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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 . _. Agenda Meeting of 3/14/89 -2- 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 . ,ft 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. , , 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 I --. 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. - 2 - _II ~-- 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. ,..~. [ITY DF DELRAY BEA[H "It. ~;~~~. . >;'~tF <~ ,,' 'q\'::, / "ff),:~. ,,4: :t~,~ " ,,' CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 407/243.7090 TELECOPIER 407/2784755 MEMORANDUM , , 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. r HT:ci Attachment .. _"_U..'__n .~ >( .'fo ~ .. J~" .;r. :-;':' ,.,. ."t: . . .' -: "<lill .';!]rB~;tF,'~' ',"~i~:_:f: < 1.~> ',," , , ' -...>. . I 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 I . MEMORANDUM TO: Walter O. Barry, City Manager FROM: i1J!t; Robert A. Barcinski, Asst. City Manager/Community Services DATE: March 10, 1989 " SUBJECT: Documentation - City Commission Meeting - March 14, 1989 Street Auction - Old School Square , , t, 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. t RAB/sfd ..-....-. _.~ -' j ,; ". . .' ,;';.," , t., ; '$ I ,. ';.' Jit ,"'. "-. ~'~,/~f:f/ ,./> ...... .......... .< ' . . ,.i18 ~:ry~Jt;; .:t .:'...::t-,.t. .,':;r,~ol)':' ~:f"'~fl"iP*' -';i' ..'~~;,,:<.' > ~: ,.,'~: .~\,>::~~~}1t?:: 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. , I I 4. N.W. 3rd Street east of Congress (about 1 block). , " 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. " , . / ~ ?i;,~: ':( , ~!,i , :r,",:.;: , . .. , """'1::;, '?~!~1 '~"i)!I::'~'''I'<;" 'L:~';::: ,:~/~':' 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 I 'SEAL i . 43 , , 0, :, I . " 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. , 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. , 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. 5 " - --.--.. , e'l J ' , , 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 " ATTEST; City Clerk First Reading Second Reading " ;, " . . r , '.' - 2 . Ord. No. 9-89 ~, I ..._),' ; ; MEMORANDUM t. to }O: Walter O. Barry, ~anager ~ / ., " .... r ~-z... _ FROM: Frank Spence, Development Services Director . SUBJECT: FLOHR REZONING RM-15 TO S.A.D. DATE: February 9, 1989 " 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. ., FS:cl Encl II> , 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 ,; . . ~ '0 0 . i i i i I 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. 6:,: ~'."" ...:' '.... ~ c€,* '"It, -., ,:q...._.. .,oJ .....?.. :'_ ...-<.:....,.;r. ..::.'t"" ...:......:,-' ,. ~:..=-"7-.1: :~.~ ."...~~' .. ,".-,' -".' ..~ .. ......:,'.. '" - .. J .' -- .r~~F-'/'''., ,j-,~ '.'/.'- , .9;4,.,_. . ,r~:T~~; .,.... ~"'~;,." ~:.....; -._. ~,.\ ...~-~:ft' j;~~i . 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. ::*:: ",,!.... .~~>..:. '::+"::':",.0/:" i..,~:' ~. ....,~.'.... .,....... .,~,~'.., ,.''l....... ._-~~.:::.4':.;,..., "-"-,-,~,,,_,, 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. , . \ " ,,,,~ft(,';,\~,,I ; I ",i_":lj{fll~Tt. 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". .. K . , -:', ,~:;. , ,.-.,'-,....._~.. . - ..-- - - 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. ---~ ----- 1 .~.'l7'.".:.'.$".iu. .>k.E,,".~..,..' -<, )If~:::,;:'>:i:' /::. - - -";":;~~"; ~.:.::.:::_'+:::z!:.:~.~.......~' :':"~." .,t:,..~-:- .'-'.. '___'~' L' '1' - ,~-'-:..:...- " '.', 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. I -.--- --- --- ----- - ",),;' " " :~''', .' .'{:r ~ 1. ...., ~.:..~.-.. ..-. "_. 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. "" ---~_.__.. ---- . ------ ~. ., , , v . - \ " .~, :l': - ':~~~: - _..... ...-1. 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. - - i - , , t o. n.. ,:pI. , i,. .J" , 1~:~_ -- . 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. , . . .{ .t-.,,; ~"':""~~.:.." -:...:. ~ ,~'J'~>,~'>WM!: " ~:..t:"..:.1f:.":!t.~...;...~~' . ......~. ..... ',. ..~ ',.: ....-:' '.... " ~- .. '~"";"'" " .',- .:J, t'~)f _':~-'-)--' .:!:.< -'..,:-, "-:..~- , 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. ," 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. ----. "--- ---~.. 9.-'. ~. '>>" /r' >11"'- -:'., ,.... .:', ;:~;;;.ii." ,JF.,;,-.; -. ".. .'. C'Li' ""',. 'A .,.t," ,..... O' ',,'''''~%f'' "r:::' -:: :.": l;;: ~ <f'/"~'~~.~,~-- ......- ,.,~:":":~P~,,,,,...-.,.,:{ 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. .. ~~-...--._- ~*-_._---- -- . . \ \ '. :,,:. , )~.. . "__.t.. 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. " t ,.... ~; 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 ... ----,-~._- --~-----_. ,x,. '..,.. ",' ;;:- : ..~~:;+/:.".~h< .2.z.:::.:..:....~':.:.;::~ :~.~.,.,...~, ... . ... ",- u ," .., ,....... _.. - w. -. .. #iu . ... ;;,,~~~:!f:*~ .:""I,..j~,~, ........ .. .. .. ...~~ - 7~1.:U_~~.~~~~ 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 ,. 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 , " - ._~-- .'X ~ ~ , i ,".,_. _j '''00 ""on". 'I_ I: I I , I . r: 1/-"_ "~-"".' t 'I: ~h' ',. , l i III 1 f K. I r", ~...J-:4 . -.~ ~ . I .. . 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"". , ;'~"._. -~;~,-... ~ :; ~ :; ~d II -_-~ ! ~ 1 1 ~ .~ ; , : 1 I , I , ; ~ , ~ 1 . . . ! I - " ~E1~ - , . - . I "0 ..... .... , F'IO .. ...... . .. .. -.. "'" ..'':. ... ..,....... I . ::". -'. . . . , . ., . .... ..... .... . ~ .,. . . .. " ." ~. . ,.. '..... R . . "11 , .. ." . . ....... . .~t. .,- .. - ... ..,. ~' '1 .~ CL~.t! :' " '- ,I,,~...I -:;~.] . : MF-6 .. f ~ I " o. , "t . )', .... I 0 ~ j '" ..' . ~ _I,~ '.. I:) t ~D: i \) -, I:.. . ;. ~ "j I i!l.-- ~ ,; .. jO' " .... ..' r' ~ ,", '. Ijo" ... o' j j '-- I : I , 0 ---.. , i 0' / .,' { / I I I I ; ! I { ; I . i I ~ ; ! I , : , I PENTHOUSE DELRAY I @ CONDO ).. OUTRIGGER COHOO CONDO OUTRIGGER aamt CON CQ'JDO DELRAY BCH' <:i[j) CLUB APTS' CONDO. " BERMUDA HIGH BERMUDA HIGH WEST BERMUDA HIGH CONDO f'IoH62 SOUTH CONDO \ <rID -=- " COASTAL A; HOUSE CONDO ubj act par GOV'T LOT I .., , -GWf'i.OTT ~y CONods II &/6,17 . , ' , 0 .' "' , RE . .' RM-15 ...., , ~ " . '" fI) , ' ~ a ~ " ~ " . i - -'-~ :~- , r~' . i :<~.~. l'" 'K ","" --};"i , , , MItI"lf .' , ;',-' "::':;~ /~,;:- ,.' ".- .,":.. "#." 1~.+ __':: .~,.. ~.~. ',_...' ,.". '> . ?_.:o\l.::_.J.__~:- :-:::; ..~~- 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 ,_..._------.---- ......a....--__. :1~' /1. , ~ ,.-, . . .. , f.) ~d :-,~j-;::: . "30Y";~;~, 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 . - I .. j , .II , ; . . ~'" ....~ .~," . ....r, ~ ". 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 ____n___ , - ----.--- :6 ;~ ,9" 'i$.; I , ~.......; .-..-~ ':_._.1.'.'" 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. o V-) ~e""-~ 1= I l~. -. . - . -. -" ".q;"./ ~c. l(? ~ 10 -~ .~i~.~~~ " . 'Ieb' /' ,~o j' /01: -.. ,/C~ . :~ol ,~o( :~b n_, _. __.' _ 'z:, . ,':t:~ . " '7- ~'c ,,' , -:",' ';" . '.;;,' b.c ~, . I" ..~ ',-\,\ " :" '.,~:~. -.....,. .-, c.U.-" . -.---. 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 "------ -----.,.- I - f I , . ~: ;..:"::, .:<,:.. ,;X~.'. ..- 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. ----~--- . __n___u__ --'. .....-- i ,. '~', '" f ~ '. ! l, ",. .... I [ ^ , I'" :.;:~_. . "';~'.... . ".-'" . ~_ ~ .,~/ I ,_, u. 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. .~.n__ u______.. , - 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. , .,..- ._-~---.- ---- ,--.- - u_ .- t.' .' ; ~. " .:..\: 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 I I fe? . . / lllfrf; '~ [ITY DF DELAAY BEA[N .,,~.~~. () ';"'~,"/!!'\;. ';,00$_. '/~:r< .'~~{ ~/~. -'~.:~~~.~; .;..;:;;. cr.:",' ." .. CITY ATTORNEY'S OFFICE 3105.0. 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 407/243.7090 TELECOPIER 407/278-4755 l1EMORANDUM t. I 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 ,( , .- -'-- -----" ~> .';'i :;J'. J.).-"",,;, J." ", ',:;i~. " ,"" .....,,'. }'''I. I; _.to - , .1- ;,... . i.or., . . . ?~:;.-:' __./ ~-. i . . , [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 ------ ..tih.. ,...... " , .~ AC' t ' , . " ,~; '~>\" 7/.1/i' JHf;' ~. RECEIVED MAR 2 1989 G:itv nf lint JaIm Jleac4 CITY MANAGtR'S OFFICL _.1It '.1_ ~...~. ~I..rill. 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: ~ :;: ", I 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. , -..._~-...-- _. , , ',:'i', 't." ;'i:--" .:~~<{'<" '~:~':. "~~';;::/' / h?"'~'":!", . / . "f' .~ "'-'/' [ , "~., ..,", . i~~:}' :.:. . .t!t':1 .. )1.;~;': " '. ;,- ,', . ,... "'\ <'.., ;. "M:~.,,"?>. ... ~ - ,-, ',.' . ,... ..~d~>:e:..;c . ':f): -......:~.- " . \ , 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 j --_.. ---- --". --- t ~~,t: ., ,; ~ : :;..~ . .(;.~ ,';n.'" .:.:~ . '-. 0;,.. " r . , ;; '. .' . ;~ :z: _.._____ __ ~__I:.;;;L. ----.--. 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 1\ " MEMORANDUM r I . TO: Walter O. Barry, Cit~anager ~ ..( . _' t/ FROM: Frank Spence, Development Services Director SUBJECT: PAYMENT TO CRA FOR MASTER PARKING PLAN STUDY , of , 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. rS:cl 10 ; 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. , WOB:cl Encl -. . --.- ~:t: ' 0":>:' ,~ [IT' DF DELAAY BEA[N . ;"f '.; "''''~'l''' . ;'.:.-., .',- . .-.If,Y':',~,,'i ',..j~~~ ,," -'.~'. , 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. ,cr '/HT: sh cc: Walter O. Barr.y, City Manager David M. HUddleston, Finance Director Torn Lynch, Community Redevelopment Authority Chairperson Roy Simon, Downtown Development Authority " ! f .-- .. - f7 CITY OF DELRAY BEACH Community Downtown Redevelopment Development Agency Authority " 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. ~ , wI>. 'It 7 , \ . "----.. _ .~_'~nu..___ "_u ~ . . \ \ " - . 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.. ; " 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 I I i .. ~ . "-- . 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. ~ , 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. .. 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. J 2 " 'u_ "--_.-. ",'. ~ ~: \ 1 -. " . , .~.. . 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. 3 "--- -- _.. . ."t " " , ~., / ',. 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 4 , . -. -.. ... I I; ! ~. .. " ....... - " 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 ;' 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. S I . " -'.--.-. ... -- " I I , . 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. 6 i ----- - ,. . ...~ .' ..,.". ~-: . ,. 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 7 ..... "'.-. ------ n..... _, 1 .. ,~'..t .,0 .....::.._.;. . ;.. /~. .n.; .~...:,....::.:...z:,'!t.~....,;.._~' .... ", ".. '_'" ~ '.. 'I . .......y...:~'"":'~:~ . r ':';' . ... .. ..-. ,:, ( [IT' DF DELRA' BEA[H l~~ '_' / "~,';~,t~ ( ;;, '. '. ~.~. \ "-!':,~:~lf~~: __>:~:,:\, ?~. - ~ :' '~"". 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 ~ . , , 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 \~,.. THE EFFORT ALWAYS MATTERS . t ~--"~'- ; ,tt~ [IT' DF DELRAY BEA[H ,.-" '4,:,::.::: .....:/_:J;.ti~"'; I C4~~L': .. ,,: .-w'" ~,~" , . ',',' :*:';:<: ,,~'";::.-?,~-"'~:" ... - .-- " 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 --,---_. , , I , J '~ I i 6:' . A..' ... ..-......-.1:;............. '.1i-' ~ ..~..,.- 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 .u. 'U__'___'__ , :" "- ~-.' ~'. :.) ~ .... :;~.\>. "i{-.-' i . .. ., . _~K.~ ':', :;:- ~:.: .,".~~:;~~:- · ". ,'"'' .;:.~ - .".-. -_......._~. I . ",," ~ , ~' [ITY DF DELRRY HEREN , +~:Q~i' ,. , !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 If' Eif"(j'''"T AlWAY:; M,:T,[RS .- K ? " .. ,~ "". . /"'- ,-:,_:' ~'d ". ,'#..'_', ::~, "',_.p : . --"....-.- ._- 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 $449.00 ! t . -:.s: ! ,::0":.:, . .~;;,,:, ~"', ~~.:~..,~" . f~~si/;A;.'j, '.. ..~. ..,t;$~.W . 'V.I."".-'~.::JM ~::1::""",......,!!:" . .... " '-:!': _. ".t'.~.L>' ,.-r;'N ,d:.....,'7;~<~;~ ~~\,.*"J!iI.e_ 'HI"~~'~N~: ~- ~ . I ;' ; ~ . ;-.....:2 ',;;, . - .........-.. ,---- . "r", ~. Il~' ....()Hm" aOD "A"fINez Oov. ."0. , .I,,, 'WITH - O~:/'^RT^,~;NT O~- GF.NEllAI. Sf;RVIC:E.<; .,C.'.... .. Ir.." "Olek'" lutrCltWOJl' '.AHSIl," nl'I/./I/,",:. ~,,~ ':"'Nt:s S". ""......0......, J . iJ GC""LO LeWI, ~ " T"I.:.AIIA...'t:t:. t1'(IHII'" 3~..._ .....( en...,..".... ". .1 "LL OU"'CII ,. ~ '''t..,,,. I,...., Tal.."... DOYLC CO"""C.. Co......"...... or A...e",."" .0"'.1.1 .. 'HO~4S ReTry c.... rOllt c." '0- '" C..,.. . Co.............. 'II C."c......, , rUAq.: AUU".~, ..t;ru TU: Room 613 " CERTTFTCATrnN OF CONTRACt .. 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 , j i ;. . 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:$ .'....''''....,.,,,,. .."" "''''''.1:. .""m",: "'''TlIt''Tl'''', ........".,.....". ".,," ITlI~ ""'A""",,,,, ,,,,,.,,,,,,'" ":M..""",. ......... ...... "....'...".". SA',,,,,. CIII.." ......,"'T... . .,,"" L~ ......... nt:UVt:RlNC GO\'Ea"~Mt;.'T"I. St:R\"Ct:s ~ i(J<:.", ~'';/ .... .,. """"" n ~1"'.":_':: '::}'_::'~>~~'-::,.:~: j:'~~. ~/'''' .. ~_~. ~ ", '~~ :~ ,'t;<:~ _:~~'" . '. , 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 .tf'" · ,;_:t~M' )~' " .~ ' .~:. . -. $):.:' " : j7~:.~'-" }..~,: '~?~i;:',. , .,.... ~.,. , . , 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 , 463 t I . ,. . , . '." ,~~ ''''.:'. :r; : ,;, .:;::) ~ ,,~2F',.. ~; )~?:-~/?~: )~ y ~ ~ ..,..c.,::.....f!...~:,'ii.. :eo;/::;.,;.,.,':.'..,., i:": :t: '~"'."" l:.f ,.' ". " ":iC~~{L~t::~~' : .:;;~. . .: . [IT' DF DELRA' BEA[H 100 N.W. 1 st A VENUE JU. ,ult , 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 \ 3& THE EFFORT ALWAYS MATTERS - . , , 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 i " -._--- ----------.---_.- -- .. ~-. ~ ',-" .'-~ , , .-\,:;. , ~,,' ,;,.,,:~ - , - 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. , RRl4 " - - . .. ._._-~ ,., ". ~.. :-/". '.t:~;.~:::::{:: :.:~} . ~ ',:.: . 7.J~'~-"-"'?*"'.J . .'. ...: ;'~:~,:;F:~/:'::i:N~', ~.:.::..:.:::-~ :~',~. .....-'~. '-- ., ...:.~ :'~:.:' ~. ....... ..' _. , .... J!r';' ...:" < ''.;:. .~ .~- . .-. . " \.':~. ',', ._','-' .,__ .hH' "':~~~J~ ;?':.:::; , ,<) ....-...L<..-'>>.".:~:'sr. ; ..'_:0!1:'.:' I . ~~.'27;-:;- --~'- , 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 I IN-HOUSE ESTlMATE:$ 43,235.00 CONTRACTOR AWARDED CONTRACT: FEC CONTRACT AMOUNT:$ 47,29l.00 COMMENTS:** LOW BIDDER RR6 " - ._-------_.~ "..;r.,: '>. "'. :<<. A_ ":'.,::. < ;. __ .u~_~ . 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. " \ , , .. I , RR14 - -~---.--.- -- .'7 .',;- ;~ . '. :~/". ..~. , ~<:,C; < 'f' _'C/. ,11-':".' : ~":. . ~ <,i \ "" 'it:.:. .'r- :, I: 'IP)~i '. '0" '., ~f'... . .:::-:' '; ",:' t:.. ;<l: ,i....;,: - ~- " .,,;;.!i..___. , 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 1.1 L..~1 nn . , . . Renta16 ----~...- ------- . ; .. .. - ,. j o. , f' t ' ,'J '--.. -..o...--.__~_.. ,'_._.._..._. -". , ~.y~/ ., ;~~ 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, RAB/sfd J , .~ , , ! . . " \. 13C, . -."-- 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. .. , , .. (Attaoh detail description it' necessary) Reoommendation: Approval of paYment " . Approximate Cost not to Exceed $15,435.00 , Funds Available in: 441-5111-536-33.11 - - Signature ot' requesting Department H c..-/ Finance Director: Preparation ot' Ordinance , - Resolution - '__n ., .. .'-' .' . I , , . -._,' _~......... ..~....n'.<';,f""-=-".""l"" . . "'.,. "', ',' . .,.".<"'''''''....',..,'0tl!l~~iI.,~ . '.,:{ '~,/:., ':;'~'~ ~ . <', ,>:..~~r}j:,:~~(i;;~:r:-~~,::;-"'r..i/;~". _:t.~....?J~;~;'~:>~_.:~~'~~,~._,~~~'::.~..~ ~~';:::,:, ~'~~: j~~~l,:f<.:"..; ;..~,;,,~,>, 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 .. .. " THE EI "'HI ALWAYS M,.lT1H:; Rr.~r.RRr,n Tn TH Sr.CTTOK ~ 021r.\ n, TRTS nRnTN1Nel Hercur~ ~ CadmiUII ~romiUm Arsellic Hickel Selelli\\! -.;..: I't,._~ . .. .' ~ I ~~.- " ". "', Ai'''' ,. " .- ,>~::;.",.Jt~U11i'Ti'TL".. "w" _.' , ;'DFD~lHnY QEAtH'j. 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' . ; I..~... / '. S. , 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. " . ,. . ---.... .~ './ [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). JWE:sk attachment 1<1 \) ~-'-' THE EFFORT ALWAYS MATTERS , . ! ~ .. .. ~ ., , .. , -- - --- ----.. t --..-- - '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 .......-. 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. ., ~ cc: Marty Buben, Personnel/Labor Relations Director Yvonne Kincaide, Budget Director ..David K..' Hu4cll..ton. Finance Director attachments , I T.Jr- C,..,...,...r-oT ^.......'''. ftA ......__....._ I , .' , '.' f,:. , , , l J ,. I < , " f HU~i AFf, February 2. 1989 " 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 ,