Commission workshot
meeting of March 7th, and it was the consensus of the members presen
that we proceed with the study. it is recommended that the City
Commission approve the transfer of $25,000 to the CRA for the purpose
of contracting with Wilbur Smith and Associates to undertake a master
parking plan study in accordance with the attached contract.
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MEMORANDUM
TO: Mayor and Commission
FROM: City Manager
SUBJECT: MASTER PARKING PLAN STUDY "
DATE: March 2, 1989
The CRA and the Downtown Development Authority have solicited a
proposal from Wilbur Smith and Associates to cbnduct a long range
parking master plan for the City's central business district. The plan
is detailed in the attached proposal concentrat~ng in the areas bounded
by Swinton Boulevard on the west, the Ocean on the east and the one-way
pairs.
As the attached cover memo indicates it is imperative tbf.1: for a
parking study to be valid, it be conducted during the -sea.on- and
therefore this item has some considerable priori1:y. While t~ere has
been some discussion about the merits of parking facilities loea1:ed in
various areas of the downtown, there is a general agreement that in
order for a successfully implemented downtown parking facility(s) to
exist a detailed analysis and documentation of present and future
demands will be necessary. This demand will be developed by study of a
combination of existing land uses and likely land availability as well
as traffic patterns.
Funding for this $25,000 study is proposed to come from the Downtown
Development Authority. The DDA has been generally seen most recently
as the CBD's "planning agency" while the Community Redevelopment Agency
(CRA) has been generally agreed to be the "implementer of those plans".
This funding scheme is consistent with that role division.
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100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/278.284
t1EMORANDUM
"
Date: Fo::bruary 24, 1989
1'0: Frank Spence, Director of Development Services
From: Herbert W.A. Thiele, City Attorney
SUbject: CBD "In Lieu Of" Parkinq Funds
The only restriction placed on the use of the collected "in
lieu of" parking funds is that they' be used for parking :pur-
poses as the Commission shall deem appropriate. Therefore ~
since the Wilbur Smith Master Parking Study involves par~g~
the Commission may deem it to be an' appropriate use of. the
funds. (See copy of Section l73.533(b)(1) attached hereto).
Pursuant to Code of Ordinance Section 173.533(b)(1), the City
Commission could allocate the funds to either the CRA or the
nnA for the purpose of facilitating the study. However, in
order for those entities to fund such an activity, the study
would have to be Umi ten either to the DDA or the CRA area,
depending on which entity is used as the facilitator~ and they
::ould not do a Master Parking Study for the entire City.
In conclusion, the use of the in lieu of parking funds for any
purpose must be formally approved by the Commission, and if so
approved, the expenditure would be appropriate.
Should you have any que~tions concerning this matter, please do
not hesitate to contact our office.
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cc: Walter O. Barr.y, City Manager
David M. HUddleston, Finance Director
Torn Lynch, Community Redevelopment Authority Chairperson
Roy Simon, Downtown Development Authority
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CITY OF DELRAY BEACH
Community Downtown
Redevelopment Development
Agency Authority
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To: Board of the CRA
Board of the DDA
City Manager and Staff
From: Bill Finley, Executive Director, CRA/DDA
The attached proposal from Wilbur Smith Associates is to
prepare A MASTER PARKING PLAN 1b~ the CBD. This firm did
the brief study endorsing the demand for the garage near
Atlantic Plaza. This work could be ~ continuation of
that effort. t
,
It is critical that they start in February or March to ( .
capture survey material from during the season. Any ~
dela~ . caused by another RFP could result in losing the
seasonal data so essential to the quality of the test
results. These data will be the very foundation of the
long-range plan for parking.
They propose a 10 week study and planning period for
$25,000. They will use the projections of Laventhol and
Horwath and Mel Levine to set the floor space demands
and project the parking requirements from that data.
However, they will rely on City Leadership to identify
alternative revenue and financing methods for future
acquisitions and improvements.
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. WILBUR
SMITH
ASSOCIATES
ENGINEERS. ARCHITECTS. PLANNERS
'ill 10WI.Ii' PO Box 92' COUlMBlfI "'.: ;'''')(';'' 1J~;r, -(80.)1738.0580' C^8LE WILSMlTli' FAX (803)251.2064' TELEX 5734:19. WllSMlI1
February 6, 1989
f
Nr. William E. Finley "
Executive Director
Community Redevelopment Agency
64 S.E. Pifth Avenue
Oelray Beach, Florida 33444
Oear Hr. PinleYI
In response to your recent request, Wilbur Smith Associates is
pleased to submit this professional services proposal relative to
the conduct of certain studies and analyses, ,.and the forlllUlation
of a parking development plan and prDgram for the Delray~ Beach
central business district. The work proposed herein WOUlel~tencJ
and ex panel on similar studies conducted in a slllal1 part qf the
area during the summer of 1988.. ;
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Studv Purpose and Scope
The principal goal of the studies proposed herein is to develop a
long-range master parking plan for the Delray Beach central busi-
ness district. Such a plan would document and consider existing
relationships between parking space supply and demand, anel woulel
forecast future parking needs that will accompany CBD growth and
development. We understand that two other studies are underway
that will contain information that will be used in forecasting CBD
growth potential. These include a Retail Assessment Study of the
Delray Beach CBD, and an assessment of the economic benefits of
adding a major department store in the area. We further under-
stand that the City is giving consideration to amending zoning
ordinances to remove or modify current requirements that the
private sector include ancilliary off-street parking in CBD
developments.
.
To address these basic issues and goals, we propose to undertake
the series of work tasks outlined below. Thes~ studies would be
concentrated in the area bounded by Swinton Boulevard on the vest,
N.E. Pirst Street on the north, S.E. First Street on the south,
and the ocean on the east. This area contains 1II0St of the land
uses traditionally considered as included i~ the Oelray Beach
Central Business Oistrict. \!
ALBANY. NY'AlLIANCE. OH.CAlflO. EGI'PT'CKo\I1lESTON. SC.COLUMIlIA. SC.COlUMBUS. OH.FAllS CIUlCH. VA-HONG KQNG'HOlJS!ON.lX'KNOXVUE.1N
KUAlA LUMPIAl. MAlAvsv. . LEXINGTON. K'f.lONOON. ENGlAND. MIAMI. Fl . NEW Ko\VEN. CT. ORIANOO. Fl. PHOENX. Ai. PIITslulGH. PA. PORISMOUIH. Nl
PIlOV1DENCE. AI. RAlEIGH. NC. A1CHMOND. VA. ROSELLE.l' SAN FRANCISCO. CA. SINGAI'ORl:. TORONTO. CANADA'WASWGTON. OC'WClOOeilI)GE, NJ
EMPlO\'EE-owNED cotN'Nlf
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Task I - Field Studies and Investigations
Task II - Parking Demands and Needs Analysis
Task III - Formulation of a Parking Development Plan and
Program
Task IV - Study Documentation and Reports
These studies would utilize, update and expand on parking work c~n-
ducted in a small portion of the proposed study area last summer.
Task I - Field Studies and Investiqations
Initial efforts will be placed on gaining an in-geptb knowledge of
existing parking conditions. Tbis will include compiling and
reviewing all existing available information about the parking
system and its usage characteristics. An initial project meeting
would be requested . It should include d.tailed discussions of
study procedures and administrative arrangements to ensure thor-
ough and timely completion of the work~ t
The basic objectives of Work Task I are to collect and a,prais.
resource information related to tbe' e.xisting parking sys .. and
its usage characteristics and to review and qUantify ezisting land
use and. plans or proposals for future develop~ent activity. Tbere
I follows a brief discussion of the types of researcb to be under-
taken.
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Parkinq Svstem Inventorv - A detailed field inventory would be
conducted to determine the extent of tbe present parking system
within the study area and any appropriate fringe 'area. Tbis would
yield information related to tbe location, number of spaces,
method of operation, type of usage (public or restricted use) ,
time limits, hours of operation, and rate scbedules for all curb
and off-street facilities. Findings would be depicted in graphic
and tabular form.
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Parkinq System Usaqe Levels - Parking accumulation counts
would be made at all study area spaces at hourly intervals
throughout a normal business day. Resulting find ing s would be
summarized by block and type parking, and depicted in grapbic and
tabular form. It is intended to use the peak observed accumula-
tion as a parking demand control total for subsequent work related
to determining parking demands for individual study area blocks.
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Parking space turnover studies would be conducted at represen-
tati ve curb and off-street facilities to estimate total parking
activity on a typical business day. Tbese findings will be useful
in preparing estimates of parking usage and revenue potentials of
needed new facilities. Traditional metbods of data collection
will be employed to supplement existing available information.
These include periodic license plate cbecks, and observations of
in/out activity.
Parker Characteristics - A series of interviews will be con-
ducted to establisb a data base to describe travel and par~.ing
characteristics unique to the study area. Subject areas include
vehicle occupancy, trip origin, destination and purpose, parking
duration, walking distance between. parking location and destina-
tion, and parking fee paid, if any
Three types of interviews are proposed. A post-card interview
form will be prepared and placed on parked vebicles tbrougbout tbe
study area. Recent studies bave shown this to be a cost-effect~ve
means of acquiring a great deal of useful information. Survey
forms will be coded to identify parking lqcat1on. Information
will be solicited regarding trip origin, destination and purpose,
parking duration and fee paid. Walking distances can lie cal-
culated and related to durations, purposes and parking cbar~..
I Personal interviews will be conducted1fitb a, sample of parler. at
representative curb and pUblic off-street facilities. Information
collected from this study will be used to verify tbe post-card
results, and to correlate parking characteristics with facility
type.
Personal interviews will also be scheduled at several -generators.
in tbe study area. Tbey will provide information on travel mode,
auto occupancy, trip purpose' and' duration and' parking location.
Attitudinal questions about travel/parking ~tters could 'also be
included, if desired. This study pbase will provide important
input data to tbe parking demand model. Selected generators
should include typical retail establishments and office employment
centers. ,.
Land Use Inventorv - Existing land use would be quantified by
study area block. The amounts of occupied floor space (square
feet) would be determined by retail and office uses. Other types
of use (botel, dwelling units, etc.) would also be listed as
"special uses"... Tbese data are important input items to tbe
parking demand model described in a subsequent section.
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Task II - Parkinq Demands and Needs Analvsis
The field data collected during Work Task I would be thoroughly
analyzed to establish relationships between land use type. and
intensity, and parking space demands. The relationships are
important input to the parking demand model that will be used
during this study phase. The model proposed for use was developed
during the Pittsburgh CBD Parking Study conducted for the
Pittsburgh Parking Authority by Wilbur Smith Associates in 1984.
The model has been used successfully in several sUbsequent studies
of both large and small central business districts. "
The model accepts as input, measures of land use activity by block
and major use categories (Office, retail and other), modal split,
and car occupancy by long-term and short-term parking categories.
Land use data (building area) are translated into employee popu-
lation on a typical day through analysis of building occupancy and
average employee absenteeism. Other input data itema include
adjusted parking space supply by block and long-term!short-term
categor ies, and parking demand factors (spaces per square feet)
for major land use classifications and '.long -term! shor t-term
categories. '. t
Successive of the computer model are made ,
runs (following ".ces-
sary adjustments in variables) until t~, total study area 'emend
closely approximates the observed peak hour accumulation at
facilities that supply parking to the study ana. The model is
then considered calibrated , and suitable for use in forecasting
parking demands that will accompany future development.
The model produces tabular comparisons of adjusted supply and
demand by short and long-term components for each block of the
study area.
Once the magnitude of existing parking supply and demand is listed
by study area block, they will be compared to yield parking space
needs (surpluses or defiCiencies) for each bJ.ock. Needs will then
be posted to a study area map, and a balancing process undertaken.
This involves offsetting deficiencies in some blocks against sur-
pluses that exist in other blocks that are within a reasonable
walking distance. Walking distance criteria will be extracted
from the data collected in Work Task I, and adjusted, as necessary
to reflect desirable quality of service. Space deficiencies that
remain after the balancing process reflect the magnitude and de-
sirable location of system expansion needs.
The parking demand model will be updated by inserting land use
measures that will result from planned new development, or from
in-fill of under-utilized buildings. Then, the model will be
solved for this forecasted short-range growth projection. rore-
casted parking needs will be determined and the balancing process
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repeated. Resulting findings will express the location and mag-
nitude of unmet demand.
It is most desirable to exercise the model for future conditions
at two separate levels of development. The initial run should
include only those land use changes that are committed for devel-
opment. Conclusions from this analysis will be used in formu-
lating plans for new or expanded parking facilities that are
considered to be an immediate need. Then a subsequent analysis
would be made, with other potential development pr~jects in-
cluded. The results would be valid for system planning,. land w6uld
become the basis for a long-range Master Parking Plan.
Following completion of Work Tasks' I and II, a . technical report
will be prepared and submitted. for review. This report is en-
visioned as including the initial chapters of the study report __
Introduction, Park ing Inventory, Existing Parking Characteristics,
and Parking Space Demands and Needs. A meeting would be scheduled
to discuss the completed work following City review of the sub-
mission. This meeting should include a fUll discussion of study
findings. It would also be used as a sounding board for reactions
to a preliminary parking development plan and program. l
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Task III - Formulation of Parkina DeveloPment Plan and proalA.
Estimates of existing and forecasted short and long-range demands
and needs developed during Work Task II will provide the basis for
formulating and evaluating a parking plan to meet the identified
needs. Candidate parking development sites will be selected and
evaluated, considering site capacity potential, proximity to
deficient areas, land use compatibility, vehicular and pedestrian
access opportunities, likely per space development costs, and
other relevant considerations. This preliminary assessment of
candidate sites will identify those components judged to be
superior.
Then, recommendations will be formulated as to the content of a
parking master plan. This will include site definition, type of
facility (lot, garage) and capacity.
Functional plans will be prepared for each recommended new or ex-
panded parking facility. These plans will depict the number and
arrangement of parking levels and stalls, inter floor circulation
features, pedestrian and vehicle ingress/egress locations, loca-
tion of elevators and stairways, and parking entry/exit control
features. They will be developed in sufficient detail to serve as
a basis for estimating order-of-magnitude costs of construction
and operation.
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During the functional planning process, appropriate consideration
will be given to operational methods. Candidate strateg 18s in-
clude cashier control, automated pay stations, valet parking,
parking meter control, and slot box control.
Should the master plan include several facilities, a priority of
development will be suggested. This w~ll be based on the nature
and extent of present needs, site availability, timing of future
developments and financial considerations. ,
Once the various elements of parking development plan "
a are
identified and a r ranged in priority order, the cost of
implementing the plan will be estimated. Cost estimates will
include I land acquisition, construction, architectural and
engineering fees, and parking revenue collection equipment. We
will rely on City staff for input as to land.'., value estimates for
this work phase. Costs will be expressed in 1989 values,
regardless of the time frame for implementing tbe various plan
components.
We will also explore the need for instituting a parking' develop-
ment fund in Delray Beach. It could. serve .~s " reposit~y for
parking revenues that would accrue to the system, shou.d pay
parking be instituted. In this connection, we will eXPlof' the
need for and desirability of instal1tng parking meter. along
street curbs and in off-street lots, and will prepare recom-
mendations for such actions, should they be deemed warranted.
Such recommendations would include a schedule of fees, along with
estimates of the potential gross annual revenues such a system
would earn. We will also estimate the annual cost of operating
the parking system components, and of the total system.
Task IV - Studv Documentation
Following completion of all studies and evaluations, we will pre-
pare and submit five copies of a draft report of study procedures,
findings and conclusions. This draft report will include pre-
liminary copies of all data tabUlations, and blue-line prints of
illustrations.
Following your review and approval of the draft report, we will
prepare and submit 50 copies of a final study report along with
one reproducible master copy. It would fully explain study
findings and conclusions and would be appropriately documented.
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Other Services
We have not included any work tasks related to financial
feasibility for plan elements, as we understand program financing
alternatives are being investigated by the City's staff. parking,-
facility financial feasibility evaluation is a highly specialized 1
area of work, and we have been retained to conduct such work for
numerous projects that rely on user revenue fundings. Should you
decide to employ parking revenue bonds as a financing mechan-ism,
and should you need an independent opinion as to financiai
feasibility, we will welcome an opportunity to be considered for
such additional service.
Proposed Work Schedule and Fee
We can begin work on this study within one week after receipt of
notice of acceptance of our proposal, and your specific authori-
zation to begin the work. We understand the seasonal nature of
CBD activities, and will strive to complete all field data col-
lection activities during February and ,early March, 1989. Given
the amount and nature of work to be undertaken, we believ_ all
work, inCluding preparation and submission of the draft repor..can
be completed in a 10-week period. An.additional week wiJt.l be
required to prepare and submit the final report, following your
authorization to do so.
We propose that compensation for our services be a lump sum fee of
twenty-five thousand ($25,000) dollars. Invoices would be
submitted monthly, based on an estimate of the amount of wOl:k
completed during the billing period. The final invoice would be
forwarded following submission of the final report.
We sincerely appreciate the opportunity to submit this proposal,
and trust it is fUlly responsive to your needs. We will be
pleased to answer any questions you may have regarding the
proposal. We look forward to again being of service to Delray
Beach.
RespectfUlly SUbmitted,
WILBUR SMITH ASSOCIATES
jf1f1ltJlI f Jt()-...J
6';~ald P. Ingdld
Vice President
DPI:gbm
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100 N.W_ 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243.7000
MEMORANDUM
,.
TO: Walter O. Barry, City Manager
FROM: John W. Elliott, J~ity Manager/
Management Service
DATE: March 9, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 14, 1989 - PURCHASE OF P.C. COMPUTER
VIA STATE CONTRACT - FIRE DEPARTMENT
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Item Before City Commission:
City Commission is requested to approve the purchasing of four (4) I.B.M.,
P.S/2 computers for the Fire Department in the amount of $14,276 from
account #333-2311-522-60.57, from Caber Systems Inc., via State Contract
No. 250-040-89-1.
Software and minor peripheral equipment will be purchased administratively
via quotation, per attachment, at a COBt of $4,432. Total expenditure for
this entire package is $$18,708.
Background:
At the January 24, 1989 City Commission Meeting approval was granted to
appropriate up to $20,000 for the purchasing of IBM computers and software
for the Fire Department from account #333-2311-522-60.57 (1987 Utility Tax
Construction - Fire Administration/Support-Capital Outlay-Computer Equip-
ment). Backup information attached.
Recommendation:
Staff recommends the following contract awards:
Four (4) IBM PS2 $14,276.00 to Caber Systems, Inc.
via State Contract
No. 250-040-89-1
Peripherals & Software $ 3,277.00 to Caber Systems, Inc.
Lotus 123 3.5" Disks $ 315.00 to Te1emart
Controller Cards $ 840.00 to Sylvia Products
The total amount for this purchase of hardware and software is $18,708.
JWE:sk
attachment
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THE EFFORT ALWAYS MATTERS
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FIRE DEPARTMENT - "'--" .... -'"
M E M 0 RAN DUM KERRY B. KOEN
Firs Chis'
TO: WALTER O. BARRY, CITY MANAGER ,;
THRU: JOHN ELLIOTT, ASST. CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: MARCH 8, 1989
SUBJECT: PURCHASE OF COMPUTERS
As per our discussion following the staff meeting this
morning it is understanding that .
my the puchase of computer
equipment and software will be put on the agenda for March ;1:4,
1989. The following contract awards should be made at that ti~e:
(4) IBM PS/2 $14,276.00 to Caber Systems Inc. -
via State contract
No. 250-040-89-1
Peripherals & Software $ 3,277.00 to Caber Systems Inc.
Lotus 123 3.5" Disks $ 315.00 to Telemart
Controller Cards $ 840.00 to Sylvia Products
The total amount for this purchase of hardware and software is
$18,708.00.
At their meeting of January 24, 1989 the City Commission approved
an appropriation of up to $20,000 for this purchase to come from
account #333-2311-522-60-57.
V~ ~.\rvJ
Kerry B. Koen
Fire Chief
KBK/ ew
cc: Ted Glas
Dick Zuccaro
Yvonne Kincaide
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE . DELRAY.BEACH, FLORIDA 33444 . 407/243-7400
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M E M 0 RAN DUM
TO: John W. Elliott, Jr. , Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
"
DATE: March 6, 1989
SUBJECT: Purchase of PC Computers Via State Contract,
for Fire Dept.
On January 24, 1989, City Commission approved appropriating
up to $20.000. for ~he purchase of IBM computer~ and soft-
ware for the Fire Department in account #333-2311-522-60.57.
Following staff analysis and review, it is recommended that ~
the purchase of four (4 ) IBM PS/2 computers be awarded to i
Caber Systems, Inc. , via Florida State Contract Number 250- ,
040-89-1 for the total amount $14,276. The necessary soft-
ware and minor peripheral equipment can be purchased admin-
istratively via quotations, per attachment, at a total cost
of $4,432.
Total expenditure for this Fire Department computer equip-
ment is $18,708.
Per the Budget Office, funding for this purchase is avail-
able trom account ~333-2311-522-60.57 (1987 Utility Tax
Cons t I'UC tion - Fire Administration/Support - Capital Outlay
- Computer Equipment).
,
~J ~
Ted Glas
Purchasing Director
Attachments:
Memo & Spreadsheet from Data Processing
State Contract Documentation
pc Chief Koen
Yvonne Kincaide
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[ITY DF DELRRY HEREN , +~:Q~i'
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!OONl/V ~~lAVENUE DELAAY BEACH, FLORIDA 33444 4071243.7000
MEMORANDUM
TO: Ted Glas. Purchasing Director ,.
THRU: Richard Zuccaro, Director ot
Dsta Processing /~
FROM: William Fleming, Of ce Automation
Analyst II "J/>""-)
DATE: March 2nd. 1989 l
SUBJECT: Fire Department request for IBM PS/2
Per your request I am returning the requisition for personal computera j
and peripherals for the Fire Department. Also, attached is Bob' .
,
Barcinski's letter to Walter Barry requesting a~thorization and funding.
approval, which has been approved by the City Commission on Jsnuary 24.
1989. The attached spreadsheet lists all equipment and the recommended
vendor s.
/WCF
cc: File
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DESCRIPTION QUANITY IBM CABER
IBM PS/2 8560-041 $2 896.00
IBM COtOR MONITOR 8513 ~563.00
IBM DOS 4.0 $110.00
ON-SITE MAINTENANCE FREE
--------- ---------
TOTAL SYSTEM 4 * $3,569.00
IBM DISPLAYWRITE 4 VER. 2 4 $346.00 $248.00
IBM FILING ASSISTANT 1 $150.00 $132.00
IBM REPORTING ASSISTANT 1 $150.00 $132.,00
IBM MOUSE 8770 3 $75.00
* STATE CONTRACT PRICING
MISC. VENDORS
TELEMART
LOTUS 123 3.5" DISKS 1 $315.00 *
SYLVIA PRODUCTS
MAYNSTREAM CONTROLLER CARDS 4 $210..00 . *
FOR IBM PS/2 MODEL 50
ESCOM CABER
COMPUTER BATTERY BACK-UPS 4 $589.00 $449.00
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CERTTFTCATrnN OF CONTRACt
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TI'i'LE: Micrccomputers CONTRACT NO.: ZSIJ-1)40-89_1
!lID NO.: 4/;2-250-040_a EFFECTIVE: November 1. 1988
through ,October .31. 1969
,
CONTRACTca (SI : SEE ATTACHED LIST ~tfProSl''''F'S: 25!l-04n_8'l_1
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A. AUTHORr~ - Upon affirmat~ve action taken by the State Of
Plo~ida Department of General Services on October 25. !988. Ci
contract has been executed between the State of Florida and the
desi~nated contractors.
B. EPFF.r~ ~This contract was entered into to prOVide economies in
the purChase of Microcomputers by all State of Florida agenCies
and inStibl~ions. The:-etore. in compliance With Section 287.042.
Florida Statutes, all purChases ot these CommOdities shall be
made under the terms. prices. a~d conditions of t~is contract
and With the suppliers SPecified.
C. ORDERINr. rNSTRIICTION~ - All purChase orders shall be iSsued in
accordance with the attached or~ering instrUctions. PurChaser
shall order Rt the prices indicated. exclusive of all federal,
state and local ~3xes.
All Contract purChase orders shall show the DiviSion ot
PurChaSing contract nUmber. prOduct nWnber. qUantity,
description ot item. with unit prices eXtended and purChase order
totaled. (This requirement may be waived when purChase is made by
a blanket purChase order.) Upen issuance. one copy ot each
purChase order shall be tOt'Warded to this Office. as prOvided in
~he Div'sion of PurChaSing Rule 13A-!.uoe. Florida Administrative
Code.
01 \'/5/011:$
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PRICE 5!nT
T1IllLf: "I
mil KI~ KD!!.S
VDIOOR tW'.t NO
NET
MDEL NtH3ER DESCRIPl'ICN DELIVERm PRICE:
IBH PERS:lW. SYSnW2 - PRe. ~;S&llS
"
8530/002 PERS:lW, SYSnW2 H:DEI, 30 (640KB)
W8/1Hz 8086 CPO, Enhanced Xeyboatd,
I\eylock, Cock/Calendar-, ~ 3.5 Inch
120m Diskette Drives, Display Adap- I!tl OORPOilATICN
ter, /oleuse Adapter, Serial/Parallel
Adapter. $ 1,086.00 . (142
8530/021 PERSC:mL SYSnW2 M:DE:i:. 30 (640KB)
W8MHz 8086 CPO, Enhanced Xeyboatd,
Keylock, Cock/Calendar, 3.5 Inch
120m Diskette Drives, 20;M9 Fixed Disk, :~ COllPOilAnCN
Display Adapter, /oleuse AdApter, Serial/
Parallel Adapter. $1,465.00~ (10
i
8530-POl PERS::NAL SYSnW2 prlRT.T~ SXS'mI ~
(Includes 4216-P2l Printer, 8530-021 ,
Model 30 CCJIItUter, 8513 color dis- C1IB!:R SYS'!'EMi
play, 8770 /oleuse), DOS 3.3, and Re-
quired PPS Softwllre $5,072.00 (l44
.
8550/021 I'ER.9::tW. SYSnW2 !mEL 50 (00)
WlOM!lz 80286 CPO, Enhanced Keyboard,
I\eylock, Cock/Calendar, 3.5 Inch
l.44HS Diskette, 20HS Fixed Disk,
Display Adapter, /oleuse Adapter, Seriall C1I!lER SYSms
Parallel Adapter. $ 2,154.00 ( l45
-* 8560/04l PERSC:mL SYSnW2 fmEL 60 (lHB)
W10M!lz 80286 0'0, Enhanced Keyboatd,
l\ey1ock, Cock/Calendar, 3.5 Inch
l.44HS Diskette, 44119 Fixed Disk, CAllER SYS'ln1S
Displl!!j' Adapter, /oleuse Adapter, Seriall
Parallel Adapter. $ 2896.00 ( l4E
IDE!\'1'In' PJU1<u..'t D\'I'E:RF AQ; T!.I?ES:
PA. 'W.L::L "
SERIAL
Oz"..;!\'IN:;~: DE~EMBEA 3, 1987, AT 2:00 P.M. 250
SID NUMSE:R: 462-250-040-B lela
REVISED HOV 2 2 1988
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CONTRACT NO.; 2S0-0<O-E~-: ,.
EfFEC~IVE: November 1. 1988
OR~ERING INSTRUCTIONS
NOTE: ALL ORDERS SHO~LD BE DIRECTED TO:
FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIDI: 59-2194409
VENDOR: e"h~r !;vR't~m~. l'n~. CA)
STREET ADDRESS OR'P.O. BOX: 10471 Nnrt:h K@nd..ll Ilr~v@ ,
CITY. STATE. ZIP: M1..mi. Florid.. 33176
TELEPHONE: (305) 274-6312
TOLL FREE NO.: 1-800-634-0682
DELIVERY: DELIVERY WILL BE MADE WITHIN -In- DAYS AFTER RECE:PT OF
PURCHAsE ORDER.
TERMS: N@'t: ll: 30 ' DAYS
~
PRODUCT ;
INFORMA~ION: DIRECT INQUIRY TO: , ;.
.
NAME AND TITLE: Heidi Be't:t:endo~f. Bid Coo~d1n..'t:or
ADDRESS: 10471 Nn~'t:h Kend..ll Ilrive
CITY. STATE. ZIP: Mi..mi. Florid.. 13t76
l TELEPHONE: (305) 274-6312
TOLL FREE NO.: 1-800-63<-0682
,
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[IT' DF DELRA' BEA[H
100 N.W. 1 st A VENUE
JU. ,ult
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MEMORANDUM .,( (<(
TO: Walter o. Barry, City Manager
FROM: John W. Elliott, Jr., Assistant City Manager/
DATE: Management Services ~
March 8, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 14, 1989 ~
RENTAL REHABILITATION PROGRAM - BID #89-38 ,
.
!
l. Item Before City Commission:
The City Commission is requested to award a rehabilitation program contract
to the low bidder, FEC, in the amount of $41,431. Funding to come from
account #118-1975-554-60.23, (Community Development Rental Rehabilitation
Program - Housing Rehabilitation).
Background:
Invitations to bid were received from three (3) contractors for an award
for rental rehabilitation of certain properties. The program provides for
the rehabilitation of investor owned substandard units, located within the
CDBG Target area. The low bidder was FEC in the amount of $41,431.
Inspection of the work will be done by the City's Community Improvement
Department and the Community Development Division. Contracts will be
executed between the building contractor and the property owner. The City
remains the agent and the Community Development office will monitor all
work performed by the contractor and will ensure compliance according to
specifications and program guidelines. Pay request will require both
contractor's and owner's signatures. Funds will be disbursed on a dollar
for dollar basis, matching the owners share with the Rental Rehabilitation
Funds. The owners and properties have met the eligibility requirements as
specified in the Rental Rehabilitation Program description.
Recommendation:
Staff recommendation to award a contract is as follows:
Property: Contractor: Amount:
101-103 105-107 FEC
109-111 S.W. 14th Avenue FEC Total: $41.431.
Funding for this work is available from account #118-1975-554-60.23 (Commu-
nity Development - Rental Rehab. Program - Housing Rehabilitation).
Expenditures are offset from both the Federal Grant and the Escrow deposit
from the investor/owner.
JWE:sk
attachment
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THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: John W. Elliott, Jr. , Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
"
DATE: February 23, 1989
SUBJECT: Bids on Rental Rehabilitation Program,
Bid 1189-38
The Community Development Division handles and processes
their own formal bids on their rental rehabilitation
program, sUbject to Purchasing Department review,
Purchasing's review of Bid 1189-38 finds it to be in
compliance with City purchasing procedures.
!
Staff recommendation to award a contract is as follows: ,
prooertv Conti-actor Amount
101-103 105-107
109-111 SW 14th Ave FEC $41,431.
Per the Budget Office, funding for this work is available
from account 11118-1975-554-60.23 (Community Development -
Rental Rehab. Pr'ogram -Housing Rehabilitation).
Expenditures are offset from both the federal grant and the
escrow deposit from the i nves to r / owne r.
~ ~
Ted Glas
Purchasing Director
Attachments
Memorandum from Community Development
Bid Information Sheets
pc Yvonne Kincaide
Lula Butler
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DEP ARTt\,,~NT AL [ITY DF
CORRESPONDENCE
DELAAY BEA[H
Walter O. Barry, City Manager 7~(i
TO
4JP Coordinator
FROM Dorothy Ellington, Community Development
THRU: Lula Butler, Director Community Improvement
Rental Rehabilitation Program / Contract Award 2/l7/89 ,;
SUBJECT DATE
In accordance with the City of Delray Beach Conununity Development
Division's approved Statement of Policies and Procedures,. we are hereby
requesting City Commission approval of one Rental Rehabilitation
Deferred Loan. The program provides for the rehabilitation of investor
owned substandard units, located within the CDBG Ta~getArea. Contract I
awards are based on actual cost of the rehabilitation to an eligible
structure. OWners are eligible for a dollar for dollar match of Rental
Rehabilitation Funds for total cost, not to exceed $8,000 per unit.
t
Conununity Development staff provided the detailed work write-ups, cost
estimates for work specifications, and bid process on all eligJd:lle
structures. Investors are required to escrow their share of the cost
with the City prior to the issuance of the Notice to Proceed.
Inspection of work will be done by the City's Conununity Improvement
Department and the Conunun~ty Development Division. Contracts will be
,executed between the building contractor and the property owner. The
City remains the agent and this office will monitor all work performed
by the contractor and will ensure compliance according to specification
and program guidelines. Pay request will require both contractor's and
owner's signatures. Funds will be disbursed on a dollar for dollar
basis matching the owners share with the Rental Rehabilitation Funds. I
The owners and properties have met the eligibility requirements as
specified in the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for review
at the Conununity Development Office.
,
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
RENTAL REHABILITATION PROGRAM
BID INFORMATION SHEET
BID ':89-38
APPLICANT: JOE AND CAROLYN GHOLSTON
APPLICATION .: 89-005RR ,-
ADDRESS OF PROPERTY: 10l-l03,105-l07, 109-111 SW 14TH AVE.
DATE BIDS LETTERS: 1/23/89
DATE BIDS OPENED: 02/09/89
NAME OF CONTRACTORS AMOUNT OF BID
FIRST CONSTRUCTION OF THE PALM BEACH, INC. 65,750.00
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC. ;
HENRY L. HAYWOOD - .
,
NORENE CONSTRUCTION COMPANY,INC. .
B & JR CONSTRUCTION 48,634.00
HOWARD RIENECKER
ROWE & CAMPBELL
FEC 47,291. 00**
DARRY L. COOK
PRESTON CONSTRUCTION
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IN-HOUSE ESTlMATE:$ 43,235.00
CONTRACTOR AWARDED CONTRACT: FEC
CONTRACT AMOUNT:$ 47,29l.00
COMMENTS:** LOW BIDDER
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RENTAL REHABILITATION LOAN IS REQUESTED FOR THE FOLLOWING:
CASE# PROPERTY RR DEFERRED OWNER'S TOTAL
ADDRESS LOAN MATCH CONTRACT AWARD
89-005RR 101-l03, 105-107 20,715.50 20,715.50 4l, 43l. 00
l09-1ll SW 14th Ave.
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Certification of Contract Amount
, ,
Property Owner: Joe and Carolyn Gholston
Property Address: 89-005RR
It is hereby agreed that all work described in Specifications
dated 1/17/89 and Addendum dated N/A
will be performed for the sum of Forty One Thouaand Four Hundred and
Thirtv-One 00/100---------____________ dollars $ i
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MEMORANDUM
TO: Walter 0, Barry, City Manager
FROM: ~obert A, Barcinski, Asst. City Manager/Community Services
DATE: March 8, 1989
SUBJECT: Documentation - City Commission Meeting - March ~, 1989 , ,.
Approval for Payment of Invoice to Broward Testing Labratory
Action
City Commission is requested to approve payment of the invoice in the
amount of $15,435,00 to Broward Testing Laboratory, with funding to come
from account #441-5111-536-33.11.
Background
The previous Utilities Director authorized testing for all inorganic
priority pollutants, organic priority pollutants as well as eight metals
in order to satisfy the requirements of the Wellfie1d ProtecUon
Ordinance Section 5,02(g), .. ,
..
These analyses require the use of very sophisticated equipment (gas
chromatograph/mass spectrophotometer) and have been in process since
December. This explains the magnitude of the invoice.
Recommendation
Staff recommends approval for payment to Broward Testing Laboratory for
well analyses in the amount of $15,435.00, with tbe funding to come from
account #441-5111-536-33,11,
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AGENDA REOUEST
Date: March 6, 1989 ,
Request t'or: - Workshop Date
- Regular Date
XX Consent Date March l4, 1989
" ,.
- Special Date
Description ot' item: Submittal of invoice for laboratory
analyses required to satisfy Wellfield Protection Ordinance
parameters.
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(Attaoh detail description it' necessary)
Reoommendation: Approval of paYment
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Approximate Cost not to Exceed $15,435.00 ,
Funds Available in: 441-5111-536-33.11
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Signature ot' requesting Department H c..-/
Finance Director:
Preparation ot' Ordinance ,
-
Resolution -
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December 2, 1988 .
Hr. Gary Heyer -
Broward Testing Laboratory, Inc. .
PO Box 23541
Ft. Lauderdale. FL 33307
" ,<
re: Inorganic Analyses - Individual Production Wells
Dear Gary:
It is essential that each sample from the production wells obtained
for the DER semi-annual sampling and reporting be also tested for
inorganic substances in agreement with the reporting needs we have
with the Palm Beach County Wel1field Protection Program. These
inorganic samples were to be obtained along with the supplemental
tests conducted by Broward Testing in September. For whatever
reason, these tests did not accompany .the voe series which was
performed and submitted. i
Should there arise any questions of the nature of the parameters:
or the specific lab methodology involved, I sugsest you contact
I
Hr. Tom Cozzie at (407) 820-4011 or his designee.
Thank you for your anticipated assistance to resolve this matter
within the next couple of weeks.
Sincerel yours,
Robert S. Pontek
Director of Public Utilities
4 RSP:bp
I
ec: Hr. Tom Cozzie, Environmental Resources Hanssement
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THE EI "'HI ALWAYS M,.lT1H:;
Rr.~r.RRr,n Tn TH Sr.CTTOK ~ 021r.\ n, TRTS
nRnTN1Nel
Hercur~ ~
CadmiUII
~romiUm Arsellic
Hickel Selelli\\!
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11'" N.W. ht AVENUE . DELJM Y BEACH. J. LDRIDA 33444 . 407/243.7000
December 6, 1988
Ms. Hoble '0 ,.
Broward Testing Laborartory, Inc.
PO Box 23541
Ft. Lauderdale, FL 33307
re: Additional Individual Well Sampling
Dear Ms. Hoble:
Attached is the most recent listing from the Environmental
Resources Management staff which requires each well be
sampled and analyzed for these parameters. This is part
of the additional testing program we have discussed and -
this is an essential or priority project for us at this
time.
Kindly assure the samples are obtained if the existing
recently collected samples of Novemebr 30th'are'not
able to be used for part of these analyses. I trust
the VOC/SOC series plus the Secondary Inorganic tests
on the individual wells will supplement the additional
samples. I understand that our semi-annual series did
include compositing of samples. However, each test is
required to be from an individual sample. Therefore,
compositing as is allowed by the DER is not possible.
We also wish to be able to submit this new data to
the ERM staff within the next 30 days. I trust
this will be able to fit into your holiday plans
and current scheduling for the lab.
As always, thank you for the excellent service.
yours, ~ "./
..' II' .
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RSP:bp
"
ee: Ms. Bonnie Finneran, ERM West Plam Beach
I", 1'1 1"1'111 ^I.\>I~"~ MAl "'II!;
I~Fr.RIr.n ?n TW ~r.~?T~H ~ 02tn) nr ~RTS QIniv. "
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[ITY DF DELRAY BEA[H
100 N.W. lot AVENUE DELRAY BEACH, FLORIDA 33444 305/243- 7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: John W. Elliott, Jr. Assistant City Manager/
Management service~
DATE: March 10, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 14, 1989 - E.A.P. CONTRACT RENEWAL
Item Before City Commission:
The City Commission is requested to approve the renewal of its Employment
Assistant Program (EAP) contract with Human Affairs International. The
contract premium will be increased from $1.98 per employee per month to
$2.25 per employee, per month.
Background:
The current E.A.P. contract will expire March 18, 1989, however, staff has
requested that the contract coverage be changed to October 1,1989 - Septem-
ber 30, 1990, in order to be current with the City's fiscal year. The
slight rate increase from $1. 98 to $2.25 per employee is less than the
current market price for similar programs. Backup attached.
The Impact of this rate change is as follows:
1988-89 1989/90
Current Contract Proposed Renewal Contract
($1.98) ($2.25)
548.5 emp x $1.98 = $1,086.03 548.5 emp. x $2.25 = $1,234.13
(per month) (per month)
$1,086.03 x 12 months = $13,032.36 1,234.13 x 12 months = $14,809.50
(per year) (per year)
Recommendation:
Staff recommends approval with the stipulation that the renewed contract
period be changed to cover October 1, 1989 through September 30, 1990, in
concert with our fiscal year and to allow the City the ability to
appropriate the required funds. Funding to come from account 1/555-1575-
591-34.89 (Health Insurance Fund - Employee Assistance Program).
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THE EFFORT ALWAYS MATTERS
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- 'DEPARTM~TAL
i EIT' OF
CORRESPONDENCE I
I DELRAY:BEAEH
John W. Elliott, Jr., Asst. City Mgr./Mgmt. Servi~es ~(i'
>M Lee R. Graham, Risk Hanag~t Director
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UP c-tract ____val 02/09/89
JECT DATE
I have reviewed the Human Affairs International rate request letter as
furnished by Karty Buben, Personnel/La~ Relations Director. It is my
opinion that the rate increase is not Unreasonable. At the inception
date of the Employee Assistance Program (lAP), no one envisioned that
there would be such attendance at the therapy sessions or that the
problems would be so severe. The City started the program when the
substance abuse problem became so prominent in our City. We have seen
many employees and dependents derive great benefit from the counselling,
which also benefits the City.
To again review the method used for charging the City for services, the
City does not pay on the basis of the number of utilizing participants,
but instead pays on the basis of the total number of employees on the
payroll. The City does not pay for retirees or employees' dependents,
although utilization of the lAP's open to all of them.
We have completed a listing of the charges for the past twelve months
and find that we have had an average of 548.5 persons for which the City
pays at the $1.98 rate. The average monthly charge is therefore
$1,080.03 and the yearly amount is $13,032.36. Allowing for potential
rate increase and additional employees, I budgeted $16,000 for a 12
month period. This falls under the Health Insurance Fund (555-) on page
401 of the budget. The line item is 591-34.89 and the approved
projection is $16,000. Therefore, since the key number of employees is
548.5 instead of 624, the increase would still be within the budgeted
allowance [548.5 x $2.25 (monthly prem.) x 12 mos. - $14,809.50).
At the new proposed rate of $2.25 per employee per month, this .would
still allow for an additional 44 new employees (548.5 current + 44 -
592. ) and still remain within budget guidelines.
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cc: Marty Buben, Personnel/Labor Relations Director
Yvonne Kincaide, Budget Director
..David K..' Hu4cll..ton. Finance Director
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February 2. 1989
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Marty Bubel'
Personnel/Labor Relations 0irector
City of Oelray
100 N.W. 1st Avenue
Delray Beach, FL. 33444
O.....r Marty,
Greetings. Hope all is well. Re....iewing our contract with
the City of Oelray we find that we a~e ~pp~naching OU~
cont ract renewal date (March 18, 1Q89). 0." such, we will be
forwarding a contract to your office for review in the ne"r
future. The contro"lct specifications wi 11 be simil"r to our'
current agreement.
We are proposing a rate increase from $1.98 per employee, per
month to $2.25 per employee. per month. The proposed
increllse is based on the outstanding utilization rate (14%)
achieved during the 1988 calendar year. As you may reea 1 1 , a
total of 80 employees and dependent~ utilized the EAP during
the past year. This price structure still lea....es th.. City of
Oelray well below the current HAl market price for simil",r
programs ($2.85).
I wi 11 be calling in the near future to discuss the proposed
modifications as well as to discuss EAP promotional
strategies for the coming year. Thank you for your continued
support of the EAP. We look forward to renewing our working
relationship with the City of Delray.
Yours
{L
, Kory Krucher, Ph.D. .
HAl - Boca Raton
KJ K/caJ
. HUMAN AFFAIRS INTERNATIONAL. INC.
902 CLINT MOORE ROAD, SUITE 248/ CONGRESS CORPORATE PlAZA lWO
IlOCA RATON. flORIDA 33431/ TELEPHONE (305) 08. 3838
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