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03-28-89 Regular - CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION March 28, 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. l. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Proclamation: A. Leonard Syrop-Service on Delray Beach Housing Authority - July 14, 1984. through March 8, 1989. B. National Telecommunicators Week - April 1-15, 1989. PUBLIC HEARINGS 5. ORDINANCE NO. 11-89 PARKING TIME: An Ordinance amending Title 7 "Traffic Code",and Chapter 73 "Parking Schedules", "Schedule I, Two Hour Parking Zones" to provide for two hour parking zones in on-street parking areas and four hour parking limits in City owned parking lots. 6. ORDINANCE NO. 12-89 "CHANGE OUT" PERMIT FEES: An Ordinance establishing a $35 fee for repair or replacement of minor components. 7. ORDINANCE NO. 13-89- AMENDMENT TO NOISE ORDINANCE: An Ordinance amending Chapter 99 "Noise Control" of the Code of Ordinances by adding Subsection 99.04 (A) (1) making it unlawful to play or operate any radio, musical instrument, phonograph, or sound producing device which can be heard more than 50 feet away from its source in a public place or 100 feet away from its source within a building structure or property boundary whichever is greater. 8. ORDINANCE NO. 14-89 REZONING REQUEST BUTLER- ARRINGTON PROPERTY: An Ordinance rezoning property located on the east side of S.W. 5th Avenue between W. Atlantic Avenue and S.W. 1st Street from RM-6 to General Commercial (Ge) . 9. ORDINANCE NO. 15-89 CARNIVAL ORDINANCE: An Ordinance prohibiting carnivals or circuses within the City without prior Commission approval. 10. 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. 11. REQUEST FOR WAIVER OF SIGN CODE: Waiver of Section 162.035(G) (3) and 162.035 (F) (3) (a) to permit an existing billboard to be moved. 12. REQUEST FOR WAIVER OF SIGN CODE: Waiver of Section 162.070, "Off Premises Signs; Exceptions" to allow existing roof signs to Agenda Meeting of 3/28/89 -2- remain at Carteret Savings Bank, Doc's Soft Serve, Love's Drugs, Sail Inn and Paradise Club. PROCEDURAL ITEMS 13. Comments and Inquiries on Non-Agenda Items from the Public. 14. Agenda approval. Action: Motion to approve. 15. Approval of minutes of Regular Meetings of February 14, 1989, February 28, 1989 and March 14, 1989 and Special Meetings of March 16, 1989 and March~ 1989. 3 FIRST READINGS 16. ORDINANCE NO. 16-89: An Ordinance adding "School No. 4 Delray Colored" as established in 1895, located on Block 28, Lot 2, N.W. 5th Avenue to the Local Register of Historic Sites. If passed Public Hearing April 11th. 17. ORDINANCE NO. 17-89: An Ordinance adding Greater Mount Olive Missionary Baptist Church located on Block 28, Lot 7, 40 N.W. 4th Avenue to the Local Register of Historic Sites. If passed Public Hearing April 11th. 18. ORDINANCE NO. 18-89: An Ordinance adding St. Paul African Methodist Episcopal Church, located on Block 27, Lot 5, 119 N.W. 5th Avenue to the Local Register of Historic Si tes. If passed Public Hearing April 11th. 19. ORDINANCE NO. 19-89: An Ordinance adding The Free and Accepted Masons of Delray Beach Lodge 275, located on Block 28, Lot 1, 85 N.W. 5th Avenue to the Local Register of Historic Sites. If passed Public Hearing April 11th. 1/-0 tI $, w. "&"..J,/::f. 20. ORDINANCE NO. 20-89: An ordinan~ adding St. Matthew Episcopal Church, located on Block 32, Lot 1, U.H. 5~" ""-AliI!! to the Local Register of Historic Sites. If passed Public Hearing April 11th. REGULAR AGENDA 21. APPOINTMENT TO HUMAN RELATIONS COMMISSION: Commissioner Weatherspoon's appointment for a term March 15, 1989 to March 15, 1991. 22. APPOINTMENT TO HUMAN RELATIONS COMMISSION: Commissioner Brainerd's appointment for term March 15, 1989 to March 15, 1991. 23. FIRE STATION NO. 2: Consideration of architectural renderings and approval to proceed. 24. SETTLEMENT OFFER: Consider settlement offer between the City and Booi Services, Inc. 25. SITE AND DEVELOPMENT PLAN - AUBURN TRACE: Consider approval, subject to conditions, of a site and development plan for Auburn Trace residential development. 26. SITE AND DEVELOPMENT PLAN - DIAMOND JIM'S: Consider approval, subject to conditions, of a site and development plan for Diamond Jim's, a gourmet catering facility, located on South Federal Highway, just north of Mayfair Plaza. 27. CONDITIONAL USE - DELRAY HARBOR CLUB: Consider a major modification to a conditional use to allow boat rentals at Delray Agenda Meeting of 3/28/89 -3- Harbor Club. 28. DISCUSSION - EVALUATION OF CITY MANAGER: Consideration of schedule(s) for performance evaluation of City Manager. CONSENT 29. INITIATION OF ANNEXATION - THE EXTRA CLOSET: Consider initiation of annexation of The Extra Closet, located on the east side of Military Trail, just north of the Post Office pursuant to terms of its water service agreement, with initial zoning of SAD. 30. ATLANTIC AVENUE BEAUTIFICATION PHASE II: Authorize material changes and approve payment in the amount of $2,400 from the 1987 Utility Tax Bond Issue for additional services necessitated by landscape modifications. 31. FINAL PLAT - DBO ACRES: Consider approval of final plat which is to include establishment of gasoline/convenience store on one parcel and a Kentucky Fried Chicken on another parcel. The balance of the overall site is to remain vacant. 32. CHANGE ORDER NO. 2 - HOMEWOOD BOULEVARD LANDSCAPING: Consider approval of change order in the amount of $1,555.20 which involves removal and replacement of plant materials and relocation and addition of trees. 33. CHANGE ORDER NO. 1 - MARINA DELRAY PIER REPLACEMENTS: Consider approval of Change Order No.1 in the amount of $17,800 for the Marina Delray pier replacements project with B. K. Marine Construction, Inc. Funding is available in Account No. 426-4311-575-60.99. Total new project cost is $122,800. 34. BOND WAIVER - HOOVER IRRIGATION: Consider request to waive bond requirements for the Golf Course Irrigation System Improvement Project, holding all payments until the work is completed and accepted. 35. TROPIC PALMS ENTRANCE SIGN IN CITY RIGHT-OF-WAY: Consider request by the Tropic Palms Homeowners Association to place a free-standing entrance sign in the City's median strip on Lindell Boulevard west of Dixie Highway. 36. RESOLUTION NO. 12-89: A Resolution in support of access by independent free public libraries to State Library operating grants. 37. RESOLUTION NO. 13-89: A Resolution assesses costs for abatement action required on 68 parcels of property at various locations throughout the City. 38. RESOLUTION NO. 16-89: A Resolution in support of GFOA efforts to urge the Florida Legislature to provide adequate sources of funding for mandates placed on local governments. 39. AWARD OF BIDS AND CONTRACTS: A. Proposal from Post, Buckley, Schuh and Jernigan, Inc. _ $19,600 for engineering services in preparation of a Preliminary Design Report for modifications to the Master Lift Station located at Veterans Park with funding to come from Account 441-5161-536-16.92. B. Renewal of Service Agreement for Administrative Services Only Contract with American General Group Services Corporation- $308,312 for FY 1988-89 with funding to come from Accounts 555-34.64, 555-34.67, 555-34.68, 555-34.66 and 555-34.69. Agenda Meeting of 3/28/89 -4- C. Purchase of two Konica 3290 copy machines from Danka Industries by the Police Department - $10,500 with funding to come from Account 112-2171-521-60.89. . 40. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager . CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION March 28, 1989 7 P.M. AMENDMENT 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. ITEM 20 TEXT IS AMENDED TO READ: St. Matthew Episcopal Church, located on Block 32, Lot 1 , 404 S.W. 3rd Street... ITEM 28 TEXT IS AMENDED TO READ: Consideration of performance evaluation of City Manaqer. ITEM 33 CAPTION IS AMENDED TO READ: 33. CHANGE ORDER NO. 1 - CITY MARINA PIER REPLACEMENT: MEMORANDUM TO: FROM: CITY MANAGE SUBJECT: OF MARCH DATE: March 24, 1989 PUBLIC HEARINGS . Item No. 5 (Ordinance No. 11-89) This is a Second Readinqpf ~n Ordinance amending Title 7 "Traffic. Code',and Chapter 73 "Parking Schedules', "Schedule I, Two Hour Parking Zones' to provide for two hour parking zones in 'on-street" parking areas and four hour parking limits in City owned parking lots. Thi8 Ordinance i8 consistent with recommendations made at your February 7th workshop meeting. Recommend approval of Ordinance No. 11-89. Item No. 6 (Ordinance No. 12-89) Change Out Permit Fees. This is a Second Reading of an Ordinance amending the Code of Ordinances to provide for "Change-out" permits at a flat rate of $3.5 for improvements above $200 but less than $1,000. Change-out permits will be issued for repair or replacements with an estimated value less than $l,OOO including, but not limited to, water closets, lavatories, tubs, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation pumps and acces80ries. In the past these permits were required and fees set at the same rate as major components. This proposed change will 'bring us in line with surrounding municipalities and will allow home repairs of less than $200 to be done by owners without paperwork or expense. Recommend consideration of Ordinance No. 12-89. Item No. 7 (Ordinance No. 13-89) This is a Second Reading of an Ordinance amending Chapter 99 "Noise Control" of the Code of Ordinances by adding Subsection 99.04 (A)(1). This Ordinance regulates the play or operation of radios, musical instrument8, phonographs, or other machines or entertainment devices for the producing or reproducing of sound. A sound exceeds these limits when heard more than 50 feet away from its source including automobiles, in a public or outdoor area or more than 100 feet away from a source within a ,building or structure or the property boundary whichever is greater. Recommend approval of Ordinance No. 13-89. Item No. 8 (Ordinance No. 14-89) Rezoning Request- Butler/Arrington Property. This is a Second Reading of an Ordinance requesting rezoning for property located on the east side of S.W. 5th Avenue betweenW. Atlantic Avenue and S.W. 1st Street from RM-6 to General Commercial (Ge). The Planning and Zoning Board at it's February 27th meeting recommended approval of the rezoning request. Recommend approval of Ordinance No. 14-89. . AGENDA REPORT Meeting of March 28, 1989 Item No. 9 (Ordinance No. 15-89) Carnival Ordinance. This is a Second Reading of an Ordinance prohibiting carnivals and circuses within the City of Delray Beach without prior approval of the Commission. The Ordinance includes changes suggested at your March 14th meeting. , Recommend approval of Ordinance 15-89. Item No. 10 (Ordinance No. 21-89) This is a Second 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. Item No. 11 Waiver of Sign Code. This is a request to waive applicable sign code sections. The waiver would permit a billboard located near the intersection of I-95 and Linton Boulevard to be moved approximately 65 feet west and closer to 1-95. The owner of the billboard and the property owner have requested this move. The billboard will remain the same size and the same height but the number of poles which support it would be reduced from four to one and additional Shrubbery and landscaping will be placed around the structure. Additionally, the billboard owner and the property owner agree that within 10 years from the date of movement the billboard and it's support pole would be. forever eliminated from the site. Eagle Outdoor Advertising has expressed willingness to make a monetary contribution to the City'S beautification program for use throughout the City. The City now prohibits installation of additional billboards throughout the City. Billboards which existed on the date of enactment were provided a 10 year amortization period and, thus, as of the present date they must now be removed. There is an exception however for those billboards which lie within Federal Highway locations. Were the City to require this particular billboard to be ~emoved, the City would have to pay compensation to the billboard owner and/or property owner for the remaining value of the billboard to be removed. Staff will be meeting with representatives of Eagle OUtdoor on Monday to discuss Eagle's offer to support the City'S Beautification program in conjunction with this request. In anticipation of that meeting, this item carries no recommendation. Recommend consideration of request to waive certain siqn code sections to allow an existinq billboard to be moved. Item No. 12 Waiver of Sign Code. This is a request to waive Section 162.070, .Off Premises Signs; Exceptions" to allow existing roof signs to remain at Carteret Savings Bank 665 East Atlantic Avenue, Doc's Soft Serve 10 N. Swinton Avenue, Love's Drug 96 N.E. 2nd Avenue, Sail Inn 657 N.E. 8th Street and the Paradise Club 909 W. Atlantic Avenue. This waiver action is consistent with the Nostalgic Sign Committee's recommendation and finding.. Recommend appeal of waiver of siqn code to implement recommendation of - 2 - " AGENDA REPORT Meeting of March 28, 1989 the Ad hoc Nostalqic Siqn Committee. FIRST READINGS Item No. 16 (Ordinance No. 16-89) This is the First Reading of an Ordinance adding "School No. 4 Delray Colored", as established' October, 1895, located on Block 28, Lot 2, N.W. 5th Avenue to the Local Reqister of Historic Sites. No. 4 Delray Colored, established in 1895, was the first school opened for black residents. The school was initially conducted in a thatched hut on 5th Avenue part of which is now the west parkinq lot of the qreater Mt. Olive Missionary Baptist Church. Historical marker desiqnation . for~ this site is proposed. The Historic Preservation Board at it's March 16th meeting approved this recommendation. . c Recommend approval of Ordinance No. 16-89. Item No. 17 (Ordinance No. 17-89) An Ordinance adding Greater Mount Olive Missionary Baptist Church located on Block 28, Lot 7, 40 N.W. 4th Avenue to the Local Register of Historic Sites. Mount Olive Missionary Baptist Church was organized in 1896, it is the third oldest church in Palm Beach County and the oldest Church in Delray Beach. The Historic Preservation Board at it's March 16th meeting ratified the recommendation to include Mount Olive Missionary Baptist Church into the Local Register of Historic Sites. Recommend approval of Ordinance No. 17-89. Item No. 18 (Ordinance No. 18-89) An Ordinance adding St. Paul African Methodist Episcopal Church, located on Block 27, Lot 5, 119 N.W. 5th Avenue to the Local Register of Historic Sites. St. Paul A.M.E. was constructed in 1911. The Historic Preservation Board at it's March 16th meeting ratified the recommendation to include St. Paul A.M.E. into the Local Register of Historic Sites. Recommend approval of Ordinance No. 18-89. Item No. 19 (Ordinance No. 19-89) An Ordinance adding The Free and Accepted Masons of Delray Beach Lodge 275, located on Block 28, Lot 1, 85 N.W. 5th Avenue to the Local Reqister of Historic Sites. Organized in 1899 the Free and Accepted Masons Lodge 275 is one of the oldest fraternal organizations in South Florida. The Historic Preservation Board at it's March 16th meeting ratified the recommendation to include The Free and Accepted Masons of Delray Beach Lodge 275 into the Local Register of Historic Sites. Recommend approval of Ordinance No. 19-89. Item No. 20 (Ordinance No. 20-89) An Ordinance adding St. Matthew Episcopal Church, located on Block 32, Lot 1, 85 N.W. 5th Avenue to the Local Register of Historic Sites. Organized in 1911, the year Delray Beach was incorporated, it is one of the first Black churches erected south of Atlantic Avenue. The church was established for - 3 - . -- AGENDA REPORT Meeting of March 28, 1989 communicants from the Bahamas Islands, many of wh~m settled in De1ray Beach. The Historic Preservation Board at it's March 16th meeting ratified the recommendation to include St. Matthew Episcopal Church into the Local Register of Historic Sites. ~ Recommend approval of Ordinance No. 20-89. REGULAR AGENDA Item No. 21 Appointment to the Human Relations Committee- Commissioner Weatherspoon to a term March 15, 1989 to March 15, 1991. Recomme~. approval of appointment of one member to the Human Relations Committee to a term endinq March 15. 1991. Item No. 22 Appointment to the Human Relations Committee- Commissioner Brainerd to a term March 15, 1989 to March 15, 1991. Recommend approval of appointment of one memoer to the Human Relations Committee to a term endinq March 15, 1991. Item No. 23 On March 6th the Fire Station No. 2 Adhoc Committee met with representatives from Currie Schneider and Associates to review the architectural drafts on this project. In conjunction with approval of the design, the Committee's review included recommendations that: 1. a wall or. hedge be provided along the north property line of the fire station and beach parking lot. 2. curb radius' dimension from the fire station to Andrews Avenue should be adequate to prevent a fire engine from swinging over the property line west of Andrews Avenue. 3. landscaping be provided between the public beach parking lot and hotel's parking lot. In addition discussion was held on amount of equipment to be housed at the station; interior spaces and exterior architectural treatment; discussion of front and north setbacks; and the need for special signalization. The cost estimate for construction is $850,000. Funding totalling $500,000 is available in 1987 utility Tax Revenue Bond. The balance will be paid out of proceeds from sale of property at Venetian and Miramar which had been previously purchased by the City for Fire Station puposes. Recommend approval of the desiqn concept for Fire Station 2. Item No. 24 Settlement Agreement between the City and Booi Services, Inc. The City Attorney's office has drafted a proposed settlement agreement to resolve the Booi Services matter. The agreement stipulates that the Marina Delray's ....use as a hotel, restaurant and bar is to cease and is forever barred" and that the property may (only) be used in accordance with permitted and/or conditional uses within the RM-15 zoning classification. This use includes Adult Congregate Living Facilities (ACLP) which the current owner is now seeking to develop. - 4 - .f' AGENDA REPORT Meeting of March 28, 1989 Recommend approval of settlement aqreement between the City and Booi Services. Inc. Item No. 25 Site and Development Plan - Auburn Trace. The Auburn Trace housing development plan has a"long history. The Planning an~ Zoning Board considered the site plan presented by Auburn Trace Joint Venture on March 20th. The P & Z Board approved the site plan subject to a number of conditions which are detailed in your package. Because of the complexity of the project and the amount of correspondence that has been generated from it, I have attached the complete Planning and Zoning staff report for your information. C Recommend a roval of the site and develo ment ~lan for Auburn Trace subiect to the 27 conditions recommended by the Plannin and ~oninq Board. Item No. 26 Site and Development Plan - Diamond Jim's. This item is a request by James Ginesi d.b.a. Diamond Jim's for consideration of site plan approval for a delicatessen and catering facility with a retail display faCility to be located on the east side of Federal Highway between S.E. 8th Avenue and S.E. 9th Court. The .62 acre parcel is presently vacant and is zoned GC. The Planning and Zoning Board considered this item at it's March 20th meeting and recommended approval of the site plan subject to conditions: 1. Additional landscaping in front of the west elevation to be approved by the CAB. 2. Development of a landscape plan suitable to the City Horticulturist. 3. Drawing showing how drainage will be retained on site. 4. Recording a .unity of title" prior to issuance of building permits. 5. Recording a "limited excess ease.ent- in favor of the City for frontage along S.E. 7th Avenue. 6. Construction of a wall along the east side early in the construction process. 7. Aerca Palms along S.E. 7th be preserved. 8. If any Aerca Palms are to be moved, irrigation water must be provided east of the wall. 9. The boundary wall be extended weaterly along the north property line from S.E. 7th Avenue except this condition may be revisited within 90 days in the event an arrangement to connect the wall to the building to the north is unsuccessful. Recommend a roval of site and ~ develo ment lan for Diamond Jim'S sub ected to t e con itions sti ulate above an rant n a wa ver to accommodate a reduct on 0 r ht-o -wa a on S.B. 7t Avenue and a commensurate waiver 0 si ewa requ rements a onq S.B. 7th Avenue. - 5 - -- AGENDA REPORT Meeting of March 28, 1989 Item No. 27 Conditional Use - Delray Harbor Club Boat Rentals. The Delray Harbor Club located on the east side of Federal Highway, south of S.E. 10th Street has requested conditional use approval to allow a boat rental facility at the Delray Harbor Club. Currently the 50 unit. condominium includes a 40 slip marina and a fuel dock. The Club would like to rent six boats ranging is size from 19 feet to 32 feet in length. The Planning & Zoning Board at their meeting of March 20th, recommended approval of the request, subject to conditions: . 1. Boat rental customers should park in designated quest parking areas. , , 2. No more than five (5) boats may be allowed in operation. 3. An occupational license be obtained from the City. 4. A permit be obtained from the Corps of Engineers for a floating dock. Recommend approval of the conditional use re~est made by the Delray Harbor Club subiect to the conditions listed a ove. Item No. 28 Discussion - Evaluation of City Manager. Consideration of a schedule(s) for performance evaluation of City Manager. CONSENT Item No. 29 Initiation of Annexation with SAD zoning - the Extra Closet. This involves property located on Military Trail just north of the Post Office. Staff proposes to call in a 1987 water service agreement. Because of some definitional problems between our Land Use Map and our Zoning Code, an initial zoning of SAD is proposed. The SAD is to be based upon a site and development plan previously approved by the City Commission. While not normally a zoning designation for annexed properties, this unique situation requires that it be recommended. When properties are annexed by the City a zoning designation must be affixed. In thia caae however the Land Use, "mini storage facilities" is not included in the GC zone diatrict and was furthermore prohibited by the Land Use Policy Guide. Notwithstanding thia fact it is appropriate for the annexation be consummated. Recommend initiation of annexation with SAD zoninq for "The Extra Closet" located on the east side of Military Trail south of Lake Ida Road and north of the Post Office. Item No. 30 Atlantic Avenue Beautification Phase II Authorizationl Payment for Additional Services. At your February 14th meeting Commisaion by consensus. agreed to chAnge the type of treea to be planted on part of this project. Sasaki haa requeated additional payment in the amount of $2,200, plus reimbursable. estimated at $200 for work required to accommodate the design changea. Thia includes change of landacape material, layout plans, and planting plana, between 5th and 6th Avenues, irrigation and electrical plana aa well - 6 - . AGENDA REPORT Meeting of March 28, 1989 as coordinating the changes within the design team. These changes will be incorporated into the 75% construction documents. Recommend a roval of authorization and a ment re est in an amount tota lin 2 400 w th und1.n rom the 1987 Utilit Tax Bond Issue. . Item No. 31 Final Plat - DBO Acres. Final plat approval is requested for a Exxon Service Stationl convenience store and Kentucky Fried Chicken restaurant to be located at the southeast corner of Linton Boulevard and S.W. 4th Avenue, between S.W. 4th Avenue and the F.E.C. Railroad. This property was annexed into the City in July 1988 with GC zoning. Both the preliminary plat and site and development plan were approved on this project with certain conditions. Those conditions have been met in the submittal of this final pla~. In addition, approval has been received from the South Florida .Water Management District. The Planning and Zoning Board at it's November 21, 1988 meeting certified the final plat as being consistent with the previously approved preliminary plat. Recommend a roval of the final lat for D.B.O. alon with a waiver to the Code to accommodate a reduction n s dewa k width to meet existinq conditions to the south. Item No. 32 Change Order No. 2 - Homewood Boulevard Landscaping. Change Order in the amount of $l,555.20 with funding to come from Account 333-4141-572-61.15 involves removal of certain plant materials creating possible sight distance obstruction and replacement of same with sod and groundcovers. Also covers relocation of Queen Palms not covered by the contract and the addition of a Royal Poinciana tree. Recommend approval of Chanqe Order No. 2 for Homewood Boulevard Landscapinq. Item No. 33 Change Order No. 1- Marina Delray Pier Replacements. This change order is for additional work which was not included in the original contract awarded in January 1989. An inspection done by Coastal Planning and Engineering in January 1988 concluded that the lI\arginal docks were in good condition and therefore they were not included in the Engineering specification for the replacement project. Subsequent inspections have shown that the marginal docks have deteriorated and need to be replaced. The replacement process includes replacing decking on Marina docks, removal and replacement of six (6) existing dock piles, removal and replacement of five (5) dolphin piles and boxing in pier pilinga with lags and shielda at a estimated cost of $17;800. Since thia ia a joint funded (50% share) with the Florida Inland Navigation Diatrict the City will be reimbursed half thia cost. Recommend a roval of Chan e Order No. 1 to contract with B.K. Marina Construction Inc. n the amount of' 7 800 with u in rom Account 426-4311-575-60.99. Item No. 34 Bond Waiver - Hoover Irrigation. Consider requeat to waive bond requirement a for the Golf Course Irrigation System Improvement Project with payment a to be held until completion of the project. The total contract amount with recently approved change - 7 - . AGENDA REPORT Meeting of March 28, 1989 order a ia $63,616.64. In November 1988, Commission authorized work to proceed, but withheld payment pending receipt of properly executed bonda per City Attorney and staff recommendation. The contract work is 60-70% complete. No payments have been made to date. The qontractor haa informed ataff he' ia unable to obtain the required bonding. Performance to date has been good and the work which haa been completed ia acceptable. Recommend a roval to waive bond re irements for the Golf Course Irr ation Pro ect with Hoover Irri ation Co oration ho din all paymenta unti the work is completed and acce ted. . Item No. 35 Tropic Palma Entrance Sign in City Right-of-Way. 'l"ropic Palma Homeowners Association requests permisSion to pla.ce .a free-standing entrance sign in the City's median strip on Lindell Boulevard west of Dixie Highway. Ordinance No. 85-88 allowed subdivision identification structures to be placed in the City's right-of-way or medians with permission from the controlling governmental entity. City staff visited the site and recommends approval of the sign and location. This location is 65 feet from the west edge of the railroad tracka, which would place it in the median strip halfway between two exiating palm trees. It appears to be a safe location. The Community Appearance Board reviewed and approved the plans and sign. The City Code dpes not require an indemnification agreement from Homeowner Associations, although an indemnification agreement could be asked for should the Commission desire. Recommend a roval the installation of a free-standin si n' in the median stri on Lindell Boulevard at the entrance to Tro c Palms subdivision to be located 65 eet west 0 the rai road trac s. Item No. 3& (Resolution No. 12-89) A Resolution in support of access by independent free public libraries to State Library operating grants. Recommend approval of Resolution No. 12-89. Item No. 37 (Resolution No. 13-89) This item is a Resolution assessing costs for abatement action required to abate nuisances at various locations within the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on these properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 13-99 assessinq costs for abatinq nuisances within the City. Item No. 38 (Resolution No. 16-89) A Resolution in support of GFOA efforts to urge the Florida Legislature to provide adequate sources of funding for mandates placed on local governmenta. Recommend A roval of Resolution No. 16-89 to ur_e the Florida Leqis ature to prov e adequate sources of fundinq for mandates laced on local qovernments. Item No. 39 AWARD OF BIDS AND CONTRACTS: A. Proposal from Post, Buckley, Schuh and Jernigan, Inc. - - 8 - - AGENDA REPORT Meeting of March 28, 1989 $19,600 for engineering services in preparation of a Preliminary Design Report for modifications to the Master Lift Station located at Veterans Park with funding to come from Account 441-5161-536-16.92. B. Renewal of Service Agreement tor Administrative Services Only' Contract with American General Group Services Corporation - $308,312 for FY 1988-89 with funding to come from Accounts 555-34.64, 555-34.67, 555-34.68, 555-34.66 and 555-34.69. C. Purchase of two Konica 3290 copy machines from Danka Industries by the Police Department - $10,500 with funding to come from Account 112-2171-521-60.89. . , , - 9 - .- -- [ITY DF DElRAY BEA[H '-, -1 DELRAY BEACH, FLORIDA 33444 407/243.7000 j 100 N.W. 1st AVENUE ;\ ,/'. " ;iA TfON WHEREAS, LEONARD SYROP has served from July 14, 1984 through March 8, 1989 as Commissioner of the Delray Beach Housing Authority; and, 1 -, WHEREAS, he has given his time and effort to improving the lot of the underprivileged and needy in our community; and, ~ j ~ ?l ._, ';'''1 WHEREAS. he has shown by his example an excellent spirit of :j :< ., ':'. interest and participation in the affairs of local community; .:.~ ;fi.) .~ ;; ~~ NOW, THEREFORE, I DOAK S. CAMPBELL, Mayor of the City of Delray ~ Beach, Florida, do hereby by this proclamation duly recognize and honor LEONARD SYROP for his service as Commissioner of Delray Beach Housing ~ Authority from 1984 - 1989. : ,. - -, -, ., .' '- MAYOR . ",~ ~ DOAK S. CAMPBELL ~~ SEAL " -i , .J 1 .0'; , -, -;1 ., 1 -, ~ ~] 4 'fA ~ I '. [ITY DF DElRAY BEA[H , 100 N.W.1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 'I'M . t. , WHEREAS, dedicated telecommunicators daily serve the citizens of the City of Delray Beach hy answering their telephone calls for pOlice, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, the critical functions performed by profession- al telecommunicators also include those related to forestry and conservation operations, highway safety and maintenance activi- ties, and many other operations performed by federal, state and local government agencies; and, WHEREAS, professional telecommunicators work to improve the emergency response capabilities of these communication systems through their leadership and participation in training programs and other activities provided by the Associated Public-Safety Communications Officers, Inc. : and, , WHEREAS, the Associated Public-Safety Communications Officers, Inc., an organization of over 6,000 people engaged in the design, installation and operation of emergency response communications systems, has set aside the second week inlApril to recognize telecommunicators and their crucial role in the protec- tion of life and property, NOW, THEREFORE, I, DOAK S. CAMPBELL, III, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week ot April 9-l5, 1989 as "NATIONAL TELECOMMUNICATORS WEEK" in the City of Delray Beach, in honor and :tecOgni tion of our City's telecommunicators and the vital contribu ions they make to the safety and well-being of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 28th day of March, 1989. MAYOR DOAR S. CAMPBELL, III SEAL o. 4-13 k,,;iJ {~.~~~~':' -,ft - . --- ORDIN1\NCE NO. 11-89 AN OtmINANCE OF THE CITY COMMISSIGf OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIc CODE", CHAPTER 73, "PARKING SCHEDULES", "SU1.lWULE I, TWO HOUR PARKING ZCIIES", TO PROVIDE FOR POUR-HOUR PARlaNG LIMITS IN CITY-OWNED PARKING LO'l'S; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EPPECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Title 7, "Traffic Code", Chapter 73 "Parking Sched- ules", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending "Schedule I, Two Hour Parking Zones", as follows: CHAPTER 73: PARKING SCHEDULES Schedule I. Two-hour!Four-hour parking zones II. Parking meter zones SCHEDULE I. TWO HOUR/FOUR-HOUR PARKING ZONES. " (A) The fOllOWing named and described areas, streets, or portions of streets and such other areas as may hereafter be included in this section by amendment hereto, lying wi thin the corporate 11mi ts of the City, shall constitute parking zones. (1) The Chief of Police, either in person or by his deSignee, shall mark pff individual parking spaces and enforce a two-hour parking restriction. in the following described parking areas: Passage .Q!! From !2 Ord.No. ~ Atlantic Avenue Swinton Avenue St. Rd. A-1-A l4-8l 4-14-8l East Side of Atlantic Avenue NoE. lst Street 14-81 4-14-81 NoE. 1st Avenue Gleason Street Atlantic Avenue Miramar Drive NoE. 1st: Street S.E. 6th Avenue N.E. 1st Avenue 93-86 12-16-86 N.E. 2nd Avenue 1>.tlantic Avenue N.E. 4th Street 14-8l 4-14-81 N.E. 4th Avenue Atlantic Avenue N.E. lst Street 14-8l 4-14-8l S.E. 1st Avenue Atlantic Avenue First alley to 14-81 4-14-81 the south S.E. 1st Street S.E. 6th Avenue SoE. 3rd Avenue 93-86 l2-16-86 SoE. 2nd Avenue Atlantic Avenue First alley to l4-81 4-l4-81 the south ';-~';:::,:-, :;,: 1 ~~-"'-.. . '.",."" "', '-". 'r .:;;~.~<:'. .: --' Passage On From To Ord.No. Date - - - - S.E. 3rd Avenue Atlantic Avenue S.E. 1st Street l4-S1 4-l4-S1 S.B. 4th Avenue Atlantic Avenue S.E. lst Street 14-S1 4-14-Sl S.E. 5th Avenue Atlantic Avenue First alley to 14-S1 4-l4-Sl , the south Venetian Drive Atlantic Avenue Miramar Drive l4-Sl 4-l4-Sl (2) h ~ ~we-~e~ four-hour parking restriction shall apply in the fOllowing described City-owned parking lots: DESCRIPTION ORD. NO. ~ Lots 5 and 6, block 77, Town of Linton Plat Lot S and the north 21.5 feet of lot 9, all l4-Sl 4-14-8l of lot 16, and the north 26.33 feet of lot l7, block 109, plat book 1, page 3 Lots 14 through 17, block 10l, plat book 1, l4-Sl 4-14-S1 page l03 Lots 24 and 25, block 92, plat book 2, page 2l (B) Time limit. Parking or standing a vehicle in a designated space in the parking areas or zones described in division (A)(l) of this schedule shall be lawful for two hours. Parking or standinq a vehicle in desi ated arkin areas or zones described in Division A (2 of this schedule shall be lawful for four hours. The two-hour or four-hour parking limit, whichever is applicable, shall be in effect every day between the hours of S:OO a.m. and 6:00p.m., except Sundays and holi- days; proVided, that within the meaning of this section, the term holiday shall include New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and the days upon which the Delray Affair is held. ('SO Code, 26.45) (C) The other provisions of this schedule notwithstanding, during tho period of time - from and including June 1 through September 30 of each calendar year, the two-hour Off-street parking zones, two-hour Off-street parking restrictions and four-hour parkinq restrictions in Citv-owned lots shall have no restriction on the duration on parking in those off-street spaces and lots. (D) Violations. It shall be unlawful and a violation of the provisions of this schedule for any person: (1) To cause, allow, permit, or suffer any vehicle registered in his name to be parked in the parking areas for a continuous period in excess of two hours or for a continuous riod in excess of four hours in CitY-owned iots:however, during the period from and inclu ng June 1 through September 30 of each calendar year there shall be no restrictions on the duration of parking in all appropriately designated and marked Off-street parking spaces and CitY-owned lots. .2 ORD. NO. 11-S9 "I .. "7 , .I ,..r' c (2) To cause, allow, permit, or suffer any vehicle registered in the name of that person to be parked across any line or marking of a parking space or in a position that the vehicle shall not be entirely within the space designated by such lines or markings. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word, be declared by a court of competent jUrisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. " That this ordinance shall become effective within 10 days upon its passage on second and final reading. PASSED AND 1\DOPTED in regular session on second and final reading on this day of I 1989. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORn. NO. 11-89 , ORDINANCE NO. 12-89 ~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA:I'IONS" , CHAPTER l50, "BUILDING REGULATIONS" , "BUILDING CODE", SECTION 150.016, "AMENDMENTS AND 1\DDITIONS TO CODE" , SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", PARAGRAPH (c) , BY ENACTING A NEW SUBPARAGRAPH 107.4 (c)XI, "CHANGE-OUT PERMITS"; AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER l55, "ELECTRICITY" , "PERMIT AND INSPECTIONS" , SECTION 155.l8, "PER.'1IT FEES", BY ENACTING A NEW PARAGRAPH 155.18(D); AMENDING TITLE XV, "BUILDING REGULATIONS" , CHAPTER l57, "GAS CODE", SECTION l57.02, "AMENDMENTS ;'I,ND ADDITIONS TO CODE", S'JBSECTION 113.4, "SCHEDULE OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH 113.4(d); AMENDING TITLE XV, "BUIl,DING REGULATIONS", CHAPTER l60, "MECHANICAL CODE", SECTION 160.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION l06.J, "SCHEDULE OF PERMIT FEES", B~ ENACTING A NEW PARAGRAPH l06.3(C); AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 161, "PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 1l3.4, "SCHEDULE OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH l13.4(d) TO PROVIDE FOR CHANGE-QU'I' PERMIT FEES IN THE AFOREMENTIONED CHAPTERS; AND PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING A GENERAL REPEALFoR CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title XV "BUilding Regulations", Chapter 150, "BUilding RegUlations", "BUilding Code", Section 150.16, "Amendments and Additions to Code", Subsection 1.07.4, "Schedule of Permit Fees", Paragraph (c) , of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Subparagraph l07.4(c)XI, to read as follows: XI. Change-out Permits. A Change-out Permit request is a request made by a Sub-trade contractor or qualified owner-bUilder to obtain a permit to either repair or replace minor components. There shall be no fee for a change-out permit for the repair or replacement of minor components which does not exceed $200.00. The fee for a change-out permit for the repair or replacement of minor co~ponents which exceeds $200.00, but does not exceed $1,000.00, shall be thirtY-five dollars ($35.00) ; except no fee shal ed for the repair or replacement of residentia ater heaters Minor components may include, but are not te to, water closets, lavatories, tubs, Ghowers, sinks, water heaters, air conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems, pumps and accessories, and ceiling fans. Section 2. That Ti tle x'V, "BUilding Regulations", Chapter 155, "Electricity", "Permits and Inspections", Section 155.18, "Permit Fees", of the Code of Ordinances of the City of Delray Eeach, Florida, be and the same is hereby amended by enactin~ new Paragraph l55.l8(D), to read as follows: ~ .; Ff'uf?Jtf~ ' , ~~ - ~rt-pnu -- - ~ ~ ~-CJhtV.- Covt , ~ , tdrjth1_ ~. ~., ~~4~~~ frJ(j\~ ' - ~'~? ~ m6y7~ 'Hfu*~ f~ 'b ~ P~ht-"r7----""'_"" . .-. - (D) Change-out Permit Fees, '['he provisions of Chapter 150, Building Code, Section 150.15, Subsection l07.4(c)XI, regarding ! change~out permits, shall also be applicable to this chapter. Section 3. That Title XV, "Building Requlations", Chapter 157, "Gas Code", Section 157.02, "Amendments and Additions to Code", Subsection 113.4, "Schedule of Permit Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Paragraph 1l3,4(d), to read as follows: ( d) Change-out Permit Fees. The provisions of Chapter 150, "Building Code", Section 150.16, Subsection 107.4(c)XI regarding change-out permits, shall also be applicable to this chapter. Section 4. That Title XV, "Building Regulations", Chapter 160, "Mechanical Code", Section 160.02, "Amendments and Additions to Code", Section 106.3, "Schedule of Permit, Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting a new Paragraph 106.3(d), to read as follows: (d) Change-out Permit Fees. The provisions of Chapter 150, "Building Code",Section 150.16, Subsection 107.4(c)XI regarding Change-out permits, shall also be applicable to this chapter. Section 5. Tha t, Title xv, "Building Requlations", Chapter 161, "PlUll1bing Code", Section l6l. 02, "Amendments and Additions to Code", Subsection 1l3.4, "Schedule of Permit Fees", of the Code of Ordinances of the Cit.y of Delray Beach, Florida, be and the same is hereby amended by enacting a new Paragraph 113.4(d), to read as follows: (d) Change-out Permit Fees. The provisions of Chapter 150, "Buildlng Code", Section 15'0;16, Subsection 107.4(c)XI regarding Change-out permits, shall also be applicable to this chapter. Section 6. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8, That this ':>rdinance shall become effective ten (10) days aft.er its passage all second and final reading. " PASSED AND Adopted in regular session on second and final reading on this the day of , 1989. MAYOR ATTEST: City Clerk Fir~t Reading March 7, 1989 Second Reading " 2 ORD. NO. 12-89 'I!f -,.. ',' -- 1 , j , ORDINANCE NO. 13-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 99, "NOISE CONTROL", "GENERAL PROVISIONS", SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED ; EXEMPTIONS", BY REPEALING SUBSECTION 99.04(A)(l), AND ENACTING A NEW SUBSECTION 99.04 (A) ( 1 ) ,; TO PROVIDE THAT IT SHALL BE UNLAWFUL TO PLAY, OPERATE OR PERMIT TO BE PLAYED OR OPERATED ANY RADIO, MUSICAL INSTRUMENT, PHONOGRAPH , OR OTHER MACHINE OR DEVICE FOR THE PRODUCING OR REPRODUCING OF SOUND FOR THE PURPOSE OF ENTERTAIN- MENT IF THE SOUND CAN BE HEARD MORE THAN SO FEET AWAY FROM A NOISE SOURCE EMANATING FROM PUBLIC OR 01.1'.L'!JUUR AREAS AND 100 FEET AWAY FROM A NOISE SOURCE EMANATING PROM WITHIN A BUILDING OR STRUCTURE OR PROPERTY BOUNDARY WHICHEVER IS GREATER OR VIOLATES PROVISIONS FOR NOISE SENSITIVE ZONING OR EXCEEDS VIBRATION AND/OR DECIBEL RESTRICTIONS CONTAINED WITHIN THIS CHAPTER; 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 IX, "General Requlations", Chapter 99, "Noise Control" "General Requlations", Section 99.04, "Loud and Unnecessary Noises Enumerated; Exemptions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended, by repealing Subsection Section 99.04(a)(1) and enacting a. new Subsection 99.04(a)(1) to read as follows: 99.04 LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS (A) Certain acts declared unlawful. The fOllowing acts, and the causing th~eof, among others, are declared to be unlawful and in violation of this Chapter: (1) Noise for entertainment purposes. It shall be unlawful for any person or persons to play, use, operate, or perm! t to be played, used or operated, any radio, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in Subsection (a) or violates the parameters set forth in Subsection (b). (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thorough- fare, or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot, etc. or on any private property, and the sound Can be heard more than fifty (SO) feet from its source or, if the noise source is in a building or '1 ,1 , ] 'other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surround- ing such building or structure whichever is greater. (b) It shall be prima facie evidence of a violation of this section if the sound can be heard outside the 11mi ts described in Subsection (a) , or creates a noise disturbance within noise sensitive zones or if said sound violates any vibration and/or decibel levels set forth in this chapter (except for activities open to the public and for which a permit has been issued by the City according to the criteria set forth in Section 99.30). (c) Where the noise source is located in a building or other structure, the owner, occupant, resident, manager, or other person, in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary. " (d) This section shall not apply to non-cOlllllercial spoken language covered under Division (A) of this section. Section 2. That all 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 effect the validity of the remainder hereof as a whole 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 reqular session on second and final reading on this the day of , 1989. MAYOR ATTEST: City Clerk First Reading Second. Reading ORD. NO. 13-,89 2 ORDINANCE NO, 14-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL),DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECT ION 17, TOWNSHIP 46 SOUTH. RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF S.W. 5TH AVENUE, APPROXI- MATELY 200 FEET SOUTH OF ATLANTIC AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983" ; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the GC (General Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wi t: Parcell - Beginning at a point 200 feet South of the Northwest corner of Block 29 of the Town of Delray (formerly Linton) accord- ing to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for said County, recorded in Plat Book 1, Page 3; thence run South along the West line of said Block 29 a distance of 50 feet; thence run East 135.6 feet to an alley; thence run North 50 feet; thence run West 135,6 to the Point of Beginning; together with, Parcel 2 - Lot 41, Block 29, RESUBDIVISION OF BLOCKS 29 AND 37, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 9, Page 66; together with, Lots 39 and 40, Block 29, RESUBDIVISION OF BLOCKS 29 AND 37, Delray Beach, a Subdivision as recorded in Plat Book 9, Page 66, in the Public Records of Palm Beach County, Florida. The subject property is located on the east side of S. W. 5th Avenue, approximately 200 feet south of Atlantic Avenue. The above described parcels contain a 0.403 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Sentian 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. " 9 8"1'>+.1 nn 4 That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence. or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validfty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5, That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of . 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading , .. , - 2 - Ord. No. l4-89 MEMORANDUM Y I/J; TO: Walter O. Barry, City Manager ~ t:?" .ll'_ FROM: Frank Spence, Development Service Director SUBJECT: ORDINANCE NO. l4-89 - REQUEST FOR REZONING (BUTLER- ARRINGTON PROPERTY) FROM RM-6 TO GC. DATE: March 2, 1989 ACTION REQUESTED OF THE COMMISSION: The applicants are requesting the City Commission rezone from RM-6 (Multiple-family residential) to GC (General. Commercial) individual parcels comprising a total of 0.403 acres. The subject property is located on the east side of S.W. 5th Avenue between Atlantic Avenue and S.W. lTh Street. (A location map is attached). BACKGROUND: The City's zoning records reveal that in 1970 and 1971 the subject site was zoned C-2 (General Commercial District), which is in fact extended just south of S.W. 2st Street. A lack of data and records between 1971 and 1973 makes it unclear as to subsequent zoning changes which occurred within this period, but the records show that prior to September 1973, the West Atlantic area was designated RM-15 (Multiple Family) on the City's zoning map. In September 1973, the Planning and Zoning Board considered a Comprehensive rezoning of the west Atlantic Avenue frontage. The zoning change to C-1 (Limited Commercial) applied to a strip of land approximately 200 to 250 feet on either side of West Atlantic Avenue. This action was followed by a City initiated petition, which was considered by the Planning and Zoning Board in December 1973, to rezone portions of N.W. and S.W. 5th Avenue. Approval of this petition would extend the commercial designation from Atlantic Avenue to 1st Street. The Board recommended to change the zoning designation for the N.W. 5th Avenue area, but recommended against changing the zoning to commercial for the S.W. 5th Avenue site, and the RM-l5 zoning remained. In 1977, with the Comprehensive City Rezonings attendant to the Land Use Plan adopted in Jun 1977, the subject site was rezoned from RM-15 to RM-6. More recently the Planning and Zoning Board heard a request for conditional use and site plan proposal by the Christ Missionary Church for the southern two lots. The Board recommended that the petition be denied. The petition was subsequently withdrawn as an arrangement was worked out with the City and Palm Beach County School Board which allowed the congregation to meet on a temporary basis in the Delray Elementary School. the subject property was subsequently purchased by Bernadette Butler, one of the petitioners in this request. This petition was triggered by Ms. Butler's proposal to use the site for a beauty salon, a Commercial Use not permitted within the RM-6 (Multiple Family District). In addition, rezoning of only this site would create a "spot zoning" (as the property to the north was also zoned RM-6) and in order to avoid this situation, it was necessary for the zoning petition to include all the property up to Atlantic Avenue which is not currently zoned General Commercial. The petition before the Commission is a joint petition from two property owners incorporating all the in residentially zoned lots, and if approved will extend the commercial zoning from Atlantic Avenue southward approximately to mid-block. " " PROJECT DESCRIPTION. The petition at hand encompasses a joint petition from two' property owners Willie and Ernestine Arrington and Bernadette' Butler for individual parcels comprising four lots. The northern two lots (the Arrington parcel) is currently developed and consists of barber~ (Stines Hair World) and an attendant parking lot. On the southern two lots, the Butler property, there is an existing commercial structure, which in the past was utilized as a gasoline station (permits records 1951) and a tire repair store. However, the structure is vacant and has been gutted and vandalized to an extent that substantial renovation will be required. Since 1973, the commercial uses have been non-conforminq uses in the Multiple Family District, but were allowed to continue. With the continued commercial activity on the Arrington property, the current use is allowed to remain by its "grandfather" status. However, certain restrictions exists on expansions and improvements. No change in the commercial activity nor external changes are proposed to this site. A different scenario applies to the Butler property where the commercial use has lost its "grandfather" status (since the activity has ceased for a period exceeding l80 days). The reestablishment of any use must be in conformance with the current zoning regulations. The development proposal is to utilize the existing structure. Although the applicant has not stated what site upgrading is proposed, util~zation of the site will necessitate improvements to correct code deficiencies. PLANNING & ZONING BOARD RECOMMENDATION: At it's meeting of February 27, 1989 the Planning and Zoning Board held a public hearing on this item. No one spoke in opposition. The Board then recommended on an unanimous vote (5-0 two absent), to approve the rezoning as proposed in the staff report. The Community Redevelopment Agency (CRA) had no objection. RECOMMENDED ACTION: Approval of the enacting ordinance on first reading and setting of public hearing for second reading on March 28, 1989. A complete copy of the Planning and Zoning staff report is available for review in the City Manager's office. FS:cl Encl , t-'LHNNING 8- 70NING BOARD CITY DF OELRAY BEACH --- STAFF REPORT --- MEETING rnTe: FEBRUARY 27, 1989 AGENDA ITE,..: III. A. REZONING FROM RM-6 TO GC GENERAL COMMERCIAL ON S.W. 5th AVENUE, ITEM: SOUTH OF ATLANTIC (BUTLER AND'ARRINGTON) ',.11.,- . o' . 0 " . . . .. > .. . . . . . . . '. ' . . .. ... '. . ..: .. :...... " . ~_...!J , . . . .. " . GENERAL DATA: OWner...........................sernadette Butler and Willie B. and Ernestine Arrington Aqent...........................sernadette Butler and Ernestine Arrington Locatlon.........~..............East side of S.W. 5th Avenue, between W. Atlantic Avenue and S.W. 1st Street Property Size...................17,SS4 Sq. ft. (0.403 Acres) Community Development Plan......K1xed Use Residential/Commercial Existing City Zoni~g.......~....RH_6 (Multiple-Family Dwelling DistrictJ Proposed City Zoning............GC (General Commercial) Adjacent Zoning.................North of the subject property is zoned GC. South, east and west of the subject property is zoned RH-6. Existing Land Use...............A parking lot, a ,Barber Shop and a vacant building. Proposed Land ~se...............Renovate the vacant structure to accomodate a beauty salon. ITEM: III. A. Water. Service....... ..~......... . Existing on-site Sewer Service...................Existing on-site H. ___ .. - t . I FO" THA T PART OF BLOCKS 2.1 &29 -.-. DE1.R~ Y BEAC~ FL 1989- . ATLANTIC AVENtE -, ABANDONED BUl.DING ABANDONED GAS ',' STAno... VACANT STRAGHN ,. SON, RESTUARANT , , . .. FUNERAL HOME & (..."w w APARTMENTS ;:) I z VACANT .i w, ',I > < i: PARKWG LOT " ... 10 ' ..,... ""'" WOlILa - BAltlllt .HO~ . ~' VACAftT Dl -8unER RESIDENTIAL SINGLE FAMIL Y DUPLEXES - -_. ," , CLEANERS VACANT .. , - RUIOENTIAL RESIDENTrAL' - " .. , . , " , NIT BAPTIST C H" . .., " S.W.1ST STREET , , . ~. ':'.~..:"...;.:':;' ,,:,,~ ....!..... , , .._-*, ..... - 4 -...----.-... -.- ...--- - - '-'~,nI'iANCR NO. 15-89 AN ORDINANCE OF THE CITY COMMISSION, OF THE CITY OF DELRA Y BEACH, FT,ORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", CHAPTER 114, "AMUSEMENTS", BY REPEALING CHAPTER 114, "AMUSEMENTS" ,IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 114, "AMUSEMENTS", SECTION 114.01, ;'PROHI- BITION OF CIRCUSES AIm CARNIVALS": PROVIDING A SAVING CLAUSE: PROVIDING A GENERAL REPEAt,ER CLAUSE: PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, gORlDA, AS FOLT.OWS: Section 1. That Title Xl, "Business Regulations", Chapter 114, "Amuse- ments", of the Code of Ordinances, of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing- Chapter 114, "Amusements" in its entirety and, by enacting a new Chapter 114, "Amusements", Section 114.01, "Prohibition of Circuses Ilnd Carnivals", to read as follows: ~ 114.01 PROHIBITION OF CIRCUSES AND CARNIVALS; EXCEPTION UPON EXPRESS APPROVAL OF CITY COMMISSION It shall be unlawful to operate a carnival or circu~s within the City except upon the express approval in advance of the City Commission, such approval to be based upon criteria to be established by the City Commission. A carnival or circus shall mean the commonly accepted concept of a traveling amusement show conducted primarily under tents offering- circus acts or traveling- amusement show primarily offer- ing rides and games for the amusement of the public. The definition shall not include a festival sponsored and operated by local citizens not employing professional assistance, nor shall it include theatrical performances conducted within the confines of a perma- nent building. Section 2. That should Ilny section or provision of this ordinance or any portion thereof, any parag-raph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3, That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in reg-ular session on second and final reading on this _____ day of , 1989. MAYOR ATTEST: City Clerk First Reading Second Reading q I ORDINANCE NO. 21-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY SEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", "METERS", BY ENACTING 'A NEW SECTION 52.20, "ACCESS TO WATER 11.t;'l'.t;R$ AND APPURTENANCES"; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY' PERSON TO INTERFERE, DENY OR RESTRI CT ACCESS TO WATER 1=',1:.t;R$ OR THEIR APPURTENANCES BY THE CITY'S AGENTS OR EMPLOYEES FOR THE PURPOSE OF MAKING PERIODIC METER READINGS, REPAIRS , REMOVAL, OR DISCONNECTION OF SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "WATER" , "t-J..t;;'.J.:J::;.H,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 AND APPURTENANCES", 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 City water meters or their appurtenances by the City's agents or employees, for the purposes of making necessary periodic readings, repairs, removal, or disconnection of service on said meters or their 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 110) 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. :>1 A Y 0 R ATTEST: City Clerk First Reading Second ~eading 10 . . -, .--- _'i:~' ''''''2\''',,;''..., . . .' ~"..' ,,", ".;..Y'.'''' ,):&i!'::'c,:~....., - -;,.: ,.:l+,; ; . "".~";i"'~!!l;'<~:;:;':;~"~;" 1 ' ~ , '. '; ~~[ITY OF r~ElRAY BEA[H ;,,,,.,)~~ .;:~ .. ,~" :-""'>~ '~:;-" ""0':'1,:.' ;- " . '::.CIT~,~!TOR~; 1:Y'~iOFFICE 310 S.L 1st S J I</J'T. sun L 4 IJlII(,\ \" 8EAC". "'LORjI)A 33483 305/243-709fJ , ~ ~ .~ ME!>lORANDUM Date: March 15, 1989 To: o ,{, " Cl.ty COll1lTI1.SS~On l From: Susa? A. Ruby, Assistant City Attorney , Subject: WAIVER OF SIGN CODE TO PERMIT MOVING OF BILLBOARD/ APPROVAL OF CONTRACT WITH EAGLE OUTDOOR ADVERTISING c The City ':ommission, at its meeting of March 14, 1989, directed staff to advertise a waiver of certain sign code sections in order to permit the billboard, located near the intersection of 1-95 and Linton 'Boulevard to be moved approximately 65 feet closer tc, 1-95 to the west. The waive,: has been advertised and the approval of said waiver is now pJaced on your agenda for your approval. In addition, the contract between Eagle Outdoor ,Advertising and the City is now before you for approval. By copy "f this memorandum to Walter O. Barry, Ci ty Manager, our offic~ requests that these two items be placed on the March 28, 1989 City Commission agenda. , ~ , , l~ i '. , . { " 't ",::I " ~ ;~ .~! ',' ." , ---- f '. ... 'j #.~~: t: . ~;,;: ~ --c' ;i.':,.':" . ~: ....t.;'.. '"" . t j~?":':~~. , k<:,:::::; ';-'i;:";' ,\ jj'..-,'.,',:- . ,~~, "." ~- ..~. ' ".. ,j;!~ ,(>~: -:., X J4':::::- . !' '.. ~..-".;.<. : J: '~~.~i~' " 'r;"".' , I ,iiL' j " '1 ." ._1.),..,.-.,_ :'.:" ,.. ;;~':,,: ~, :~. Hi, 'i~ ,~, " ;, :~ 10 " ..-- ---- -- -- '~~ i~" fHGLf OUTDOOR . HOVfRTISInG " { -.-.~ .. '.. ,January 11, 1989 , ,;1 J I ':'i ' Mayor Campbell". i City of DelrayBeach 100 1st Avenue,t Delray Beach, Florida 33444 . 'to '~ .{ i Mayor Campbell,l ,[ . . ~, Sen~ca is the o~ner/operator of Park Ten Business Park located , on the east sid~ of and adjacent to 1-95 between Poinsetta Drive . and S.W. 10th Street in Delray Beach. It is and always has been our desire to offer our clients the highest quality ,Business Park availabl~.'Which brings us to our present delimma. Our property when purchased included ,a pre-existing land lease for an advertising billboard. This lease adds meaningful revenue to our facility,which we do not want to lose. In our effort to maintain the quality of our project we feel that Park Ten Business Park as well as the City of Delray Beach would be better served by relocating t~is structure to a less obtrusive area of our property. Our desire is to move this structure approximately 65 feet west of!it's present location and against the south side of Building #8.: We feel this would enhance the asthetics of the < entrance area from Poinsetta Drive and provide a more uniform , l general apperan~e. .;., ~-"f . ':" " - By' coming before the City Council this approved action would also '" ' ,;0: " ~.' give a measure of code enforcement that previously has not existed ." " 'f in regard to'thls, particular structure. '. '.. -~-.. . .:-~., , ".f'.,' ." "! Sincerely ,i.! '. t . ...,:.".... ,., "-It .,.. '~A~1I-cA- ',', '" 'f' ,> ':.~.;"; ~ . ," , " "$' ", " . -. " ' '~ Qmyep 2m w . IlELRIlY Hmr:H, flDlllOll 334lJ4 . [lJOn 272-3430 ~," "I; j': -..-_.-',.-'.....,.,.:',.,..~.~~;- f -. ?,' .;y; '1- ~ - .----- y_. ~.,::: ._._".v __ -'._ . '" < / / / 'h"--...r ',", \ e-a-:C""PA K/,...-<... !i::;:::; ,~. f '" <.... '\. 'if /..,. , "~ITY[lF ~~t.B,AY BER[H ~) A1<<;.:;;~;. ( ) CITY ATTORNEY'S OFFICE . ~;O'S~E, 1st STRUT, SllTE4 I>IU(~\' IlIACII.ILORIIlA 3)48) 3(1;/243,7090 , ;! "'" 1_" i'"\ " - ",>, ~ 1 ~~ j. , ~ MEMORANDUM D3te: Mar.~h 8, 1989 To: Ci tv Com;ni ssi.on . .. i I' I ;""', I From: Herbcrt W. A. Thiele, City Attorney I' '"I Subject: FURTHF~ DISCUSSION CONCERNING REQUEST FOR MOVEMENT OF BILLBOARD , At a recent City Commission meeting, the City Commission requested that'; the City Attorney's Office conduct further dlscussions with Mr. Edward A. Bolter, the president of Eagle Outdoor Advcrtising concerning a billboard sign which is located near the intersection of 1-95 and Linton Boulevard. ~i Some brief background information on billboards is that the City's Code of ,Ordinance has for some time now prohibited the installation of, any additional billboards throughout the City. Furthermore, any billboards which existed on the date of the enactmeiit were'provided with a ten year amortization periOd and as of the present date must now be removed. However, there is an exception t~; the City's ability to enforce this ordinance, and that is for billboards which lie within properties which , ' ; abut federally~aided primaries. " ,"'.,} . y - . " . In thoRe instances, the Florida Statutes state that although the City could;enforce its ordinances and require the Iemoval of any prohilif.:ted, billboard, the City would have to pay compensation to~,the billboard owner and/or property owner for ',the remaining V~lueof said'billboardwhich is.to be removed. .' . ',,' "i"" ' ' '1'1" . It is based:upon'this that Mr. Bolter has presented to the City a: proposal ,: fo~ . the movement and ultimate removal of this , particular, bilUibard. , .,!,If . t ~.~. .~,. 'Speciflcally, Mi;.Bolterhas stated that the billboard company . , and the property, owner wish to move the billboard in question : , -.' with its two-sided signage approximately 65 feet closer to 1-95 to the west. ~,e billboard would remain the same size sign and the same heighj:;, but the number of poles which support the billboard would'be reduced to one from four and additional shrubbery and landscaping would be placed around the billboard. ' I, '~~ . -f- r '; )::;:.: ..-~; "'i -~ ' , ~~-".. '. I ,:C"",_ ..,.....) .,'-. ',:,:>1 " '~'X; .,. ";,';<;'. ,,"~' -i1 /" . .'-' .. , f -~ \ ,,; i .5r .., ~:.-:.:_~:.'~~ .;',-'~ .._ _.._ _'0 i " ~ l' ." ", ~ ' , . I~~ ~. ~ . . . ~":'" I If t,he Ci ty were to agree to the movement of thi s billboard. ~:hich without the ci ty Com~ission' s pcrmis.;:i,on would r.ot be permitted otherwise, the billboard owner/property owner would agree that within ten years from the date of the movement, they would completely eliminate the billboard and its pole forever from that location in the city. Addi~ionally, the Eagle OUtdoor Advertising Company would be willing to make a monetary contribution to'City beautification programs for use throughout the City. · In summary then, the City Commission's options are as follows: l. :fila City Commission can al10\; the billboard t:o exist at its present ,location indefinitely and not enforce its code restrictions. 2. 'l'he City can commence enforcement of its billboard . prohibition against this sign, and then to be prepared to conduct a valuation of the compensation to the billboard owner and the property owner (the amount of same is not yet determined although it is my understanding that rentals for such a billboard run in the nature of $6,000.00 to $7,000.00 per month per side). 1, " 3. The City could seek amendments to the Florida Statutes which would allow enforcement of the City's d. . or ~nances. ,<' , 4." The C~ty could agree to the proposal from Mr. Bolter and thus eliminate the billboard at this location within ten years as well as providing for additional beautification around the, site of thq,inew location. .,' , '1 'If this proposal is something which you wish to consider further more fotmally, we would appreciate the City Commission discussing this~at an upcoming workshop session so that it may be scheduled for a regular City Commission meeting, as well 'as a public hearing on the waiver of the ordinance and the approval of the: contract between'theCity 'and.'..Eagl~ OUtdoor' Advertising for. the movement of the billboard and the amortizat~on aw~y of ~he billboard at the ten year interval. Furthermore, w~ will be required to notify the Florida ~'Department of T~ansportation of this activity so that they will ; \~ ,issue a permit 'for its new location. :'.::," t:.:_:::..~. .' t.~ If' you have any questions concerning this subject, please ; contact theCit~ Attorney's Office. ~._l " , ~ HT:rg cc: Walter O. Barry, City Manager , ' Frank Spenqe, Director of Development Services Lula Butler, COllllllWlity Improvement Director Joyce Desormeau, License Inspector' _-c Edward A. Bolter, Eagle OUtdoor ,Aa.vertising ;, " " , C'i H. ,. ' , ';' ' , " :t ..-'........ .~.. -,- _. .--. CITY OF DAN I A PhDne: 921-8700 " , 100 WEST DANIA BEACH BLVD, DANIA, FLORIDA 33004 " January 11, 1989.. )' " " Fred J. Harper ~ , Outdoor Advertising Administrator Florida Dept. oft Transportation Dist. IV 2800 South Andrews Avenue Ft. Lauderdale ,'FL 33316 '. f " , RE: Eagle Outdoor Advertising = 1-595 Dania Slgn .Dear Mr. Harper:' ",.. 1989, by ordinance, the City This is to advise that on January 10, of Dania annexed;into its city limits certain property located adjacent to 1-595 which is presently under lease to Eagle Outdoor for the purpose of the construction of a billboard. .,,\ , This is to ackn~~ledge that the City of Dania does recognize and will agree to abide by the permit issued by Florida Department of Transportation as if it were issued by the City of Dania. Sincerely, 1M1~/; Robert F. Flat! City Manager t nd .i .~ cc: Edward A. Bolter , . ~i ,~; -, 'l ,., iJ. ~ . .-$ - t .--;; ". ,{ . :':f , ~3 " . 't :1 '. <'.", [ITY DF DELRRY BER[H -~~,) CITY ATTORNEY'S OFFICE ]]0 S,] hI STREET, SUITE 4 DELRAY ~EACH, FL~:;DA 334~3 -";0~/24;7090 MEMORANDUM Date: March 20, 1989 To: Walter O. Barry, City Manager \~ From: Jeffrey S. Kurtz, Assistant City Attorney ~A Subject: Allowance of Certain Roof Siqns The Commis3ion, at their March 7, 1989 workshop, directed that the '....aiver of ordinance 162.070 to allow the following roof signs to continue iti existence to be scheduled for an upcoming Commission meeting. 1. Carteret Savings Bank 2. Love's Drugs 3. Doc's Soft Serve 4. Sail Inn 5. Paradise Club Public hearing has been advertised for March 28, 1989. It would be my suggestion that the waiver of the ordinances to each of these signs be voted on separately by the Commission rather than giving a blanket wavier. It is my understanding that staff is not in support of a waiver being granted to the Paradise Club. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSF.:sh cc: Frank Spence, Director of Development Services Lula Butler, Director of Community Improvement Joyce Desmoreau, License Inspector f . 1"1-- '.cO_, :>: ~ . _-I/r>"~". .., -;~r':.-~-"'.. -'~~.(O:-..______ "---'.--if ., " ,'\l, , , . . j NOTICE OF WAIVER OF CITY ORDINANCES . The City Cormnission of the City of Delray Beach, Florida, pursuant to Section 30.15 of The Code of Ordinances of the City of De1ray Beach, will, at its regular scheduled meeting of March 28, 1989, consider waiving the applicability of Section 162.070 "Off-Premises Signs; Exception" which prohibits roof signs to allow existing roof signs to remain at the fOllowing locations. 1- Carteret Savings Bank 665 East Atlantic Avenue Delray Beach, Florida 2. Doc's Soft Serve lO N. Swinton Avenue Delray Beach, Florida 3. Love's Drugs 96 N.E. 2nd Avenue Delray Beach, Florida 4. Sail Inn &57 N.E. 8th Street Delray Beach, Florida 5. Paradise Club 909 West Atlantic Avenue Delray Beach, Florida Further, the City Cormnission at its March 28, 1989 meeting will also consider wai.ving Sections 162.070, "OFF-PREMISES SIGNS; EXCEPTIONS" ; 162.081, "SIGNS EXTENDING INTO RIGHT-OF-WAY; EXCEPTION" , 162.035(G)(3), AND 162.035(F)(3)(a), "SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS",to permit a billboard located near the intersection of 1-95 and Linton Boulevard to be relocated approximately 65 feet closer to 1-95 to the west. A Public Hearing on the aforementioned waivers of the City's Code of Ordinances will be held at 7:00 P.M. at City Hall, lOa N.W. 1st Avenue,' on March 28, 1989. Please be advised that if a person decides to appeal any decision made by the City Cormnission 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 a'record. Published News of Delray March l8, 1989 Elizabeth Arnau City Clerk ., -- " ORDINANCE NO. 16-89 . Ii AN ORDINANCE OF THE CITY COMMISS ION OF THE I CITY OF DELRAY BEACH, FLOR IDA. DESIGNATING , I THE PROPERTY UPON WHICH THE FIRST SCHOOL FOR BLACKS WAS OPENED IN 1895, MORE PARTICULARLY , I DESCRIBED AS LOT 2, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1. PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR IDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR IDA. 1983" TO SHOW, IN AN OVERLAY ~ MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board. at a meeting held on February 17, 1989, unanimously recommended the designa- tion of the property upon which the First School For Blacks was opened in 1895 as a Local Historic Site; and. WHEREAS, the Historic Preservation Board, at a meeting held on March 16. 1989, ratified the aforesaid action taken on February 17, 1989, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMM ISS ION OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Section 1, That the fOllowing described property in the City of Delray Beach, Florida, is hereby designatetl as a Local Historic Site, to-wit: First School for Blacks Opened 1895; Lot 2, Block 28, TOWN OF DELRAY. according to the Plat thereof recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, The subject property is located on the east side of N, W. 5th Avenue, between Atlantic Avenue and N, W. 1st Street. Section 2. That the Planning Director of the City of Delray Beach, Florida. shall. upon the effective date of this ordinance, amend the Zoning Map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 3, That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. '. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. lb . .'-~ PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1989. , II I II ,I 'I MAY ,0 R !I !i ATTEST: II I ----- City Clerk First Reading -------.---.---- . Second Reading I 'I I I c II ii I - 2 - Ord. No. 16-89 ( ~ "----' ORDINANCE NO. 17-89 AN ORDINANCE OF 1'HE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR IDA, DESIGNATING THE PROPERTY UPON WHICH THE GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH WAS FOUNDED IN 1896. MORE PARTICULARLY DESCRIBED AS LOT 7, BLOCK 28. TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK l, PAGE 3. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH. FLOR IDA, 1983" TO SHOW, IN AN OVERLAY MANNER. SAID DES IGNA- TION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board, at a meeting held on February 17. 1989. unanimously recommended the designa- tion of the property upon which the Greater Mount Olive Mission- ary Baptist Church was founded in 1896 as a Local Historic Site; and. WHEREAS. the Historic Preservation Board, at a meeting held on March 16. 1989. ratified the aforesaid action taken on February 17, 1989. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMM ISS ION OF THE CITY OF DEIJRA Y BEACH. nOR IDA. AS FOLLOWS: 5.e.c.UQn ".L That the following described property in the City of Delray Beach. Florida. is hereby designated as a Local Historic Site, to-wit: . Greater Mount Olive Missionary Baptist Church Founded 1896; Lot 7. Block 28, TOWN OF DELRAY, according to the Plat thereof record- ed in Plat Book 1. Page 3, Public Records of Palm Beach County, Florida. The subject property is located at the southwest corner of the intersection of N, W. 1st Street and N.W, 4th Avenue. Section 2, That the Planning Director of the City of Delray Beach, Florida, s ha 11 . upon the effective date of this ordinance, amend the Zoning Map of Delray Beach, Florida, to show. in an overlay manner, the above designation. Sectio~ That all ordinances or parts of ordinances in conf Hct herewith be. and the same are hereby repealed. Sec1;ion 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5, That this ordinance shall become effective i~mediately upon passage on second and final reading. " ,'\ -- PASSED AND ADOPTED in regular session on second and final reading on this the day of . 1989. , I I MAY 0 R ATTEST: , --, -.-.------....--- City Clerk First Reading ___________,_ Second Reading " - 2 - Ord. No. l7 - 89 .' , " ---/ ORDINANCE NO. 18- 8 9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH WAS FOUNDED IN 1897, MORE PARTICULARLY DESCRIBED AS LOT 5, BLOCK 27, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING, A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board, at a meeting held on February 17, 1989, unanimously recommended the designation of the property upon which the St. Paul African Methodist Episcopal Church was founded in 1897 as a Local Historic Site; and, WHEREAS, the Historic Preservation Board, at a meeting held on i March 16, 1989, ratified the aforesaid action taken on February l7, 1989, NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a Local Historic Site, I to-wit: I St. Paul African Methodist Episcopal Church Founded l897; i Lot 5, Block 27, TOWN OF DELRAY, according to the Plat I I thereof recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. The subject property is located on the east side of N.W. 5th Avenue, between N.W. lst Street and N.W. 2nd Street. I Section 2. That the Planning Director of the City of Delray I Beach, Florida, shall, upon the effective date of this ordinance amend the Zoning Map of Delray Beach, Florida, to show, in an overlay manner, Ii the above designation. !I Section 3. That all ordinances or parts of ordinances in I conflict therewith be, and the same are hereby repealed. I Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1989. MAYOR ATTEST~ City Clerk First Reading Second Reading I~ " - ORDINANCE NO. 19-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE FREE AND ACCEPTED MASONS DELRAY BEACH LODGE 275 WAS ORGANIZED IN l899, MORE PARTICULARLY DESCRIBED AS LOT l, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM : BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITEl AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 19B3" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATIONl pROVIDING A GENERAL REPEALER CLAUSE 1 PROVIDING A SA VfNG CLAUSE 1 PROVIDING AN EFFECTIVE DATE. \ WHEREAS, the Historic Preservation Board, at a meeting held on Feb~ary l7, 1989, unanimously recommended the designation of the property upon which The Free and Accepted Masons Delray Beach Lodge 275 was organized in 1899 as a Local Historic Sitel and, I WHEREAS, the Historic Preservation Board, at a meeting held on I March 16, 1989, ratified the aforesaid action taken on February 17, ! i 1989, I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE , i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I , Section 1. That the following described property in the City I i of Delray Beach, Florida, is hereby designated as a Local Historic Site, i I to-wit: The Free and Accepted Masons Delray Beach Lodge 275 was I Organized lB991 Lot 1, Block 2B, TOWN OF DELRAY, i according to the Plat thereof recorded in Plat Book 1, I Page 3, Public Records of Palm Beach County, Florida. , I The subject property is located on the east side of N.W. II . 5th Avenue, between Atlantic Avenue and N.W. 1st Street. II Section 2. That the Planning Director of the City of Delray il Beach, Florida, shall, upon the effective date of this ordinance amend II the Zoning Map of Delray Beach, Florida, to show, in an overlay manner, II the above designation. II Section 3. That all ordinances or parts of ordinances in I conflict therewith be, and the same are hereby repealed. 'I II Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 19B9. MAYOR ATTEST :' City Clerk First Reading Second Reading ,,, " I , , ''-''"' ORDINANCE NO. 20-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE ST. MATTHEW EPISCOPAL CHURCH WAS FOUNDED IN 1911,' MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 32, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORD;ED IN PLAT BOOK l, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING " ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board, at a meeting held on February l7, 1989, unanimously recommended the designation of the property upon which the St. Matthew Episcopal Church was founded in 19l1 as a Local Historic Site; and, WHEREAS, the Historic Preservation Board, at a meeting held on March 16, 1989, ratified the aforesaid action taken on February l7, 1989, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE j CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i I Section, l. That the following described property in the City i of De1ray Beach, Florida, is hereby designated as a Local Historic Site, I I to-wi t: , I, St. Matthew Episcopal Church Founded 1911; Lot l, Block 32, TOWN OF DELRA Y , according to the Plat thereof 'I recorded in Plat Book l, Page 3, Public Records of Palm 'I Beach County, Florida. I, I, , " The subject property is located on the west side of S.W. " , 'I 4th Avenue, between S.W. 3rd Street and S.W. 4th Street. " ,i il Section 2. That the Planning Director of the City of Delray " " Florida, I Beach, shall, upon the effective date of this ordinance amend I the Zoning Map of Delray Beach, Florida, to show, in an overlay manner, I the above designation. I I Section 3. That all ordinances parts of ' ordinances in I or conflict therewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1989. '. MAYOR ATTEST; City Clerk First Reading .. Second Reading 'YO _:Y-.~~~".,c" '~"" ~~t~E~~J3mMFNrAL . [Iry OF -i"CORRESPONDENCE DElRAY BEA[N . -.......;;. . . '.'. . "~ ,"..'. . ,-,<,< :!;:. ~', ) , t.~].~a.~u t}er, Direc tor ,iComm~ni_tr Improvemen t ~(i , ' J "" ' "'.,\" , '>, '.' , '~'l' - -. . ~OM P~t_C?Cll..J,~~t.!L1:.~~aservation Planner , __THRJl.:,.,.Jl.Qr.Ql;..ltL,El t,on, CD .Coordinator :-.~; ~~':~~ --:-;.--------.-- '. ,,~!....._. .... ,"i.,. JBJECT ~_At!ENDJ._,RE,Q!.IES'L:FOltt__, C. Spf!ncer Pompey Designations DATE 2/22/89 . ACTION REQUESTED OF THE CITY COMMISSION ,. , ' ,'..:~ "', To accept the Board's recommendation, direct the City Clerk to .. prepars an enaiiittg ordinance, and to set a public hearing date, March l4,,'1989. City Code Ordinance /I 174.22(C) requires a public hearing within 30 days of the Preservation Board's recommendation which was February 17, 1989. BACKGROUND Pursuant to provisions of Section 174.02 of the City Code of Ordinance, Local Register of Historic Sites, steps have been taken to design~te the fOllowing as historic sites: Ot:A. l(.-~ First School for Blacks opened 1895, Block 28, Lot 2 "i.d ' 1 ~ Greater Mt.. Olive Missionary Baptist Church founded ',' <tJ . ,I - 1896. 40 N~W. 4th Ave. Block 27, Lot 5 , ' , ~ St. Paul African Methodist Episcopal Church founded 1897, Oel.. ,g- ,'" 119 N.W. 5th, Avenue, Block 27, Lot7 :-;:.' ,@ta!.. Iq -~ The Free &lAccePted Masons Delray Beach Lodge 275 organized ' 1899, 85 N,W. 5th Avenue, Block 28, Lot 1 'r Of/J. ~-~ St,. Matthe'fEpiscoPal Church founded 1911,404 S.W. 3rd Street, Block 32, Lot 1. i~ . .,~ . As required a deSignation report was prepared by the Board . (copy attache~);and it states that St. Matthew Episcopal Church - ',J;.' be deSignated an'historic building. However after discussions with the ,Episcopal Diocese of S.E. Florida in Miami (the owner of record) it was decided to designate the property as a Local HiatoricSite ~~- . - ~'~ n,_, .' . "'T Tbe'total of SA designations is being made at the request of the , Historic Presertation Board. ':i. HISTORICPRESERVATIO~ BOARD RECOMMENDATION . .........:. ;.-" -- The'Boar'd considered these si tes on February 17,,1989 and forwarded a unanimous rec~mmendation of approval. Present at the hearing were the pastors of St. Paul AME, Mt. Olive Baptist Church, the Senior Warden of St. Matthew Episcopal congregation (they are currently witho!ltta"Pi'test) ~ representative from the Masonic Lodge 275 and l5 members of the community. All were in favor of the designations. , " , , , ", I. , ,1 " I " - Z.o t~'~'J ?~\;~~~-;-- ~',"<'~?r~~ ' I .~ '-'!I' '" '" "~'~':':~~:';:'\:~'.",:~:~~ /-,,':- "., . ! :.:.:"',':;' '. . .' . I' The Early j .. Years: \ A Chronology I '1 .. :<" , 1816.;...1 May i, Hannibal Pierce is named keeper of the U.S. Coat " Guard House of Refuge "3, a sanctuary for shfptll..eckeeS . 'J sllf1ors, situateeS about one block north of Atlantfc Ave. on ., ' :"" North Ocean Blvd. ~, ' , ' ~, ";' :' 18815 -~t Man service by "barefoot mafbnan" Is Inaugurated. '~'" .~~ . . b895 - , ,;4 Black pioneers petftlon the Dade County Schoolboard for a ' " ',..'1- teacher. B.F. James is sent to set up and admfftf,ter the ~ ,,:' ,f.irst school for Delray Beach children. , . 1895 - "tWUllam Linton PUrchases a tract of 640 acres (now ' ;') downtown Delray BeaCh), called Linton. 'f ' , ..' 1895 -, 'a~rs. Annie Andrews becomes Postmaster of area's first ' ~'.'~ post office csJ1ed "Zion." o '1' ' , . ' ".i,' ..' ' " 1895 ~ ,.':1 The name De1ray is given to this cO~unity ~ W.W. " '.', , ' '! Blacluner who came with settlers to this area rom Delray, ' , .,.' ~' , ;,Michigan. ,.. <.'" ~96 -.r~t. Olive Baptist Church and Mt. Tabor (now St. Paul '. I " · 'J Mrfcan Methodist Episcopal Church), the ~frst churches In ~ De1ray are organized. . " . Ji ..; ,.:1:) o.l:~n.'";i,t.L d '~~~~rfda East Coast Ranroad (FEC) Is completed to '~~.. " 1896 - " ,.J, . : , 1 1901 - ;'t LInton is renamed De1ray offic:fllf1y. ' , 1911- "f Town of Delray Is Incorporated; the part of the old town of :' Linton which lay west ot the Intracoastal Canal. ~ 1921- i' The Cfty of De1ray Beach and the Town of Delray Beach ' . f (east and west of the Intracoastal) are united under the t I ,name of the present Cfty ot De1ray Beach. . ! ,'~ ' I ..'.' .. ," .' ~~'~~ . .:,i <~ :t, ','0. '"'- " P8g84 , ;~ ", City of Delray Beach . '.~.' . ,-"" '-,'I'- ....-. ....~..~ ~~ .-'\- . . p- ",' ._'-.-_.._._~_. . ~_._, : .....-- 'f . ;";~.,. \' ~~../~ .. ~ -,', ~. fo' . >, ...J: ~ '- ".,' ., , " . ',,.,,, ,:,\ '-- . J L. ~,.....";'; _.~_. -f- ":,t~ > -..;.;-- " ' --- ..",...-.. '. ."" :'J,. , C' ','. ...._----" r::".... ~;.;1..:.!.?-~~. { . , -. - .:-- .-:-:~~...-.-- ---- -" ;------~,.--. .-.-..' - _.._-- -} :"i~T:;;;,;~:\, _.' ,< ..- ..' ~...._~ .. .....- ...---- l. r I -..r_:"'._~..._._."... '~~.- ;.,~' , ' . ',,,--,- - -'-'" ---- i . , ~.... :~ '< . ", . , :~, .,.-,~>'-, - ,:t ;-'. .:'-~i ;'~~'itA..; " ',1 .'., ",,"'. -.. t REVISED ;:?:'--:;:;'~,. ,; j,~ COpy ~ - -'.'" ,-, il ~", ..'....._y'.- 'f , 'it r--, ~, -..~ ';~ ." f ' , , ' . . t . --. .- '.'- --_. . .. ~ ~~ ~ " . , 3S 0 . ! ' .:;,,~ . ';', ~-4', ," :S'. '''"I, o'pt:Jt " ~..t.. '~,:,. , ,.,~'~... . ....... ',', .. ", :.... ,'. .,.~.' """'~}; , . , .... ...... ......_~. "-.". .'l' .. ........ .;' : ":36 IeIDllI ,.... "."1."" .......c... ., W.J.1 '" 1::"'::-- =: ::; I Oltolf_-.. 41 W:II'I C.....&:.II...... ."""..'1 o.""Jt,,,, II. .." '.""",~- Ut 'It')1 c.,y(... ':1 ..... Cull.",-" 0...,-....... 'I .IJ I .......... ,.... 1'1. , J' "-"..,.... 'II "y, . "".......... "1 W"I ; ~.- ", .~ . ....-..."..lCto....,...,. I II .......'1......... .w. '0 ......',1(.... "WIi ,.....'......<... tI. 37 .. "-... .(.." .".." ..... ~o. c.. .. v.,.. .. .....'.....f.e.. I~" vu .. ","",'Ion , on ' I \ , .c.;.' ...-. . _.. .-. . . 'f ., -' . J.'~ : , 4~h Av. . ~",.; , . ,~ ", . . , ",~ ..': . , .--.- . . ! L ~ ~. :; ...._h... ' ',." "f... - . ~,., ,"- ~._- -- r-~";."",," ....... . " ",..... ..', ,- ..... " ....-.--- l '. ...... . '~~:J:n:;...,.... '.~_ " . . , '- . ~...~..~ "'-.. -,--- -, " -,". ." '.- . . ..' - - '---..--- -] - . ....---7"---~--'.. eo. .. ' . ,:",:~j~.>:~..:.." . '.'~ ":. .~- ~--:- ,_ i. (~ -.",' --. .......--~-. .-'.--.-. '~' . I ...... ..'\.... .. .' . , 1--'~; . '. . . . _. --, u- .,~'........, , . ..' .. " " ~ .. F . .-. - - .--.....---- ." '.;"';',,,,.,,,.~.' - t- _>:Jt'1"_1.:,y_.~"..,. " , ?O).:J"'f(.,i~}c:-i}~/);.. c........ .... ;~ II ':l:$f':f ~~P'~;-';~-'.:," . -~ 'r... .. 'i Revfsed 'if ~' DESIGNATION ~EPORTS .' " { (-. " q" ~, , , 'J " * 1895 'SCHOO~ FOR BLACKS OPENED _ Northwest 5th Avenue, now the west parking lot of , 9reater Mt. Olive Baptist " , Church. Block 2B, Lot 2. , .' . I .' · 1896 GREATER HT. OLIVE MISSIONARY BAPTIST CHURCH - 40 North~est 4th Avenue. :.-. "f Block 28, Lot 7. ,...'.... '<,,; .... , '\' * 1897 ST., PA'UL AF.RICAN HETHODIST ',' "~,',' EPISCOPAL CHURCH - 1 1 9 Northwest F 1 f t h .'-i~~' ~, ".... ;~. . Avenue. Block 27, Lot 5. . .... ~. "'-"j. -..,-.. . -,' ~, ,.. ,c"( . · 1899 THE FREE & ACCEPTED MASONS DELRA~BEACH LODGE 275 _ 85 Northwest 5th Aven~e. -.. . " "1 Block 28, Lot 1. . . ',' . '. 1911 '.'.~~ . 3rd Street. ST. HATTHEW EPISCOPAL CHURCH- 404 S.W. \f Block 32, Lot '1 ~. (fi ~.:~ , . ,~~) . .- -,~ .. .~ , , I. PURPOSE ~ I I. LOCATION :11 I. HISTORICAL AND ARCHITECTURAL SIGNIFICANCE IV. PRESENT USE, CONDITION AND ZONING 'V. .IH PACT . V I. RESOLUTION , ~, .~ ., '. .,....,~~ -< ( L. ~----. ~ - ~;'~;~~ " "-.~' . ,'- , -~ "1, , ..l~i~~~~, . . : '.::." . :,,:t:. .-......-~..~..~. ::; . .~--_._---> r-' ,. '.. ..- .. : ~.1X:.:..:-~ ":~"~'_' :- ~ ~~-- -.- ._- ~.,:,- -_: '~~'.-:-" .,...... ')~~"~.~~--, - .~-: --_. . '\, . , ~\,.: , _. ;: C' " '.~ . -- i1":' .. ~ \ .-'..-.-....;.......-... '__ . 'f- ~ ,,' .......... . , 1 -".'-----'- - ..---- .. '.~' .'-..' '...~" .....-.. , t ' ' . . "1 ., ... {: , '11 ! ; ~~, ~'.:~~:j~ ~':'~'.-;.~ . ..~ity':~~~~"'7:';-~' , '., "co>, '''''^''M''~' ~ "" . ,', ":::J,;';~,,,'"f;~\""'" ';/~i, '",' \ ", .~:'T;~~:,_:" , '4 , . c.I:.... l '. Rntsed ';"':"-"',:/'..; . l' I~~ PURPOSE .. - -';..' ~:?'i' Th'e";u~;;~'se;s of!des I gna t In g the fo'l1 owing sHes and b u f1 ding to the {Delray B.~ch 'Lo.cal Regtster of Hfstorlcal Places are to appropriately , ' note andrecogn'fu ,and thereby enrich the hfstory of the total Del ray ,"ic,.;,<Beach Commlln1ty; most Importantly to develop a deeper and a more ",.' sensttive appreciation of the cultural. rel fglous. economic and ~',;, educatlonalcorit'rlbutlon of Blac.ks that gave early Delray Beach a much ,,{~",'needed'se'nse of~'permanence and kindled a high sense of communfty :.'~:':~ beloriglng;.toge't:herness and understandfng. I ....., .. ."....~ ":l''- '_ -';:- ", "':,' ..'_.... _ ..' . :. _-~ Tk- :I~~": LOC:A~I~NJt . " ~:~~~ -;; .';l '. >~These sites are',:'ocated In what fs one of the oldest and most permanent ~sectors of DelrAf ~each-the Western Sector. bounded on the East by 'NorthWest and~South West Flr'st Avenue. the West by North West Eighth . " Avenue., the Nor.t'h' by Lake Ida Road and the South by South West Fourth Street.. This s.ctor was settled principally by Blacks when It was the ."'" 'part', of' North D'de County. It was In thfs Sector that the first and 'most permanent Institutions were establ fshed-homes. schools and _.:churches. Indeed. a compact six or eight block area. lying ,north of ., . .. elii' ,,"'At,lantfc Avenue;~to Northwest Third Street-Blocks 3.5.10.11.12.13.27.28 ',' - fs where theb'aslc educatfonal. rellgfous and fraternal and! business " ~ InstHutfons and) ventures were started. even before H was Incorporated as Linton ,In 1895. Much of Delray Beach's history and beginnings are found In thfs ~~?a. lit~ RISTORICALAND ARCHITECTURAL SIGNIFICANCE '.~ .-SCHOOL NO.4 DELRAY COLORED.- October. 1895 , Proposed Local Historic Stte Accordfng to the Cou,nty School Records during t~e 1894-1909 perf ad when Palm Beach County was part of Dade County. Blacks who had come and settled In thlsJarea. petitioned Superintendent C.H. lum for a school and a teachert '" 1894. Because there was no place to house the school- a requirement a;r tha,t' ttme-the school did not open .untl1 October. 1895. B.F~, JalDuopened the four month school term In a thatched hut on 5th ;,,' Ann,ue. a, part:of which fs the west parkin9 lot of Greater Mt. Olive Mlssfonar.Y:'BaptfH Church. The offlchl school record reveals thfs ..:., about:;:tfiat;-"lOt:!;'-Llnton_1894. Delray Colored-189S. Delray Training '. ,c' . SChool~19H"'39.,ltA htstorfcal marker desfgnatfon for thfs sHe 15 most approprf.tt.~'t~Oile of the more arresting aspects of thts venture was ," ,that the "petftloners made provfsfons for educatfng their chl1dren ., "before purc:hast~g;,1and for buttdlng churches. The school has a strong . ~'feeltng fn the Bl,aC:k community _ even today. ,'f ) -'-" 0-..._ . '1 1. . , L-, ---- :.. ,--. r"- ...- . ..,~ ~":r\. , .. ...~.~:w-. . ';;';", ~,.1"".____ .....-.--. .. (-' '-----. . ',- --'-.-~-. .... w~~~c_., '-_m--,._ ___ t"._l.... H'" _ j~~:';;,:~.... '---'--"- t~ ---- ~ .....,.} . .k>' ".' ..... ". [. , , ' --~,.~-- --,,~ . , . d, B!i;,'......... I l - .-- .-. '-. -.. -- -....... ", ~.. . .j., 'f "~.k' " , <) -,,,, 't' ,..... '-', " -It' ,; '<, , ',~ t . ''*'1iIft . .... . '""'/.'#'I:~ 110 "" i: ~ ;...... -'i ~~."."",. ~ . . ~ ~ I, ~ f'~,' "f~ ~ l' _...~ .' t Revfsed " . , :d'f, ,.' lII~ HISTORICAL AIIDAR.CHITECTURAL SIGNIFI.CAIICE (Cont"d.l ' . . :' -. . "., ~- - '. _"-4f'f' I' --"'- GREATER MOUNT OLIYE MISSIONARY BAPTIST CHURCH. 1986 ' 40 Northwest 4th A,enue , Proposed Local Historic Site Organized in 1896, Trustees A1 bert Cohen, Ed Chambers and Fagan Henry on behalf of the Mt. Olfve membershfp purchased Lot 7 fn Block 28 from the Model Land Company on January 26, 1898. Il! 15 t'he thfrd o 1 de st church fn Palm Beach County, the 01 dest fn Delray Beach. Mt- 01 he '. constructed a frame edf ffce on sa f d lot before purchase and shared f t wfth the AfrfcanMethodfst Flock, organfzed a year later; It shared fts co p'f 0 us facf1ityfor the school commencement exercises, and recently put:'chased the lot, where the school was opened in 1895. ~.. ST. PAUL AFRICAN METHODIST EPISCO~AL CHURCH. 1897 :-~ 119 Northwest Fifth A.enue . Proposed Local Historic Site Organized in the'Jane and Fagan Henry Packfng House on th~ corner Northwest Third Avenue and Second Street (now Martfn Luther King, Jr. Orive) as the African Methodfst Epfscopal Church, Trustees Moses Baker, George Hanna and Jesse Cole pu rc ha s ed Lot 1 , Block 28 from the r~odel Land Company on October 13, 1899. It shared the edfffce of Mt. 01 fye as Mt. Tabor A.M.E. Church untfl ft purchased Lot 1 fn Block 27 from George and Josie "Green and buflt a church there as St. Paul A.M.E. on A~gust 30~ 1911; havfng sold Lo t 1 . Block 28 to the Free Accepted Hasons January in 1904. . .~. . ~.' " FREE AND ACCEPTED MASONS. LODGE 275 ',; 85 Northwest Fifth benue ~ 'roposed Local Historic Sfte '0, f ' ' . , , Organized fn 1899.. the Free Accepted Masons purchased Lot 1, 810ck 28 from the Afrfcan'Methodfst Epfscopa1 Church and ff1ed claIm on OCTOBER 11.19,04, with ,Trustees George H. Green, George Hanna and Jesse Cole .".....'.'.par.ty of,..,the'f,frstpart and Robert B. Wflson. James Monroe and D. ' Campbell,'and.thetf<successors party of the second part." Masonfc Lodge ,275'fs,,:onefof'thi~oldest fraternal organfzatfons fn South Florfda, and ,- , fs located: on the very Slme lot. ,.-. ;:;::, " , .c. , , !~'ST. MATTHEW EPISCOPAL CHURCH :~,~404 Southwest 3rd Street i. Propose~ Local Historic Stte ',!, ;" Organized in 191t; ,the year Delray Beach was fncorporated, ft fs one of - the ffrstB1ack'~churches erected South of Atlantfc Avenue, especta11y "for, comlDUnicants ~ from the Bahamas Islands., As a structure, bu fl t fn 1916. it. has 'the major trimmf ngs and architectural design for the Angt'fcan [pfscopal services. One of fts fou~dfng members fs Mrs. Susfe ' ' . " "'. ~ Rus sell ",' , ", . . 1 L."._ '- :I. '__ - "- - "- '" , .. .J'.l ....'.<L~~...;.~. _.~.... . .....--.-- -. co, .',",---,- .-.... . ~- - ---._- ~- --- '_.;0:;.,. .__ __ ~.' :l..." --- . j' c. -1 i":' ,.~~_...., '- J '--. [-" ," ,...,.. - ... :~ t .....,----..-'...,., .... .. -......., .. , . , ~ "~,. - ". -'- "- " , .........~~...; L' ....'..' , . < : . '.~,-< ~', ,,~ ,. '. , ",. ~ ..' ':'., " :t.",~,;t:c:~r:: "'i."1r~\: , " """;"",J' ,,,-'~iji.'1"-'i,,. ",., ~ .... . -~'.,:_~ :;;~r'" ~::'~.:.;,-F::'~~.'<;*~,?t5:: -:' , ',.t :', , ,"'} :.1" .. ~ "-,' "" ,'If. Revtsed . ',' ,.- '.-,- .,\,';. . I IV~: & f. PRESEIIT USE~'A"1t IMPACT ' ,r", ,,'., .',,'. '1': T~~~e site~ that~layed such a vital and stabilizing part in the early history and development of Delray Beach. and have an abiding and ,. lasting residuefofpride of and respect for efforts of many of the pioneering Blacks', need to be designated by appropriate hIstorical markers.. sothat5thelr real meaning may be demonstrably shown to and ,appreciated by th;e more recent residents here. I This is especiall) needed and required today as Delray Beach embarks on 'and engages in t~e much needed efforts to realize the goals enuncfated fn Visions 2000 in all sectors and sectfons of the city. ~ I -,-' The ravages of time. circumstance and opportunity and the demands for change to meet, ~he future needs and d~sfres have destroyed and are likely to'replace.much that was original. leaving in far too many ., fnstancesthe l'~'nd-the sites. Understandably, progress has forced changes 1n the structures of two of the churches and the Masonic Hall and thef1rst ~C~~Ol h~s long sfnce moved. ' . Dare we forget th. places and sites on and for which many of the early '.. pion'eers lhing 1n thfs sector struggled and shared 1n giving our city shape arid form. slability. foresight and vfsionl . ". .. . ~., . ,: Dare'we attempt}\o rekindle and stir anew,the spirit of togetherness ;. and community up.Uft that made for struggling but steadying progress fn ' the early Yelrs'ind which is needed fn meeting the even more complex ,;.andvarii~gdema~~~ of today and tomorrowl. ",' ,1'" . ,', These,' markers an'd designations are deserving of historical notfce on ' their merttand:j'uffic1ency. but have additional, value It this time. They w111 serve n a precursory stimulant for those in this sector and in the total communi ty to ghe added and favorable effort to preserve and to improve th1s sector and thus enrfch the entire community. Preserving the ol~andblendlng it with the new and accepting both with dignity and grace. require and demand pOSitive and forthright commitment and action. ' . .~., . ... . , '-~ 4 : ,.,. {'L '- . - . - 'I - , . ",-';""l "'. ._~.., .-....-. . 0..' "",- :~'. r _ :}~. : .. -,.' , .... -.~'" -"~W--'" ~",';~.'.",,;. , . ;; """, ::: '~..-:,-:-:-~' -, , '-__'_k. ' ',.-, ~","" . ---- ._,,--. ~-'~'-"'--",--,-,... _. -- _. [ , ,~~:. "-" ,~, ! ~ I '.._ ~" . .'."" " ,- " . ., .-. '''C'' '-' 1 l .. , I I . 1l" , "_"'_'___"__, ~, _.. , . !,:>i,-,," , l' , '.' ,. ~.~ ~'j.:"f' ". ...' ". ,~~",. .~. - -. -.----- .. I ;~~J,;'. ;~f': rt' l' if.., ' " :4 " ~ ;~ ~' , J. . .7~b':~~; 7";;~"'t,-<.~;~:'~ ~';~- ~ . \ ~ , (Cont'd.) IV. I Y. ,PRES,EIT USE AND IMPACT , t , " All- these,,' sttes. even the one where the fnfthl educatfon effort started', are servtng the communfty fn the same manner as when they began as concepts nearly a century ago. Indeed, Greater Ht. Olive Missfonary Baptist' and St. Paul A.M.E. Churches are fn the midst of separate $500,000 bufldfng and expansion programs fn Blocks 27 and 28 respectively. ',When completed, they wfll be flttfng and lasting testaments and memorials to an honored past to, be remembered and a hop e f u 1 fu t u I' e, ,t 0 be fa s h f 0 n e d . The y, a 1 0 n g w f t h the un I que St. ',Matthew EpiscopalChurch and newly remodeled Maso!,fc Hall, are and will be beacons of, historfcal notice and singularity that wt11 assfst the planners of the~~ew Atlantic A~enue West Corridor to better serve the , tot~l communfty~. ' .. 1!,i VI.. RESOLUTlOII . It 15, therefore 'resolved that the above mentfoned four sites and one bufldfng be recognfzed for thefr hfstorfcal, cultural and archftectural contrfbutfons tOjthe City of Delray 8each by befng placed on t~he Local , .Hfstor,fc Reg1sU,r. No.4. Delray Colored, opened October, 1985, on ~what'1snow,Bl'oCk 28, Northwest 5th Avenue; Greater Mt. Olive :' M1sSfOnarYBa~tfSt' Church, Block 28, organfzed 1896 and purchased 1898 , on wlllchbuldlng ,was erected the same year, rebuflt after the 1928 , Hurricane' rehtltagatn as 15 today, 140 N.W. 3rd Avenue; Free and :-AccePted Masonr'Lodge 275, Delray, organized 1899, purchased from ''. Afrlcan Method st Church fn 1904 and rebul1 t structure after 1928 ' ,Hu'rrfcane;,:;:and "St'~'Paul Afrtcan Methodist Epfscopal Church, organized 1897,~, purchasediand erected structure In Block 27, 1911 and 1916 respecthely anrebul1t after the 1928 Hurrlcane and remodeled to present 1955, 1.1:9 Northwest 'Fifth Avenue, be' deslgnated local hfstorfc sltes~;l , , '" , ~ , " . St. Matthew E~fsco:al Church, 404 S.W. 3rd Street. Organized fn 1911, bu.11t In 191 an 'rebuilt fn 1926 when the present cornerstone was lafd, and completedfn 1928 . " !!f > .::;- 'The~ Hfsto..fc :P'reservltfon Board recommends that thts church be , desfgnated a Loc~l Ht stortc Bufldtng. ' A.. 1-ii 3;'-1- 1 , " . \'1- " { , " .., /\' '; .~ ':, . ~;. f " .' k , , " . .4" . .~.~ " ,.{ '" ',t_, _ L. 'Ui"'.~ ..' , ' - i' . ....... . ,._...._~- ..- .'"r' ~ ' , ~i;;._;t..;.t"/""'_ '. ' r ....'-~~;:-- '. .. . .. "-,- ". _...}?=~'.~'~~~'~~:.-.~~ ~~ .~~ ?~-_._- c-' ,...... ..................,..- _.~-~ -- .. - . p-'" :'-~;~i' '. ,. ~ ,,;: . .. "-"--- t " ..- - .~.; ... '"1"" ..". ~,. . ...-"" , __ .'_n ~'<t: ,.., . L ,;,j,~~;~ "1. ' I -.-r.....-..._ --.'.. ,. .;oj",' ~. 1, ,- . - 1~ '. ." . - -- .._-"-_._~ , , , I , . .~ ." ~. ;'-. .' . ~ . " ':t,;~;:~~,e-:~i.'~"- '" . ~, \ "'f; \ " . " . . ---.. MEMORANDUM --- ~ TO: City Commission t:r '7 FROM: Delray Beach Human Relations Committee SUBJECT: REAPPOINTMENTS DATE: March 16, 1989 \J~~~ term of Joseph Valentino expired on March 15, 1989. Mr. Valentino's ~f' original appointment was in June of 1987. He would like to be reappointed. ~~The term of Stanley Watsky also expired on March 15, 1989. Mr. Watsky was ~ originally appointed in April of 1985. If possible, he would like reappointment. ~ lI~;I\~ ~ 13G.Ak Anita Barba Recording Secretary cc: City Manager Stanley Watsky Joseph Valentino .,., ,l--V ttlf' ". -~C-' ... .<',., ". 2;'~' '~'>3;:~zt;> \~' ',' ;<:1 "'$ >'f ''1 , , ) 0 - J ~,. ---. .--.. ENGINEERING DEPARTMENT M E M 0 RAN DUM 7f/ V~~ TO: FRANK SPENCE ~ DIRECTOR DEVELOPMENT SERVICES FROM: )jbC- GATES D. CASTLE, P.E. ACTING CITY ENGINEER DATE: MARCH 20, 1989 SUBJECT FIRE STATION #2 - PROJECT SCHEDULE As you requested, we have projected a schedule for the project. The completion date is based on the presumption that all Bond Funds must be expended by the end of May, 1990. Therefore: 5/90 Completion of Construction 9/89 Start Construction 8/89 Commission award of contract; Contract execution 7/89 Bid advertisement and opening 6/89 Bid document completion, ap- provals of City Attorney and Risk Management; Building Dept. permits; Commission approval of final design. 5/89 CAB approval; final design com- pletion; plat approval; County Health Department permits. 4/89 Site plan completion, plat com- pletion, traffic engineering, P& Z site plan approval Several items have not been resolved which must predate the above. These include the property transfer agreement and authorization of certain design tasks (landscape design, lot survey, traffic analysis and signal design). Please let me know if you have additional questions. JW:slg 1--~ ~7'!;\~~';. ; , i".~:::\_::~, "'~> ",1':/' ':: 1 . '( l. ~' ~ , , ., , : ~ , ~~ ~ -"---- - -",- ~ frt-l ,/2-'i' CONFERENCE REPORT PARTICIPANTS ' DATE 3/3/89 .lid Hoc O::mnittee, Bob OJrrie & Associates, Walter Barry, Keery Koen, and John Walker /( ., 7 LOCATION OF MEETING / City Manager's Office SUBJECT BY JW Fire station # 2 John Walker REPORT Meeting was held to review site plan and renderings for the Fire station Building. O:mmittee members carments included: COpy TO 0 Reccmnendation to provide a wall or hedge along the north property line of the fire station and beach parking lot. W~~ 0 Request to insure proper turning radii at the Andrews Ave. driveway. 'Ibis will be hanclled in final driveway design. 0 Discussion of equipnent to be kept at the station _ t~ (2) truck bays With space for an additional EM!' vehicle will be the nonnal oornplement. 0 Discussion of front and north setbacks ( 65 ':!: and 80 ':!: respec- tively. ) 0 General discussion of interior spaces and exterior achitectural treatments . CITY OF DELRAY BEACH 0 Need for special signalization this will be detennined as part 100 N,W, 1st AVENUE DELRAY BEACH, FL 3344~ of final design (305) 278.2841 0 O:lst estimate: $850,000. for construction. 0 .lid Hoc OOlI1nittee approved the plans for transmittal to City O::mnission. J'1'l: slg CITY OF DELRAY BFAr:H FN(:;INI=I=PI~Ir.: r":O^DTl''''''T 1s~~_~-'" .."""_....,... ~~,..,: ' . = .;' . ~;~~'''-'.' .';~ ~f. ; C ., .. ..-.-,---- -" ;(25"' ~ Currie ArrhilE>n<" PI,lnJ1er, & In!prior D(',ignpr~ - Schneider Associates r:~ L : " 25 ~('dhr('('It. AlA, PA Dl'lrd\' Hp,j( h ~l MAR 1 3 1989 334{J3 305/276-4951 CONFERENCE MEMORANDUM CiTY ifli\I",.,, , 'ire, 429-1566.737-2279 DELRAY BEACH FIRE STATION #2 - 87446' "', ,~, Conference of March 6, 1989 @ Walter Barry's Office Attendees: lfi!Jlter Barry Ray Ashmore Chief Kerry Koen Spence Carroll John Walker Al Vera Pat Healy Robert Currie Leo Blair Jess Sowards Betty Matthews The meeting was held at the City Manager's conference room and was intended to show the fire station design to the Ad Hoc Committee and interested parties prior to approaching the City Commission for appro va I . The following comments are the result of this meeting. > A wall or ficus hedge should be provided between the Manor house and the parking lot to the south to prevent publi c traffic (pedestrian and vehicular) from passing through the property of the manor house. > Curb radius' dimension from the fire station to Andrews Avenue should be such as to prevent a fire engine from swinging over the property west of Andrews Avenue. > Landscaping should be provided between the beach parking lot and the hotel parking lot. > The project will be presented to the City Commission at the regularly scheduled meeting of March 28, 1989. We hope that this meeting has resulted in providing the best possible solution for the concerns of the community as a whole, and we look forward to your continuing support. 'ES AlA, PA .. .--- // ards Manager JS/jp/446\commmem9 - [ITY OF DElRAY BEA[H CITY ATTORNEY'S OFFICE 310 S,I,_ 1st STR1TT, SlllTF4 IJII.RAV BEACH, HORIDA 33483 305/243,7090 11J?MORANDUM Date: March 27, 1989 ~I'o : Ci.ty Commission ^~~' From: Jeffrey s. Kurtz, Assistant City Attorney \ Subject, : City vs. Booi Services (Marina Delray Settlement Offer) On your 'l.genda for March 28, 1989 will be a discussion of the settlement offer in the Marina Delray litigation. This matter has been in litigation since 1985 and a problem for the Cit,y dating back to a,t least 1982. Attached is a revised settlement agreement for your review. The lawsuit involves the use of the property known as Marina Delray (now called Bayside Club) as a hotel, restaurant, and bar. The use as a hotel, restaurant, and bar has been nonconforming within the RM-l5 zoning categorYr which is the applicable zoning to the property. The Cit,y alleges in their complaint that on two occasions in 1982 and 1983, the use of the property as a hotel, restaurant, and bar lapsed for a period of more than 180 days, thus terminating t,he legal use of the property as a hotel, restaurant, and bar under our codes. The defendants have claimed that the use may have ceased for 179 days, but never 180 days and thus the litigation has continued. To complicate matters, Booi Services went into bankruptcy; Southeast Bank, who held the mortgages on the property, attempted to foreclose; a receiver, Christian Carlsen, was named by the court to look after the property and intervened in our action; there were more than 100 people who had been defrauded by Booi Services and had equal "dignity mortgages" contested the foreclosure proceedings; and various tenants/- occupants of t,he property explored uses with the City to discover if such uses would have been acceptable. The property has now been foreclosed upon and the District Court of Appeal has ruled in Southeast, Bank's favor, this means that for practical purposes, David Graham, who appeared at a previous Commission meeting, controls the property and he will be selling it to the current operat.or John Milroth who has also appeared previously before the Commission. While the actual ti tle will be held by different entities for practical City Corrunission March 27, 1989 Page 2 pU,l'poses, the above two individuals who we have been deali.ng with on this matter control the site. We are still discussing with various counsel for the interested parties who or what entity should be a party to t,his stipulation, however, the substance of the stipulati.on has been agreed to by David Graham and John Milroth. The matter is on your agenda with these matters not quite finalized for two reasons. One being the court's schedule and the second being the closing on the property. Trial in this matter had been originally set, for dClcket beginning May 30, 1989 but on the Judge's own motion it has been moved to a docket beginning April 17, 1989 with calendar call being March 31, 1989. The property is set to close with Mr. Milroth and his company being the owner s of the property on May 31, 1989. For this reason, I would like to be able to represent to the ,Judge on March 31 that the substance of the stipulation has been agreed to by all parties, moreover, Mr. Milroth, would like to be able to work in earnest on the site plan for submittal to ollr Planning Department. The previous proposed use of the property is a retirement hotel which the corrunission apprized in concept was found to be unworkable because of a change in HRS regulations. A change in those regulations meant that HRS wiD be the regulatory agency over the retirement hotel concept and therefore a pure ACLF became the only economical solut,ion. This use is actually a conditional use within the zoning category and therefore needs less deviations from the code then the previously contemplated retirement hotel. The two major accommoda,tions to the code that will be necessitated are a sligh't increase in density and offsit~e parking fox- the ACLF. The property on which the building presently sits has a total square footage of 30,000 feet and could acconullodate 40 bedrooms under the regulations controlling ACLF's within the City. However, the owners are requesting that they be allowed 41 units in accordance with the way the hotel is currently set up. In order to meet HRS regulations and make the ACLF economically feasible, they will have to expand the units on the south side of the building to bring them up to 400 square feet, a.llowing then two persons in those bedrooms. The maximum number of people that will be permitted to reside in the remodeled building will be 76, with 35 two person units and 6 one person units. It is anticipated that actual occupancy will be slightly less due to individuals wanting larger rooms. The other accorrunoda t,ion is to allow offsite parking to allow the ACLF to use the offsite parking that comes with the property. While such offsite parking areas are generally not Ci t,y Commission March 27, 1989 Page 3 permi t t,ed within the RM-15 zoning category, this will allow considerably more parking spa.ces to be a.vailable to the ACLF then is required by the code and the relatively short space between t,he properties is not a safety hazard. Due t.O the time constraints involved, it is contemplated that condi tiona,l use approval vd,ll be granted at the March 28 meeting through the approval of this settlement and that, the site plan would only have to go through the Planning and Zoning Board on May 15, 1989. It: is anticipated t,hat he remodeled building will be an improvement aesthetically over the existing building and all landscaping will have to be brought up to current code, including that on the off site parking facility. By approval of this agreement, the City would also be approving the location of. the existing docks, which were originally built wit,hout the Commission's approval. The plat on which the docks are built requires that any docks built thereon be approved by the City Commission. The ultimate effect with this stipulation would be to make the Marina Delray facility an approved conditional use subject to the requirements wi thin the stipulation. In addition, for an interim period of time, the hotel could continue to be operated in the manner t,hat it has been operated for the last several months by Mr. Milroth. Under no circumstances would this hote,l use be permit,ted to continue beyond December 1, 1989 regardless of t.he stage of the renovations to the building. It is staff's understanding that the neighborhood has generally approved of the the new operator and is generally favorable r,o the proposed use. It is therefore recommend that the Commission approve the settlement as proposed. Should any member of the Commission have any questions concerning this matter, please do not hesitate to contact our office. .JSK: sh Att,achment cc: Wa,li:er O. Barry, City Manager David Kovacs, Director of Planning and Zoning "----- IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY , FLORIDA CIVIL DIVISION CASE NO. 85-,4308 CL (1.) C CITY OF DELRAY BEACH, FLORIDA, ) etc. , ) ) Plaintiff, ) ) '/s. ) \ J BOOI SERVICES, INC. , etc. , ) et al. ) ,.,,<, ) Defendant. ) ) STIPULATION AND ORDER Parties and their relationship "ill be set forth follOWing discussions with opposing counsel. Wh(~reas , the subject matter of this action is the premises located at 344 Venetian Drive, Delray Beach, Palm Beach County, Florida; and, Whereas, such property consists of two parcels which shall be designated as Parcel "A" and Parcel "B" (such parcels being more particularly described in Exhibit BAn attached here'to) ; and, Whereas, such property has a zoning classiIication of RM-15 affixed to it; and, Whereas, the property was previously used as a public hotel restaurant, and bar; and, Whereas, such use is not a permitted or conditional use within the RM-15 zoning classification and t,herefore the use was treated as a legal nonconforming use within the RM-15 zoning district, prior to 1981; and, Whereas, this act.ion was instituted by the City to eliminate the use of the property as a public hotel restaurant and bar; and, Whereas, it, was alleged in the City's Complaint that such use of the property had ceased for more than l8D days on two separate occasions, .thus terminating the legal use of the property as a public hotel, restau.rant and bar pursuan't to the Code of Ordinances of the City of Delray Beach; and, Whereas, the Defendants contend that the use of the property as a public hotel, restaurant and bar did not lapse for 180 days; and, Whereas, Booi Services filed for bankru.ptcy and defaulted on various mortgages held by Southeast Bank, and; Whereas Southeast Bank foreclosed on the mortgages it held on the premises; and, Whereas, as a result of such foreclosure proceedings, Southeast Bank became titled to the property; and, Whereas Southeast Bank had held such mortgages on behalf of certain cemetery trusts; and, Whereas, such cemetery trusts were maintained in conjunction with cemetery run by Gramco, Inc. ; and, Whereas, Gramco, Inc. has become titled to the property and is desirous of selling said property to Erie Properties; and.. Whereas!, Erie Properties acknowledges t.hat the prior use of the property has been economically unsuccessfully and disadvantageous to the neighborhood; and, Whereas, all parties to this stipulation are desirous of seeking an amicable resolution to this action. The parties do stipulate and agree as follows: 1. That the property's use as a hotel, restaurant and bar is to cease and desist and is forever barred. .., That the property may be used in accordance with .. . permitted and/or conditional uses within the RM-15 zoning classification. Included within those conditional uses are an Adult Congregate Living Facility (ACLF) and the property used as ACLF shall be considered to be an approved conditional use following approval of the proposed site plan by the Planning and Zoning Board. The use of the property as an ACLF shall be 2 in accordance wi.th all of the City's zoning ordinances subject to any variance thereto, which may be granted by the following: It. There may be up to 41 living units within the property. A living unit accommodating two persons shall have a minimum area of 400 square feet, and those living units accom- mOdating one person shall have a minimum area of 300 square feet. The minimum length of a tenancy at the retirement apartment shall be for six consecutive months. No more than t:wo person shall cohabitate within any living unit. b. A living uni t. may contain a kitchen area consisting of a sink, electric range and refrigerator freezer. The refrigerator freezer shall be of a size no larger than si.x cubic feet. c. The ACLF may provide meals for the tenants and tenant's guests in a designated dining area. The ACLF may serve drinks, including alcoholic beverages when such a pur- chase by residents for residents and their guests. Such drinks shall be consumed within a designated area and any service of alcoholic beverages shall be condi t,ioned on t.he ACLF acquiring appropriate licensing from the state. IN conjunction with liquor license applicat,ion, the City shall acknowledge that zoning is appropriate for this part,icular use. d. On the property, the six ( 6) existing docks are permitted and may be maintained; further, t:he operators of the retirement apartment may lease such docks on a not less than annual basis t.o tenants for use by boats owned by the tenant. Under no circumstances may any person stay overnight on a docked boat,. 'rhe approval of such docks is limited to the approval by the City of Delray Beach and no representations have been made as to whether further approval by any other gover.nmental entity or agency may be necessary. c. In addition to the use of the docks as stated in Paragraph 2(d) , the operat.or of the retirement apartment may 3 use the dock area for a boat owned by the operator and may use the boat to service tenants and their guests. f. The property shall provide a minimum of 65 parking spaces for residents and guests. A portion of the property designated as Part B may only be used for parking and any spaces provided thereon shall be considered on-site parking. Landscaping of the parking area shall meet all the requirements for parking areas within the RM-15 zoning ClaSSification. The reti:r::ement apartment operator shall provide a shuttle service for t,he tenants thereby lessening the need for tenant.s to use their own vehicles. 3 . Until such t,ime as the anticipated renovations to the propert:y are completed, or December 1, 1989, whichever is earlier, the use of the property as a hotel may continue under the fOllowing conditions: a. No more than 41 rooms may be leased. b. Occupancy of the bedrooms shall be limi ted to a maximum of two person. c, The minimum lease period a uni t (bedroom) is thirty (30 ) days. d. Food may be served to registered tenants, in the designated dining area. Beverages, including alcohol, (if the operator has an appropriate state license) may be served to tenants only in the desig- nated bar and living areas. Under no circumstances shall the hotel operators serve food or beverages to any member of the public. e. Any violations of the conditions imposed above on the temporary use of the property shall subject the owner and operator of the property to a fine of $250 per violation per day. Which fine shall be levied by the City Code Enforcement Board upon a finding by the Board that a violation has occurred. 4. The City shall be paid $3,264.00 in outstanding utility liens and bills as of March 23, 1989 by May 31, 1989. Upon payment of such monies, the Ci ty shall execu t,e a release of all utility liens existing on the property as of March 23, 1989. 5. 1\, site plan for the ACLF shall be submitted, to t,he Ci ty by April 21, 1989 to be placed on the Planning and 4 Zoning Board agenda of May l5, 1989. Following approval of the site plan by the City's Planning and Zoning Board and Community Appearance Board, the site plan shall be deemed to have been approved by the Ci t,y . The owner of the property shall pay all attendant site plan application and permit fees to the City. 6. The Plaintiffs and the Defendants expressly waive any rights to attorneys' fees, cost,s, or other monetary remuneration, other than as specifically set forth herein, from the other party as a part of this settlement. 7. In consideration of this settlement agreement, the Defendants hereby release, quit, exonerate, and forever diSCharge the City of Delray Beach, its officers, employees, agents, and attorneys from any and all claims, demands, and liabili ty , whether at law or in equity arising from or relation to any act,ions taken wi th regard to the property which is t.he subject matter of this lawsuit. 3. The parties hereto agree that this agreement sets forth the full terms and conditions of any agreement between the parties. 9. That this settlement agreement shall be sub- mitted by the parties t.O the Circuit Court for its review and approval, with the condition that the Court. adopt the Agreement as binding on the parties,. and retain juriSdiction over the matt.er to enforce compliance therewith. CITY OF DELRAY BEACH, FLORIDA SaE. BANK By: MAYOR Christian Carlsen" Receiver OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA David Graham By: Jeffrey S. Kurtz, Esq. Assistant City Attorney City of Delray Beach, FL John Millroth 310 S.E. 1st Street - Ste 4 Delray Beach, Florida 33483 (407) 243-7090 Florida Bar No. 494178 \- .) ORDER The terms and conditions of the above stipulation are adopted by the Court and'the Court retains jurisdiction over the matter to enforce compliance, So ordered this this day of , 1989, Palm Beach County, JUdge Richard Burk Circuit Court Judge Copies furnished to: 6 ~~;1fI':"'!#,~c _"U'C,' . ......' 'M.,"i(r ....r.... . ~::;_:z,:'?:Ni::.,,':~ :F~~',:~~_ 'c. N. ".- "",' .".,_:$. k . " '0' .,,', .,~o .' ;~J ! ,.(, ~ 'l'? , . "X. " ..~ ,.~. · N~~ ", [ITY DF DELRAY BEA[H ~ ;;;fk i CITY ATTORNEY'S OFFICE 311' 5,1, I" .\11<11 I," !1 i" 1>lII<.I\" IJI-,\CH, I'LOI<IDA 33483 .105/243.7090 :1,u-ch 10, 1989 Mr. John Millroth Erie Properties, Inc. 3850 N.W. 2nd Avenue Boca Raton, Florida 33431 Subject: City of Delray Beach et ill. vs, Booi Services, Inc, et al.. Proposed S"ttlemcnt Dear Mr. Millroth: Enclosed please find a draft settlemf'Tlt order and copies of C),lr Zoning Code regulations specifically dealing with the RM-15 zoning d~strict and Adult Congregate Living Facilities (ACLF). The ordet lacks some details concerning the various parties and their relationship, which I will address with Southeast Bank's counsel next week. My primary purpose for forwarding the draft Order to you at this time is to insure that the stipulations as to the eventual use of the property are in accord.ance wi.th your plans and acceptable to you and your development group. " I have met with David Kovacs, the City's Planning Director, concerning your proposed use of t,he property and he concurs that the project is doable pending review of your site plan. To that end, 1 have enclosed the relevant zoning code sections for your review. They are Section 173.01, definition of iln ACLF, which is in accord with your proposed use; Section 'l73.220 et seq., which are the RM-15 regulations; Section l73.061, which is, the section dealing with ACLF's, and Section 173.845 et seg., Section l73. 865 et seg. dealing with proce- dures for conditional use and site plan approvals. "Highlights from those ordinances of particular importance to your project are that interior side yard setbacks are 15 feet, which will allow the expansi on of your eXisting bUilding, drmsity is based on lot size (Le. 750 sguare feet per bed- room), and the ACLF use is a conditional use with the RM-.15 zoning district. The use you proposed will be nonconforming in that Y,Oll are requesting 4l rather than the 4.0 bedrooms YOllr 30,000 square foot lot would accommodate under our code and offsite, parking is being reguested. These nonconformities cnn he permitted without a variance being granted by the Board (,f z.y. .::.'.:'~~~':'T_-""-' ',,-. ";'1' ~,~:;';~:. '- , , '"~" , , S . .:~ I , , .',. .-,'", --:..;[ ~.. . Mr. John Millroth March 10, 19B9 Page 2 Adjustment because of the lawsuit .",hi::h exists and therefor.e the accommodations can be made as a part of the settlement. As to the timing for granting approval, I wou,ld anticipi" ':e going before the City Commission on t1arch 2B for approval of the settlement agreement and then April 17; before the Planni~g and Zoning Board for final site plan approval. 'fhis is som::-- what the reverse of what happens under ordinary conditional v;e and site plan approvals, but with Commission concurrence ,md because of the lawsuit, I thi nk it is possible. In order f,:lr this to be accomplished, the site plan submittal must be completed as soon as possible, with t.he current tentati'.'e rmbmittal date being March 21, 1989. I will have my secrete.ry coordinate a meeting between you, Da'.'id Kovacs and myself nc.'~t week in order to go over the exact submittal and cost requ:i:r':,- ments that will be imposed upon you. In that vain, the City i.s currently looking at some options with respect to your offsi ::,e parking area, and I will address that issue with you in great,r detail next week. , I look forward to finall:,' resolvi.ng this matter. Sincerely, By: .Tef F:',~, ... . 1>.ss . . -',' :. .':,':' ~'.. lQt';'h.~. .,.,~;-.. ,~ .., c.;il;.... ,.... ..: .JSK:sh .... COlo:.' "". -1..1', ;~!iY Enclosures , cc: Walter O. Barry, City Manager Frank Spence, Director of Development Services David Kovacs; Planning and Zonin9 Director --... . IN 'THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT O? FLORIDA, IN AN FOR PALM BEACii COUNTY, FI,QRIDA CIVIL DIVISION CASE NO. 85-4308 CA (L) C CITY OF DELRAY BEACH, FLORIDA, etc. Plaintiff, ~/S . BOOI SERVI CES , INC. , ' , et.c. , , ct al. Defendant. I STIPULATION AND ORDER Parties and their relationsh.ips will be set forth fOllowing discussions with Opposing counsel. Whereas, the subject matt,.,r of this action is l:\le premises located at 344 Venetian Drive, Delray Beach, Palm Beach County, Florida, and Whereas, such property has a zoning classification of RM-l5 affixed to it, and Whereas, the property was previously used as a publj,c hotel restaurant and bar, and Whereas, such Use is not a peI'mi t ted or conditionc:l use within the RM-l5 zoning classification and therefore the , use was treated as a legal nonconforming use within the RM..j5 zoning district prior to 1981, and Whereas, this action .was instituted by the City' to eliminate the use of the property as a public hotel restaurar.t and bar, and Wherea~, it was alleged in the City's Complaint thi1t such use of the property had ceased for more than 180 days on two separate occasions, thus terminating the legal use of tb; property as a public hotel, restaurant and bar pursuant to th = Code of Ordinances of the City of Delray Beach and, '. 1flhereas, the Defendants contend that the use of the property as a public hotel, restaurant and bar did not la;se for l80 days and, Whereas, Booi Services filed for bankruptcy i':1d defaulted on various mortgages held by Southeast Bank and, Whereas, Southeast Bank foreclosed on the mortga~,':!s it held on the premises, and; Whereas, as a result of such foreclosure proceedinr3, Southeast Bank became titled to the property and, Whereas, Southeast Bank had held such mortgages :m behalf of certain cemetery trusts and, Whereas, such cemetery trusts were maintained ;,n conj unction ~Ji th cemetery run by Gr amco, lnc, and, \-lhereas, Gramco, lnc, has become titled to Ie property and is desirous of selling said prcperty to E:,e Propert.ies and, 'lIhereas, Erie Properties acknO\~ledges that the pr ,i )r use of the property has been economically unsuccesSfully " Id disadvantageous to the neighborhood and, Whe:teas, all parties to this stipulation are desirc~ of seeking an amicable resolution to this action, The partj,s do stipulate and agree as follows: 1. That the property's use as a hotel, restauriJ It and bar is to cease and desist and is forever barred. 2. That the property may be llsed in accordance wi..h permitted and/or conditional uses within the RM-l5 zoni Ig classification. Included within those conditional uses are' In Adult Congregate Living Facility (ACLF) and the property llSld I as ACLF shall be considered to be an approved conditional u:oe , fOllowing approval of the proposed site plan by the Planni,lg and Zoning Board. The use of the property as an ACLF shall 'e in accordance ~d th all of the City's zoning ordinances subjc t to any variance thereto, which may be granted by the followill : " L. " a. There may up to 41 bedrooms within th'2 property, A living unit accommodating two persons shall have a minimum araa of 400 square feet, and those living units accommodating one person shall have a minimum area of 300 square feet. 'I'he minimum length of a tenancy at the retirement apartment sh2ll be for six consecutive months. No more than two persons shi'lll cohabitate withi.n any bedroom. b. A living unit may contain a kitchen area consisti.ng of a sink, electric range and refl'igerator freezer. T'le refrigerator freezer shall be o:Jf a size no larger than :LX cubic feet. c. The living unit may provi.de meals for the t.enants <"1d tenant's guests in a designated dining area, The ACLF TPl.Y serve drinks, including alcoholic beverages when such a p 1JJ:-- chase by residents for residents and their guests. Such drin':s shall be consumed within a designated area and any service of alcoholic beverages shall be conditioned on the ACLF acquiri'1g appropriate licensing from the state, In conjunction wi'ch liquor license application, the City :shall aCknowledge thlt zoning is appropriate for this particular use. d. On the property, up t,o six (6 ) docks may be built or improved and the operators of the retirement apartment m,'lY lease such docks on a not less than annual basis to tenants fvr use by boats owned by the tenant. Under no ci.rcumstances m3.Y any person stay overnight on a docked boat. e. In addition, the operator of the retirement apartme~lt may use the dock area for a boat owned by the operator and m"y use the boat to service tenants and their ~~ests. g. The property shall provide a minimum of -- parking spaces for residents and guests, A portion of tile property designated as Part B may only be used for parking a"d any spaces provided thereon Ghall be considered on-si ~,e parkin~. Landscaping of the parking area shall meet all t1:e requirements for parking ar'eas within the RM-l5 zonilg ? " " classification. The retirement ilpartment .).pera tor sh. 11 provide a shuttle service for the tenants thercly lessening 'he nee,d for tenants to use their own vehicles. J . The Plaintiffs <lnd Lhe DefeLd,lnt.s expres;ly waive any rights to attorneys' fees, costs, or other mone L ry remuneration, other than as specifically set forth herein, fl:Jm the other party as a part of this settlement. 4 . In consideration of this settlcTnsnt agreemert, the Defendants hereby release, quit, exonr~ratc, and fore\'!r discharge the City of Delray Beach, its officers, employee:~ , agents, and attorneys from any and all claim;:; , demands, r,nd liabili ty, whether at law or in equity arising from or relat,i'lg to any actions taken with regard to the property which is t'le subject matter of this lawsuit. 5. The parties hereto agree that ~his agreemr; 1t sets forth the full terms and coneU tions of any agreemr:1t between the parties. 6. That this settlement agreement shall be su )- mitted by the parties to the Circuit Court for its review a ~)d approval, with the condition that the Court adop~ the Agreem",t as binding on the parties, and retain jurisdj ct,ion over t':e matter to enforce compliance therewith. CITY OF DELRAY BEACH, FLORIDA - - S.E_ Ban}: By: MAYOR -, - ChristidJ:; Carlsen, Receiver OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA ,- " Daviej Gr-:-:1anl By: Jeffrey s. Kurtz, Esq. John MilTroth - Assistant City Attorney City of Delray Beach, FL 310 S.E. lst Street - Ste 4 Delray Beach, Florida 33483 Florida Bar No. 494178 4 . " OHDER The terms and conditions of the above stipulation i ,-e adopted by the Court and the Court retains jurisdiction 0'. ~r the matter to enforce compliance. So ordered this day of , Be) , Palm Beach County. - Circuit Court JUdge Copies furnished to: e 5 MEMORANDUM TO: WALTE~~RR2 CI~NAGER R7 . _ FROM: FRANK R. SPENCE, DIRE OR -- DEVELOPMENT SERVICES GROUP SUBJECT: SITE AND DEVELOPMENT PLAN, AUBURN TRACE MEETING OF MARCH 28, 1989 DATE: MARCH 22, 1989 ACTION REQUESTED OF ~ COMMISSION: The Commission is being requested to approve, subject to conditions, the site and development plan for the proposed Auburn Trace residential development. BACKGROUND: This development proposal has a long history. It's present status, relative to its physical aspects, is that a site and development plan has been prepared and formally reviewed. Hopefully, the development planes) and it's critique identify all physical issues which are still to be accommodated. The next stage of the development review process is that of the plat preparation. It is at this step that more detailed engineering work and the inconsistencies between various parts of the site plan submittal are provided and resolved. PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on Monday, March 20th, the Board recommended approval (4-0) of the site plan, subject to conditions. The Board noted that the long list of conditions is unusual and that normally, a project is better coordinated before it is forwarded to ,the City Commission. However, due to the unique nature of this development program, the site plan has been acted upon to accommodate the project. The conditions of approval are listed in an attachment. RECOMMENDED ACTION: By motion, approval of the site and development plans for Auburn Trace subject tOlconditions as recommended by the Planning and Zoning Board. ~1 Attachment: Because of the importance and complexity of this project; the complete Planning and Zoning Staff Report is attached. Commission's attention is called to the substantial number of deficiencies and conditions that must be met by the developer before construction, can begin. 'J,~ '. - - I PLANNING B Z~NING BOARD CITY OF OELRAY BEACH --- STAFF REPORT -- - MEETING [)=ITE : MARCH 20, 1989 AGEfI()A ITEM: IV.B CONSIDERATION OF SITE AND DEVELOPMENT PLAN APPROVAL FOR AUBURN TRACE DEVELOPMENT ITEM: AT THE SOUTHWEST CORNER OF S.W. 8TH STREET AND S.W. 4TH STREET, JUST NORTH OF CARVER ESTATES. ( AUBURN TKA~E JOINT V~NLUK~) .....:. ~ . . . " -' - . " . , '" , " , , :r . ,. , t ! , .. , , . .. I .. , . . . .. . ..,.. . . . , " GENERAL DATA: Own.r...........................Clty of Delray 8.aeh Contract PUrch...r..............Auburn Trace Joint Venture Loe.t1on........................On the weat 81de of s.w. 8th Ave., between s.w. 4th St. and s.w. 7th St., it these streets are extended. weatward. Property 51ze...................36.52 Acres Community Redevelopment Pl.n....Multl-r..l1y Residential Exlatlnq Zoninq.................RM CMedlqa to Medium-HiOh Denaity , Dwellib9 D1atrict) Adjacent Zon1nO.................North, ...t and weat ot the aubject property 1. zoned R-lA. South i8 zoned. R-lA .nc! RM-IS 'M~ltiplo-F..ily Dwelling Di8tl'ict). Exi8ting Land V.................v.c.ftt l.nd Propoa.4 Lan4 U.................2S1 Multiple-family unit. w.tel'.S.rvic....................S.rvic. will ~ provided by conn.ctng 6" wat.r main. to the exiatinq 6" main. on S.W. 4th St.. S.W. 8th Ave. .Dd S.W. 15th AVe. and extenc1ing the main. on to the lite where the IYlt~ will be 100_. Sewer S.rvic....................A lift It.tion 1. propo.e4 " on-aite. which will pump all the lew.ge from the development into ITEM: 1!l.1> . propoaed 6" force main. Tho propoaed 6w loree main will .xtend frOM the lift Itation weltward to .n .xi8ting force ..in along S.W. 14th Avenue. ,n.. , L,.,' ~ --'.. ,- I- ' ,'.... ' .- -;,~"::'~, -,_.. -..- ~lL~" "--'- \ <, t . .," .4.___.w-...J ITEM BEFORE THE BOARD: The action requested of the Board is that of making a recommendation to the City Commission on the site and development plan submission for AUBURN TRACE. This action is governed by Code Section l73.865 with the specific review authority provided by l73.865(D) . The Board's recommendation must consider the standards contained in 173.867. BACKGROUND: The Auburn Trace Residential Development has a complex history. Consideration of development of the site has been before the Board on several occasions during the past eighteen months. Please refer to staff reports prepared for the previously considered Land Use Map Amendment and Rezoning which have heretofore been processed for a complete chronology of previous events. , , Current Project Description: The site plan before the Boar4 consists of the following project features: I . * 256 multiple family dwelling units in 46 structures - 27 one story buildings, 4 units each - 19 two story buildings, 8 units each * a centrally located complex containing an office, laundry, 2 pools, 2 basketball courts, one tennis court, one volleyball court (all courts and pools are outside) , a tot lot and playground area and a small recreation building * four remote tot lots, two large water retention (dry) areas * a day care center, to be a leased operation * alte~tions to existing traffic flow by the elimination of e north access to Carver Estates and it's replacement with a new access at it's northwest corner (the abandonment s.w. lOth Avenue right-of-way is required) . * provision of a new street connection between S.W. 12th Avenue and S.W. 14th Avenue * perimeter fencing with one fully functional point of access and a secondary controlled access which is available for police and emergency service use only. 1 L.:: ' ~ l- ~~"-: . :~,~"... t ..\~'t....- '_~_ \ . . "' ..' - I P&~ Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 2 The City's participation in the project is as follows: * Pass through of UDAG in the amount of $ 3,840,000 * Sale of land at a price of $730,000 the payment of which is handled by annual payments of $25,000 and balloon payment of $530,000 at the end of l5 years. * The City previously owned 18 acres and purchased the other 20 acres from tne Housing Authority for $275,000. * A loan of in the amount of $768,000 to be repaid in l5 equal, annual payments * A direct contribution of up to $200,000 to be used for off-site expenses. This amount is to be included ~ the IT 89/90 Capital Improvement BUdget. 1_' * Waiver of park dedication and in-lieu fee requirements;: * Waiver of all processing fees and building permit fees. (County traffic impact fees and City water and sewer connection/impact fees are not waived.) SITE AND DEVELOPMENT REVIEW AND CRITIOUE: The review of this site plan has been disjointed in that attempts were made to concurrently critique sketch plans and individual aspects of the project while some basic research (utility locations, street pattern, parcel ownership) was occurring. The project has "come together" with the revised submission received at the end of February and beginning of March. Thus, this staff report is not only a critique and analysis of the site and development plan, but it also provides a document detailing various aspects of the project in terms of what is yet to be accomplished and who is responsible for it. Following action on the site and development plan, a subdivision plat must be 'prepared. It is through that platting process that many of the items identified in this report will be more thoroughly addressed and resolved. ----, ~' -- _. . .~...~.'\;.,..".,. .. .~.~ .--..-. ... ~-' ;-'. - -. .-, - - --- Jt.'f~.". . . I I . ,_ .-... I P&ZStaff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 3 -" The specifi~documents which comprise the submission are: * Site Plan (GAS) stamped received Feb 2l, 1989 * Bldg. Elevations, one-story (GAS) stamped Feb 3rd * Bldg. Elevations, two-story (GAS) stamped March 8th * Landscape Plan (GAS), stamped March 8, 1989 * Water & Sewer Plans (Olsak), Sheets l, 2, & 3 of 8, stamped received March 10, 1989 * Drainage Plan (Olsak), Sheets l,2,3,7 & 8 of 9, stamped March lO, 1989 * Public Road Connection Plan,(Olsak), sheet 8 of 9 stamped received on March lU, 1989 * Traffic Impact Analysis, Olsak dated February, 1989, stamped received on March lO, 1989. Other Aqencv Reviews: ~ The Communi tv Redevelopment Agencv (CRA) has generally endorse~ the development. They did not critique or comment in any dep~' upon the site and development plan. , ~ I I The Communi tv Appearance Board (CAB) has reviewed the elevations and initial landscape plan as a preliminary submission. The project is to go before the CAB again once a complete landscaping plan is submitted and reviewed by staff. CAB Minutes are attached. The Wests ide Property OWners Association has not reviewed the current submission. They will be provided a copy of this staff report so that they may comment, if they so desire, at the public meeting. Technical Staff Review and Comments: Sewer System: A gravity sewer system serves the structures within the. 'project. The gravity system enters a centrally located lift station. From there a new force main extends westerly, in . the, existing raw water main easement, along the south boundary of the Carver Middle School fields, and then connects to an existing force main in S.W. 14th Avenue. The new lift station is located 120 feet from the nearest residential unit. A capacity analysis of "downstream" lift stations has not yet been completed. The new lift station will be operated and maintained by the City; thus, it is appropriate that a parcel be c~eated and deeded to the City along with a right of access. Easements are 'required along each of the sewer mains. These items can be accommodated through the required plat. - ~~1 '- _.,...1"",..').-.__ . -, - - ---. --'-~ _. - ... ...-. ,,~~ ..;.."<J_.'t. . ",-,. - .~I '-- - , .... ~"-'- l .! . ! , I i . I _.., u-.l P&:r"Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 4. The Utilities Department is generally satisfied with the proposed sewe~ syste~layout. Detailed plans are to be submitted with the plat. Water System: A combination of 6" and 8" water mains are looped within the project. External connections (to the existing pUblic system) are made in the northeast along SW 8th Avenue and in the southwest at NW l5th Avenue. The internal water mains are located in such a manner that they conflict with the landscape islands in parking areas. In many instances the landscaping plan shows~trees located directly upon the water mains. The water mains should be relocated in order to accommodate the landscaping. Comments have not yet been received from the Fire Department regarding fire hYdrant locations. A cursory review of the water plan shows that hydrants are lacking. " 4.- Easements are shown for the existing raw water transmission maiI8f,.,.. which cross this property. The entry/quard house is located at6~~. of these easements. Special approval or relocation is necessary'.; .. Drainaqe System: A system of swales, catch basins, and culverts capture storm run-off and direct it to either of two dry retention areas. This concept is acceptable. Calculations are to be checked relative to capacity of the retention areas. Permits, or exemption letters, are required from SFWMD and LWDD prior to approval of the final plat or permitting any aspects of this project. There is no information provided relative to the use or planting of the retention areas. The area in the northeast is enclosed by the proj ect' s perimeter fence. The area in southwest is not enclosed although fences currently exist along the south side of the Carver Middle School fields and along the east side of the Catherine Strong Center site. This second site is accessible directly from- the new street. The maintenance. responsibility of the drainage system rests with the Auburn Trace development. It is a private system. Streets and Access: Twenty-five feet (25') of right-of-way for the southerly extension of SW l2th Avenue had been dedicated to the City in May, 1977 by the School District. Auburn Trace is adding an additional thirty-five feet (35') for a total right-of-way width of sixty feet (60'). The site plan calls out the right-of-way out as 60' and calls out the additional right-of-way along Carver Middle School as 35'; however. the riqht-of-way only scales at fifty feet (50'). Accommodating the proper right-of-way will require relocation of five buildinqs. Their relocation may, in-turn, affect spacing between buildings. - Il:.~' _ .~ - ---- -",,":',C:: _,~"_,,, "_, '___.. ':::.~ -:'r:~T.~ . -'''- ~ -- - , " ,.,..;.~, ,-- '~'''t~''o........-... . 'I ; I I ! i I j . _ _ "j P&ZStaff Report 'Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 5 To the south a sixty foot (60') right-of-way is shown extending from this site, through the Housing Authority (Carver Estates) site, and down to the existing fifty foot (50') right-of-way of SW l4th Avenue. The submitted exhibit is unclear as to the relationship of the right-of-way south of the site with respect to structures in Carver Estates or the common property line between Carver Estates and property to the west.. Verbal representations have been made that the Housing Authority is receptive to the location of the street; however, written confirmation has not been included with the submission. A new (replacement) access is shown ~long the new street (Auburn Avenue) to Carver Estates. (This access is to replace the northerly access along SW 10th Avenue which will be eliminated. ) However, details are not provided as to how this access fits on the Housing Authority property. The accessway is only twenty-four feet (24') in width, does not accommodate pedestrian traffic, landscaping (the cyclone fence abuts t~e travelway), nor drainage. fl , , I' During review it was discovered that a full right-of-way width ~~, 50 feet did/does not exist for the full length of that portion o~ SW 10th Avenue which is to be abandoned. Along the cemetery, the right-of-way width is only 25 feet; thus, the project perimeter as shown on the site plan needs to be moved 25 feet to the west. This will affect building locations due to encroachment into required setback areas. This item has been discussed with project representatives; however, as of this writing an alternative to the submitted site plan has not been provided. Also, a formal abandonment request is necessary. It has not yet been filed but it can be accommodated concurrent with processing of the required plat. The site plan shows the perimeter fence and an emergency access gate flush against the SW 8th Avenue right-of-way. It has been pointed out that this arrangement is not acceptable. Discussions with the applicant suggested that the following arrangement will be provided: * The emergency access gate be located at least one hundred feet (100') with the site; * The emergency access gate shall be provided with an electronic opening system which would be activated at the Police Department; thus, allowing use of this accessway by police patrol vehicles; * The emergency access gate shall have a manual override so that the Fire Department can access the site in the event the electronic system fails. The interior street system appears to meet municipal standards. 1, ....." - ~ - ~,~ .,'... I '.b,~......,_~ . , , ~~.... P&Z Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 6 r'_ . Off-site Traffic Impacts: A traffic impact report has been provided. The following tmprovements are recommended: ." a right turn lane on SW lOth Street as it approaches SW 14th Avenue ." a left turn lane on SW l4th Avenue as it approaches SW lOth Street ." a right turn lane on Auburn Avenue as it approaches the entry to Auburn Trace .. ." a left turn lane from the project's entry road as it approaches Auburn Avenue ." a left turn lane on Auburn Avenue as it approaches the new entry into Carver Estates. . , I The site plan does not show the recommended improvements. Thet paving plan shows the exit from the project at 20 feet whereas;~ 24 foot section is required. The left turn lanes from Auburn Avenue into Auburn Trace and Carver Estates are not shown on the paving plan. The traffic impact report states that the project's proximity to schools is favorable and it will decrease local traffic movements. This conclusion is in error, since as of this writing, the student population from this development will not attend schools with the City limits of Delray Beach. Street Name: The name of "Auburn Avenue" is shown for the new street connection between SW l2th Avenue and SW l4th Avenue. The Fire Marshall has not yet commented upon this arrangement. It may be more appropriate to seek a change in name from Atlantic Avenue to S.W. lOth Street or to use a dual name system i.e. Auburn Avenue/SW 12th Avenue and Auburn Avenue!SW l4th. Street names have. not been provided for the interior street system. Street names will need to be included with the preliminary plat submission. ' pedestrian Access: The site plan shows a sidewalk, "as required", on both sides of Auburn Avenue. The paving plan shows a sidewalk only on the east side, of Auburn Avenue. The sheet showing the SW 14th Avenue connection shows a sidewalk on the west side of Auburn Avenue and designates the sidewalk to be constructed by others. 1 L:~ -- - .~,~~;;~. L- ".r;~ ,- .. .::a1~Q,,_~.... I . . , ~ ..ol...ao.. P&t'Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 7 .. ~;~ In the area south of the Auburn Trace entry, the sidewalk is shown adjacent to a turning lane. This is not a usually accepted practice and requires further review. The sidewalk along Auburn Avenue should continue along the same side of the street, preferably the east side. The entire length of sidewalk, between 4th Street and 8th Street should be constructed with this project. It is necessary that a formal waiver be requested and granted for a sidewalk on only one side of Auburn Avenue. Security: All the Auburn Trace proje~ts have touted security as an important ingredient to the success of the project. The general proposal for security is: 11 a single entry monitored on a 24 hour basis by a stationary guard; ~ 11 perimeter security consisting of a five foot cyclone, fence with bougainvillea. ' t t Project representatives have verbally offered that the perimete~ fence would be a first item of construction along with planting of the bougainvillea. This approach is taken so that the bougainvillea will "overgrow" the fence commensurate with first occupancy. A contingency plan for another method of screening is to be developed and provided in the event that the bougainvillea do not provide the desired effect. As of this writing the contingency plan has not been provided. The landscaping plan shows the bougainvillea extending along the perimeter tot lots. Bougainvillea is inappropriate in these areas because of the danger to children. Further, it was suggested that a solid wall be used adjacent to the tot lots so that there can be no interaction between children using the lot and folks outside the project. Although verbally agreed to, this concept is not shown on the plans. .~, -'.- Another item' to be considered with the use of bougainvillea is that it will need to be constantly maintained, especially since it is shown adjacent to a new sidewalk along SW 4th Street. A solution to this problem may involve locating the fence five feet . inward of the property line. This approach, however, creates an additional concern for the project since the management group will be responsible for maintenance of the property outside the fence. The height of the fencing, 5 foot, is questioned by the Police Department. They have suggested a minimum height of 6 foot. The Police Department has also suggested that trees not be located on the outside perimeter of the project is such a manner that they can be used to access the site. The landscaping plan shows groups of palms in "cut-outs" along the fence line. This ,concept needs further comment from the Police Department. -,-- F;- ~ .- .-.....::......,r'.;:;.... -..- -~ ~ --. ~~._--. ,- ---..- ,,-r,1;,'4 :':"~j'" .-...--- - ~' , ~:~~".l ~ . I , " ........1 P&Z Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 8 "~.t , The Police Department has questioned and recommended against the use of five foot patio walls. See an attached excerpt from the Department's memo. The use of the patio area has been discussed as being used for items ranging from a vegetable garden to a storage area. The CAB endorsed use of higher walls for privacy. During staff/applicant discussions suggestions were put forward for use of three foot solid walls and trellis or other treatment above the three foot level. Although there have been discussions about security lighting, such a lighting plan has not been provided. .. . See the description of the emergency access under the "street" section of this report for more information on patrol methods. Overall, the adequacy of the proposed security arrangements has been questioned by staff and the Planning and Zoning Board. It is believed that the Auburn Trace Joint Venture Group has not yet retained its on-site management firm and, thus, a full progr~ for security has not yet been developed. .J ~' ,,' . Day Care Center: A day care center is proposed to be constructe~ as a part of the project's initial construction and then leased for independent operation. The day care center requires specific approval through the conditional use process. Since consideration of the conditional use application won't be before the Board until April l7th, an analysis of the center vis-a-vis zoning requirements is not provided at this time. Landscapinq Plan: The landscaping plan ' provided with this submittal is conceptual. Attached are comments from the City Horticulturist. Some of the more significant of the comments include: 'Ir irrigation from a source other than municipal water is required *.. trees. are required along SW 4th Street and SW 8th "Avenue, street trees should also be provided on the west. side of Auburn Avenue adjacent to the drainage retention area 'Ir irrigation and sod is to be provided along the new streets, SW 4th Street, and SW 8th Avenue where they abut this project 'Ir trees shown within the easements for the major raw water transmission mains 'Ir conflicts between tree locations and the interior water main system. _.- . F' -- -~, .. ----.,-.-" - - -.- ._--* ~-- . ~- --.- .~ ' .:,'1" ~ .- ..,. .. , '-- - ... . .. J, J..~., . .".- I . I I , i I . . '-'--. P&Z Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 9 Zoninq District Requirements: There are standards for distances to be maintained between residential buildings. An earlier site plan contain several violations of those standards. This revised site plan incorporated two story units, thus reducing overall ground coverage and allowing for more distance between buildings. In addition, a more imaginative siting of structures occurred. The revised site plan meets the standards as far as the exterior walls of the structure are involved; however, the porches which are also a part of the structure encroach upon the required separation. It seems appropriate that this remaining deficiency be addressed through the Board of Adjustment and the seeking of a variance. Previously this report pointed out perimeter setback conflicts adjacent to the cemetery and for several structures along Auburn Avenue where the right-of-way is not scaled correctly on the si,e plan. Also, building E-7 required a 25' setback, 9' is providech,. C-IO required 25', 7' is provided; the laundry building requirisl 25', 23' is provided. " ", I , At this time, there are no other known conflicts with other portions of the zoning code. SITE AND DEVELOPMENT PLAN ANALYSIS The following analysis is provided pursuant to l73. 867 which requires consideration of ten factors. (A) Sufficiency of Material: There are numerous inconsistencies between the conceptual landscaping plan, the water plan, the site plan, the paving plan, the off-site improvements plan, and the traffic report. The landscaping plan is not prepared pursuant to code. The site' plan does not reflect accurate project boundaries.. Details for the finished state of the retention areas are not provided. Normally such a submittal would not be formally acted upon by the Board. However, since this project is of a priority the report has been prepared on the available information. (B) Density and impact upon adjacent property: The density, approximately seven units per acre, is at the lower threshold of the RM zoning designation. The enclosed nature of the development minimizes conflicts with adjacent land uses. The creation of a new link to the street system mitigates against adverse traffic impacts. .- -~ -. ....- -"__ 4 ..:.:- . '-".~"~-;-- .~- - ._.,..---~ .- ._. - ---':. ~.. ~~ ._. - ~~ -- . I I I ! , P&Z Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 10 (C) InClress and Eqress: While the submitted plans do not reflect the recommendations of the traffic study, as long as those recommendations are followed acceptable ingress and egress is achieved. Also, the verbal commitment to relocate the emergency access gate and to provide an electronic control with a manual override must be honored for adequate access for security and emergency service purposes. (D) Off-street parkinq and 10adinCl: The number of parking spaces which are proposed meet code requirements. The parking system is well designed and is separated from the interior road system. The 'only concern is that tn corners of the project, situations occur where the demand on available parking spaces is excessive. This may become a management problem. (El Screens and Buffers: Generally the proposed perimeter treatment concept is acceptable. Concerns exist relative to the following (see previous analysis section for more detail) 1 ; , * bougainvillea conflicting with passersbys along the 4t~ Street sidewalk -- possible solution, moving the fence five feet within the property boundary; . * bougainvillea conflict with use of the tot lot; also a wall is suggested for the tot lots for security purposes; * the linear effect of the straight line fencing along Auburn Avenue and along the northeast retention areas could be broken up; * the height of the fencing is not deemed appropriate for adequate site security. (F) Drainage: The general drainage scheme appears reasonable. Calculations have not been analyzed. Permitting by SFWMD is required. Details for the finished condition of the drainage retention areas has not been provided. (G) Sanitary Sewers: The general concept is acceptable. Details are required for the proposed connection to an existing force main. A downstream lift station capacity analysis has not yet been conducted. (H) Utilities: The general concept associated with the water system is acceptable. Fire hydrants have not been shown. Staff attention has not be focussed upon the disposition or relocation of FPL facilities. The preliminary plat review will require participation of FPL. ...' L. -- ,- l-~ ~'"", ~ >,,,"ll!,~_ l --j" . 4 . I P&~Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 11 (I) Recreation and open space: The proposed facilities seem adequate for the intended population. The use of remote tot lots is a good concept. Information pertaining to the facilities in the tot lots has not been provided. A determination of % of interior open space has not been made since the detailed landscape plan has not been provided. Overall open space is adequate given existence of the dry retention areas. . (J) Site Development: The site plan, in terms of building layout, functionality, and relationship to adjacent properties provides a compatible project provided that the items identified as concerns in the staff report analysis are rectified. ASSESSMENT: From a conceptual perspective the Auburn Trace developme~t project is at a point where the site plan relationships are, compatible with adjacent properties and from an interna~ perspective. What lacks is consistency among the submitted plan. and attention to details which will cause adjustments to be mad~ on all the submitted plans. The consideration of this site plan is more of a coordination exercise than acting on coordinated submittal. The next step in the development review and approval process (after action on this submission by the City Commission) is the preparation of a plat. Hopefully, the plat review process will result in a more coordinated submission. ALTERNATIVE ACTIONS: 1. Forward the submission to the City Commission with a recommendation of approval subject to conditions. 2. Continue the item at the Planning and Zoning Board so that what will be forwarded to the City Commission will not have so many loose ends. RECOMMENDED ACTION: By motion, based upon a finding of general acceptance with respect to the "standards for evaluating a site and development plan" and upon assurances from the applicant that the inconsistencies among the plans will be resolved with the submission of a preliminary plat, forward a recommendation of approval of the site plan subject to conditions*. L:.' --..:, ..,.., L >'h- ~'. , ..r.:A,,~, __. _ n .__ C - ,~., " ,.. ~..... .'.~..... . P&Z Staff Report Meeting of March 20, 1989 Auburn Trace, Site and Development Plan Page 12 .. The list of conditions will be provided separately. The conditions will address each of the concerns raised in the staff report and will provide a method for resolving them. Attachments: - reduction of landscaping plan (a set of fully scaled plans are available in the Planning Department offices) - Police Department memorand~ regarding security - City Horticulturist memo regarding the landscaping plan - City Engineering Department review memo - Draft Minutes from the CAB preliminary review meeting - Draft Conditions of Approval . ~ , , I ! I REF/DJKI42/PZAUBURN.TXT . .- F--: """"""" - , - ~~_m ~, ;-~ '., - -. '~ \ fIt- ....~ . ,- ! . .. " .(~; CONDITIONS OF APPROVAL FOR THE AUBURN '!'RACE SI'l'E PLAN .,", ,,~t~~,;;:~~~ ," .' As r.......;.;~b]F'th. Director of Planning and Zoning as of Mar4"~.~~~' ' 1. That 'Ii revised site plan be provided concurrent with the submission of the preliminary subdivision plat. This revise4site plan shall accommodate the following: A.' Relocation of structures along Auburn Avenue whose set})acks are encroached upon by providing the proper right-of-way along the west boundary. B. Relocation of structures, or other solution, for those unit. whose setbacks are ,ncroached upon by the error in,determining the east boundary along the cemetery. C. Increas. the distance between buildings D-10 and D-9, to meet code requirements, D. Revisit the relationship, between buildings D-8 and, . C-l2, , 'hf";'; f' , .--' ;. . ~ . ,j.. E. Accommodate a "T" turn-around in the northeast: park.tm~,;" area, near building C-ll, . .' '" .."'~ '.. ,I", F. Revisit the mailbox locations adjacent to buildings D-4 and B-3 as it appears mail pick-up will hinder traffic movement, G. Provide information and details as to the equipment which ~s proposed for the tot lots. H. Revisit the location and distribution of parking spaces for the handicapped. Provide ramps where ever such spaces are provided. 2. The sewer plan submittal provided with the preliminary plat shall contain, among normal requirements: ' . ',~,,,,,. capacity analysis of downstream 11ft stations, !fef1'cJ:encies in capacity which ar., mitigated by '~cre..ing ,pumping capacity are the responsibility of" , developer, ."".;, B. details. of the connection of, the new force main with , .J;;,1t' the existing force main at SW- 14th AvenueJ, I,:; , . - . ',' . .' ',' :~~::'~'.:-"'''''' , . c.. parcel which contains the new lift station shall be , ,;0;" described on the plat and shall be' dedicated to the , 'City, appropriate provisions for access shal~ be provi'ded. ";,,",:t,..,. '._ .:. .;~;: -,'. ,-','.,.- ...... .:t:.~,'...._.- '"-;;,>;:",,,o . . '.' . f;(~f.i::;<:: '"'-' , ' r....r."......,,- .. ,~ ......, -. .-, -- - ~-~ . -- .-. ". -- ~~ {;.N.' , ,~" .- -;... .. ---. ..--- ,J.,......... ! . , ~"~'~"""""-'~~' ....... ;"~;,,:--:~~,.~~,:,~;\_'_"~:-/~~~~',,:?; '~..'~f.~t ;" ,?" .,-i!..-:t:'~:""';'~ I'" ~+:~~" "'~"~ ",:~,~~;, ' 3.,~-.. ',P '''"', sWni.ttal provided with the preliminary plat , ' Q'nb:1rii among normal requirementa: -;1" . '.i:..... ' 'A...,':~tr.location of the new water main distribution system so ~,: ~~:i"'.>:';.<i'...,.,._".?t~at::the maina do not conflict with landscape islands "~,;{(."~:,",,,"'-''',~1:'~ 1m theo parking area or with lanascape areas where trees ,.zz~;il'i,;;.;.~;\'::'" are- proposect,. "'i>'~",' "';";_:::'.~~~,"*_";"__ ,-' " ,'"' ~:.' the location of all fire hydrants at a standard of 400' .', ' ';~<,}\, separation measured by road travel~ ' '4'.%,';; 'l'h.' drainage plau: sullmittal provided with the preliminary ~c":;;;; Pla~7'Shall. contain, among- norma. requ!rement_:t: ' '. A~_".FUll, drainage- system calculation_musC' baprovided, ...., ..' . :'-',s.:'_ <1 ,: '... " ' 'B~' ,',Proof at submission of the drainage: pi. to' SPWMD and , " , ' . ~. ',- ~"*)- ':__, ,LWDD shall be provided, , "".,i:~,+ ,.,.....,;,:;.,;.," ~' .;c..... :-~: ~._-_...._. ~h:':" ,'.'Vi~):, .~, :l ;"C.A "scription of hew tho dry ~tt...~ "<l'to .'1 I "',,, 'landscaped. and maintained. . '.'"~""".~'J'lt'" '.-"''''''' ' .' ".- "", -' .~. "," "r""'- ,- . ~ . ; Y, 5. Th. ;i~t: shall a.ccommodilte m1n1mum,:'~iq~~~!~f:~i t~s: ': ~, feet:,~~between: sw 8th street and sw: 4~$tr..~ and shall, I provide: additional right-of-way, as det.rlllinedlhy< the City: " ' Engine.r,. to' accommodat. the turn1n~ lane. whic~ ar. required; . ,'.' . " at:, '~~ ~ntries to Auburn Tra~e, andc~rVer~sta~~"~fi;'iL':",;'" .:::i<P'j: 6'~ h. plat sul:lmission shall contain 'the l~yoUt: "ot ~, fuU6Q~' ,":~ --. rl'ght-ot-way width which is required south o~ th.. A~':. ,:~ Trace property lin.. A deed, from the Housing' Authority,' ' '.1' containing the dedication of said right-of-way shall be provided. If right-of-way is required from property to the west, it shall also be provided by a deed. The submission shall contain the construction plans for this stretch of street and shall include the construction plan for the new access road to Carver Estates. The new access road shall be ;, co~t~,inea:..i~an easement or a tract and. shall accommodate. ,_ '. f, ~t;1n~ an._ and an entry lan." a. aidewal~J and, swalea::. ',' ~' - i tlftd, sid. of the road. ' /...' .. " .:: ~~" '<'-;-: ' ,~', . '; - ~ '" " , t'" ,'.. .. ,;,"" ,'llii ""~,,,,: .:e.. ."~' _. '.. ." ~...;.... , --1.' 7~' '... tlIt the plat: sullmission"dooumentatio~frOllt th.~" ..~;~ ,~ Kou.ln~, Authority regarding arrangem.nt8fi'which' have> be.s;':'~q, <I ,';",' , . mad.~ tor', the. construction of improvem.nts, om,the1J:, property.. ' - .:'':. . ~u'..,. ,,,ti~~;.'./,.., ' ',' ;''''I:'~'''8 .". ,.,;,,~ ~~>~~:' a-;.;;"Tfi~pr~~1~iz&dsaion shall contaill' ~C;n.trt~t10'Af.,d-:~. f-oi:' "'11 '~7;':" al];,' otf'-dt..., and adjacent stre.t: 1mprovement.~...includ,1nq 'f c::-':" :.those:- r.commended by the traffic report i...u.~""'2>;"',,' :' '.'-f>..\ '.., ";:~' . ~~";~_'~..,..>. "., - ;;'<~'.. ,;:.,~.,.~~:~"","',4",;"'::~.:~~ ...... '. , '.'A;';,.' 'aright:, turn lane on sw 10th Street aa it ,'approaches sw: "..,,:'. '" ,,14th' Avenue ' :;,~,;.' ,. ~,*4;.::", ;>:<A~".j;(.:,.'~ -';;:~';' :,~('~; ,., " ..;, ''-'''~;'' ;''' .. ,.- ,,", ,;.-.:.::.... ~S!~d!~I~~;;., '"-". . - 2 - , ~t!~'~(~ .... ". t< """'iill"'''~ '.;~: . .:;',-;;;':-\:._.','::,~...~:, ..._. - -- -"..- . -"" - _:_.,,:\...f~..-.. .~'. ."'-. . ., .~.... - ----'. .'. .-....-,-.--.. .,." ._- --.,- .-.- - .. - .~~,,~ .'....,'" .,If::. . - ' .- "4 .:x:r::-M.....--.. -...;:.. - .i .~~'4<~ . . I I i I I ; ~--,'... .. ".,. . ~ ,J' . .:;t~;l~~.'-' lane on SW 14th, Avenue as it approaches SW ~ "'~;"': - ~ ~~;~~,:' '. .,,- . ,;~~,y_ ; C.' :. It'right: turn lane on Auburn Avenue as it approaches the , ',' .",~ ",;, . entry: to Auburn Trace ~.: :r-'::';: ",.., < ~", -t.,~~~.~~~,~'" ,,~:,." J "l:"~ D.:..;':', .':lefe. turn lane on Auburn Avenue as it approaches the "" ,- ': .' ...... .~. "'~.2~qJ., ,;~\;~: ' " ,ent~ to Auburn Trace "'ll:f~~'i',* ' ",.., '''~,~;..~,~". S;.',' .. left turn lane on Auburn Avenue as it approaches the .:<,~~:~~:<~ ,entry, to Carver Estates ....~'~t""'. ...... . .."";.;. '..,"'.->'''~."' -~ . ': . '.;~~;:''''' . P..., It: right turn lane on Auburq. Avenue as it approaches the '>'~",~~",~, ' ent~.to Carver Estate "-"~/':~'<''':'~~'''_~\fl. . . _. ,::p-!::~:'~;.: '1'h1c';~~t~ to Auburn Trace must be reconfiqured to ".pr:;.!:",. ac ommoc1ate two exiting lanes with a, total pavement width of '::;~;.::';',' , twenty-four feet (24'). ' ,~.~",;, .', ' .~ . ,"< . :,,:i/~J:~:~: . ~.;~:~.-~:. . ~iiV4:,~(f.' Street" nllllleS for, the interior street system.. ar~_ <:~i .;:.., 'fI', ,:'.:J1,)i:!:';" . pro~ided with the preliminary plat submission. , ~;;';';i ';:,,1" ':!1 j - , "'11~ In addition to the sidewalks shown. elsewhere. OR thep.l . , , . sidewalk' shall be, provided alon~ the- east, side o~:__ t:'~ - . ' , 12th/14tJl' Avenues/AUburn Trace from SW 4th Street to SW 8th ~'~->{.~ :....,., o ' Street:'o; ',' . , , p", . ...., ~ - ~.' ;-:~;~~~-~~~.:<<,~.'. " 12'~' '1'he guardhouse is not a permissible structure forloca.tfoB.' ~. ~, . 'wi thin the raw water main easements, especially if it ia" ' ;, :~.':...~ ., located on top of one of the raw water mains. EitheZflAn'.' "" acceptable. innovative approach to this situation must occur or the guardhouse must be relocated. 13. A formal resolution for abandonment of SW lOth Avenue as it extends through the development must be provided with the plat submission. shall accommodate -2tf:.; , " ' ~:;!i~-~;. ,; ,> ..' '.>" ., the westr -" /Ii. '''~'lk >_'~~;:~~~r'f-.~:;> , . " ;,"~ <"., ';,. . . .. '~~ "~"!"j.f,c' 8".i-< pr;:o"sion of an electronically controlled acceslli-sYst., "'r'f'~;;~_',:;Wh!-C~c~ be activated at the pol1cestationt""T~":.yil1t~\;:.: -;~~~~,'~~~_"'n' of a manual override' to th~:'acc.ss~~:__1ii~_: . '::~;' ,,<4!'L.';"'~'~~~~'accePtable to the Fire Chie~.."" ',,' ,"; :"':~~~~~" ' , .;~2r.':':" ,t D~-~ " turnaroUnd areas so that vehicles: whicli'- inadveJ:tent:~r 'c;:.~~:/.~ " . ',; e~teJ;..the accessway can turnaround to leave. "".'tP"' . ".',., ""''tY"'',.i..J''', -,' . .<('t......,..,..,-" . ......,., ...,".- _ ~,;;,~t:~,~:~:.,,'1'h.;pfo;tim for, security l1qhting shall ~, deta11~,~!,: ,-....'~....~."".'lI'-. ,includecS:o:w.t.t:h the plat submission., ' ',' " _:""!;.~~,,.. ,I,;;' -",.~~ti. - , - .... ); ;i. ;i;~i,_ .ru,;.;1}i." ,. __ ,f,:.'\.~.... , ."~,; ,__: "'....' '~'.~~',~ ,.,. ':':;.lfJ.::' .: ,,- '-,:,; '--- ~ 'r=~ ',.~' ""~K;;:., ~ .....-- ., ,:~'. ._.:.:-._~...:.:.-:_. - ~-- ~,~1'\il ~. .- ,.~.- ,. ~ , -' '" . ---- , ~-.-. f.. ;' ,"0' ..- ,- . .. ,- ' ':~.~~:-.2: . , " . 1 i I . . Jt.l: ..o',,", _-- '~'''4'i' : c. 'J._ - Q. '! , ~~ :~~{~. " ~~ ;..~" .j~,~ :.: ,;),1'.'7 ".':"l~ .,' '.( .~": . . . "~~':~~ '_;f::~ " ,. " , ,': 16.,;: cUnei the patio feature of the structures shall '~;..: ',," cS,for a height q%'eaterthan three feet (3'). ".'-<-/f: <~'~":,' _' "::'. ;>'::1.1'~" The/ Clay! care center shalL be described within its own lot on ~~-"'.'if: '-., ' .. ~~~, ,,1, the Pla1:'~ ' ,:~~~\~;.{~~~~.~~:~:;~~~~;;~,;,.,~:t~~/;:;., ,t, ' ;;";, llf~A>i:'complet. landscaping plan, prepared pursuant to , '.','.':::,;,~t 173'~851.(BJ-;; shalL have been reviewed and acted upon by the ';'1-~"";'f:~":'Y;:1' communitY' Appearance Board prior to su1:lmlasion of the ,'~'q-<1'i.,,,,/:':,'/c prelilllinarw plat. The landscaping plan shall be prepared at o''",',;;;,:,;',!",,:, 3~: scale.. In addition to its normal requirements, the '-':"?'''''''~'jfalreadY' identified conflicts, deletions, and problems areas ...~'-:'t.,,>:,>,IlIU.t. ba resolved. or accommodated; , " . . -;-!::.. ".... ...~'~t~.:. ,.\ . _'. :. - ..' ":~:'~, :' A.: Irrigation' from a source other than municipal water -- , ", the plan shall establish the location: of irrigation , ' '1-', . wells J: '. .' " ".~- " Addition of street trees in the northeast%' corner' B.. 0 SW 4th Street and SW 8th Avenue~ street" treesif OD< t, ,~ '. -..'-.J;' west:, side of Auburn Avenue, south. ,o~r Carver,::, sch '~ property, ~, ,.:.'f"(~ '" , ,", ,-'. r :'" ';;",' ,',' < ." " ',,"V "'i;, . ..... Irrigation and, sod provided between tt~ffi~ldew~: and" . .- C. pavement along 8th Avenue, 4th Street,. and Auburn ~venue, ',';". , , -" ~~\:.,'. ,""'-;~"'~ .,~~~~:~~ D~ Removal of trees from within the raw,' water ~,' ", easements or obtain, in writing, approval of a specifia ~.i" planting plan from the Director of Public Utilitie.. &net: , .. the City Horticulturist, ' E. Resolution of conflicts between plantings and the water main distribution system; F. Landscaping and maintenance program for the dry retention areas. .l, ," '.~"""';'"'~''''\''' ' 19.', , , ,i!tQ9J;alll!( for early planting and irrigatinC), of , the ,,' .,.V~~fa~ security fence ,ahall be deta1l~:with the pla~' ,." ,.;~_t shall include the followin~?i"-.%;" " ': ., ",,'. , .", ,I.." ".'"k, "~~,,, .' ,;;,;;~:':';',::~,,:, A~,':' schedul.. for planting " ""j;;"J;fC ,'~,t ,::,:":iJ'":'ti:::.-::::,:,:~\8'ii:,,/' i~~l~];; planting sizing " ,,~,:.t~'I1L"'z';; ,:,;,;,::~" ~~,r;!~;et~":'P.roi~tlon. re rate of growth and covil'~" "j':.>::;~'; ';,#j~;/:."' . "..',,; ....".;'contlngency plan.,.~ ,.i-'f- -<,,~'"' ,', -~.~:; \.~:t~~,~~;"~-i~--"::f~:~~~~.ot~~<J~'r:-';f.~"':'~, ~ . ' ::t .... :.' - l:~i::'/f,:--. . ,'" rt~~,. -"~'..:;' , : ,,~:,~: 20'~;;, ~" p8r~ter landscaping/boundary treatme~t:.: shalI::' be :'1'7~'.j':'" ' .:..' mod1f1~;a'accommodate the following: ,,..., ie", ',.-",;',' ..",," ,.'...,,'~ ,.,,". ,,,t.., , "'"," ':~.:,:',''3:>]..' ", i.;,:'. Incr~a.e of fence height to six feet (6" j{, : '~,t:;'",'; '"."B~:,sol1c$fencing or walls adjacent to the; perimeter tot --.::,;,;.::\:r.-::,.,......_ .. -, ---.-. ~:'~ ---_.-- " - --,,--- ,'~~ ~ ," .'... .. .. '-~' .-.,,~ ,. '~.~ .. - A.~.'" I . ! I I I , # _~L' '-.':,..^'''''':' ":-. -:.-~ ",..;~~' 7 "" '~'.~-.' _ t~~:,~ ~,," ,...' . J' '," ':~.i.a~od o~ tree species and/or their location so that ;'Wy .:;'.;: I~te:t trees cannot be used for access into the ":'~, ,"" . ,'VelopmentJ ,;~;,,;'1.~~;:,";~, ~<',breaking-up of the linear effectdonq the east side of " ,'~;' "";" Auburn Avenue between the project entry and SW 4th <';~'; StreetJ ' '~;,' relocation of the' fences to a point five feet behind .'t>" , id lk I~":';" s ewa s. ,~."'~!~ri~With sulxaission of the plat, evidence of application -:-'><'1<' . ,; to, the-- Board. of Adjustment for a variance-- for distancea ',i,;;,.~., between buildings must be submitted. ',," N.,..~....,~ii.!J -'~.._'. ,"" . " '. ?i.i) ~ ~'m~ plataubmission shall co;ta1n preliminary plana for ' , ,'.'.::?~~~~~~~ street lighting and evidence that such a' plan haa been i:,:~.~;;,;rt.~r~vi~ and is generally acceptable to FP&.~:~"" ,:, ~" 2~i The-- plat: submission shall contain documentation that the, . ~~.::;<;)~>;. 'dumpster locations have been submitted, to', Wast. Manl!gemen, . .~.~;(';;::{;~:' and-that the- locations are acceptable to, th~Ji:;j' ...~;~ ~ .:. 4'-i:~~':':."~~~~~'~':" .:".- , .' . .' -. ....~; :>~}:4-' '~,:iI'::'. ~: ":.,F,2c:".:.vf The, plat" submission shall include a traff'i<t' control" p ,':j.4,:;:...:::";; ,which' shows all traffic control device..:... bc)tJS.; with!' . , " ~t"t;f;;4~, development and off-site, includinq,locat:1on,:'of:"atreet name' ,,:~~,/:':~;;,~i~nq., , " ," 'r)'" .' ," ' '. . ',~~,s"'F" 2S~*Th.. proposed location of the south entry sign-'may need t~, 1*., ~::,,:,';:;,~~,:, relOC?ated to acconanodate sight distance for traffic exit1nq ",.--.;,,,,,,,.. Carver Bstates. Provide sight distance information with the" " ,_.,,~.:, ~"':;"'\'" plat: Submission" ii,,:"';, ....~;::...~;~~,;, .... .'.:;...~:.~.. ": ' ,. ....,~h~~'1;~ 26. The plat submission shall have a component which specifically addresses the relocation of existing utilities and shall contain documentation from the affected utility companies that the proposed plans are acceptable. 27. In addition to the above conditions of approval, the -preliminary plat submission shall contain data required by .th.f~iv1s1on code and standard Subdivision. application ~' '~''''t~'': ' ,1,'.,',_ :: ->.. . ..~., - . .....; ,~"'t' " , .c....<; \" ." . -'~<~, '~.::"='?i' . ':~,./ ,t~~.<: ',.'. :,'~'~',,,~,::,,~;:"":,; ..-~..: .,:1",,,... .~.,."..~. .,......l....,......- ,_. ,.,.,' :~.,. ~;.- .~~...:-:~~:i>.'..:: : ." ",' ~..;.,.~',~;'., t? . . . ~ :;:~ :',.j~< -'. . . ." _. ; :'~~.l}:': <~~~*I .' 'CONDITIONS ,ARE NO'1' TO BE CONSIDERED A,&."ALL:. INCLUS~" 1;"""" llBVIE1Ul" ... IIOIlE DETAIL"" ...... WlI7C1l,' AD RIlOUIREI> "" 'f,,' Jt,~..~CO~ITIO~S'j.. ADDITIONAL MODIFICATIONS OR ltBOUIRBMENTS MA~B5.'''' \" . "~IMPOSBDrA~TftK,.TIME OJ!" PLAT AC'l'IOB' ":;'i~'''''''!'': '""1':-",,,.. ;.' ",."" ,;, ,'. /'.. ., "..,t;, it'''',;,,' '~:;\!("',:'" '" ~~ ,~~,.. ':- " .' ,. ,',"', '''~'' ,)'.;~~:~;~:" ,,:.!i~ :,', ' "''">.''f, """c '~~;. ,: (-:Jw,:"r:pr..,lfxri.tSJD' AUBURNTXT '. B,-~ " ' ..' " ,,>:,:.;,;,~;~. .... ~", ''''~' , . " . '~'" ,.. .." ,.., '''''~;;': ........ " , .", :~~',~~.r~:jr&~~if:., ..~ , , - S - 'i:" , "., ..;,.':.. . Ht:~. .r:_.#......~~.r._,.... ;;:~".;.: ,', . -,J!:..,..,.:,;" "'\- . ""'.i'':'i'iM~'~"""_~,,,", '" ~~';~::~&j~I~~::C;~;,~'("" .,"" .:'f':: ':' ,'.,' .......:t,.~~:.:.,~f".tb'..... ",~~,/t"'-' ,,~"""" - . I . .~' ' ~ .'. ' ';" ' ~:if,:t'*';'. \_ "-.;;{ '. '\~'.,~~' . .. - . </, ',..,":. , -, . ' ,,~"J'WJ3%......f. '1!.:'It'. , ' ;'''M' "'''~~' "~":~~'~i':~_~\'~::;~~";~'; S~~ , .:f~\"-t~t ,;~.. '!"'::~1::' .~ ..:o.Iio:.<;':~"ti-."-':~.. . .~' :.:,;-"~, . ,- ---..,. .,.'", -----..---.,...... _.- -'---,,-- - 'J~'~, " .." '.... '.. -, ,- -'- - . ,.,.;'. ~. --.-- . - ' ~;:J<~... . . -...... '. :.~ ; ':. ~':'.", '.~ \.~ ~ ,: :" . .. ':~' 't I ,'., ..' .' " ,',' ,':11'" . ,. t"_' , . ." . .,'h '," ~ ' ,;.., ~,:: J" . ' , ":">~~:; '" .' It. -. \..,.."'... '. .-.:0 I l:. , , ' ~'". - -....; ,. ". " .- . '. .',. ,',,' - "" ' J ., . Iti.:'" ......,.. , I . ,. -y..."... ... . ~'"'... ", ... ," 1,- -:. r: .. ....,.;...... ..,.....\ ' . 'f ';' .,' _....of.... t, " ". ,,' . \. :,.: ." ~ i ", ~ ,.., , ~ ~ ~ (I ~ fl- . ~ , ~ Vl , '~' " -'~..,'" . .~ _. --.. --..- .\. ~..,*;"';':;'.'-'. -. . b fi'~ , .,' _. ..,:t ~ 'I' ..,;' , ' .. . - ' --..--.--- -._- -_.-----..p. ..... - - --. ~ _~,;,":':1t~... .. ,.-- __._ n.. _ __ .::. .&..!~..:.... u... ' _ 'a' ,..- ..,= , , '-'-'- ,..,. ;.) .."\.. - -..:>. ....;. .. '. ' .., ~ . -'"-' '- ~ .._ ..~ ~~~,' -.,7"; - ".- . - ~;j.~,.'. - ""n -- , ':,;-t' . , i I j , " I t ;:t I ~ '~ \-\) ~ ~ ~ :-', , , . ~'''''' '" 'lf' . 'i{~ ......,. . ~ 4~ ~ . 'tV'''...,.. , Ii' ' . ''f!I'.., OF :rr'~- . ~'. '. ....,4..... ..~.' :\., I, , ' '1U , I Vl . . .... I! f :, : , , .. , , ., , " :- .~ f' " - ,t. . , " , . , " , " , .. ..... '. -',' .-', ',' ..... .,.. ~ ',. ". . 'r: ... - -.." .~- ..-- ,. - --.- . . - ~::~~ - - , ~, ;/: -- .. ~~'-=J._~ - --:'~~.-:--- ,- - . - _____.'_o , --_.~ ~..,'...:-.~ '. ... :j" -.~-:-...-.;. - , .. , I :.4~'~, " . I I I f i .. I , , t p. c "''-- r 8~ I .... D~~l!:Y Beaeh Pollee Department ....co .,<:';; .\V"tAt_tlc Avenue · Delray Beach, Florida 334H 3668 " ,:,/ c ' (407) 243-~ Fax (407) 243-7818 CHARLES KILGORE ..... ~~~ . <'.<.' " ChI-' of Police '",,:,~.~ ~~ Dlractor Da.l. Ko.ac. PlaDD1DS Dapart.aDt rRONi SarcaaDC Ro.. Llcata DNf~ TRRUt Najor Wlllia. R. CocbraD.~ Supporc Buraa. ~I~ AI 2 8 at URVt Cbld Cbarla. Ullore4lJl.. .. 03A'3031::f, . DATK. rabruary 27. 19.9 SUIJECT. AUIVR. TRACE DIVILOPKEIT .......................................-.......................... , fY : ... ' TIl. fOllovlD. 1. a llac ,of aacurlty r.'c. o. !II.aDdatloDa for' tdl'!~' .,:.~. propoaad Auburll Traca Da.alop.aDt 111 Dalray la.cll. ,',' ~" .,t; .c' ..... "-,'-'" ....- Vllil. cODaldarlDI tlla aacurlty raco..aDdatloDe, for Aubura Trac... .aD7 aUllaatloD. ara balDI .ada b.aa4 011 paat aD4 praaaDC a.parlaDca vltll tlla Car.ar aatataa Projact. wlllch 1. adjacallt to tll. aoutll bacauaa of al.llarltla. 111 alta davalop.allt/la10uc .114 'raaldaDt ..kaup. PERIKETER SECURITY . 1. Tlla da.alopar 1. propoall1l . flva (5) foot cll.1D lll1k f.lI~a aurroulldll1l tile projact. I would propo.a a al. (6) foot cb.ll1 lll1k fallca vlth .11 e.terior hadla 110 h11bar th.1I thraa {3) faaC th.t would allow for .daquata vialblllt1 by pollca of~lcar. p.trolllDI tba ara.. Tha al. (6) foot fallca would alao d.Car ll1dlvldu.la fro. ju.pll1l oval' tha faDca. 2. 1,;'" vo.lc.~ raco_.Dd th.c additloDal .acurlt1 llllltll1l b. plaii.!tarGtaIl. tha parl.atar of tha dte alld aroulI~ ~11. " co..o~:&rOQII~' .1'.... SacurltT lllhCll1~ i. . pro.a. cl.t'rr~'.a,foe: crl.ll1.l bahavlor. . . ,.,.',... '~"".' ~ 3. TIl. cla..lopar 1. propoa1DC . aacurlty laC.- Ilou.. aC tll... alltr.llce to tll. .1t. off of S.II. 1% 'A.allue., vhlcla vou14 b.. . ..lIl1ad bl" 011.. (1) prl.ata aacurlty luard tvallt1-four (%4)' hour~~cI.y. aa.a. (7) cI.1. . waak. Thl.,.. propoa.1 cart.1l1l1 would 1I0t b.- .daqu.te for o.-.iCe , aacurlCT. Tllare .111 ba . lIaael fOIe p.trollll1~ aecurltT officar..lthill the houaiDI projact. . 'I~, hou.ll1~-, projact. llk. thia. tll. aacurity ahoulcl 1I0~ b~ aolalT cllractad to.arda outaid.ra .tta.ptiDe to' alitaI' tll. projact.. but .1.0 for aacurlt1 of the OCCUp.IIC. vltlli. the o projact'... PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER . --... - - --.- - C ~ ", .,. ._~......:~..::,~..~,~~ .. ~ " "~ '~'''--'''--,--, ..- --.-~."- .- ._.. .--- '.'~~ ,"j':L. '..' .. .r~._..._... .. ._,' --.. -~ ~~ . - - --- .- :J,;..'tAtJ.,-... - ~. "': . , . . .... .... SUIJECT: AUIU.. TRACI DIVBLOPKENT FebruU77 21~1"'~ P.I. 2;. ,'" ,~~,;"~"",, . '-:'. :lr~~~:~~:::i.~:t:.._, , .,.b::!!o',;',..'.'.' . . - '.-'~"'A:~~-"', ~~ lelatlas' . tt.ck to the C.rvar E.t.ta. proj.ct for a co.p.rl.oo. th. .d.lnl.tr.tor. v.r. contlnuou.l)' confronted with probla.. .ucb .. Illalal a.rcotlc. .ctlvlty. v.ndall... dl.ord.rl~ coadact. burll.rl... robb.rla. .nd varlou. ....ult.. Th.lr flrae .tte.pt to curb th... probl... v.. to blre prl..te ..carity offlc.r. to p.trol th.ir 'proj.ct. Thl. pro..1l to b. lnaff.ctl.. fro. th.. b.llanlnl. In .p..klaa wltb D.bor.h Co.t.llo. the ..acutlv. Dlr.ctor of C.rv.r lat.t... .h. ..d. tha followlnl co...nt. on prlv.t. ..curity offlc.r.: , .. A. Th.y w.ra uar.li.bl.. not .howlal ap for work on ..ny occ..lo... . I. Th. did .ot .ff.ctiv.ly p.trol the .It.. .It ' C. Thay .ar. not r..p.ctad or' 11.C..~d to b,. r..14.ata!Llf'" vl.ltor. or unruly lndlvldu.l. b.c.u.. of th.ir'l.ck o. Jfi ~~. .xp.rl.llc. .ad .rr..t pow.r.. ' , ' ';..'.~ '. ",: D. Th.,., w.r. v.ry uaprof...loa.l .ltb little or no ..curity tr.lainl. I Th. ..ploya.. .nd r..ld.nt. of C.r..r I.t.t.. f.l't vula.r.bl. .nd uaprot.ct.d b.c.u.. of tha.. probl.... It w..a"t uatil the Hou.lnl Authority hir.d ..01'. D.lr.y I..ch Police Offlc.r. to 'p.trol the .it. 4urlal the .v.alal houn (8-12 p...) Suad.y throulh Thur.d.y .nd '(8-2 .....) prid.y .ad S.turd.y. th.t th. probl... In th. .r.. di.lnl.h.d~ Curr.ntly the D.lr.y B..ch Pollc. Offlc.r. .r. .till p.troll!al C.rv.r B.t.t.. with crl.. .t .n .11 tl.. low .nd r..ld.nt. h.vlnl th.t ..n.. of ..curity .nd ..f.ty In th.lr ho... .nd .rouad th.lr co..on Iround.. I would propo.. .i.il.r p.trol. by unifor..ll D.lr.)' B..ch PO.lic. Offlcer.~.Ia.p.trol. would con.i.t of . two (2) ... t...~ P.~rol1fa"i-:4arial tla. .v.n1nl hour. liac.4 .bo... . Th.. .pp.'ro....c~co.t for. two (2) ... t... workia. t.o-hundr.4... (200)'loilr."er;.onth .t the rata of ti.. .nd. on.:-h.lf' 0/2) ..1.1'''' woai'ci. be .pproxi..uly fi..-thou..nel US.OOO.OO) p.r .oath. . ~. ... 4~ Sp.d.l . coaitU.ntioll .hould be li.a. to' tla... ..tho'" of' coa.tructlo~ for tla. ...rlanc)' vahiel. aatr.lle. t~ tla.....C .1de of Ch.., proj.ct off of S'.V. 8 A..llu.. Th. .atr,.. .hoa14 b. daa1Iaa4to,d.t.r aor..l tr.fflc fro. .tta.ptia. to ..t.r illco thl.' .ra.. how..ar. it .l:ou14 .1.0 b. a..)" alloulh for ..arlalle)' .ahlcl.. to ant.r without .ueh difficulty- ilL, the a..at tb.c .ce... au.t b. I.ia.d i'..di.taly~ -4- :.. . ....... .;0, '.' ... r: ~~-" ".. _ -- - '--:. k'" . ..... " --..-_....:....~.>.. . -"---, -, '~:~ ._~-'-_. .. . " ..-. ------ ~ ,;~~~;-.: ,', -- .:~.....' ,..!: -, -- ! "'S~, , ._~ .... ......;...;. .j . i , I , "lpaC'~ . . . ._..."~' . SUUICT: AUJURN TRACI DEVELOPMEHT F.llrau,.i 17~, l.n~ .... J:':;:'..,~_:.:: ..~i~.i. ::.~::~:,-':~.~~,"~"~'" ~ '.. ..-~ . , IRTERIOR SECURITY 1. Co..iel.r.tlol1 .holllel .1.0 b. ,lv.n to .11.lnatln, the c..tr.llT loc.t.d lalladry ar... Th... ar.a. .r. ,.a.rally kaowlI .. .ad b.co.. loc.l haa,out. wh.r. crl.iaal actlvlty floariah... III the Carv.r~.tat.. Proj.ct ,the ..na,...nt 1. cOII.t.lltlT d..lia. wlth probl... of vaad.ll... bur,lary to .achill..' .lId p.opl.. coa,r.,atla. la th... .r.a. d..lln, drll,. .lId ~all.la. . dl.turbaac.~ .Aa altera.tlv. would b. to 111.t.ll a w..h.r .ad dry.r 111 ..ch ladlvldllal ualt. , , .. 2. Fro. . crl.. pr.v.lltlol1 polat of vl.v. I .1.0 h.v. . ..rlou. COllc.rll .bollt the d.da. of the p.tlo .r.a. 011 .ach buUdh. . It .pp.ar. .. thoaah th.d.v.lop.r,h.. d..l,lI.d the p.t1o .r... to h.v. . .1a (6) foot prlv.cy f.ac. ........... .... ...... ...... ......... · ........ .... r- to the IIl1it oVII.r.. aot ollly do.. the "f.llce provld. priv.ctl~,' . to the ulllt oVII.r. bat lt .18.0 provld.. 'a hle11111 pl.c. fotI.,i ..' pot.IIU.l bllr.l.ra .lIel thhv.. oac. th.y '.C b.hll1cl. thllt!!.' b.rrl.r. If. crl.111.1 a.la. .cc... to thl. .r.... th.Y' h.ve;,' . .u the tl.. .lId priv.cy to work Oil ,.illll1. .lItry to the lIai't. wlthollt b.la. ...11 by . 1I.1.hbor or p.r. 011 w.lkll1. or , drlvll1, by. illCludll1...carlty offlc.r.. The prlv.cy f.llce, .1.0 provld.. .cc... to the roof or" ..colIll '.tory bJ' ll1dlvldu.l. boo.UII, th....lv.. up 011 the f.llce'.ad to the roof. . 'Thh i. 1I0t .11 III1CO..OII ..thod of bllr.l.ry to ho... '- d.~l'lI.d ~II_. .1.11.r f..h101l. 3. I .1.0 f..l th.t .p.cl.1 coa.lder.tlol1 shoulel b. ,lv.1I to the .cc...lbl11ty of the .dult .lId child pool 111 the recr..tlol1 .r.... III a.ll1, C.rv.r l.t.t.. .. .11 ex..pl. I-d Uk. to poll1t out th.t It-. 1I0t lIaCO..OII to ... ...11 childr.lI. .,.. 2 .lId up. pl.yla, 011 the CO..OII .re.. wlthout p.r.llt .lIp.rvl.loll. Thh could cert.ll11y prove to b. . crltlc.l probl.. wh.1I COII.le1erla. the ..f.ty of chlldr.1I 11v111&',oa, t~ du. " ,. . .:,;,-t.;~'~f: :~_:.;;,..j..;".,_...~. . . "~~~~"':"~'~"" aa-- n~~... CO..lll1ity ael.tioa. S.ctlo11 , ., vI. . -,/- .;~',;;'-,;,., .- ., .' " - ... - - , rr"7. '.-. - . . . .... "-"~wlJR;;;.._.. . ...'0 , --,--~. . -"t'~~ ___u. .-...... _.- _.- ..--,- "i4.' ~:.;r:.. _". ~"'~..' .--- - "^"",;-".;.. . .. -- .:~AL..., . ,..- . I I I I I i , i I , , . . . . ~ ~.' MEMORANDUM '.: To: Plann1na'& ZoniDg Department From: Robert Kussner. Landscape Inspector Via: Nancy Davila. Horticulturist/Specisl Projects Coordinator Ru AUBURN T~CE Date: Karch 14. 1989 1. Applicant must submit a landscape pl~n. drawn in conformance vith ' , the requirements of the CODllDunity Appearance Board and the landscape ordinance per 173.8s1(H). 2. Per supplemental criteria of the Community Appearance Board. the scale shall not be smaller than 1"-30'. H 3. Ten percent of the totsl area used for parking and' acce.svay.~t shall be in'''interior'' greenspace located within. or rea.ODablYjt .. adjacent to. the off-street parking areas per ls9.31(A)(1). ~ , 4. For every 100 s.f. of required "interior" greenapsce. one shade tree or a group of palms shall be provided per ls9.31(A)(3). 5. Street trees shall be provided along S.W. 12th Avenue adjacent to the vater retention area as part of the street tree planting plan required by t~e Sub-division Ordinance. 6. Applicant must indicate the location and method of screening for all air conditioning units per ls2,24(E). 7. ~:::~l~~~~~~ :! ~h~~1 'WI.S ., I .tRi~~. ::::~:: :: ::: :.: :..::~ ~~~~: :~R~.r f.... I.. ..llIlli.... a18R! a i a y Ita .ij.'.R' a. pawkia. ....s 'I" IJ9.29~ 8. ',::<Irrigation-, .bal1 ba from a source other than city water per ,l:1.5t~27(D)-.; ,Tfd.. note must appear on the lendscape 'drawing.. A ~jcomplet8f; .eC:oE irrigation drawings viII be required at tba tima 'ofl>pem1ttiD~;',' , t. ::~ ~~~~ ~~~~. ~~~e'.. i. 'h. ..u'kv.., ..rR.. .f a:: '~:: (:~ ~~ ~.~ ~~~.~~~~.... ...ay) Trill ;:~:~.: :~; :;:: j~~ :;::~ :~ ~I~~ faa'. 'ha.. ia . al..li., \.l k. .. . tll-. I". .1"1" .7.... SRi alt. ..,,...... ,...... . . 10. Bougainvill.. or 8imilar plant material ahall be attached to patio fences (ana every five feet) per C.A.B. requirement of Karch 9. 1989. '0' 1 --_. -- --- " - -:,. - - .,-" - . ._',~.:.\~-_. ------.<----- "-- , ,- ...-:...-!::'..,..:..a", .. . - .. _..~ ..---.- ::~ '~, , 'I"" "'"' ...!. ~ <. "J _ '. .. ~..~~~.,;.""" . '" - '~ .- . " " I . i i ! I I ! , . . . ,',. 11. Labal .pacific araa. that will be planted with Bahia Sod. . '~~;'--..-.' ~- . 12. Proposa.' water dbtribution system appeara to be running through lands cap., islands. This may prasent a conflict with tha trees raqutra~;~:thos. locations. 13. Utility aasemants ara in direct conflict with required landscape buffers. In othar areas, buildings are set directly adjacent to tha aa.ement. and laava no room for foundation landscaping. 14. All landscaped islands require proper protective curbing, which is typically a 6 inch nonmountable curb, u. Applicant shall submit plans to Waste Hanagement in order for them to detemina whather there are adeQuate dumpster locations to .. serve the devalopment. The locations should also be reviawad for accessibility. 16. Applicant muet show the location of all proposed buildinga and .tructure., indicating their setback distances from the property line. and roadways, per 173.851(1)(5). ~. , 17. Applicant ha., not met all of the minimum setbacks raquirad' pa~ " 173.165(A). The east side of the laundry and building IT ar, ...., exampla.. On building 17 the covered porch has not baan includad C in detemining tha setback. 18. Th.. guard hoilse is shown in the middle. of the 40' utility easemant. ~ ,;:1."':, , .,.-:;: . ~,.,. ~;' .y,;"~~;/;> . :.. " 2 _. .-- .- - ~ - .. -.;~A,,:i~,,::-;...._ . --'""'-.---.- ." '~,iE'~_ . .. -...-' ..- --.-- '~",*~ ~.-' .:I~~' '. ..,.- f - -.--.-... - "-....~e:.......... ,~ '-i. -, - '- .. ~J..*t..~. . I ; i I I i 1 . r~ - , . c , ' ENGINEERING DEPARTMENT "~'.~;::'. >,' MEMORANDUM ......, ;i.. - TO: PLANNING DEPARTMENT FROM: ~ XA'l'BLEER DEARDEN LARD DEVELoPMENT TECHNICIAN DATE: FEBRUARY 22, 1989 SUBJECT: AUBURR TRACE - SITJ: PLAR 1. Platting will be r.quired. 2. .....don S.W. 10th .... - _'1 .< this _dvey --t4ol[ will be done consecutiv.ly with the recording the plat.. j-;:, 3. Provide s.parat. parcels or tracts for, day care faCil1.~,' -,r. and condominiua units. 4~ Provide d.tail for n.w Carver Estat.s entry and removal of S.W. 10th Av.. d.tail. 5. Provide plans for S.W. 14th Ave. south of this site. 6. The n.w roadway will have to be named som.thing besides S.W. S.W. 12th Ave/s.w. '14th Ave. 7. Provide easem.nts'for all .xisting encroaching Utility Poles, mains, etc. 8. Provide location of all traffic control devices. 9. Provide documentation from Carver Estates addressing th.ir- Agr....ntr<, ~ the removal and relocation of their en~rance, road"ar~ '1'h.- area where new entry will be located should be dedJ;cated', to Carv.r Estat.s. ' . . ~~;~~t::-:...".. ";:..' . '" 10. Provide conceptual wat.r. s.w.r, and drainage plana. 11. Sign wall., at:- S.W. corn.r will be a sight: dtatancaprobl.. for Carver Eatat.a traffic looking north. r.locate. XD:alg. . . [,- 7fR - , . '.. ...-- I -.......:1.;.':'".:.._ ,1"7"! '.- - . ~~,~. .---- - ... ....- ..~..._- - '''~'''' .' -- - c........ '.'" '. ~ -:--- ---;- _. "" - '.:i;-.~,....;. I . ! I I ! . .. .I' IunUTKSr Comunity Appearance Board - draft , Ma~ 9. 1989 Pap 3 '. .. '-.'.~(f. ':..~-:. 8. LDu.~SQU.l"" LDI'I.'QUOULlVAIII AIm CORGJIISS AVINUK DCaCAltPBll.l;5, ASSOCIATIS 407-626-388Q PBBLIMIlIAKY DVIn lepruente4. by Deborah Lemer. An outparcel Oil the site bad bean propo.ed .. . baDk. Anothe~ bay need8 to be adde4 for the Italian reata1srant .iDce the r..taurant ia upandiDa mora parkiDa will be , Jleecle4. Mr. Eua__ wllUte4 ahiftilll the .id_alka to provide lreen .pace. lie adde4 a landacape .trip waa n..de4 blat there ia an innff1cient .etback. If the parkiDa ia r-.d to provide 1andacapillr. thea the applicant. will not have the required 8IIOUIlt. Mr. Wilahe~ .tatad thera ia a probl_ and the plana iaaue needa to be .. addr..aad .iIlce what it on the plan III&Y be lone if a road ia uaed ancl the roadway will remo~.4 the entire hedle. The harclahip ia that the property will be taken by the county for a road. ScreeniDa ia neaded. . Hr. Marah ~ve4 to table the plana aillc. a_ type of acr.eniDa frea the parkina lot to the .tr..t ia n.ed.d. . i 9. AUBURN TRACll . ;,' , A1lBURN TRACI JOINT VENTURK GROUP ~ ' , PULlHINAKY RIVIEW I. PRBSENTATION ' , ' :i", .': BUILDING BLlVATIONS 0' BUILDINGS AIm DAY CAD 0 ",;.~ r~<",. GINDAL LANDSCAPING 'INAL RIVIEW SCBKDlJL!D lOR 3/22/89 lepr..ented by Richard Brautilan and David Boker. It waa noted the plana have not bua before Plannilla and Zonilla and there ar. 2-.tori... There 18 a ahadov boz or pick.t fence by the larden.. The Police DepartMnt adv18ed a.aill.t ahrubbery in whicb pera~ C&Il hide. Th& ~r. wanted the hed.e a llliniDm of 4' and treated ,aa part of the livina apace. The _bar. wanted .00000thill. on the outside of the fence. The _bars ezpr....d concem ill that the area has the potential t~ bac_ a depr..aed area. The Board rec~ded that c~ideration be aiven to uaina a chain link fence with Boulanvilla. Hoae bib. were w..utecl for lII&iIlt_ce. Hr. Wilaher felt the fence ahould be 4'. Hr. Mar.h aaid he wou14 like to retain the lap sidill. &Del not have'r-l-ll fClt" economcal r...ons. Hr. luaaner atated that theN' ~'U1l7, tree. ill the utility ..._ts ancl approval will be nM4"'~::MIn; KC.1It w.. concemad about the DOUDt of flat: roofiq azut, fel'U~iIaji,create-.. ..iIlt_ce probl.. Hr.. 1l1d.e naute4 " latt:lllao ktf Ifr.r Ir_tilan felt: it: 1fOIIl4 bec_ a lII&iDtenance probl_.. Hr. Mars1L.w_lJothere4 by the flat: faca4eJ the uddle roof: ba4 ..Dice. appearance. the tlla encla were in question. JJe rec -I,d_ .. nt o. 11.-.' 1D deptb accant:8Il by the vertical .cale which A-4...u.. ' ".voul4 1ne.. ',' to have the roof lIOn of an el_t. Jre .411ecl the' eave cfetaU ".. t!IUt;t ,'.. ", a.aiDat:' the ....of the bu11diDr &Del ._thiDa ".. neadedJ .. facia. .. ..; , treabat:~ IIr.Wll.her SUI...ted uailla the doon for a trea~t: or ai" woocl. treat.aGt:'. ....,,-. .hutt:er. were alao wIIUt:8Il fo~ t.ha wiDlIowa., "- AUG. contimaiD& the bcl4 waa another rec~clat1on. n. ~" . .~. "". .. ~ "' . - "'. . "," ;....... - - .. ""-, --'-'---':;:- - L ..... .--.....;~..~~;.....- .. So ~..,~", -.,~..:"~.'--~-, - --- ,.' ,~~ .,..... , ." ;"' 1.........1; . , I , I i , ! , . MINUTES , Community Appearance Board - draft , Harch 9. 1989 Pal.' 4 Th. ale unl~:vtU be OIl the inside of the court yarda. Mr. ltU8suer's c_t.' vent, ..atiomMt. The ~n felt briSht colon would be accepUbl...,,'~, roof: i. ara" and: the _ben SUSlested 3 or 4 color patterns . There are 11 different buildinss. In s_Uon. the Board ba4 the followinl comment., 1. add soa. type of treac.nt on the 1-sto~ buildinl.J 2. add detail OIl the windowsl 3. the landscapinS wa. acceptable Hcept the Board would like landacapins around the fencel 4. the applicant. ar. to take Bob's comments into considerationl 5, ,the lishtina i. to be indicated on the landacapins plan. 10. DEL AIlUl - CLUBHOUSB LIVB OAK BOULIVAllD MAn SOSNOWITZ .. LANDSCAPING Represented by Kark Sosuowi tz. The chanses were made as requested by - Nancy. Hrs. Ridle IIOved to approve a. presented. Seconded by Kr. Jfanh. Th. vote wa. .. follows, , "'~ t.o_ I Kimberly RidS. Yea ,'ii J1mSmith Yea Kark Karsh ' Yea "'r!~. .",' Richard Eckerle Yea Willi.. Wilsher Ye. U. PAUt TRAIL YACBT CLUB PLAN CIt 2/16/89-5- 815 PAUt TRAIL ANN! TAYLOR 265-2660 WALL Represented by Anne Taylor._ The wall is not complete. It w.. mentioned the wall i. Histins and soa. of the holes have been filled in and the stucco will match the buildins, Also. the owners want to close acces. to the pool area with a sate. Hrs, Ridge IIOved to approve the wall as presented to match the Histins and with a self-latchins gate 48" min1D= frOll the srade. Seconded by Mr. Smith. The vote wu a. follow., . limberl" lid...." Ye. JiaSai,~, ," Yea Kark Karsll-' Ye. Ann PearsOll ' Yea , Willi. Wil.her Yea 12. CRACCHIOLO GROUP PLAN CIt 2/23/89-'1 2915 soum COHGUSS AVENIlB DILIlAY AWNING INC. 276-5381 TWO AWNINGS OVER GARAGE DOORS .~ " "C~' ""j t\-, ---',:....:\"'.~_... ....... i ---. -.- -...- -- .. .. .-.- .. ,jf~,-' -'- " ." .'. ~.. ' ."- ", ,lo: '" : w~. .~ I . I ,. '. i :';!- ! I i ! , , MEMORANDUM TO: WALTER O. BARRY, C~A~ER_ 0 FROM: FRAN~I OR DEVELOPMENT SERVICES GROUP SUBJECT: SITE ~ DEVELOPMENT PLAN, DIAMOND JIM'S MEETING OF MARCH 28, 1989 - -- DATE: MARCH 22, 1989 ACTION REQUESTED OF THE COMMISSION: The Commission is being requested to approve, subject to conditions, a site and development plan for Diamond Jim's, a gourmet catering facility. BACKGROUND: This proposed use is located on South Federal Highway (SE 6th Avenue), just north of Mayfair Plaza. A new single story, 7,000 sq,ft. CBD structure is involved, Please refer to the Planning and Zoning Board's staff report for more background and project analysis, The Rio Del Rey Shores (Property OWners) Association has made inquiry and requested certain design considerations, Most of these items have been accommodated. The Association was represented at the Planning and Zoning Board meeting, While the project is quite straightforward, it does present one unusual problem, This deals with providing security between this commercial area and the residential neighborhood to the east. This has been addressed by Diamond Jim's committing to building a wall extension along its north property line. The City and the Rio Del Rey Shores will work toward getting the wall extended to the building on the north. 'PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on Monday, March 20th, the Board recommended approval (4-0) of the site plan, subject to conditions. The condition dealing with the north wall may be revisited in ninety days in the event that efforts to complete the wall conne~tion to the adjacent property fail, The conditions of approval are: 1, The "beefing up" of landscaping in fit"ont of the west elevation (CAB), 2. Compliance with ten comments are contained in a critique memo from the city Horticulturist (CAB). 3, Proving of typical sections along the north and south property boundaries, These are to show how drainage willtretained on the site. .t.c. 4, Recordation of a "Unity of Title" prior to issuance of building permits, 5, Recordation of "limited access easement", in favor of the City, for the frontage along S,E. 7th Avenue " 1.-10 To: Walter Bal , City Manager Re: City Commission Documentation Meeting of March 28, 1989 Site and Development Plan, Diamond Jim's Page 2 6, That the east wall be constructed early in the construction process. 7, That the Aerca Palms along S,E, 7th be preserved, 8, If any Aerca Palms are to be moved, that irrigation water be provided east of the wall. ~ 9, That the boundary wall be extended westerly, along the north property line from S,E. 7th Avenue, This condition may be revisited in 90 days in the event that an arrangement to connect the wall to the building to the north is unsuccessful. . " , RECOMMENDED ACTION: By motion, approval of the site and development plans for Diamond Jim's based upon positive findings relative to the "Standards for Evaluating Site and Development Plan Applications", the granting of a waiver to Section 102.21(C) to accommodate a reduction of right-of-way along,S.E, 7th Avenue, a commensurate waiver of sidewalk requirements along S,E, 7th, and SUbject to the conditions as recommended by the Planning and Zoning Board. ( A c<;>PY <;>f the P~anning and Zoning Staff Report is available for rev~ew ~n the C~ty Manager's office. - PLANNING 8 "ZONING BOARD CITY OF OELRAY BEACH f --- STAFF REPORT --- tEETING o:JTE: MARCH 20. 1989 - - AGENDA ITEM: IV.D CONSIDERATION OF SITE PLAN APPROVAL FOR DIAMOND JIM'S ON THE EAST SIDE OF S.E 6TH , ITEM: (NORTHBOUND FEDERAL 1M.). BETWEEN S. E. 8TH STREET ~ S, E, 9TH STREET. . . GENERAL DATA: Own.r.............................~tr L. Torelll Optioaee........................J.... GiDe.1 A;.nt...........................Jack J. Hawk J_ J. kwk ArchU:ec:ta toc.tlon...........................t .ide of S.E. ,~ Avenu. IllorthbouncS Federal BiVllvaYI, botwwen S.I:, 8th Avenue and S,I:, ,th COurt. Property Slz....................0..2 Acrea (27,000 Sq.ft.J City LaD4 u.. .1&a..............C Ceo..ercial) City ZOD1ng.....................GC (General Commercial) AdjaceDt ZOn1Dg.................~rth and SOuth of the sUbject ' P1'_rty h &0ne4 GC. Kan 18 aone4 a-1M ISinvl.-raaily 1lw11inv Dhtrictl aDd _t 18 aone4 SC (SpeciaU_-=ul1 Exiatlng Land u.................Vacant Laud ProPOSed LaneS U..,..............A 7,000 .q.ft. 4ell aDd catering facility with a retail 4iapl&y are.. Wat.r S.rvic.................,..ZXi.tinv 12" wat.r ..in located .... the e..t dele of S.I:. 8th Avenue (Northbound recleral HiVhvaYI ITEM: Xl. Z Sewer S.rv1c....................Ix1.t1nv 8" sanitary .ewe~ located on the ..n dele of '.1:. 7th Avenue, a4jacent to tile .ut property line, , L~ " " - .-....- ~. ;," [, I ~,...,:.~".. .--.,.... , . , ~,-~ ;:.. ~ I - ~\ I ,.]",.:;. -, 1 i . 1 . ...: " , , -u , ;-..;:;~-- - ~ 'j I' ~ ~~ . I I'; , "'... ,11 " U . u-... ~~~, '1~' ,~ I l'iC;:Z;; ,~..d.. t . 'po "' I :~-~ : . ~~ I ( ,~~~I ~ ~~i I '\ 1"[ l ( , ~~ h_~4~ , I~~.,,'t~.,- · 'I 1 " .. " - . .'~:~ " , . ;t ., . . ,. ;',: 'li' ~ . ~ 4-, ~'~ . f u. , ~ ' . -- . ----"T'.-,. . r--- '. ~. . /"', '.'~~3 ' " r ~ .. , .. .' II, , .......,1,. , '.... , . I ',"f3 -..-..-.-.-. ..-.. I I ~ ~Oic;l~ , ' 1 .. '" ' .; , ,'" .,', j ~ ~.' . ; '~I , . , , , >1" ! , I I :.1 . .. -.: , l- i 'rt I' OJ. ", i I t"" I . i ~ . " .( ,0 ..s , , . . . :~,-;,;. , , i I . 1 \il .. ! ... ." ." i , ; i I , . , . i I, i '4 . , ~ ". " j 1- . 1 * 1 ti , I :.. ..,., I " . " ; ... 0 .. -.. ,\ ! - , .. ! ! , I , ; I I I 1 I I: " , I' ( ~'... '. .;.....~:.',:,~.'" 1 . I .,' ," "",,- ( '.,.., . '. . .', ~. . ~""""'; r,' '.' ",'..,', ',' C:;:::",'l.. I : l--..::::J' ',,'1-' " ' '. . _..... ,': f"'''' , ' f"(4 - - - ''',~j~-;'''' ,40 I.~! jO~:;t-7:~(iI;ii'G.:;-\~~,:,i-. "';..P' . , '.. .,.. . I ";, . ..... . '\i . , ...~ ,. 1 ..,.C~I 1i , - . -. r ~ - ',..,... "--'--- .- -, ..._,. -- ---. ", . -.-.. . ..:",~" . --- '- '. j!~~,..;.--...... " . I t , : - r ( >, I , ~'.' - ~' '" ::. ~ M [, lil tJl >< - :r: ~ E-o E-o ~ tJl " >< ~ lil t' ClII E+ ~ U . ~ U 0( 1::1 ~ 0( c.. :E .... ~'tJl :r: < u U tJl ~ ::: t.:l <:: ~ u z r.: 1::1 0<: .... ell - :I: lil :.: e:: u c:l 0:: C 0( < ~ ~HII' lil I-t !Ir. .~.,: "', " _ ~t,::.:;.t - i gj ~., S.,' " ,'~'/ . GQ '".....\ t lil 14"I-t, '*4 Q ~ ar.: ~1. . " ClII 0( gj E-o ::; " tJl I-t lil Z - III c Z '::E lil 0( ~ I-t E-o lil :If (/~. ., I-t := ,E-o ~ . III E-o '. - Q U . gj Z I 0 Z lil Glilo , ~ t.:l ~, ~ := , I-t E-o , . , ~ tJl !' C lil ~ C :I: . U K: 0( c ra :I: z 0( III , >< 01 lil tJl >< tJl :I: 0:: ~ E-o 0 lfl ~ ~ '" E-o 0 lil M lil U Q .... ><- ii ~4 : ~' .'~' c" . ....>- - .- .~ -- - - '. "-"_-'-0 - - . _____ 0_. ~..:::= .-----. - ~ - - .~,~~~.. . ?-~ . -, ......... , - - 1~ -.;:lit-.; ,;................. . . i, I , t, MEMORANDUM TO: WA~~RRY, ~",,--MAN:~ER FROM: FRAN R. SPEN1:, DIRECTOR DEVELOPMENT SERVICES GROUP SUBJECT: MAJOR MODIFICATION TO A CONDITIONAL USE TO ALLOW BOAT RENTALS AT DELRAY HARBOR CLUB - - - MEETING OF MARCH & 1989- DATE: MARCH 22, 1989 ACTION REQUESTED OF THE COMMISSION: The Commission is being requested to approve, subject to conditions, a major modification to a previously-approved conditional use. The specific action would accommodate the continued operation of Eagle Boat Rental at the Delray Harbor Club. BACKGROUND: - In 1981, the City approved a conditional use application for the establishment of the Delray Harbor Club Condominiums, The property is zoned S.C.; the residential use is allowed as a conditional use. A condition of approved prohibited the operation of commercial boats at the project's marina. Over the past year, Eagle Boat Rental has been operating in the marina under a lease with the Condominium Association, Upon discovery of the above described situation, the Association was required to pursue legal establishment of the use through a formal modification to the previous conditional use action. Please refer to the Planning and Zoning Board staff report for more details. PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on Monday, March 20th, the Board recommended approval (5-0) of the ~u..e~J subject to conditions. There was one letter of support and one letter of opposition. There was pUblic testimony from two individuals in addition to the applicant in support of the request. The conditions of approval -are: l. Parking for users of the boat rental should be restricted to the designated guest parking area. 2. That no more than five (5 ) boats be allowed in operation. 3. That an occupational license by obtained from the City. 4, That a permit be obtained from the Corps of Engineers for the floating dock, RECOMMENDED ACTION: By motion, appprova1of the requested modificatio~ .to the existing conditional use approval subfect to the cond~t~ons as recommended by the Planning and Zoning Board, A copy of the Planning and Zoning Staff Report is available fo'r review in the City Manager's office. ~'1 PLANNING 8 ZOI . LNG BOARD CITY OF DEL RAY BEAO-f !:~~-~~~ --- STAFF REPORT . ~,,"'j,'~ .~ tEETIN; ~TE: KAa.~ 20, 1989 AGEJIUt ITEM: III.C CONSIDERAnON OF CONDlnONAL USE APPROVAL TO ALLOW A BOAT RENTAL FACILITY AT T\ ITEM: DELRAY RAlUlOR CLUB ON THE EAST SIDE OF FEDERAL HIGHWAY. BETWEEN LINTON BOULEVAlU, AND S.E: 10TH STREET. \ . \ 2 .- .- , .0 . . . , . GENERAL_,DATA;__ n .~....- owaer...........................Delrcr !arbor Club AgeDt...........................1urt 1011eda Eaqle _~ Rental Location........................Ea.t aide of northbound Federal - H1qhvar. be_n Linton Blvd, , aIl4 S,Il. lOth Street. APproxiJlatelr 300 feet south of S.Il. lOth Street. Prope~ S1z....................3.74 ~ City LaD4. V.. .1aIr... ...........C (c:c..zc.1al) City rftftt~..;.~................SC (~4.'t&ed ea..arclal) MjaceDC 1on1n9................. .Horth of the .eject property 1. KDaVl.. park vh1ch 18 zcmecl 1.-1>>. (s1Dqle-r-1lr Dwelllq Dlstrict). SOUth 1. e F.I.If.D. (Florida IDlaa4 lIavlqatloa Dl.ulct) property which 1. zcmecl CI' ((' 11''':r FaclUtie.). EalI~. across tbe Inttaceastel Wa~erwar. ls z......s I.-lAM. We.~ 18 zone4 se. ~~9 Land u.................A 50 UDit ~n1um, . 40 .lip JKrlu aD4 a fuel dock. Iropoaed Land u.................Io addition to the aboYe ua... ITEM: ;Pl,~ the l'entlllq of , boaU ranqinq 111 .1ze fraa l' f~, to 32 f~. Water Servic....................Ex1.tLng on-.ite sewer ..rvlce...................IX1.tlDg on-.ite .. -:....-. - '(' ,- - . ...-.-.- .-,.. ,.., ._n___ .-r~ ._~""~.., _w_O,,",- -- --.- .~ y~ ..;---.- \ . j , .... if> I - I -'--l . '$ .. - " " .., ~I! . ~ CI)' :2 " 10, COlCDITIOlWi USI APPROVAL D!LRAY IIAUOI CLUB 1" - 300' :G . \U ~",. \!) . . 5&'~t7 ' l.Il! , , 10 I , .' 1 .' , , " 3' . - 22 . --=- J'Z \y '28 ~ I.A^ 42.41 - 1011..1.. ., ~' 1 ,- 14 " r , \ , \ ". / r ,; :. 31 15 , . \ ~ .- .. ! I .. ------ --. -.. _n _ ~.' '. - , ~. -;~:\1.."'.;)~._... -.-.. ". ---. ~ ..--- _. '.....:~~.. -,_. , - . -._.. --- -_.~~.- . :,'~ '~ .. " . '''-,.,'. . '., - .',.,. . --"-."--:,~~...::,..... -,,:--~ ..-.-- ,- .. .~. ~~". . . I I , i j , fN-rR,(~~AS rA(... tJ""'r~IC<')A-Y '------_.IJ. . . . . .' . 1 " . . . IH .'; . . . . ,1' . r . . . . I I . I . . ": . . \ .. I I . .. . i, . .1 , VI " " . ,." " . . . . III I I . , . . I, I I .... . ,.... i . . ~II' ~ . .. . . i \ I . . \ nl:ir. liS "'NI~YIi'I i Iii . . . . ~P'I .i i '. "1 . . . , . rnT~tl;' , . . "I . I..... .", u 1ft . '. ',-j.,.,. M. M, H'O . :,1 ~ll,~~'; Iii, I '.., , ' u~'1 . I l I i I I I i . , f I .. I , 'IJO. " - 'l!l!f I ~ : , it - ~'- ~11!1;1 '.-il!r-......-- j I r- 'll f' I I . W' bl I a, I, ' I ~ &. .u I I I 1 ; ~Il . . :'A"" ' I " " j\'" I -:..dr "" ~ ' . .. ~ lit.' I I," ftl I la " I ' , / . ..,.... ....~- t ~~ t...... ::>_~ ................ ~c;>-5> , 'J '--' .. I ..----- ~ -- - -, . ,------. -.:..~:::~:__~.,_h ..-.-.. "_" ___.n,_.. ~- ,- :-, .- 'C,,,.,.. ' .' ,- . 7""- -... ~ . ....'. . .-: - '~:.,~ .:St-'" 'j': . . I ! , ! I I I . i I I , MEMORl\NDUM TO: WALTE~A~Y' C~~NAGER /! .,-"-. FROM: FRANK. SPENCE, OIR CTOR OEVELOPMENT SERVICES GROUP SUBJECT: INITIATION OF ANNEXATION WITH S,A.D. ZONING (THE EXTRA CLOSET) ---- MEETING OF MARCH 28, 1989 DATE: MARCH 22, 1989 ACTION REQUESTED OF THE COMMISSION: The Commission is being requested to initiate an annexation and initial zoning of private property. Formal Commission action is required because: a) The City is "calling in" the obligations of a water service agreement; and b) The City must affix a City zoning designation upon annexing any property. The private property is called, "The Extra Closet" and is located on the east side of Military Trail, just north of the post office. Initiating consideration of annexation and zoning does not bind the Commission to any specific action at a later date. The item will be formally processed and reviewed by the Planning and Zoning Board prior to final action by the Commission. BACKGROUND: This property was granted a water service agreement in 1987, Terms of the approval of the agreement called for an amendment to the Land Use Map from Single Family Residential to Commercial and this was done.' They also called for inclusion of "mini-storage facilities" to the GC zone district, This was not done; in fact, the use was intentionally excluded from the Code and further, it is a use specifically prohibited by the Land Use Policy Guide. A third aspect of' the water service agreement called for annexation. , The third step has not been completed, presumably since the use is not accommodated in the GC zoning district. Not Withstanding this circumstance, it is appropriate that the annexation be consummated, Because of the this unique situation, the most appropriate zoning designation is that of S.A.D. with the use and site development restricted to the site and development plan as previously approved by the City Commission. PLANNING AND ZONING BOARD RECOMMENDATION: The Board has not specifically reviewed the item (initiation of annexation and zoning) before the Commission. However, proceeding is consistent with directiQn in the Annexation Program . of the Comprehensive Plan. The Board will specifically review and provide a formal recommendation on the annexation and zoning following its public hearing which will be noticed to adjacent property owners. ~ RECOMMENDED ACTION: J I . . ' By motion, initiate the annexation of the Extra Closet, pursuant to terms of its water service agreement, with initial City zoning of S,A.D., said S,A.D, to be based upon the site and development plan previously approved by,the City Commission. Attachment: ?--'1 - location map f I I ... , I t:c ^,. .rlll"...lJ.......tI.j i :; '... ... , I: -III .. ~ i - :&' " N I <( 0 . ,... : Z N I " . ~ C . CC, I :2 - II . Ii 0 . . . . t , 5 U .. )0 ,... , IE III a .. ~. . (I) No' ~ I, , Z J ~f' . c :::l . ~ ~ 0 0)0 u ~c . It ZQ: . -... 'i , fl!f lI! z i ClI (I) % z 0 . I Z - I C .. . . :2 .. I . - i U . )- III .. IE (I) ~ D , Z lit :::l i I 0 u -- ".. \ ENGINEERING DEPARTMENT MEMO.R.ANDUM TO: Walter Barry City Manager THRU: Frank Spence ~ Director of Development Services FROM:)1I0c....Gates D., Castle, Act~ng C~ty Eng~neer DATE: March 7, 1989 SUB,TECT: Atlantic Avenue Beautification - Phase II Based on Commissions' February 14, 1989 decision to change tree types on part of the project, Sasaki has requested authorization for additional services. The Work includes changes to electrical and irrigation plans as well as lay- out, Additional cost is $ 2,200 plus reimbursables and represents an extra to Sasaki's design contract, After a review of Sasaki's contract and the status of the plans prior to Commissions' decision, the request for additional funding appears valid. Please let me know whether you wish to authorize the work or have it sent to Commission, Funding is available in the 1987 Utility Tax Bond Issue to cover this additional expense, itl...~- /Z(,,/ ;) /~-v.<--v4i"~ i-vI c".... o~, . GDC:kt v' /.... 7- ,'h-<^-:z-,,"""l--"?'OU; I~ ~ wefv~~ ?L.ct~r'-b~ '~,v-<;-/:t ~ ~ G.-............,,:~ Cc~/----'~ <"7 J/~ '5", , T- . ; t I i . I i , 1 , . , l . , ~ ; I 1 . . . , . 30 . , j I ! 'I , Sasaki .sociates, Inc. lr"lbl)(lItdlliJlIIII,l111;11 ,r, I; Jill( [)l '~I'~:l February 24, 1989 Hr. John Walker Engineering Department City of Delray Beach 434 South Swinton Avenue De1ray Beach, FL 33444 Re: Atlantic Avenue Beautification - Phase II Delray Landscape Revisions - SA 6540.15 Dear John: In accordance with the City Commission directive on February 14, 1989, Sasaki Associates requests authorization to provide additional services for the above referenced project. The services include the following: To provide City requested design changes to construction documents in order to complete Phase II of the Atlantic Avenue project, This includes changing the landscaping between 5th and 6th Avenues which affects the materials and layout plans, planting plans, irrigation plans and electrical plans as well as coordinating the changes within the design team, These changes will be incorporated onto the 75% construction documents, The final product will be a revised set of documents ready for construction, The fixed fee for performing the above services is $2,200,00, to be paid upon completion of the work and acceptance by the City, Reimbursab1es are estimated at $200,00. The terms of this agreement are in accordance with our prime agreement dated, March 18, 1987, 4649 Ponce de Leon Boulevard, Coral Gables, Florida 33146 305/6611346 Fax 305/284 8016 'I,' " i I.! 1-.) 617/9263300 Fax617/924274B "-1 '1.22 ~nB() Fux 214/954 0687 .. . i. ! , . . j 1 Sasaki! Jeiates,lnc. Mr. John Walker Re: Atlantic Avenue Beautification - Phase II Delray Landscape Revisions - SA 6540,15 February 24, 1989 page two If you are in agreement with the terms of this letter, please sign and return one copy as acceptance of your authorization to proceed, Please call me should you have any further questions, Sincerely, /A- Ian A, Nestler Senior Associate 2468A/bw Attachment: Letter In Duplicate cc: R. Rogers J. Barry AGREED AND ACCEPTED: AUTHORIZED SIGNATURE FOR: CITY OF DELRAY BEACH DATE Z . v:;-tIf DATE . , , , ; I . . ! j " ; '; I . ! i, 'j . . j , ! ~ ---...:."-...,..::1; .1-. ..... ~ _..~:::A;.:..:..:.::.:..;..::~._. MEMORANDUM TO: WALTER O. BARRY, ~~ MANAGER FROM: FRAN~-SP~cr DIR 5~ - <- DEVELOPMENT SERVICES GROUP SUBJECT: FINAL PLAT FOR D,B.O. ACRES . . (PROPERTY AT LINTON AND S.W. 4TH AVENUE) MEETING OFMARCH 28, 1989-- DATE: MARCH 22, 1989 ACTION REQUESTED OF THE COMMISSION: The Commission is being requested to approve the final plat for D.B,O. Acres, This is the final step in the development review and approval process for the Burns development project which is to include establishment of gasoline/convenience store on one parcel and a Kentucky Fried Chicken on another parce 1. The balance of the overall site is to remain vacant. BACKGROUND: This property was annexed to the City with GC zoning in July, 1988. A site and development plan for the first two projects (Exxon, Kentucky Fried) was approved on October 11, 1988. A condition of approval of the development plan required platting. The preliminary plat was approved by the Planning and Zoning Board in September, 1988, subject to conditions. Those conditions were met in the submittal of the final plat. PLANNING AND ZONING BOARD RECOMMENDATION: At its meeting on Monday, November 21, 1988, the Board certified the final plat as being consistent with the previously ?pproved preliminary plat. However, City Commission action was to follow receipt of approva~ ' from South Florida Water Management District. Those approvals have been received and the final plat is ready for action by the Commission. RECOMMENDED ACTION: By motion, the granting of a waiver to Section 172.17(A)(3) which accommodates a reduction in sidewalk width to meet existing conditions to the south and approval of the final plat for D,B.O. Acres. , , I A copy of the Plann~ng and Zoning Staff Report is available for review in the City Manager's office. 31 PLRNNING 8. ZONING BOARD CITY OF DEL RAY BEACH --- STAFF REPORT - -- MEETING OATE:~I~~8" AGENDA ITEM: EA ITEM: l),~,o, F,'{'I~\ '1>\~t , . ,- . /'" I Pl.'" otC) I ...... .., .. /'" ..., A~RS NA 'ONAL A-2 I ~-51; 1'-'.2 ~ I t . GENERRL DRTA: own.r...........................O.n Burn. Olc1-.nobLle, Inc. I , Agent.............'..............Kl.r.n J. Kilday , Kilday , ~.ocl.t.. I Developer.......................o.n Bu.rna Old.mobile, Inc. Locatlon........................southe..t corner of Linton Boul.Yarc1 and S.W. 4th Avenue, between S.W. 4th Avenue and , P,E.C. RAilroad Property Size,.,."..,."".",,5,72 Acre. (249,163,20 Sq, ft,) City Land Use Plan..............Commercl.1 City Zonlnq.....................GC (General Commercial) Adjacent Zoninq.................North of aubject property 1. zoned GC And LX (Light I Industrial). South 1. lone4 LI. Ea.t i. zoned SC (Specialized i Commercial) and We.t ia zoned SAD (SpeciAlized Activiti.. Distr ict) . Exi.t1ng Land U.................V.c.nt Land Propo..d Land U.................Automobil. ..rvice atation and c.r wa.h, . ra.t-food r..taurant and an offic. buildinv WAter Service...................Exi.tinq 8" water main on .a.t 81de of S.W. 4th Avenue ITEM:7Z ;l. Sewer serv1ce...................lnstallation of 11ft .tation and a 4" force main to be ext.nd.d to the south to connect with . ]" force main in the industrial development to the south. W fl :~~: . .... ;.;<. ~:::; f' .j.' 'r:~ '.... ,.. ~.:~, .:.;.; ~.". ::?: .~.,. .','''' '.'1 ...... ...... '::~ ~; ...... :~*~ :;.: :?;: ., - ~~-- O"'~7/j.d' ~-=:;'-.# --r., ' : ~~ - ~ . << ':"'~"-"~ -"-'''~''r ......11'_ ' ',,,,;:;--- -'4W~__:;'-:l" " ; 'iil- - .....t___,.~_!!!....._,... . ,,- 'I --- _ _-'* - , . I ," ',l~ Lt ' . , '~, ~~- - , I ~ I _ , . \ ':,\ . '" , " , ~. ~ . - I J , ,~~ ~ ~~.~ ~ ~ ;f': ~ ~ ' , , - ", f "',.1 ~ I, ~ II !:l ../1 ~ I!; ~ II, ... ~ ~II ,1';'1' ~ ~1 ~~h'N ~ t I II , i ' ~ ~ 'I' ~ ~, , ~ '--l " I" ~ ~ ' I.N,N.,,. ~ ......., I' ~ J If . 1',\ ,~ " ~ ~ ,l.~ , , .. _ "~H~~ I." :~~~ ' ~;.. ~~ ~ I ~ i 12 ~ -,;~'~" . ~ I ~ " I .. ' , ~ -'''''''--.'"" .\ ~.. ,... 4t/iU.I I " , 'I ~ . _...!i ;1 I ~ I ' , . ~ , ~ I - -. ~ ~~ ; '" .. ' '- I~ . II' ~ 10, ~~ i ~ I ~ S~ I ~. ... ". hi ltrttp v ':\.""... l.-~- ....... ,.~ ..... .-.- "/.JI1'N , - n.: ':.",U.I,. .,;$~ I ' _'~ . '-";'1H5 [ _.._.'J, -'-jA/v.7AY.,. .. r '.~~'\:'~. , f 1 ~:", ~- . -- I I , i , . , , . CHANGE ORDER No, 2 Dated March 16 ,198~ Project No, Proj~rt # ~~~10~. Rid # 88-IOq.PO #I06Q85 Project Name: Homewood Boulevard - LandscaDinl! Owner: City of Delray Beach, Florida . Contractor: Jara Landscaping Company Contract Date: November 22, 1988 To: George Cyphers , Contractor You are directed to make the following changes in the subject contract: 1. Additions indicated on Attachment "A" 2. Deletions indicated on Attachment "A" 3, Allow for credits as noted in Attachment "A" , which changes are more specifically described in the, attached amended plans, drawings, and specifications, The reason for the change is as follows: 1.) Philodendron was ordered to be removed bv the Engineering Department due to obstruction of adequate sight distance, Required replacing Dlant materials with sod and low I!round covers, 2) Existinl! Queen Palms were relocated, 3) Additional Royal Poinciana was added per Mayor's direction at request of Lillian Feldman. The contract price and contract time shall be adjusted because of such changes as follows: A, Contract Price 1. Contract price prior to this change order: f2J. 72J. 91 Page One of Two Pages - -_.~_.- , ? , i, ,;.. ~,2- ~"d ,'..-,',;' / . -, ., ,'~ - . ( / ~.... 'I 7,,,;,' ..,'t..::" , ~ ' , "i;:' '''' ",' ~' , <~ 4-" )J ~.t. ..,. ' :J " _ _.L>C:f. ' ) ,,' ~,\.. '" , - CHANGE ORDER #--2- Homewood Boulevard - Landscaping 2, Net increase resulting from this change order: $1,555.20 3, Current contract price including this change order: $25,279'11 B. Contract Time 1, Contract time prior to this change order: Qn ,.al Dnl'la.,. <J!:lI]Tc! 2. Net increase resulting from this change order: 30 calendar daya 3, Current contract time including this change order: completion date 3-30-89 City of Delray Beach, Florida, OWNER By: Attest: , City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on fY'IA{2.C.~,\ dO ,198l. I understand that all the provisions of the Contract Document related to Project No. which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. Witness: (~ i;kUhl r;. , CONTRACTOR I By: fl); As to Contractor Title NIHART PUBLIC, 51 ATE OF FLORIDA. MY COMMISSION EXPIRES: AUG, .. 'tlh .ONDKD TNlllll" NOTAAY Pu....c UNDIl..,ur-.. .,. Page Two of Two Pages ..--. "'.. , . \' , \" \ ,* '~'" ,/ ~-;;.." ~. .,', fe". / ~ /:""'-',' .. I" .' ~:;:~;;:_-:';. ':-:":;'.: / ' -'!"'" :" ' ~ji:[:?:~:~~f ",..',- :'.'''''',:,';:. :>:~':'> /,1,-,,;.." :."~ I~A.f ~ ';j.! ]:~~{&tiLt~.L~' l~~:~;):.fT~~~" ';, :~f~~? ,-' . .C"'" ~ ATTACHMENT "A" Additions: 1. 120 Raphiolepis @ $9,25 $ 1,110,00 2. 1 Royal Poinciana 168,50 3, Sod 8,800 s.f. at .135 s,f 1,188.00 4, Relocation of 8 Queen Palms from the medians $25@ 200.00 $ 2,666,50 Deletions: 1. Delete Black Olive proposed on change order #1 $ 210,65 as change order was not processed before completion of landscaping Credit: 1, Credit for error in quantities on plant list. List indicated there were 27 Black Olives and there were only 26. $ 210.65 2. Credit for 460 Philodendron removed from the project due to conflicts with sight distance at intersections, $ 690,00 INCREASE IN PRICE TO CONTRACT $ 2,666,50 DECREASE IN PRICE TO CONTRACT 1,111.30 NET INCREASE IN CONTRACT PRICE $ 1,555,20 ----------- .------- , '~ t t : ~ ,.....;.:;::f, '5( ,.j<; ''':('.: 'i <}", '~: ...';.',-'~" " ,..'.: , //:, ~.. - ....,~~-..l~ .~:;.. '^ ,,,,j>~"'. ~'~:;,! --- . ';~;.{~~~:g:tt MEMORANDUM TO: Walter 0, Barry, City Manager FROM: ~bert A. Barcinski, Asst. City Manager/Community Services DATE: March 23, 1989 SUBJECT: Documentation - City Commission Meeting - March 28, 1989 Change Order #1 - B. K. Marina Construction, Inc, ACTION City Commission is requested to approve Change Order 11 with B. K, Marina Construction, Inc. in the amount of $ 17,800 for the Marina Finger Pier Replacement Proj ect, Funding is available in account #426-4311-575-60.99. BACKGROUND Consideration is requested for approval of a change order for replacing decking on Marina docks, removal and replacement of six (6) exitting dock piles, removal and replacement of five (5) dolphin piles, and boxing in pier pilings with logs and shields. This change is for additional work not part of the original contract ,~ awarded January 3, 1989, in the amount of $105,000, ~ )A marina inspection report was completed in January, 1988 by Coastal ~ / Planning and Engineering detailing the condition of the marina piers. ! I The report concluded at that time that the marginal docks were in good \<,\'''''' ' condition and were not included in the Engineering specifications. After the bid was awarded to B. K. Marina for $105,000, the marginal docks were found to have deteriorated and in need of replace~ent, The payment is being one half funded by a grant in the amount of $75,000 for the Florida Inland Navigational District. The cost break down is as follows: Original Cost $ 105,000 Change Order 17,800 Inspection Fee 7,500 (estimated) Fender System 15,000-19,000 (pending) TOTAL ESTIMATED COST $ 145,300-149,300 This change order has been reviewed and approved by the Acting City Engineer and Parks and Recreation Director. RECOMMENDATION Staff recommends Commission approval of Change Order #1 with B, K, Marina Construction, Inc. in the amount of $ 17,800, with funding to come from account #426-4311-575-60.99. RAB/sfd , _a_.__,_.. --_..- " " ;~; "t " ' '!;.,; ')' :: #:i: , " ~ ~:::\';:J ~ '~,- '~f ,iJ"':. W':'_'; :;Z.~:~:~::, , "~,, +;183 ;' ":~ .,~: ,', - :'.-, .(.... '. '~'!t " .".-{,~. ,:-~'~1 MEMORANDUM TO: Bob Barcinski Assistant City Manager/Community Services FROM: Joe Weldon~ Director ~f'parks & Recreation RE: Change Order #1 - Marina , DATE: March 23, 1989 Action The Engineering Department has requested a change order in, the amount of $17,800.00 for the finger pier replacement project at the City Marina to repair/replace the marginal docks at the North and South end of the marina as well as the dolphin piles found to be in poor condition. The method of attaching wood storage boxes to the concrete pier pilings has been modified to stronger lag bolts instead of nails. Background A marina inspection report was completed in January 1988 by Coastal Planning and Engineering detailing the condition of the marina piers. The report concluded at that time that the marginal docks were in good condition and were riqt included in Engineering specifications, After the bid was awarded to B,K, Marine for $105,000,00, the marginal docks were found to have deteriorated and in need of replacement, The payment is being one half funded by a grant in the amount of $75,000,00 for the Florida Inland Navigational District. The cost break down is as follows: Original Cost $105,000 Change Order $ 17,800 Inspection Fee $ 7,500 (estimated) Fender System $ 15.000 - $ 19.000 (pending) TOTAL ESTIMATED COST $145,300 - $149,300 Recommendation Staff recommends Commission approve change order and authorize the work. JW:jh REF:JW138 I-e~ a. .!....~..:.'...::.;:---~ "':..-:. ....~_. .- .-.......-. V t -.....-...................~_ ........ ~-:'./.:.;~h.:..:.///:/::._. J, \' :f::N!>" {4;:~:' , !j . ,~x"" ,', ',",...., _~ F:' ":" .: f;:.. ';':.." 1"';' ~ .. , 'V'.., ' 1983 ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: JOE WELDON DIRECTOR PARKS & RECREATION FROM: )J/:c..GATES D, CASTLE, P.E, ACTING CITY ENGINEER DATE: MARCH 20, 1989 SUBJECT: FINGER PIER REPLACEMENT - CITY MARINA Attached for your review is Change Order #1 for the subject project, Both the Consultant and Engineering Department have reviewed the proposal and found it acceptable. If adopted, this change order authorizes repair/replacement of the marginal docks at the north and south end of the Marina as well as those dolphin piles found to be in poor condition, Also, the method of attaching the wood boxes to the concrete pier pilings has been modified to stronger lag bolts instead of nails. please review this change order request and, if acceptable, set for Commission approval. GDC:slg , .u______ --------- .~ 0, _;J;, 1 , 1/" , .. CHANGE ORDER 1 No. . Dated ,198_ ProjeC!t No, 10-07--88-DB . Pr~eC!tName: FINGER PIER REPLACEMENT - CITY MARINA ~ I, . Owner: City of Delray BeaC!h, Florida Contractor: B.K. MARINE CONSTRUCTION, INC. ContraC!t Date:JANUARY 3, 1989 To: B.K. MARINE CONSTRUCTION, INC. , ContraC!tor I. You are direC!ted to make the following C!hanges in the subjeC!t C!ontraC!t: o REPLACE DECKING ON MARGINAL DOCKS AT MARINA o REMOVE AND REPLACE 6 EXISTING DOCK PILES, o REMOVE AND REPLACE 5 DOLPHIN PILES o BOX-IN PIER PILING WITH LAGS AND SHIELDS which C!hanges are more specifically desC!ribed in the attached amended plans, drawings, a specifiC!ations, The reason for the change is as follows: MARGINAL DOCKS, PILES AND DOLPHIN PILES WERE FOUND IN NEED OF REPAIR DURING CONSTRUCTION. NAILS ON PIER BOXES WERE REPLACED WITH LAGS TO EXTEND PROJECT LIFE. The contract price and contraC!t time shall be adjusted because of suC!h changes as follows: A~ ContraC!t PriC!e . }, Contract price prior to this change Order: $1 05 , 000, 00 Page One of Two Pages --- ------ -..-- "-- , Z:'-~ .:~ ~1 ~- < . ~ .,. -4 \, ;l, \ " . '~~1,~":..k> - ,- .', .'.... . ; -'~.. ';:"-:"'-.,. ".-,y.... ".",0.' _ '... ,"",.... . CHANGE ORDER j;--L- 2. Net increase resulting from this change order: $17,800,06 3, Current contract price including this change order: $122,800.00 B, Contract Time . L Contract time prior to this change order: . 2. Net increase resulting from, this change order: NO ("HltNf:F 3_ Current contract time including this change order: . City of Delray Beach, Florida, OWNER By: ' , Attest: City Clerk City of Delray Beach Approved as to form: I' City Attorney . The above changes are accepted on . 198_. I understand that all t provisions of the Contract Document related to Project No., which are Il inconsistent with the terms of this Change Order shall remain in effect and apply to all we undertaken pursuant to this Change Order. , Witness: . CONTRACTOR By: As to Contractor Title , , ,'? . Page Two of Two Pages . __u__ i, t ; "::' , 'if .:', - .-... MEMORANDUM TO: Walter 0, Barry, City Manager FROM: ~bert A. Barcinski, Asst. City Manager/Community Services DATE: March 22. 1989 SUBJECT: 'Documentation - City Commission Meeting - March 28. 1989 Bond Waiver Request - Hoover Irrigation REQUESTED ACTION City Commission is requested to waive bond requirements for Hoover Irrigation Corporation for the Golf Course Irrigation System Improvement Project with payments to be held until the project.,is completed, BACKGROUND Hoover Irrigation Corporation was awarded the cpntract for the Golf Course Irrigation System Improvement Project, The total contract amount with recently approved change orders is $ 63.616.64, In November. Commission authorized work to proceed, but withheld payment pending receipt of properly executed bonds per City Attorney and staff recommen- dation. The contract work is approximately 60-70% complete, No payments have been made to date. The contractor has informed staff that he is unable to obtain the required bonding, Performance to date has been good; work completed is aCCeptable. This request has been reviewed by the Purchasing Director and the City Attorney's Office. RECOMMENDATION Staff recommends Commission waive bond requirements for the Golf Course Irrigation Project with Hoover Irrigation Corporation. holding all payments until the work is completed and accepted. RAE/sfd II ~_,_._..~.. I ' ;~;':" ' ~' , ',:" ,'f. ,>:". ,1. ',:1>;'-' ":V~~' /':r'" '. ~ ..~,~. , . ~~:" 3 L/- '.-" - ':1/',:.'<" - """'.'. , -: .~.. :,<,. . .. . "'..,..:,::~Ii; .>->,.._..~. 'j, ",".~".'; ,. ;.'~'~' ~'t: ,: ;)~.'::~ :':~~:;:~':.: ',.-~,', :":. .;.~ ~~....~J,"~r..;'" " , MEMORANDUM RECEIVED TO: Bob Barcinski UNl14 89 Assistant City Manager/Community Services COMMUNITY SERVICE FROM: Joe Weldon Director of Parks & Recreation RE: Bond Waiver - Hoover Irrigation DATE: March 13, 1989 Attached is a letter from Brent Hoover of HOover Irrigation Corporation detailing why he cannot meet his bond requirements for the golf course irrigation project. Previously, Mr. Hoover advised that he was in the process of ' changing insurance companies and his bonding was delayed. Accordingly, the City Attorney's Office drafted an agreement (see attacped) that allowed him to begin work but receive no 'payments until a bond' was forwarded to the City, Now Mr, Hoover is advising that he is unable to obtain a bond for this project. The project is probably 60% - 70% complete and only lacks installation of the new pumps which Hoover is proceeding to order and install (see attached engineer's report), There has been no payment made on this project, I recommend that we waive the bond requirement with the understanding that there will be no payment until the project is completed and accepted by our engineer and that Hoover comply with the terms of the amended agreement and guarantee the equipment furnished and work performed to be free from defects for a period of one ( 1 ) year after installation and acceptance. Additionally, the cashiers check submitted as a bid bond will not be returned until the project is completed and accepted. Since the original contract amendment was approved by City Commission, this waiver will also necessitate their approval, Purchasing Division agrees with this approach, If approved, I will contact Hoover Irrigation and adv~se of the terms, Please advise. Parks & Recreation JW:jh REF:JW123 co: Ted Glas, Purchasing Director Jeff Kurtz, City Attorney ,,'!'; , t ','" ":~ :~..:.' : ):: . :;: .:l~ 1 ,,/' . ~;; ")/ . }1 . "", f,.: 'b ! ';::--./:'~r:. .'..~" ';-:;L~ 6 , ;H:E1VED MAR 0 6 1989 RRIGA TlON , 6 , I CORP. March 2, 1989 Mr. Ted Glass Director of Purchasing City of Delray Beach I 434 South Swinton Ave, Delray Beach, Florida 33444 '. RE: City of Delray Beach Public Golf Course Pumping Station Request for Waiver of Payment & Performance Bond Hoover Irrigation Corp. has been a bonded company since 1980 with it~ most recent performance bond issued January II, 1988, to Broward County f r the Pembroke Pines road irrigation project, , In June, 1988 we discontinued our extensive monthly required paperwork to maintain a current bonding status, This was decided because of the minimal number of jobs requiring bonds in the past few years and the extensive accounting requirements for the same, " At the time of bidding the above referenced job, we were not concerned about obtaining a bond because of our previous status, but figured we would wait until written notification of award. In July and August we were evaluating new Insurance Companies for our September policy renewal and change. In September we were notified of Delray's acceptance of Hoover for the project, At that time we requested all the necessary bonding paper work from our'new Surety, We submitted most of the paperwork and were told , after review, that everything was going fine, Around the middle of October you requested that we needed to get the bond as soon as possible so that the project could be started, In good faith I offered to allow the city to hold a CD in excess,of the contract and later agreed to a letter stating that Hoover would defer payment under the contract until the bond was issued. At this time our insurance company felt that it would only be a couple of weeks for receipt of the bond, On December 12, 1988, we were given "Notice to Proceed", at which time we started fabrication of the pump station skid assembly and control panels. After the Christmas holidays and many conversations between the Surety, Hoover and our accountant we still did not have our required bond, \Through oyr frustration of the Surety's continuing requirements it was de~med that'Hoover Irrigation Corp, would not be able to obtain a bond for this project, I 2620 N,W. 15th Court. Pompano Beach, Florida 33069. (305) 975.3420 --- , ,-:;" "i';::.;.:r: -~., . '.:~~~i'f ". ::r ~ Co': IR~ :,~~j; ':: " \,':,' t. ,:"');1/'; , "4\. , ," '(<'" ;;!(:j;;q}~: ,: iij!,;'<"::f:'~~'(:,~ , ..... - ',. "-.' .:J '.";~'+';:;.,. .. -,.:.~t.'~:Ul'.g.:." ':i'<._ ',; .: ,~ "0'''''' ._;;A -'. " '. .n'..., .-.."..'~;J",..' ,"__ Page Two Mr. Ted Glass City of Delray Beach I Therefore, we are requesting a waiver for the performance and ppyment bond required by contract. In consideration of your acceptance, Hoover is willing to withhold payment until completion of the project, Thank you for your consideration, Sincerely yours, HOOVER IRRIGATION CORP, ~~~. Brent Hoover BH:cm CC: Joe Weldon, City of Delray . # 2620 N,W, 15th Court. Pompano Beach, Florida 33069 . (305) 975.3420 "'4'" ._ ______ j>., ','" I' Xi;. ~', . ' '," , , .:",'. ...., ... .. ~ " , . . , . ,..' " . .......1 '.- l~,~, , ,~"., JI~\~\ ",.,':.'... . ',..,",'.'...,..",...,, "0'11': '0. J,-... ..,': I MEMORANDUM TO: WALTER O. BARRY, ~.MAN~:ER FROM: FRAN~~~ DI ECTOR DEVELOPMENT SERVICES GROUP SUBJECT: TROPIC PALMS ENTRANCE SIGN IN CITY RIGHT-OF-WAY MEETING MARCH & 1989- - - DATE: MARCH 22, 1989 REQUESTED ACTION: " The City Commission is requested to approve a request by the Tropic Palms Homeowners Association to place a free-standing entrance sign in the City's median strip on Lindell Boulevard west of Dixie Highway. BACKGROUND: The City Commission approved Ordinance 85-88, which amended Section 162.004, to allow subdivision identification structures to be placed in the City's right-of-way or medians with permission from the controlling governmental entity, The City Manager appointed the Director of Development Services to review the sign application and location subsequent to the City Commission formal approval and acceptance of the sign request to place said entrance sign in the City's right-of-way, per the City Attorney's suggested approval process. The Director of Development Services and the Occupational License and Sign Administrator personally visited the site on March 10, 1989 and approved the sign and location, providing that the location be 65 feet from the west edge of the railroad tracks, which would place it in the median strip halfway between two existing palm trees. COMMUNITY APPEARANCE BOARD RECOMMENDATION: The Community Appearance Board reviewed and approved the plans and sign at their regular meeting of March 2, 1989, A sketch of the sign is attached. The sign does comply with applicable City codes. RECOMMENDATION: It is recommended that the City Commission approve the installation of a free-standing sign in the median strip on Lindell Boulevard at the entrance to Tropic Palms subdivision to be located 65 feet west of the railroad tracks. FRS:DQ Attachment 3( . , """,-, " . , . " ~ '. " ~~Hr;,~ rGT:~~" " "\" CI~'( 11~'~'--"r""",'" " ' ,,,'" \ ':!" J .~ i b ~ ~ "lit' '.) .. '. I J If A )~. ~ r . , , '!:Sl-1CRAtlDUM Date; January }4, 19SJ To: Joyce A. Desormeau, Occ. Lic. & Sign Admin, From: Herbert W, A. Thiele, City Attorney" Subject: ACCEPTN,CE OF IND8.mIFICATICN AGRED1IDfIS FOR SIGNS ON CrT'l PROPERT'{ \Vi th regard to YO'.lr inquiry concerning the procedural requirements contained in Ordinance B5~83 which amended Section 162,004, it 1s our opinion that whatever goverrunental entity has the jurisdictional responsibility over a particular right- of-way or median should provide the permission for the sign to be erected at that location, and we should request that the person erecting such a sign provide the City with a copy of such a written permission, As to rights-of-way or medians which arc within the City's control, it would be my opinion that the City Manager's Office should make a determination as to which administrative division or department should make re':iew of these materials, and that these materials then would subsequently be sent to the City CommiiSsion for their formal approval and acceptance of such subdivision identification signs. If you would like to discuss this matter further, please contact the City Attorney's Office, /~, ,HT:rg ~ " ;)/ f, IJ,I . , .~) ad ~ ~ ;; ,'~ .' I' <;::1 -' 1~.-eJ 0 0 [" '\ ' ;; 'I ,~', i'1!' ' ", , I .... ~ {. "',' I ,; '0 I, ' .... ;... ( .j 'I ' .. no...... ' >i I '- q- ',- ..u ..,-,- ., ' '" J . ::.. '" '. It ,t; I ~.: :. :.. '. ,\ ' ::-. ,( 0 = -P.'" :.., r: ,,' '" c;: C> 1: 0 Il>'"'' I ' ~". -. +-'l> 0 -' XI r:-_,~I t'" - r: ,U", I ~ oP :!f-Iff .~-' I ,'" . t'i. .... j E;t^ C .' : w . -i: f.f t ,,/ ' I' ~ " ~ ~ ,~; 3 ::1"< u. t \_ ,-_ L._,:f = :<'~~ .- ;:;;:: c:";' I _ U ' .. ~.... <' ,;,' ,-;!;:~;> ''',' r-J ':::: ~ "U... : ~: rJ", ~'i;' .."; :11: . \~ it> ';', ~ : ~' ~;~ * ~i I' /: . . . '.' ., i" ," .. ,:; ; ;!;< ,-' i _ ..",..:,J to. -::: ;,.' ". '; ,,':': . I .... ~. .~ :.;3;:.J.~ I (, '- .. ' -" 1- ~ I ~.,.I'\ ..', ' .. 0 " c> L'oJell. 15/~d \jJ I, '. ,';' ", L&.I':':' ". ~ w"" . - ~-:. , 01\ '-:::: I ~~ ,0 ~ -J ' , " -~ " ~ I I~ ~ - d ~~ A ~ -: ~' . ! _~ '.. 1-1 : I ~, ~ J 1\) J:. . ------ ~ir "'~-tI- 'J \, ~~~] '~\ ~:>~ ',' "" \~, $"rt f! 3 -~{ - - '& i . , / '\, .---- \ -- ------- r- \ RESOLUTION NO.l2-89 A RESOLUTION OF THE CITY CO}rnISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO PROVIDE FOR ACCESS BY INDEPENDENT FREE PUBLIC LIBRARIES TO STATE LIBRARY GRANT FUNDING SOURCES. WHEREAS, the present provisions of Chapter 257, Florida , Statutes do not provide for access by local independent free public !i libraries to State Library operating grants and instead solely assist ~ County designated single administrative units and cities of 200,000 or more population; and, I 'I WHEREAS, the Delray Beach Library is an independent facility supported by the City of Delray Beach, which provides free public library services to persons residing within the City and also provides certain services to persons residing outside of the CitYI and, WHEREAS, the Delray Beach Library meets public library service I needs which are not directly met by the Special Library Taxing District 11 of Palm Beach County, yet is denied access to State funded sources of :1 library operating grants; and, II II WHEREAS, the continued development of pUblic library service in II Florida is dependent on adequate support from the State to encourage II quality service to every resident; and, II II Ii WHEREAS, it is necessary to provide independent libraries with " il fair and reasonable access to the State funding sources by direct grants " to independent libraries, so as to share fairly the State grant proceeds :j " with the Counties and Districts, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF DELRAY BEACH, FLORIDA: Section 1. That the State Legislature declare a policy to encourage the establishment and development of free library services i: throughout the State by providing grants to Cities, Districts, and , " Counties that maintain free public libraries, and that such grants not " " be limited solely and District designated exclusive library , to County 'i units. ;: " 'I Section 2, That the Legislature recognize the important role , played by independent libraries and declare a policy to promote, assist " , and facilitate the growth of independent libraries, rather than to :1 ignore or attempt to destroy said libraries, , " ii Section 3. That the Legislat\lre create State funding II new I' sources to assist all public libraries (regional, county, mun~cipal, and II independent) to continue to provide vital public library serv ce, I Section 4, That the Legislature is hereby requested to amend , Chapter 257, Florida Statutes, to create Public Library Assistance Grants under Chapter 257, Florida Statutes, to continue to provide vital public library service. Section 5. That a copy hereof shall be provided to the Palln Beach County Legislative Delegation, the State Librarian, the Secretary of State, and any other entity or individual requesting same. PASSED AND ADOPTED in regular session on this the 28th day of I March, 1989, MAYOR ATTEST: ., 3" City Clerk " r '-., ( , "J , r II RESOLUTION NO, 13-89 !I , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY ,I :1 BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF !I ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 10,0 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100,21 and 100,22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance wi th the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100,20, 100,21 and 100,22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100,04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of De1ray Beach would proceed to correct this condition by abating such nUisance, and that the cost thereof would be levied as an assess- I ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100,21 and 100,22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner (S)did request and receive a hearing, said prop- erty owner (s) failed and/or neglected to abate such nuisance (s) within seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirtY-five (35) days for violatio~ of 100,04); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) describefl in the list attached and made a part hereof and incurred costs in abating the Subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray I Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), , ~~ --_.~ "- i \ ',,----, " NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That assessments in the individual amounts as shown I by the report of the City Manager of the City of Delray Beach, involving i the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon, Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec, 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible, Section 2, That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3, That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of I , Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings ~ncluding a reasonable attorney's fee, Section 5. That in the event that payment has not been received by the City Clerk wi thin thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Sectio~ 6, That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form prescribed in Section 100,27 of the Code of Ordinances, shall be mailed to the property owner, PASSED AND ADOPTED in regular session on this the day of , 1989, MAY 0 R ATTEST: City Clerk - 2 - Res. No. 13-89 , . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION O\'lNER ASSESSMENT , LOT 8, BLK 15, OSCEOLA PARK, EMILIO & PATRICIA GARCIA $ 37.50 PB 3, P 2, PUBLIC RECORDS, HUSBAND & THFE 25,00 (ADM. COS'! PALM BEACH COUNTY, FL P.O. BOX 3215 (SE 2ND AVE) BOYNTON BEACH, FL 33424 LOT 9, BLK 15, OSCEOLA PARK, EMILIO & PATRICIA GARCIA $ 37,50 PB 3, P 2, PUBLIC RECORDS, HUSBAND & WIFE 25.00 (ADM. COS'I PALM BEACH COUNTY, FL P ,0. BOX 3?15 (SE 2ND AVE) BOYNTON BEACH, FL 33424 W 1/2 OF LOT 7, BLK 30, TOWN ALBE~T MARTIN $ 25,00 OF DELRAY, PB 1, P 3, PUBLIC MARYLIN S, BARON 50.00 (ADM, COS'! RECORDS, PALM BEACH COUNTY, FL P.O. BOX 41-4002 (SW 5TH AVENUE) MIAMI BEACH, FL 33141 S 67,1' OF W 130' OF N 142,1' WILLIE L.& ERMA J,WRIGHT $ 50,00 OF S 1/2 OF BLK 12, TOWN OF HUSBAND & WIFE 50,00 (ADM, COS'! DELRAY, PB 1, P 3, PUBLIC 106 NW 12TH AVENUE RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (9 NW 7TH AVE) N 100' OF LOT 4, BLK L, REID'S SOUTHEAST BANK $ 55.00 VILLAGE REPLAT OF BLKS L, M, & CHRISTIAN CARLSON, REC. 50,00 (ADM, COS'! N, PB 23, P 137, PUBLIC C/O JONES & FOSTER PA RECORDS, PALM BEACH COUNTY, FL 505 S FLAGLER DRIVE (218 VENETIAN DR) 1'1, PALM BEACH, FL 33401 N 1/2 OF SE 1/4 ,OF SE 1/4 OF L.& ANNA P. JOHNSON $ 25,00 SW 1/4 UNREC, LOT 12, SUB OF HUSBAND AND \'lIFE 50,00 (ADM. COS'! SEC. 17-46-43, PB 1, P 3 2805 MACON DRIVE SW *20A PUBLIC RECORDS, PALM BEACH ATLANTA, GA 30354 COUNTY, FL (917 SW 3RD COURT) LOT 15, BLK A, CARVER MEMORIAL EVELINA GAINER $ 47.,00 PARK SUB., PB 27, P 55, PUBLIC 245 NW 14TH AVENUE 50.00 (ADM, COS'! RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (245 NW 14TH AVE) LOT 19, BLK 1, ATLANTIC PARK ELDORA R. LAFLEUR $ 60,00 GARDENS, DELRAY, PB 14, P 56, C/O SHERRIEL M, TURNER 50,00 (ADM. coser PUBLIC RECORDS, PALM BEACH 485 NW 88TH STREET COUNTY, FL MIAMI, FL 33150 (47 NW 13TH AVE) LOT 10 (LESS S 8' RD R/W) & E VELMA A. BRUNO it150,OO 34.35' & W 98,15' OF S 24,88' WILLIAM F, KOSKIE 50,00 (ADM, COS'! OF LOT 11, BLK 2, SOPHIA FREY 520 m~ 14TH STREET ADDN., PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (655 NE 8TH ST) LOT 6, BLK 2, HOMEWOOD LAKES R.& T.CONST. ASSOC" INC, $ 35,00 SEC C, PB 44, P 196, PUBLIC 3489 NE 30TH AVENUE 50,00 (ADM. COS'! RECORDS, PALM BEACH COUNTY, FL LIGHTHOUSE PT, FL 33064 (SW 2ND ST) LOT 29, BLK B, TOURIST NOOK, DELVERNA C, RILEY $ 30.00 DELRAY, PB 11, P 47, PUBLIC /.31 NW 8TH AVENUE 50,00 (ADM. COS'! RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 8TH AVE) .. -3- Res, No. 13-89 LOT 36, aLK 7, OSCEOLA PARK, JOSEPH A. JEAN $ 20,00 PB 3, P 2, PUBLIC RECORDS, 202 SE 6TH STREET 35.00 (ADM. COS~ PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (202 SE 6TH STREET) , E 50' OF W 500' OF S 135' OF RUTHIE RUSSELL $ 30.00 W 1/2 OF S 1/2 OF LOT 5, SUB, 1610 NE 1ST COURT 50,00 (ADM. COS~ 8-46-43, PB 1, P 3, PUBLIC BOYNTON BEACH, FL 33435 RECORDS, PALM BEACH COUNTY, FL (NW 4TH ST) N 37,S' OF E 130,44' OF SHEDRICK & LONNIE FASHAW $ 25,00 W 155,44' OF S 1/2 OF BLK 12, HUSBAND & WIFE 50,00 (ADM, COS7 TOWN OF DELRAY, PB 1, P 3, SEMMIF. & DORIS TAYLOR PUBLIC RECORDS, PALM BEACH HUSBAND & WIFE COUNTY, FL 5650 WEST 163RD AVENUE (WEST ATLANTIC AVENUE) DELRAY BEACH, FL 33444 E 126' OF N 120' OF S 140' OF IVAL STIRRUP $ 25,00 BLK 12, TOWN OF DELRAY, PB 1, 602 SOUTH SWINTON AVENUE 50,00 (ADM, COS~ P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (WEST ATLANTIC AVE) LOT 1 (LESS E 10'), BLK 6, GENEVA JOHNSON $ 75,00 WHIDDEN'S SUB., PB 2, P 58, 775 19TH AVENUE S 50,00 (ADM. COS~ PUBLIC RECORDS, PALM BEACH ST. PETERSBURG, FL 33705 COUNTY, FL (WEST ATLANTIC AVE) S 26.8' OF LOT 1,.BLK 44, TOWN MARIE DUNCAN $ 15.00 OF DELRAY, PB 1, P 3, PUBLIC 43 Nl1 3RD AVENUE 25.00 (ADM. COS~ RECORDS, PALM BEACH COUNTY, FL DEL RAY BEACH, FL 33444 (NW 3RD AVE) N 11,2' OF LOT 2, BLK 44, TOWN MARIE DUNCAN $ 15.00 OF DELRAY, PB 1, P 3, PUBLIC 43 NW 3RD AVENUE 25,00 (ADM. COS~ RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 3RD AVE) LOTS 19 & 20, ELK 10, OSCEOLA WILLIAM N, LITERSKY $275;00 PARK, PB 3, P 2, PUBLIC 1 KENMORE LANE 50,00 (ADM. COS~ RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (904 SE 3RD AVE) LOT 11, BLK 10, OSCEOLA PARK, GENE & PAULA TARVER $ 35.00 PB 3, P 2, PUBLIC RECORDS, HUSBAND & WIFE 50,00 (ADM. COSO: PALM BEACH COUNTY, FL 931 SE 3RD AVENUE' (931 SE 3RD AVE) DELRAY BEACH, FL 33444 LOT 9, NICHOL'S 1ST ADDN TO RONALD L, APPMAN $ 35,00 DELRAY BEACH, PB 21, P. 69, 124 SW 7TH STREET 50,00 ADM, COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (124 SW 7TH ST) LOT 23, BLK 7, OSCEOLA PARK, IRENE & ARTHUR GRANT $ 30,00 PB 3, P 2, PUBLIC RECORDS, HUSBAND & WIFE 50,00 (ADM. COST PALM BEACH COUNTY, FL 610 SE 3RD AVENUE (610 SE 3Rp AVE) DELRAY BEACH, FL 33444 LOT 21, BLK 49, TOWN OF PAUL V, SCUREI $ 30,00 DELRAY, PB 12, P 86, PUBLIC 151 NE 5TH AVENUE 50.00 (ADM, COST RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (NW 4TH ST & NW 1ST AVE) LOT 21, BLK B, TOURIST NOOK, ROSS WISKIN $ 30,00 DELRAY, PB 34, P 235, PUBLIC 3680 FRANWOOD CIRCLE 50,00 (ADM, COST RECORDS" PALM BEACH COUNTY, FL APT 101 (Nw 8TH AVE) BRADENTEN, FL 33505 -4- Res. No, 13-89 LOT 9, BLK 26, TOWN OF DELRAY, TED JONES $ 35,00 PB 5, P 64, PUBLIC RECORDS, 220 NW 4TH AVENUE 50,00 (ADM. COS'! PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (220 NW 4TH AVE) , LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G, & PATRICIA ALLEN~'60.00 PB 12, P 87, PUBLIC RECORDS, HUSBAND & WIFE 50.00 (ADM. COS'! PALM BEACH COUNTY, FL 206 SW 2ND AVENUE (206 SW 2ND AVE) DELRAY BEACH, FL 33444 , PART OF LOT 9 DESCRIBED AS GENEVIEVE E, & $135,00 BEG, AT PT 136,95' N'ELY OF DAVID LEDBETTER 50.00 (ADM, COS'! SW COR OF LOT 9 THEN NE ALONG 2515 OCEAN VIEW AVENUE CURVE 86,11', E 68,75', S 100' DELRAY BEACH, FL 33483 W 72', NW, TOWN OF DEL RAY BEACH, ESQUIRE SUB" PB 23, P 43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (GERMANTOWN RD & SW 10TH ST) S 8 2 , 50' OF E 33' cOF LOT 5 & GENEVIEVE B, LEDBETTER $180,00 S 82.5' OF W 142.5' OF LOT 7, 2515 OCEAN VIEW AVENUE 50,00 (ADM, COS'! BLK D, SUNNY ACRES, PB 21, DELRAY BEACH, FL 33483 P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1210 GERMANTOWN RD) E 50' OF S 135' BLK 3, TOWN OF ARIDEEN CLOSE $200:00 DELRAY, PB 1, P 3, PUBLIC 13 SW DOLPHIN DRIVE 50,00 (ADM. COS'! RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL (NW 7TH AVE & NW 1ST ST) 33445-2321 LOT 4, BLK C, WEST SIDE HATTIE L.HARDWICK, EST, $ 55.00 HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 50.00 (ADM. COS'! PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET COUNTY, FL BROOKLYN, NY 11233 (37 NW 10TH AVE) LOT 23, BLK 13, DEL-IDA PARK CANES DORSONNE $ 65,00 HISTORIC DISTRICT, PB 9, P 52, ALLIANCE NOEL 50,00 (ADM, COS'! PUBLIC RECORDS, PALM BEACH 621 NE 3RD AVENUE COUNTY, FL DELRAY BEACH, FL 33444 (621 NE 3RD AVE) LOTS 11 & 12 (LESS E 10' RD WILLIAM JR. & $ 30,00 R/W), BLK 102, TOWN OF DELRAY, FLORENCE EMPKE 50,00 (ADM, COS'! PB 1, P 3, PUBLIC RECORDS, HUSBAND AND WIFE PALM BEACH COUNTY, FL 626 WEST DRIVE (102 SE 5TH AVE) DELRAY BEACH, FL 33445 LOT 4, BLK 11, SEACREST PARK, M.L.ROBERTS,F,W,ROBERTS $ 35,00 PB 24, P 33, PUBLIC RECORDS, & E.S, & D,L, STONE 50,00 (ADM, COST PALM BEACH COUNTY, FL 605 EAST 43RD STREET (NE 3RD AVE) BALTIMORE, MD. 21212 LOT 43 (LESS S 23' RD R/W) & BARRY & ROBIN GARFIELD $ 58.34 S 1/2 OF ABNDED PRINCESS BLVD HUSBAND & WIFE 16,68 (ADM, COS'! LYG N & ADJ THERETO; SANDS 0 P,O, BOX 430742 SEA, DELRAY BEACH, PB 21, SO. MIAMI, FL 33143 P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL (LINTON BLVD) LOT 44 (LESS S 23' RD R/W) & BARRY & ROBIN GARFIELD $ 58,33 S 1/2 OF ABNDED PRINCESS BLVD HUSBAND & WIFE 16.66 (ADM, COS'! LYG N & ADJ THERETO, SANDS 0 P.O, BOX 430742 SEA, DEL RAY BEACH, PB 21, SO. MIAMI, FL 33143 P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL (LINTON BLVD) -5- Res. NO.13-89 0, LOTS 45 & 46 INC" (LESS S 23 I BARRY & ROBIN GARFIELD $ 58.33 RD R/W) & S 1/2 OF ABNDED HUSBAND & WIFE 16.66 (ADM, COS' PRINCESS BLVD LYG N & ADJ P,O, BOX 430742 THERETO, SANDS OF SEA, DELRAY SOUTH MIAMI, FL 33143 BEACH, PB 21, P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL (LINTON BLVD) , S 50' OF N 207' OF W 135' OF B, J. PEAK $ 45.00 BLK 1, TOWN OF DELRAY, PB 1, 1500 6TH STREET 50.00 (AD~, COS~ P3, PUBLIC RECORDS, PALM W. PALM BEACH, FL 33401 BEACH COUNTY, FL (SW 8TH AVE) LOT 32,BLK 15, TOWN OF DELRAY, VERA GIBSON $ 40,00 PB 13, P 18, PUBLIC RECORDS, P,O. BOX 66 25,00 (ADM. COS~ PALM BEACH COUNTY, FL INKSTER, MICHIGAN 48141 (SW 6TH AVE) LOT 33, BLK 15, TOWN OF DELRAY VERA GIBSON $ 40.00 PB 13, P 18, PUBLIC RECORDS, P.O. BOX 66 , 25.00 (ADM, COS~ PALM BEACH COUNTY, FL INKSTER, MICHIGAN 48141 (SW 6TH AVE) LOT 7, BLK 4, CHATELAINE #1, HIGINIO GAGO $ 40,00 PB 29, P 95, PUBLIC RECORDS, 3530 BLVD. CHATELAINE 50,00 (ADM, COS~ PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (3530 BLVD CHATELAINE) LOT 2 & N 6' OF LOT 3 (LESS KENNETH C. & $ 70.00 W 5' RD R/W), BLK 74, TOWN OF PATRICIA K, RODE 50,00 (ADM, COS~ DELRAY, (OLD SCHOOL SQUARE HUSBAND & WIFE DISTRICT) PB 11, P 12, PUBLIC ROUTE 1 BOX 191R RECORDS, PALM BEACH COUNTY, FL HIAWASSEE, GA 30546 (239 NE 1ST AVE) S 44' OF LOT 3 & N II,S' OF KENNETH C. & $ 70.00 LOT 4, BLK '74, (OLD SCHOOL PATRICIA K, RODE 50.00 (ADM, COS~ SQUARE DISTRICT), PB 11, P 12, HUSBAND & WIFE PUBLIC RECORDS, PALM BEACH ROUTE 1 BOX 191R COUNTY, FL HIAWASSEE, GA 30546 (235 NE 1ST AVE) S 33' OF LOT 5 & N 22.5' OF JOHN T. LOUNSBURY $ 57.00 LOT 6, BLK 74, TOWN OF DELRAY, RICHARD & DONNA LEE 50,00 (ADM. COS~ PB 11, P 12, PUBLIC RECORDS, LOUNSBURY (H & W) PALM BEACH COUNTY, FL 8284 SE PRINCESS TREE RD (227-227 1/2 NE 1ST AVE) HOBE SOUND, FL 33455 LOT 7 & N 1/2 OF LOT 8, BLK 8, DUKENSON LIBERUS & WILSON $100,00 OSCEOLA PARK, PB 3, P 2, DENEUS & P. FRANCOIS 50,00 (ADM, COS~ PUBLIC RECORDS, PALM BEACH 730 SE 4TH AVENUE COUNTY, FL DELRAY BEACH, FL 33444 (730 SE 4TH AVE) LOT 11, BLK 67, TOWN OF DELRAY, GAY DISS $ 30.00 (OLD SCHOOL SQUARE DISTRICT), 1112 VISTA DEL MAR DR S 50,00 (ADM, COS~ PB 1, P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33483 PALM BEACH COUNTY, FL (NE 1ST AVE) LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A, COURT $ 25,00 PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 50,00 (ADM, COS'! PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (1012 NE 3RD AVE) W 125' OF NE 1/4 OF LOT 11 HELEN M. KOWALSKI $ 37.50 (LESS N 300'), SUB 8-46-43, 2604 S. FEDERAL HIGHWAY 25.00 (ADM, COS'! PB 1, P 3, PUBLIC RECORDS, DELRAY BEACH, FL 33493 o , PALM BEACH COUNTY, FL (NW 6TH STREET) } -6- Res, No. 13-89 " N 100' OF W 307.30' OF SE 1/4 HELEN M. KOWALSKI $ 37,50 OF LOT 11/LESS N 17'OF E 182.3' 2604 S. FEDERAL HIGHWAY 25,00 (ADM, COSo OF W 307,3' & E 155' OF N 71', DELRAY BEACH, FL 33483 SUB 8-46-43, PB 1 P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL ((NW 6TH ST) c THE PT OF E'LY 77,41' OF N COMMUNITY LAND CORP.ET AL $ 90,00 100' OF S 125' OF W 1/4 OF P.O. BOX 50001 50.00 (ADM, COS~ LOT 5 LYG E'LY OF 1-95 R/W, LIGHTHOUSE PT., FL 33074 SUB, OF 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 15TH AVE) S 25,7' OF W 1/2 OF LOT 7 & JOHN & JOANNE S, LEHMAN $ 55.00 W 1/2 OF LOT 8, BLK 59, TOWN HUSBAND AND WIFE 50,00 (ADM, COS~ OF DELRAY, PB 1, P 3, PUBLIC 7647 LAWRENCE ROAD RECORDS, PALM BEACH COUNTY, FL LANTANA, FL 33462-5704 (15 NW 1ST ST) , E 200' OF LOT 13, ESQUIRE, PAUL DE ARMAS $215,00 PB 23, P 43, PUBLIC RECORDS, 230 NW 1ST AVENUE 50,<l0 (ADM, COS'! PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (SW 9TH AVE) S'LY 22' OF W 119' OF LOT 9, DAVID C. LEDBETTER $ 45,00 ESQUIRE, PB 23, P 43," PUBLIC 760 NW 7TH STREET 25.00 (ADM, COS~ RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 9TH AVE) N'LY 38' OF W 119' OF LOT 12, DAVID C. LEDBETTER $ 45,00 ESQUIRE, PB 23, P 43, PUBLIC 760 NW 7TH STREET 25,00 (ADM, COS~ RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 9TH AVE) S 60' OF LOT 11, ESQUIRE SUB., D.C,& FELICE P.LEDBETTER $110,00 PB 23, P 43, PUBLIC RECORDS, 760 NW 7TH STREET 50.00 (ADM. CpS~ PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 . (SW 9TH AVE) E 159' OF W 658' OF SW 1/4 OF DEBRA G.LYNCH & A.R,JONES $ 70,00 LOT 8/LESS W 139' OF S 207' & & JOHN W,& LUCINDA NIEBEL 50.00 (ADM, COST) S 53' RD R/W IN SEC, 20-46-43, HUSBAND & lUFE PB 28, P 68, PUBLIC RECORDS, P,O. BOX 1616 PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425 (LINTON BLVD) LOT 2, BLK 22, TOWN OF DELRAY, EDDIE & YVONNE L. ODOM $ 55,00 PB 10, P 38, PUBLIC RECORDS, HUSBAND & WIFE 50,00 (ADM. COS~ PALM BEACH COUNTY, FL 3905 LOWSON BLVD, (SW 6TH AVE) DELRAY BEACH, FL 33445 E'LY 522,52' OF N 1/4 OF MIKE L. BLANK TR, $150,00 NE 1/4 OF NW 1/4 LYG W OF FIND U,S, GOV'T SPOIL AREA 50,00 (ADM, COS~ CNL R/W (LESS S 25'OF E 131,49' P,O, BOX 1245 OF N'LY 47' OF W'LY 53' FOR RD DELRAY BEACH, FL 33447 R/W, OR 2346, P 784), SUB, 28-46-43, DELRAY BEACH, PUBLIC RECORDS, PALM BEACH COUNTY, FL (MC CLEARY ST) (~,S, GOV'T SPOIL AREA) L~T 23, BLK C, RIDGEWOOD IRENE COX $305,00 HEIGHTS, PB 14, P 44, PUBLIC 1106 SW 7TH AVENUE 50.00 (ADM, COS~ RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (SW 7TH AVE) I -7- Res, No. 13-89 c S 3' OF LOT 10 & LOTS 11 & 12, EDDIE JR.& YVONNE,ODOM $125.00 BLK 43, TOWN OF DELRAY, PB 1, HUSBAND & WIFE 50,00 (ADM. COS' P 3, PUBLIC RECORDS, PALM 3905 LOWSON BLVD. BEACH COUNTY, FL DELRAY BEACH, FL 33445 (134 & 126 NW 2ND AVE) LOT 21, BLK C, RIDGEWOOD JOHN A. & $322.50 HEIGHTS,DELRAY, PB 14, P 44, CRISTELLA ORNELAS 25,00 (ADM. COS~ PUBLIC RECORDS, PALM BEACH HUSBAND & WIFE COUNTY, FL 2850 BOSTON COURT (SW 7TH AVE) LANTANA, FL 33462 LOT 22, BLK C, RIDGEWOOD JOHN A, & $322,50 HEIGHTS, DELRAY, PB 14, P 44, CRISTELLA ORNELAS 25.00 (ADM, COS' PUBLIC RECORDS, PALM BEACH HUSBAND & WIFE COUNTY, FL 2850 BOSTON COURT (SW 7TH AVE) LANTANA, FL 33462 LOT 29, BLK 1, SOUTHRIDGE, ROBERT ASSANTES $ 50,00 PB 13, P 38, PUBLIC RECORDS, FRED WENISCH 50.00 (ADM. COS~ PALM BEACH COUNTY, FL 2909 NORTH DIXIE HWY, (STERLING AVENUE) POMPANO BEACH, FL 33064 LOT 49, SUNSET PARK, DELRAY, ANAPE, INC. $ 87,50 PB 12, P 65, PUBLIC RECORDS, P.O. BOX 3215 25,00 (ADM, COS" PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33424 (MANGO & SW 10TH ST) LOT SO/LESS S 10', SUNSET ANPE INC. $ 87,50 PARK, DELRAY, PB 12, P 65, P.O. BOX 3215 25.00 (ADM, COS~ PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33424 COUNTY, FL (MANGO & SW 10TH AVE) S 26,8' OF LOT 1, BLK 44, MARIE DUNCAN $ 17.50 , TOWN OF DELRAY, PB 1, P 3, 43 NW 3RD AVENUE 25,00 (ADM, COS~ PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 I COUNTY, FL (NW 3RD AVE) N 11.2' OF LOT 2, BLK 44, TOWN MARIE DUNCAN $ 17,50 OF DELRAY, PB 1, P 3, PUBLIC 43 NW 3RD AVENUE 25.00 (ADM, COS~ RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 3RD AVE) LOT 4/LESS R/W SR 806, JACK VINIK $ 25,00 MYRICK'S SUB" PB 10, P 79, 950 NW 26TH AVENUE 25.00 (ADM. COS~ PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 COUNTY, FL (WEST ATLANTIC AVENUE) LOT 5/LESS R/W SR 806, JACK VINIK $ 25,00 MYRICK'S SUB" PB 10, P 79 950 NW 26TH AVENUE 25.00 (ADM, COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 COUNTY, FL (WEST ATLANTIC AVENUE) VIOLATION IS: SEC 100,01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE, . -8- Res, No, 13-89 , - :>.::;, , J ... ,'r, "~ -:~. RESOLUTION NO. 16-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE LEGISLATURE OF THE STATE OF FLORIDA PASS LAWS PROVIDING SOURCES OF FUNDING FOR THE RECENT AMENDMENTS TO CHAPTER 121, FLORIDA STATUTES AND FOR THE IMPLEMENTATION OF CHAPTER 163, FLORIDA STATUTES, AND TO PURSUE OUR AMENDMENT TO THE CONSTITOTION OF THE STATE OF FIpRIDA THAT REQUIRES THAT ~Y FUTURE LEGISLATION MANDATING ACTION BY A UNIT OF LOCAL GOVERNMENT, WHEN SUCH ACTION PLACES A FINANCIAL BURDEN ON THE UNIT OF LOCAL GOVERNMENT, WILL PROVIDE A SOURCE OF FUNDING SUFFICIENT TO COVER THE COSTS OF SUCH ACTION WITHOUT THE REQUIREMENT FOR A REFERENDUM BY THE UNIT OF LOCAL GOVERNMENT, " , , WHEREAS, Chapter 11 (Section 11.076(1)), Florida St~~tes requi,res that "Any general law, enacted by th, e Legislature after Juy, l~ 1978, which requires a municipality or county to perform an activi or to provide a service or faaility which activity, service, or facility will require the expenditure of additional funds, must include an economic impact statement, as defined in s, 11.075, estimating the amount sufficient to cover the total cost to municipalities and counties to implement such activity, service, or facility and must provide a means to finance such activity, service, or facilitY1" and, WHEREAS, the Florida Legislature has passed amendments to Chapter 121, Florida Statutes mandating higher retirement benefits for special risk members of the Florida Retirement System without having complied with the requirement of Section 11.076, Florida Statutes, and, WHEREAS, the Florida Legislature has passed the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Florida Statutes) without having complied with the requirementsoeSection 11.076, Florida Statutes1 and, - .~~..:::-. . WHEREAg~,the Florida Legislature has passed many other laws in recent year~'mandating actions on the local governmental units of Florida without having complied with the requirements of Section 11.076, Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach', Florida, requests that the Florida Legislature pass a law that provides a source of, funding for the amendments to Chapter 121, Florida Statutes. Section 2. That the City Commission of the City of Delray Beach, Florida, requests the Florida Legislature to pass a law that provides a source ,of funding for the implementation of Chapter 163, Florida Statutes~'" , Section 3~ That the City Commission of the. City of Delray Beach, Florida, requests the Florida Legislature to pursue an amendment ,>"t~ thEt Constit;utiolr' of the State of Florida requiring that any future " Iegislatio~ mandat,inq actions upon units of local government, wherein ,'.'.. suchl;. actions,..,: create", It': financial burden- on. such units of local :~"'goverMlent,:,:"provides, a source of funding sufficient to cover the' costs :::Lof" SUch: action...;','f",' ." .~ '~:;/":- , . ~,_i;;;, .;"~:" '._,~'~' , .... - Section i. " That the sources of funding referred to in Sections 1 1, 2 and 3 above, should be without the requirement for a referendum by t , ,the units of local~ government. 38,.: " - W .!~)~:-- ci.;~'_-' Section S. That copies of this resolution be sent to the Governor of the State of Florida, the President of the Florida Senate, the Speaker of the Florida House of Representatives, and to each member of Delray Beach's local legislative delegation, PASSED AND ADOPTED in regular session on this the 28th day of March, 1989. '~ MAYOR ATTEST: 1 i City Clerk ! c ....i:. r::' " .c. ,. :"'~ .. "'. '~ . !; ~~i. .... ';:.~~;' ... .'7~~~l . ,'; ,. .;,. -2- Res, No. 16-89 -..' " .;-'- -~~';:"~'~'~~~~,f4~: .-.. -r,-::::%~~ ! .. , . ;~ ~ ~ , ~ . f/2,t MEMORANDUM J.J' ~l' i( , "r , .. TO: Walter 0, Barry City Manager FROM: ej) David M, Huddleston Director of Finance SUBJECT: State Mandates that Place Financial Burdens on Local Governments DATE: March 10. 1989 The Florida Government Finance Officers Association' Board of Directors recently adopted a Resolution (Number 89-2) which addressed the State's imposition of mandates on local governments that have not appropriately addressed the financial impact on local governments. The resolution strongly urges that the legislative bodies of all units of local government consider and approve a resolution which would urge the Florida Legislature to provide adequate sources of funding for mandates upon units of local government which create a financial burden, It further provides that a source of funding be available for a unit of local government without the requirement of a referendum. I have attached a copy of the Florida Government Finance Officers Association's Resolution Number 89-2 and a copy of a model resolution which the City of Delray Beach should consider. DMH/sam Attachments , , ~,._,~.. . . . MEMORANDUM TO: Walter 0, Barry, City Manager FROM:~Robert A, Barcinski, Asst, City Manager/Community Services DATE: March 21, 1989 SUBJECT: Documentation - City Commission Meeting - March 28, 1989 Approval of Engineering Services for Preliminary Design Report ACTION City Commission is requested to approve engineering fees in the amount of $ 19,600 to Post, Buckley, Schuh & Jernigan, Inc, to produce a preliminary report for improved operational reliability and for architectural compatibility with the surrounding area. BACKGROUND The improvement currently being considered to Veterans' Park include the architectural compatibility and improved reliability of the existing sewage lift station at 801 East Atlantic Avenue, A determination must be made as to structural integrity and operational alternatives available to effectuate possible elimination of the super structure. Engineering services will include field inspections to determine conditions, evaluation of improvement options, development of cost estimates, preparation of hydraulic estimates, and preparation of report. RECOMMENDATION Staff recommends approval of the necessary fees in the amount of $19,600, Funds are available in account 6441-5161-536-16.92, RAB/sfd . , !i' , I , , aqA ! . .' , , , AUTHORIZATION NO. 5 (FIVE) TO AGREEMENT Entered Into and Between CITY OF OELRAY BEACH, FLORIDA 100 N,W, 1st Avenue February I, 1989 AND POST, BUCKLEY, SCHUH & JERNIGAN, INC, 1400 Centrepark Blvd, Suite 200 West Palm Beach, Florida 33401 PRELIMINARY DESIGN REPORT MASTER LIFT STATION IMPROVEMENTS 1.0 Scope of Services Post, Buckley, Schuh & Jernigan, Inc, (ENGINEER) will provide professional engineering, and related services, as hereinafter described to the City of Delray Beach, Florida (CITY) for the preparation of a Preliminary Oesi9n Report for modifications to the Master Lift Station for improved operational reliability and for architectural compatibility with the surrounding area, 1.1 Field Investigation ENGINEER'S representatives from each applicable discipline will make one site visit to visually inspect the facilities and to determine the extent of deterioration that currently exists and viable alternatives to achieve repairs, and other improvements, 1.2 Office Evaluations ENGINEER will evaluate possible alternatives on both technical and economical merits and select the recommended alternatives, Preliminary sketches and a cost estimate for the selected alternative will be developed and included in the report, Preliminary hydraulic evaluation will be perfonned to investigate the possibility of eliminating the existing Master Lift Station and upgrading of the satellite lift stations. 1.3 Report Preparation/Presentation ENGINEER will prepare the Preliminary Design Report and supply ten copies to the CITY. FOllOWing review, comment and approval by the CITY, the report will be used as the basis for design of the Master Lift Station Improvements project, The ENGINEER will attend one meeting with CITY staff to discuss the results and recommendations of the report, 2,0 CITY'S RESPONSIBILITIES City shall do the following in a timely manner so as to not delay the services of the ENGINEER: 2.1 Assist ENGINEER by placing at ENGINEER'S disposal all available infonnation pertinent to the project including, but not limited to, previous reports, construction drawings and specifications, or other infonnation relative to the design, construction and operation of the existing Master Lift Station. 2.2 Examine the report, and other related document, presented by the ENGINEER and render written decisions pertaining thereto within a reasonable time so as to not delay the services of the ENGINEER. . , 3.0 COMPENSATION Compensation for engineering services sha 11 be based upon the AGREEMENT entered into and between the CITY and ENGINEER on June 10, 1985 for additional services and latest AMENDMENT dated February 1. 1989. The estimated budget for preparation of the Prel iminary Design Report for Station Improvements project is as follows: 1. Field Investigation $ 5,300 2. Office Evaluation 6,200 3. Report Preparation/Presentation 8.100 Total Estimated Fee $19.600 4.0 PERIOD OF SERVICE It is estimated that upon written authorization to preceed. the Preliminary Design Report for the project will be completed within (90) calender days, The time of completion assumes ten (IO) calendar days for CITY review and the ENGINEER'S receipt and comments for the draft report, IN WITNESS WHEREOF. the parties hereto have accepted, made and executed this AMENDMENT TO AGREEMENT upon terms and condit ions above stated on this day of . 1989, For the ENGINEER: For the City POST. BUCKLEY. SCHUH & JERNIGAN. INC, CITY OF DELRAY BEACH By: By: Doak S, Campbell, III Mayor Attest: Attested: Approved as to Form City Attorney c . . . . . . .. '.~o8go.0CONOOOOO 0.. 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';'~, I ~.,," [try DF DElRAY BEA[H " :,\., , "}.;::,",'~"':;,,\, ././ ",.:.00:..: -" '....'-'.._..~.1f,. -'~" ._,........ .~..._,. .f 100 N,W, 1st AVENUE DELAAY BEACH. FLDAIDA33444 407/243,7000 MEMORANDUM TO: Walter 0, Barry, City Manager FROM: John W. Elliott, Jr., Asst, City Manager-Management Service DATE: March 21. 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 28.,1989 _ RENEWAL OF SERVICE AGREEMENT FOR ADMINISTRATIVE SERVICES ONLY CONTRACT WITH AMERICAN GENERAL GROUP SERVICES CORP, Item Before the Commission: The City Commission is requested to approve the renewal of the city's group health plan's service agreement between the city and the American General Group Services Corporation for "Administrative Services Only". This would be a continuation of the program as established four years ago for another year 3/1/89 - 3/1/90 and cost should not exceed $308.312 for FY 1988-89. Background: On a monthly basis. the city pays an administrative fee. pooling fee. and a utilization/P.P,O fee for administrative services. Charges for these three categories are multiplied times the number of units consisting of employees. retirees. and former employees covered under C.O.B,R.A, (federal law; former insureds have the right to continue coverage under the!city's plan by paying their monthly premium directly to the city), The monthly charges per unit by year are: Increase Over 1986-87 1987-88 1988-89 Last Year 1. Administrative Fee $ 7,69 $ 8.23 $ 9,92 $1. 69 2, Pooling Fee 6,57 7.66 7,96 .30 3. Utilization/p,p,O. 2.30 2.30 2.45 --.:...!2 $16,56 $18.19 $20.33 $2,14 , . THE EFFORT ALWAYS MATTERS ...-.- ; ;fMi,}';;::,,/ '1' .!~:: " , ;;( i"" :-, ;:,.: , ..','~':' 1'. , ~'. .~( , oZ. " , '~ "':'.3 B :{~.-fr:: . ..:.' '. ,';'7..,,"; '~~l':~:"" .~ 'l~. , ' Ii!: ':::::A~it,:." r~. ','.r...~,....t:..,...-. . , . ~Y~J:" -'.'. ,"." .~.::;..,,, ". . Walter 0, Barry March 21. 1989 Page 2 Last year's average of insured units, consisting of Employees (540). Retirees (72). and C,O.B.R,A. (8), totaled 620. The total number of units increased during the year to reflect a total of 643 at year's end, Life Insurance The City covers employees for term life insurance in benefit amounts determined by annual salary, The rate paid by the city is $0,44 per $1.000 of insurance/per month. The rate is the same for all employees regardless of age and has remained unchanged since 1985. Long Term Disability Insurance For all regular. full-time employees except the Police and Fire Departments. the city maintains a fully insured L.T.D. policy, The rate is $0.98 per $100 of covered payroll for all regular. full-time employees other than Police and Fire. This rate has remained unchanged since the inception of the plan in 1985 even though many employees and disabled former employees have qualified for benefits, Below is an explanation of line items and amounts for budget of the renewal of our service Agreement with the city group insurance carrier and funding source numbers, 1) Retention (Admin. Fee) $ 76.543 555-34,64 2) Specific Loss (Pooling) 61.419 555-34,67 3) P,P.O, Utilization 18.750 555-34,68 4) Group Medical Insurance 12.400 555-34.66 5) Life/Disability 139.200 555-34,69 $308.312 Backup information attached. Recommendation: Staff recommends approval of the renewal of the contract between the city and the American General Group Services Corp. for "Adminis'trative Services Only" (ASO+) cost not to exceed $308.312 JWE/sm Attachments , - .( , .. >, kif < . /. .:L~ i ' : :~;</. ..:. ,~.':..:~;: ,':-- ,,~.~.,,~->, .~ :" ff-..,,: "1:",;;;"",,. ,'/ .. '. )" '. .~: ::~.' ,'.. '" ..".... . - ... . , HllHORANDUK Date: February 22, 1989 To: John W, Elliott, Jr., Asst, City Mgr,/Mgmt, Services From: Lee R, Graham, Risk Management Director Subject: City Group Health/Life/Long Term Disability Plans I The following is a brief synopsis of the captioned plans: Group Health Plan The renewal of the City's Group Health Plan is March 1, 1989. The Plan is primarily one of self-insurance in which the City pays for its own claims, Any individual claim which exceeds $50,000 in any year, then triggers full insurance for any amount over the $50,000 per claim in the policy year, It will be cost saving to increase the self-insured amount to $60,000 for the coming year. The Plan is known as an A,S.O,+ (Administrative Services Only) Contract. The City, on a monthly basis, pays for three categories of charges: 1. Administrative Fee - Claims handling, recording, commission, etc, 2, Pooling Fee - The insured portion, specific loss over self-insured portion, 3, Utilization Review/P,P,O, Fee - A cost control service through review and claims management. Charges for these three categories are multiplied times the number of units consist- ing of employees, retirees, and former employees covered under C.O.B,R.A. (federal law; former insureds have the right to continue coverage under the City's Plan by paying their monthly premium directly to the City), The monthly charges per unit by year are: 1986-87 1987-88 1988-89 1. Administrative Fee $7.69 $8,23 $9,92 , 2. Pooling Fee $6,57 $7,66 $7,96 3. Utilization/P.P.O. $2.30 $2.30 $2,45 $16,56 $18,19 $20,33 Last year's averag~ of insured units, consisting of Employees (540) , Retirees (72). and C.O,B,R.A. (8), totaled 620. The total number of units increased during the year to reflect a total of 643 at years' end, . ........---.. u__..n_____ ~ .::.:,. \ i;~ \ '. , ~J..- .;~ '" .-: w~j} .;;.:. ,.:' . .'.,'"' , ' . February 22, 1989 Page 2 Claims The City reimburses the Plan Administrator for actual claims incurred as previously described, A comparison of last policy period's claims contrasted with previous years is as follows: Employees Dependents Total 1986-87 $384,225 (59,77.) $259,083 (40.37.) $643,308 1987-88 $366,800 (51,97.) $339,863 (48,17.) $706,663 1988-89 $717,706 (73.17.) $263.597 (26.97.) $981,303 The Administrator maintains a deposit of City funds equal to a few days of estimat- ed/projected claims. The City then reimburses the Administrator for claims paid on a constant basis. Life Insurance The City covers employees for term life insurance in benefit amounts determined by annual salary. The rate paid by the City is $.44 per $1,000 of insurance/per month. The rate is the same for all employees regardless of age and has remained unchanged since 1985. LonR Term Disability Insurance For all regular, full-time employees except the Police and Fire Departments, the City maintains a fully. insured L.T,D, policy, After a 60-day qualifying/waiting period, the L.T.D. plan'pays up to 607. of lost wages. The rate is $.98 per $100 of covered payroll for all regular, full-time employees other than Police and Fire, This rate has remained unchanged since the inception of the plan in 1985 even though many employees and disabled former employees have qualified for benefits, i:!t~ LR /mca " 7':' -- .:~'~. - "':~ ~" f .~, . ;.: , " )'>. ~/ '6', ;- ~; . 1 <" , ) '~, ,'*, , . ti.: [ITY DF DELRAY BEA[H ~, :;....~. '" I ",,,'.1fr~ .>1. . -,_. -"., 100 N.W. 1st AVENUE DELRAY SEACH, FLDRIDA33444 407/243.7000 MEMORANDUM TO: Walter 0, Barry, City Manager FROM: J.., ,. "'1.... J,.. .,... ".y ....,.,-....,..... S''''''~ DATE: March 21, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 28, 1989 - PURCHASE OF TWO (2) COpy MACHINES FOR THE POLICE DEPARTMENT VIA FLORIDA STATE CONTRACT Item Before the City Commission: The City Commission is requested to grant permission for the purchase of two (2) Konica 3290 copy machines from Danka Industries by the Police Department on State Contract at the unit price of $5,250. Total cost of $10,500; funds to come from 8112-2172-521-60.89 (Law Enforcement Trust Fund - Capital Outlay - Equipment - Other). Backup information attached. Backltround: Monies were included in the FY1988-89 Law Enforcement Trust Fund Budget for these machines in the amount of $10,000 as additional equipment, Although the cost is $500,00 more than what was appropriated, additional funds are available to make up the difference in the Law Enforcement Trust Fund account. Recommendation: Staff recommends award for the purchase of two (2) Konica 3290 copy machines to Danka Industries, Inc, under state contract with funds to come from 112-2172-521-60,89 (Law Enforcement Trust Fund - Capital Outlay - Equipment _ Other). JWE/sm Attachments THE EFFORT ALWAYS MATTERS . --........_- .,' , .. '. ~ " ":I9r:.;'. t;3.~,e.." :-~.: ,.;..' '-:.': .;; . '" ':;'''I''''~~:,i;'; "1' -,''':~''''. '~T")'" ~..( I""~'" . :.;::;>:.:, .:.::':\~': ,J ,:.,.:'~'-J:,:~~;: ~. -.- . M E M 0 RAN DUM John W. Elliott, Jr. , Assistant City Manager/ . TO: Management Services . FROM: ,Ted'Glas, Purchasing Director DATE: March 16, 1989 SUBJECT: Purchase of Two (2) Copy Machines for Police Department Via Florida State Contract A requisition has been received from the Police Department for the purchase of two (2) copy machines. Monies were included in the FY 1988-89 Law Enforcement Trust Fund Budget for these machines in the amount of $10,000., as additional equipment, Copy machines are available on Florida State Contract 11600-380-87-1. FOllowing staff analysis and review, it is recommended that the purchase of two (2) Konica 3290 copy machines be awarded to Danka Industries, Inc, , via Florida State Contract, at a unit price of $5,250" and a total cost of $10,500, Per the Budget Office, funding for these copiers is available from account 11112-2172-521-60,89 (Law Enforcement Trust Fund - Capital Outlay - Equipment - Other). ~ ~ Ted Glas Purchasing Director Attachments: Memorandum from Police Department State Contract Documentation pc Chief Kilgore Yvonne Kincaide Major Coch~ane >-. --.--- --------~.- --------::-- / ,q, , , , .. ; , ~, ,', " . ,.",I..Xc ~j"i,:: . "',- I.,., ".-}. - .~:~\:< ~'ffl'..,;:; ;( e~ Delray Beach Police Department ~ "0'"", 300 West Atlantic Avenue . Delray Beach, Florida 33444.3666 ~ , (407) 243-7888 CHARLES KILGORE Chle' 0' Police I MEMORANDUM TO: Ted Glas, Purchasing Director FROM: William H. Cochrane, Major Support Bureau THRU: Charles Kilgore, Chief of pOlice~ DATE: March 13, 1989 SUBJECT: PURCHASE QE COPIERS . Pursuant to our earlier discussions relative to Requisition 454388 which calls for the purchase of two (2) copiers to replace existing Canon NP250's, the recent demonstration of the Konica copier sufficiently meets our needs both in the Chief's office and the Patrol Division, Per state contract specifications, this includes a 20-bin collator, sorter and stand for $5,250.00. Although this is $250.00 over budget per copier, funding is available in the Law Enforcement Trust Fund budget (112 2172 521 60.89). We recommend these machines be purchased at your earliest convenience. -~tI~ WILLIAM H.COCHRANE, MAJOR Support Bureau WHC/gb PARTNERS WITH CITIZENS IN BRINGING THE COMMU"fITY TOGETHER .-- -----.,--. -.._- .1- f.", I #-.. ,l. J ,-,.,,, ::J;:.:~}: