03-08-88 Regular
CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
March 8, 1988
7:00 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 pro-
ceedings, and for this purpose such persons may need to ensure that a
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Proclamations:
a. ORT Spring Ahead Recruitment Campaign Month.
b. Carl L. Brumback Endowment Fund for Scholarships in Public
Health.
c. Palm Beach Blood Bank Day - March 28th.
d. Employ the Older Worker Week - March 13-19, 1988.
5. Agenda approval.
Action: Motion to approve.
PURLIC HEARINGS
6. ORDINANCE NO. 2-88: An Ordinance amending the Local Land Use
Map designation for .32 acres of land located just north of the
Exxon Station at the corner of Congress and Atlantic from I
(Industrial) to C (Commercial).
7. ORDINANCE NO. 3-88: An Ordinance for annexation of .32 acres of
land with GC (General Commercial) zoning, located at the corner
of Congress and Atlantic.
8. ORDINANCE NO. 5-88: An Ordinance for annexation with Planned
Office Center (POC) zoning for property located at the corner of
Lake Ida Road and Davis Road.
9. ORDINANCE NO. 7-88: An Ordinance amending the Zoning Code by
deletion of "posting" requirements for rezonings.
REGULAR AGENDA
10. Land Use Petition Comment to Palm Beach County. Comment on Land
Use Petition prior to certification and processing.
11. Well Field Contamination Contract. CH2M Hill Change Order No. 1
for design and implementation of air scrubbing devices.
12. Atlantic Avenue Beautification Proiect. Proposal from Sasaki
Associates, Inc. relative to engineering design schedule.
13.
ORDINANCE NO. 9-88: (First Reading)
the Del-Ida Park Historic District.
An Ordinance to establish
14.
ORDINANCE NO. 10-88. (First Reading)
former Germantown right-of-way with
designation.
An Ordinance annexing the
a Commercial (C) zoning
15. EMERGENCY ORDINANCE NO. 12-88. An enabling Ordinance allowing
the City's Code Enforcement staff and Code Enforcement Board to
participate in our water conservation effort.
16. EMERGENCY ORDINANCE NO. 13-88. An emergency Ordinance which
contains our emergency water restriction language.
17. COMMISSION ACTION RE: Request of a variance by Jeanne Stahl to
allow the construction of a dock at 1026 Seasage Drive.
18.
COMMISSION ACTION RE: Request of
mOdification, Randy Stevenson of
Jernigan, Representative for NCNB
standing drive-through bank.
CONSENT AGENDA
Boca Ray Center site plan
Post, Buckley, Schuh &
National Bank for a free
19. CONDITIONAL USE PERMIT REOUEST CU-6-226: Requesting a
conditional use permit for infant care center at N. E. 2nd
Avenue, north of 17th Street. (Owner -Delray Beach Primitive
Baptist Church, by Applicant Lelius H. Chapman).
20.
CONDITIONAL USE PERMIT REOUEST CU-6-227.
conditional use permit for construction of a
attendant site plan on the north side of S.
between Swinton Avenue and S. W. 2nd Avenue.
Missionary Baptist Church, by Applicant James E.
Requesting a
new church and
W. 8th Street
(Owner - Christ
Blue).
21.
CONDITIONAL USE
conditional use
establishment of a
W. 4th Street.
Young).
22. CONDITIONAL USE PERMIT REOUEST CU-6-229. Requesting a
condi tional use and site plan approval for construction of a
community facility within the Fairways of Delray Subdivision on
the east side of Homewood Boulevard between Lowson and Atlantic
Avenue. (Agent - Seagull Associates South Corporation).
PERMIT REOUEST CU-6-228. Requesting a
permit and approval of site plan for
child care center on S. W. 6th Avenue and S.
(Owner and applicant - William and Carolyn
23. SITE PLAN APPROVAL. Requesting site plan approval for
commercial property on North Federal Highway between Dixie
Highway and U. S. 1 adjacent to N. E. 16th Street. (Owner and
Agent, O. D. and Mary Priest).
24. WAIVER OF PROCESSING FEES. Requesting waiver of conditional use
and site plan fees at 35 N. E. 1st Avenue. (Owner - Bible
Church of God/Delray, by Applicant Pastor David Gray).
25. ANNEXATION AND WATER SERVICE REOUEST. Request to annex property
on North Federal Highway adjacent to N. E. 22nd Street. (Owner-
Borton VOlvo, by Applicant Roger Saberson).
26. WATER SERVICE REOUEST. Request for water service for property
located at the corner of Lake Drive and Denver Drive. (Owner/
Applicant - Mr. and Mrs. Andrew Smith.)
27. COMMISSION ACTION RE: Offer for sale of property to the City at
Atlantic Avenue and N. W. 9th Avenue by Mr. and Mrs. Anthony
Williams.
28. RESOLUTION NO. 12-88. A Resolution assessing costs for removing
junked and/or abandoned vehicles from five different locations
throughout the City.
29. RESOLUTION NO. 13-88. A Resolution assessing costs for
abatement action required to remove an unsafe building on
property at 122-124 S. W. 12th Avenue.
30.
RESOLUTION NO.
nuisances for
throughout the
14-88. A Resolution assessing costs for abating
63 parcels of property at various locations
City.
AGENDA 3-8-88
Page 2
31.
RESOLUTION NO. 15-88. A
easement in Rainberry Bay,
Builders & Associates, Ltd.
Resolution abandoning a utility
Section 8 requested by Dimentional
32. COUNCIL ACTION RE: Award of Contracts.
1. Low Clearing and Mowing: _ Various Prices
a. Bob's Mowing and Clearing
b. Walcott and Son
c. Coastal Construction Service
2. McCartney Plante Daley Associates - $16,000 + expenses
ROCEDURAL ITEM~
33. Comments and Inquiries on Non-Agenda Items by Citizens.
34. Approval of minutes of Regular Meeting of February 23, 1988.
35. Comments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
/
AGENDA 3-8-88
Page 3
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
CITY MANAGER
AGENDA REPORT - MEETING OF MARCH 8, 1988
DATE:
March 4, 1988
PUBLIC HEARINGS
Item No. 6 {Ordinance No. 2-881. This is the Second Reading of an
Ordinance amending the Local Land Use Map which was tentatively
approved at your February 9th meeting. The amendment changes the
designation of .32 acres of land located just north of the Exxon
station at Congress and Atlantic from Industrial (I) to Commercial (C).
This parcel will
station property.
available and the
be developed for expansion of the existing service
This property is contiguous to the City, water is
request meets all standards for rezoning.
Recommend adoption of Ordinance No. 2-88 on Second and Final Readina.
Item No. 7 {Ordinance No. 3-881. This Second Reading of Ordinance No.
3-88 is a companion ordinance to the previous agenda item. This
ordinance was approved on First Reading at your February 9th meeting
and provides for the annexation of the .32 acre parcel just north of
the Exxon station at Atlantic Avenue and Congress with initial City
zoning of General Commercial (GC). Prior to action by the City
Commission, this annexation request had received Public Hearing by the
Planning & Zoning Board on January 25, 1988. There was no public
comment at the Public Hearing and the Planning & Zoning Board forwarded
the request with recommendation for approval.
Recommend adootion of Ordinance No. 3-88 on Second and Final Reading.
Item No. 8 {Ordinance No. 5-881. This is the Second Reading of an
annexation ordinance approved on First Reading at your February 9th
meeting. The ordinance annexes with a zoning of Planned Office Center
(POC), property located at the corner of Lake Ida Road and Davis Road.
The Planning & Zoning Board at its meeting of January 25, 1988
conducted a Public Hearing and recommended approval of the annexation
request.
Recommend adoption of Ordinance No. 5-88 on Second and Final Reading.
Item No. 9 (Ordinance No. 7-881. This is the Second Reading of an
ordinance amending the City Code to delete posting requirements for
rezoning actions. This item was tentatively approved at your February
23rd meeting at which time several concerns were raised for address at
Second Reading.
The Planning & Zoning Board did formally recommend deletion of the
posting requirements contained here. The Board felt it would be
appropriate to revisit the requirement following completion of the
enclave annexations. Regarding the practices of other communi ties, a
telephone survey found that Palm Beach County and Boca Raton do require
posting. West Palm Beach, Boynton Beach, Lake Worth and Lantana on the
other hand do not require posting i.ndividual properties for
annexation. There are three fundamental reasons for requesting
deletion of the posting requirements. The administrative demands which
will be imposed during the enclave annexation are significant including
the manufacture and placement o~ signs and posts, photographing of each
posting for verification and providing an affidavit for each posting.
Secondly and very importantly, posting becomes then a technical
-1-
AGENDA REPORT
Meeting of March 8, 1988
requirement which must be met. If a notice is removed or the method of
posting is challenged, an additional obstacle of our own creation is
presented. Finally there are other notice procedures which include a
quarter page advertisement with a map and individual mailings to each
property owner.
Recommend adoption of Ordinance No. 7-88 on Second and Final Readina.
REGULAR AGENDA
Item No. 10 Comment to Palm Beach County on Land Use Petition. Palm
Beach County Zoning Code provides a 60 day period during which cities
may comment upon County Land Use petitions prior to their certification
and processing. Nayade G. Cane owner represented by Beril Kruger
proposed construction of an Adult Congregate Living Facility (ACLF) at
Davis Road and Lone Pine Road which is located in Enclave 58 and is
targeted for annexation in August 1988. The Planning & Zoning Board
reviewed the request at its meeting on February 22, 1988. Many
residents of Lone Pine had expressed their opposition to the ACLF. The
Board recommended the City Commission forward comments in opposition to
establishment of the ACLF. Palm Beach County zoning allows a Type-l
ACLF to be permitted through special exemption in single family
residential areas.
As a basis for the Board action, the request was found to be
inconsistent with the City's Land Use Plan, inconsistent and not
allowed under zoning which will be placed on the property pending
annexation, and has poor access for the proposed use. The location was
found to be inappropriate for provision of EMT services and
additionally the impact of continued use of septic tanks for sewage
disposal and water service through wells was questioned.
Recommend Commission authorize a letter be sent to Palm Beach County
informina the Countv of our opposition to the ACLF as the enclave
within which the oropertv is located is scheduled for annexation by the
end of AU9ust 1988: that the City believes the establishment of a ACLF
in this neighborhood is not consistent with adjacent neighborhood land
usage: and that access to the proposed site is not adequate.
Item No. 11 Well Field Contamination Contract. In December the City
contracted with CH2M Hill Engineering firm to assess and advise on well
field contamination in our "20 series" well field. CH2M Hill has been
working closely with the City advising us on alternative methods of
decontamination and assisting in our negotiation with DER and Aero Dri.
CH2M Hill have now a detailed design and analysis proposal which will
allow us to move forward with the air stripper/scrubber machinery
necessary to begin decontaminating the 20 series well field. CH2M Hill
proposes a short run and long run decontamination program. The short
run program includes "off the shelf" more readily available air
scrubbing devices which, while capable. of handling relatively smaller
quantities of water, will allow us to begin putting wells back on line
from the 20 series well field.
The other longer term decontamination equipment involves fabrication of
onsite air stripping equipment. The air stripping equipment to be
fabricated onsite will require additional analysis and design by CH2M
Hill so that we know the extent of the contamination which in turn will
dictate the size and complexity of the air stripping devices.
Depending upon the extent of the contamination for example we may need
to provide some carbon activated treatment at one or more of the
wells. Additional analysis too will be done to determine whether or
not a single onsite air stripping operation located adjacent to the
water plant or at the well field itself, will be more cost effective
than remotely located multiple, air stripping devices.
CH2M Hill's estimate of cost for the design and implementation of air
stripping devices totals $611,000 plus air stripping equipment. These
cost estimates may be reduced by as much as $60,000 depending upon
-2-
AGENDA REPORT
Meeting of March 8, 1988
whether or not interim treatment using "off the shelf" machinery is
successful. If interim treatment methods are successful, we could
expect to have equipment operating within two to three months. The
longer term treatment program will be a four to six month proposition
meaning that devices will be operating in approximately August. We
believe the total decontamination program start up costs will approach
$1.5 million including design, contamination analysis and equipment and
installation costs.
Representatives from CH2M Hill will be present at your meeting Tuesday
evening to discuss this proposal in greater detail, present a
construction schedule, and respond to any questions you might have.
Recommend aooroval of Addendum Order No. 1 to the CH2M Hill contract in
an amount not to exceed $611.000.
Item No. 12 Atlantic Avenue Beautification Project. City staff,
Community Redevelopment Agency staff, and representatives from Sasaki
Associates, Inc., the Atlantic Avenue Beautification Project design
firm, met to discuss the status of the Atlantic Avenue Beautification
Project. FOllowing that meeting we determined that in order for
construction to begin during 1988 and not interfere with the tourist
season, a fast track engineering design schedule would be needed. We
directed Sasaki to prepare a proposal addressing time requirements and
additional design costs for the project to include:
1. Preliminary design for the entire project from Swinton
Avenue to the Intracoastal waterway to include sidewalks
sloped in a standard manner and necessary road
reconstruction and develop cost estimates for the entire
project.
2. A phased implementation of the project develop a final
design ~n bid documents for Phase 1 {the FEC Railroad
right-of-way east to the western right-of-way for 5th
Avenue including a cost estimate for phase 1. This final
design would include a time schedule based on a completion
date of November 24, 1988. Additionally Phase 2 of the
project (the FEC Railroad tracks westerly to Swinton
Avenue) and Phase 3 (the west right-of-way of 5th Avenue
east to the Intracoastal waterway) would be designed
anticipating construction during 1989-1990.
3. Sasaki assuming responsibility for all design work
including road improvements, drainage, signal modification
and final selection of street light design for approval by
the City.
4. City staff assuming responsibility for permitting,
easement acquisition, agreement with Florida Power & Light
Company, and transfer of Atlantic Avenue by FDOT to the
City.
We understood that additional costs for this fast track proposal would
be required and asked that Sasaki prepare a report for City Commission
review and action on March 8th. We also discussed the (re)design cost
and schedule changes that would result from inclusion of left turn
lanes at 2nd Avenue, 3rd Avenue and 4th Avenue because City staff
believed that some lack of agreement existed as to the merits of
eliminating left turn lanes at those intersections.
Sasaki Associates have presented a proposal for fast track design of
the original Downtown Atlantic Avenue Beautification Project which
includes elimination of the left turn lanes. They believe the design
and construction can be accomplished within the November 24th
completion deadline we established. Staff feels that the time schedule
is tight, however, a concentrated effort will be made to meet the
deadline. To redesign the project maintaining the left turn laneswill
-3-
AGENDA REPORT
Meeting March 8, 1988
require additional design work and will not allow for a 1988
construction phase. We invited representatives from the downtown area
who have been involved with the project to meet with City staff and
Sasaki. As a result of this meeting a consensus exists that
eliminating left turn lanes at the three intersections mentioned is
necessary for the full impact of the downtown beautification to be
recognized.
A summary of the project costs is as follows:
Project construction costs as originally authorized
Project construction costs for increased scope -
Phase I $ 625,000
Phase II 900,000
phase III 775.000
Total
$1,600,000
$2,300,000
Consultant fees as originally authorized
studies (Loop Master Plan and Survey)
Consultant fees for revised scope of
services including engineering design
and non-construction related items
with two additional
$ 168,000
268,700
Recommend
services
approval of
with Sasaki
Letter of
Associates.
Aoreement for design engineering
Inc. in the amount of $268.700.
Item No. 13 {Ordinance No. 9-881. This is First Reading of an
Ordinance to establish the Del-Ida Park Historic District. This
request was initiated by the Del-Ida Park Neighborhood Association and
is necessary in order to officially amend the City's zoning map to
provide for the historic district overlay to be placed upon the
affected properties.
The Del-Ida Historic District is a 14 block area in the northeast
section of the City. It is bounded on the north by N. E. 8th Street,
on the south by N. E. 4th Street, on the west by Swinton Avenue, and on
the east by the Florida East Coast Railroad tracks.
Notice was sent on January 28th to Del-Ida Park residents and property
owners. A Public Hearing was conducted by the Historic Preservation
Board on February 11th following which the Board recommended
unanimously to designate Del-Ida' Park a historic district. There was
no opposition heard at the Public Hearing.
Recommend aDproval of Ordinance No. 9-88 establishin9 the Del-Ida Park
Historic District and directing that the zoning maD be so noted
Item No. 14 {Ordinance No. 10-881. William L. Wallace, owner of
Wallace Ford, represented by Roger Saberson is requesting annexation of
the former Germantown right-of-way with a Commercial (C) zoning
designation. This action is part of an earlier pUblic-private land
transaction in which Mr. Wallace provided right-of-way for a
realignment of Germantown Road at its present intersection at Linton
Boulevard and constructed the realigned street section. The former
Germantown right-of-way was deeded to Wallace by the County. The
annexed property will become part of the Wallace Ford display area.
The Planning & Zoning Board conducted a hearing at its February 22nd
meeting which generated no public comment. The Board voted unanimously
to forward the request with a favorable recommendation. The property
is located in Enclave 35. This specific property will receive a level
of service "A" at little cost to the City. Water and sewer service is
available. The annexation meets those standards for' evaluation
rezoning requests which apply to this property. They are detailed in
your agenda packet. A Public Hearing and Second Reading is tentatively
scheduled for April 12th.
Recommend aDDroval of Ordinance No. 10-8~ annexing former Germantown
right-of-wav to the City with an initial zoning of SC.
-4-
AGENDA REPORT
Meeting of March 8, 1988
Item No. 15 Emergency Ordinance No. 12-88. This item is an enabling
ordinance which allows the City's Code Enforcement staff and Code
Enforcement Board to participate in our water conservation effort.
Presently the Code does not allow for enforcement of Chapter 29 by the
City's Code Enforcement Board. This provision will allow us to enforce
water conservation measures against properties for which ownership is
uncertain or where no individual can be served.
Recommend aDproval of Emergency Ordinance No. 12-88 authorizin9 the
Code Enforcement Board to enforce Chapter 29. Article II.
Item No. 16 {Emergency Ordinance No. 13-881. This is an emergency
ordinance amending Chapter 29, Article II which contains our emergency
water restriction language. Presently our enforcement language adopts
Section 40-E-2l of the Florida Administrative Code which provides
foralternate day irrigation watering and does not specifically provide
the restrictions we now have in place. Specifically those restrictions
are that lawns may not be irrigated between the hours of 7:00 a.m. and
6:00 p.m. and that irrigation will be allowed only on those days which
are presently scheduled for residential garbage collection.
Recommend apDroval of Emergency Ordinance No. 13-88 allowing
alternative water restrictions to be enforced or be invoked by the City
Manaaer and enforced under Chapter 29.
Item No. 17. Request for Variance by Jeanne Stahl. The Code
Enforcement Board at its meeting on January 26th found the applicant in
violation of Chapter 9 of the City Code which requires a 10 foot
setback from adjacent property lines for boat docks. Initially the
boat dock was constructed at 1026 Seasage Drive without benefit of an
engineering permit. Subsequently a permit was obtained however the
construction was accomplished too close to an adjacent neighbor's
property. The Code Enforcement Board determining that in fact this was
the case and allowed Mrs. Stahl 60 days to correct the violation by
either receiving a variance from the City Commission or removing the
portion of the dock built closer than 10 feet to the adjacent property
line.
Recommend Commission action following a consideration of the requested
variance from Ms. Jeanne Stahl.
Item No. 18 Site Plan Modification to Boca Ray Center. A site plan
modification to the Boca Ray Center located at Military Trail and
Linton Boulevard to accommodate a free standing drive-through bank on
an existing outparcel was heard by the Planning & Zoning Board at its
meeting on February 22nd. The Board denied the site plan modification
and the applicant NCNB National Bank of Florida represented by Randy
stevenson of Post, Buckley, Schuh & Jernigan has appealed that decision
to the City Commission.
The parcel in question was approved for restaurant use on the site
plan. The applicant requested a minor site plan modification to the
existing site plan changing parcel B from a restaurant to a banking
facility. Parcel B is an outparcel along Military Trail. The site
plan modification was originally before the Board on December 21,
1987. Action was continued pending modifications recommended by staff
which eliminated a five way intersection at the north entry and reduced
the width of the exit driveway from 55 to 24 feet. When these ingress
and egress modifications were made, screening and buffering were
reduced in width along Military Trail in order to accommodate drainage
and a retention area.
In accomplishing the site plan changes three parking spaces were
deleted from the overall center. Staff recommended the parking space
deficiency be accommodated through "administrative relief" in that
sufficient parking on a day-to-day basis appears to be available.
Similar relief was previously granted to a Chinese Restaurant also
located at Boca Ray Center.
-5-
AGENDA REPORT
Meeting of March 8, 1988
The Board unanimously denied the site plan modification. The basis for
their denial was:
1. incompatibility of intensive traffic use with respect to
ingress and egress into the main circulation of Boca Ray
Plaza;
2. a reduction in the overall number of parking spaces
required;
3. an inappropriate relationship with the teller facilities
to Military Trail;
4. another approved outparcel within the Boca Ray Plaza has a
site plan for a drive-through bank.
Recommend Commission action followin9 consideration of appeal to
Planning & Zonina action of denial of a site plan modification which
would allow establishment of a NCNB (bank) facility on outparcel B of
the Boca Ray Plaza.
CONSENT AGENDA
Item No. 19 Conditional Use (CU-6-226). The Delray Beach primitive
Baptist Church represented by Lelius H. Chapman ~s requesting a
conditional use permit for infant care center at N. E. 2nd Avenue,
north of 17th Street and approval of an attendant site plan in
conjunction with the Delray Beach Primitive Baptist Church.
The Planning & Zoning Board conducted a Public Hearing at its February
22nd meeting. There was no opposition expressed and the Board
recommended the request by unanimous vote. The site plan was reviewed
by staff under criteria in Section 30-22{D) of the Zoning Code
"Standards for Evaluating Site and Development Plans". The proposed
conditional use and site plan are recommended for approval subject to
the following stipulations:
1. That detailed grading, drainage and construction plans be
submitted to and accepted by the Building Department in
conjunction with the building permit required for the
parking lot.
2. That a final landscaping plan, in a form suitable to the
City Horticulturist, be provided prior to application for
a building permit. Said plans must reflect the following:
a standard note that "all plant materials added
pursuant to this use request shall have 100%
irrigation coverage,
a non-mountable curb must be installed around the
parking lot entry,
location of the trash area and appropriate
treatments of the trash enclosure.
a.
b.
c.
3. That
a.
" b.
c.
d.
the site plan be corrected to reflect the following:
six foot fencing for the outside play area,
a typical "parking space" exhibit added showing the
dimensions of the space and its (double) stripping,
addition of a pedestrian walkway extending from the
present walkway to Seacrest,
addition of the "Do Not Enter" sign and pavement
marking (stop bar) at the point ~f egress.
Recommend aDDroval of conditional use (CU-6-226) and site plan for an
infant care center at the Delray Primitive Baptist Church subject to
stiDulations cited above.
-6-
AGENDA REPORT
Meeting of March 8, 1988
Item No. 20 (Conditional Use (CU-6-227). Christ Missionary Baptist
Church, Reverend Matthew Mitchell and congregation owners, represented
by James E. Blue are requesting a conditional use permit for
construction of a new church and attendant site plan for a structure
located on the north side of S. W. 8th Street between Swinton Avenue
and S. W. 2nd Avenue. This item was presented to the Planning & Zoning
Board at its meeting on February 22nd.
The property under consideration is vacant and there have been no other
land use requests associated with it. The proposal includes
construction of a 5,152 s. f. one story, 100 seat church facility on
the 1.62 acre site. The proposed use is compatible with the
neighborhood. Another church is located on a parcel immediately to the
west. The site plan was reviewed under criteria established in Section
30-22(D) "Standards for Evaluating Site and Development Plan
Applications". Following Public Hearing the Planning & Zoning Board
recommended approval of the requested conditional use and site plans
subject to the following stipulations:
the site plan be revised to refl~ct the following:
reduction of drop-off drive to 13 feet;
provision of "Do Not Enter" signs, as appropriate;
provision of pavement markings (stop bars) as
appropriate;
provision of non-mountable curbing between
travelways and adjacent landscape areas;
relocation of the Ixora, as appropriate.
1. That
a.
b.
c.
d.
e.
2. That the final landscaping plans and elevations be
approved by the CAB prior to acceptance of any plans for
plan check by the Building Department.
3. That a fire hydrant be installed near the east entry.
4. That a final plat be prepared and approved prior to
issuance of a building permit.
5. Pursuant to 30-2l{E) and 30-22{E), that the approval for
this conditional use and site plan be for a period of
eighteen months following City Commission action on the
Board's recommendation.
Recommend aDDroval of conditional use (CU-6-229) for construction of
Christ Missionarv Ba1(tist Church and aD9roval of site plan subject to
stipulations cited above.
Item No. 21 Conditional Use (CU-6-228). William and Carolyn Young,
owners representing themselves have requested a conditional use permit
and approval of site plan for establishment of a child care center on
S. W. 6th Avenue and S. W. 4th Street to be known as Young Tiny Tots
II. The intended use is similar to that which exists on property
immediately to the north. The new facility will accommodate
approximately 40 children.
Planning & Zoning Board considered this conditional use request at
their meeting on Monday, February 29th and recommended approval subject
to verifications that the site was a lot of record prior to 1973. If
it is found that the lot was created after 1973, the property must have
approval of a final plat prior to issuance of a Certificate of
Occupancy. The plat, should it be necessary, shall include:
1.
arrangements for installation of
4th Street, five feet in width;
resolution of onsite drainage
Engineer should be included on the
a sidewalk along S. W.
approved by the City
final plat sUbmission;
2.
-7-
AGENDA REPORT
Meeting of March 8, 1988
3. a revised landscape plan approved by the City
Horticulturist shall be approved prior to action on the
final plat;
4. approval of the conditional use and site plan is valid for
a period of 18 months following City Commission action
pursuant to Section 30-22-E-l and 30-2l-E-l of the City
Code.
Recommend aDDroval of the conditional use request and site plan with
stipulations as noted.
Item No. 22 Conditional Use (CU 6-229). Seagull Associates South
Corporation AKA Fairway of Delray is requesting a conditional use
permit and site plan approval for construction of a community facility
within the Fairways of Delray Subdivision located on the east side of
Homewood Boulevard between Lowson and Atlantic Avenue. This is a 22
acre single family subdivision. When the subdivision was platted no
community facility was provided. The developer now seeks to add a
community swimming pool and cabana on Lot 32 of the subdivision.
The Planning & Zoning Board conducted a Public Hearing on February 22nd
at which time the recommendation of denial was passed. Because of the
lengthy agenda and the late hour, the February 22nd meeting was
continued until February 29th. A request for reconsideration was made
by the applicant and the conditional use was approved by a vote of 4 to
2. The site plan was reviewed using criteria found in Section 30-22(D)
"Standards for Evaluating Site and Development Plan Applications".
Recommend approval of conditional use request to establish a community
facilitv within the Fairways of Delray Subdivision and that said
approval is valid for a period of six months pursuant to Section 30-
2l(E) and 30-22(E) of the Municipal Code.
Item No. 23 Site Plan Approval. O. D. and Mary Priest have requested
site plan approval for commercial property on North Federal Highway
located between Dixie Highway and U. S. 1 adjacent to N. E. 16th
Street. The .64 acre parcel is zoned General Commercial (GC). This is
a revised site plan which includes the dedication of required right-of-
way through platting of the property. The plat is cur rently under
staff review and is scheduled for consideration by the Planning &
Zoning Board later this month. The site plan has been analyzed under
"Standards for Evaluation Site and Development Plan Applications" which
were addressed satisfactorily subject to the following stipulations:
1. The finished floor elevation be at least 18 inches above
grade of Dixie Highway.
2. The site plan be revised to indicate the area formerly
identified as sidewalk along Dixie as being sodded.
3. That the final plat be approved prior to issuance of a
building permit.
4. That a landscaping plan approved by the City
Horticulturist be included prior to receipt of plans for
plan check by the Building Department to include provision
of sod and irrigation in the 3.5 foot planter along
Federal Highway and to adjacent roadways, Dixie and
Federal.
5. This site plan approval is valid for 18 months pursuant to
Section 30-2l-E of the Municipal Code.
Recommend approval of the site plan Droposed for Priest Commercial
proDertv on North Federal Highway.
-8-
AGENDA REPORT
Meeting of March 8, 1988
Item No. 24 Request for Waiver of Processing Fees. Pastor David Gray
of the Bible Church of God/Delray located at 35 N. E. 1st Avenue has
requested a waiver of conditional use and site plan fees. While the
City Commission has granted waiver or reduced fees in the past, the
project involved was judged to have fulfilled a community need such as
establishment of an infant care center or child care center. The
request here is for estblishment of a church in an existing building
which is a more private use.
Recommend denial of a request for waiver of processing fees.
Item No. 25 - Request for Annexation and Water Service. Borton VOlvo,
Inc. represented by Roger Saberson is requesting water service for the
Volvo Dealership on North Federal Highway adjacent to N. E. 22nd
Street. Our standard water service agreement serves as a request for
annexation. The property on North Federal Highway is in Palm Beach
County and is not part of an enclave and thus this water service
agreement and the annexation of the property is appropriate. This item
was heard by the Planning & Zoning Board at its February 22nd meeting
at which time the Board recommended approval of the water service
agreement subject to the following stipulations:
1. that a complete petition for annexation, including full
processing fees, be submitted and deemed acceptable for
processing prior to execution of the water service
agreement;
2. that disposition of the code violation dealing with the
lack of back-up maneuvering area be accommodated by
acceptance of the existing situation
3. that the full five foot landscape strip along the south
property line be provided without encroachment by display
parking and this be reflected via a site plan revision;
4. that the CBS will receive architectural treatment in a
manner approved by the CAB;
5. that the petitioner provide documentation relative to the
specifications of the lighting standards and their
illumination; if said documentation reveals a conflict
with City code requirements, a program for correction be
presented to the City Commission concurrently with its
consideration of the water service agreement request;
6. that the landscaping along the western border be changed
pursuant to the City Horticulturist.
The City is presently experiencing a water supply shortage. This
request for service will therefore be reviewed to assure that the
additional water required is available.
Recommend aDproval of a water service agreement request for Borton
Volvo subject to the stiDulations noted. pendin9 submission of a
standard water service agreement request including aDplication for
annexation. and pending analysis of our 9resent water supply resources
to assure adequate supDly.
Item No. 26 Request for a Water Service. Mr. and Mrs. Andrew Smith
have requested a water service agreement for property located at the
corner of Lake Drive and Denver Drive in the Lake Ida area. This
property is located within Enclave 13 and annexation is anticipated for
later this year. The property owner wishes to obtain water service at
the earliest possible date and is applying for annexation. Service
will be provided through extension of an existing 2" main which has
been judged acceptable by City utility and Fire staff. The Planning &
Zoning Board considered this request at its February 22nd meeting and
recommends approval.
Recommend approval of a water service agreement for proDerty at Lake
Drive and Denver Drive through extension of a 2" water main according
to installation policies and 1(ractices of the City's Utility Department.
-9-
AGENDA REPORT
Meeting of March 8, 1988
Item No. 27 Offer for Sale of Property. Mr. and Mrs. Anthony Williams
own property at Atlantic Avenue and N. W. 9th Avenue which they plan to
develop. In reviewing the building site plan with Engineering staff, a
suggestion was made that all or part of the property may be of value to
the City for aligning 9th Avenue or for future development. Following
a meeting with Mr. Williams and the City staff it was determined the
purchase pr ice and the procedures necessary to negotiate acquisition
within Mr. Williams' time frame could not be reached.
Mr. Williams has now offered to sell the parcels to the City for
$60,000. Earlier an offer of $35,000 had been made by the Community
Redevelopment Agency for the same parcels. If the Commission is
interested in pursuing acquisition of these properties it would be
appropriate to order an appraisal and direct staff to work with the
Community Redevelopment Agency to negotiate acquisition of the property.
Recommend Commission authorize
9ropertv at Atlantic and N. W.
value be obtained.
staff to negotiate
9th Avenue and that
acquisition of
an appraisal of
Item No. 28 Resolution No. 12-88. This item is a
resolution assessing costs for removing junked
vehicles from five different locations throughout
resolution sets forth the actual costs incurred
mechanism to attach liens to property in the event
remain unpaid.
nuisance abatement
and/or abandoned
the City. The
and provides the
these assessments
Recommend aDDroval of Resolution No. 12-88 assessing costs for abating
nuisances.
Item No. 29 Resolution No. 13-88. This item is a resolution assessing
costs for abatement action required to remove an unsafe building on
property on 122-124 S. W. 12th Avenue. The resolution sets forth the
actual costs incurred and provides the mechanism to attach a lien to
this property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 13-88 assessing costs for abating
an unsafe building within the City.
Item No. 30 Resolution No. 14-88. This item is a resolution assessing
costs for abating nuisances for 63 parcels of property at various
locations throughout the City. The resolution sets forth the actual
costs incurred and provides a mechanism to attach liens to property in
the event these assessments remain unpaid.
Recommend approval of Resolution No. 14-88 assessing costs for abating
nuisances.
Item No. 31 Resolution No. 15-88. This item is a resolution
abandoning a utility easement in Rainberry Bay, Section 8 requested by
Dimentional Builders & Associates, Ltd. This request has been reviewed
by all affected City departments and private utility companies none of
which object to the abandonment as the property no longer serves a
public use.
Recommend aDDroval of Resolution No. 15-88 abandoning a utility
easement in Rainberrv Bay. Section 8 across the west 10 feet of Lot 13.
Item No. 32. It is recommended that contracts be awarded as follows:
1. Lot clearing and mowing (Bid No. 88-44) - Various prices
a. Bob's Mowing and Land Clearing
b. Walcott and Son
c. Coastal Construction Service
2. McCartney Plante Daley Associates - $16,000 + expenses
-10-
".~.
,
~.. .............,.
.~.~ .....,.,.,.,... " '" ,~,t.'\tI .
.....~~......,_..~...~...,.. _. '~"'';;'.,,,,",,, ~.-.~:'-,
ORDINANCE NO. 2-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DEL RAY BEACH, FLORIDA, CHANGING THE CITY'S
LAND USE PLAN DESIGNATION IN THE
COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING
AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
FROM I (INDUSTRIAL) TO C (COMMERCIAL), SAID
LAND IS LOCATED ON THE EAST SIDE OF CONGRESS
AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N,W.
1ST STREET; AMENDING THE LAND USE PLAN;
PROVIDING AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 That ~he legal description of the subject
property is as follows:
The Nor~h 50 feet of t,he West H, I f (W 1/2) of
the Northwest Quarter (NW : /4) of the
Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of Section 18, Township 46
South, Range 43 East, less the West 53 feet
thereof, Palm Beach County, Florida.
The subject property is located on the east
side of Congress Avenue, b.,tween West
Atlantic Avenue and N,W, 1st Str.,et.
The above-described parcel contatns a 0.3289
acre parcel of land, more or IAs3,
I
I
I
I
II
II
"
II
.,
,
,I
I
I
I
I
I
I
Section 2. That the Land Use Plan designation of the
subject property in the Comprehensive Plan adopted by Ordinance
No. 65-79 is hereby changed to C (Commercial).
Se~tion 3, That the Planning Director of said City
shall, upon the effective da~e of this ordinance, change the Land
Use Plan of Delray Beach, Florida, to conform with the provisions
hereof.
Section ~ That thiR ordinance Rhall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular ~ession on second and
final reading on this thA ____~_ day of ~ _ , 1988.
I
il
I'
MAY 0 R
ATTEST:
Cit,y Clerk
Firflt Reading __________
Second Reading _________
to
ORDINANCE NO, 3-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE NORTH 50 FEET OF THE
WEST HALF (W 1/2) OF THE NORTHWEST QUARTER
(NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF
THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 18,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS THE
WEST 53 FEET THEREOF, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE EAST SIDE OF CONGRESS AVENUE,
BETWEEN WEST ATLANTIC AVENUE AND N.W. 1ST
STREET; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING AN
EFFECTIVE DATE,
WHEREAS, Exxon Corporation, a u"w Jersey Corporation,
is the fee-simple owner of the property hereinafter described;
and,
WHEREAS, David .r, Felton, as dUly authorized Agent for
Exxon CorpOration, a New Jersey Corporation, has requested by his
petition to have the property annexed into the municipal limits
of the City of Delray Beach; and,
WHEREAS, the subject property het'einafter described is I,'.
now contiguous to the corporate 11mi ts of the City of Delray
Beach, thus making said petition for annexAtion effective at this
time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and pr,wisions of City Code
Section 30-23 have been followed in esV'Ih11shing the proPosed
zoning deSignation; and,
WliEREAS, the City of Delray Bearh has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
New, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRA Y BEACH, FLOR IDA, AS FOLLOWS:
ae~tion 1. That the City Council
Beach, Pal'll Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
The North 50 feet of the West Half (W 1/2) of
the Northwest Quart,Ar (NW 1/4) of the
Nort.heast Quart.er (NE 1/4) of t.he Southeast.
Quart.er (SE 1/4) of Sect.ion 18, Township 46
South, Range 48 East, less the West 53 feet
thereof, Palm Beach Count.y, Florida.
The Subject property is located on the east
side of Congress Avenue, between West
Atlantic Avenue and N.W, 1st Street,
The above-described parcel cont.ains a 0,3289
acre parcel of land, more or less,
1
Section 2 That the Boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3, That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida,
Section 4, That the land hereinabove described shall
immediately become subject to all of the franchises, privileges.
immunities. debts, obligations. liabilities. ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
~tion 5. That this annex,~ t.ion of the subject
property. including adjacent roads. alley" or the like, if any,
shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless
otherwise specifically initiated by the Ci~y pursuant to current
requirements and conditions,
Section 6. That if any word. phrase, clause, sentence
or part of this ordinance shall be declared illegal by a Court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion,
Section 7, That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of __
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 3-88
PLANNING 8 ZONING BORRD
CITY OF OELRRY BEACH
STAFF REPORT
- --
MEETING ~TE:
January 25, 1988
AGENOFl ITEM:
III.D.
ITEM:
ANNEXATION WITH INITIAL ZONING OF GC GENERAL COMMERCIAL FOR A PARCEL
OF LAND ON CONGRESS AVENUE JUST NORTH OF ATLANTIC AVENUE (EXXON).
"
..
.
.
.........
CI)
CI)
w
a::
" (:l
-.-._----- ----...- Z
o
u
27
, EAC
., PLAT
,,-
",
311
t
.
,LO
-,.
N
, -
--~-
\
\
GENERAL
DATA:
PROJECT DATA:
OWUer.....................".,.,...Exxon Company USA
Developer...,..,..,......,.,...,...Exxon Company USA
Aqent......................,...., ..David J. Felton
Location. e . .. . . . . . .. .. .. . . . . . . . . . . .Behind eXisting Exxon on north
east corner of Atlantic Blvd.
and Congress Avenue
Parcel Size........................ .3289 acres
Land Use Plan designation..........(I) Industrial (existing)
Light Industrial (County)
Zoning..... ........................IL Light Industrial
Adjacent Zoning................... .Light Industrial to the north
GC to the west and south and
MIC-Mixcd Industrial
Commercial to the cast
Proposed Use................... ....Expansion of existing use to
the south (gas station ~ith
service bays)
0}'1
Current Use....................... .Vacant
Water' Sewer......................Water is provided to the site.
Sewer is provided by septic
ITEM:JIL ' L-
""..........-
~
L~
k
ORDINANCE NO, 5-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PORTION OF LOT 20 IN
BLOCK 1, DELRAY SHORES SUBDIVISION, AS
RECORDED IN PLAT BOOK 24, PAGES 232 AND 233,
PALM BEACH COUNTY PUBLIC RECORDS, LYING AND
BEING IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID
LAND IS LOCATED AT THE SOUTHEAST CORNER OF
THE INTERSECTION OF LAKE IDA ROAD AND DAVIS
ROAD; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO POC (PLANNED
OFFICE CENTER) DISTRICT; PROVIDING AN EFFEC-
TIVE DATE,
WHEREAS, All American Meat Company, an Illinois Corpo-
ration, is the fee-simple owner of th~ property hereinafter
described; and,
WHEREAS, Harold A, Greene, Attorney At Law, as Agent
for All American Meat Company, an Illinois Corporation, has
requested by his petition to have the property annexed into the
municipal limits of the City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petition for annexation effective at this
time; and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 30-23 have been fol lowed in establishing the proposed
zoning designation; and,
WHEREAS. the <;1 t,y of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171,044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS:
Qection 1 That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said City
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
A portion of Lot 20 in Block 1 of DELRAY
SHORES SUBDIVISION as recorded in Plat Book
24, Pages 232 and 233, Palm Beach <;ounty
Public Records, being in the southeast
quarter of Section 7. Township 46 South,
Range 43 East, Palm Beach County, Florida,
and being more fully described as follows:
Beginning at the southwest corner of Lot 10,
Block 1, of said Plat of DELRAY SHORES, run N
38 degrees 17'12" E, along the westerly line
of said Lot 10, 110,00 feet to a point,;
thence run N 8 degrees 28'10" E, 142,80 feet
to a point being the southwest corner of Lot
B, Block 1, DELRAY SHORES, thence run due
5?
north along the westerly line of said Lot 9,
110.00 feet to a point on the south
right-of-way line of Lake Ida Road; thence
run due west along said right-of-way 311,61
feet to a point of curvature of curve to the
left, having a radius of 55.67 feet; thence
run southwesterly along said curve through a
central angle of 90 degrees, an arc distance
of 87.45 feet to the point of compound
curvature of a curve to the left, having a
radius of 109,35 feet; thence run southeast-
erly along said curve, through a central
angle of 44 degrees 15' an arc distance of
84.45 feet to the point of compound curvature
of curve to the left having a radius of 1300
feet; thence run southeasterly along said
curve, through a central angle of 9 degrees
30', an arc distance of 215.55 feet to the
point of reverse curvature of a curve to the
right, having a radius of 2990 feet; thence
run southwesterly along said curve through a
central angle of 2 degrees 02 12", an arc
distance of 106,29 feet to the point of
beginning, containing 85,923,45 feet,
The subject property is located at
southeast corner of the intersection of
Ida Road and Davis Road,
the
Lake
The above-described parcel contains a
acre parcel of land, more or less,
1. 97
Section 2. That the Boundaries of the City of Delray
,Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Sect.ion 3,_ That, Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described are
hereby declared to be in Zoning District POC (Planned Office
Center) as defined by existing ordinances of the City of Delray
Beach, Florida
Section ~ That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the C i t,y of Delray B""qch are now or may be
subjected and persons residing thereon shell 1 be deemed citizens
of the City of Delray Beach,
Section-5~ That this annexation of the subject proper-
ty, including adjacent roads, alleys. or the like, if any, shall
not be deemed acceptance hy t.he City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions,
Qe~tlQIL_6_,_ Tha t if any word, phrase, clause, sentenc",
or part of this ord i nanc", S ha 11 be ct"", I a r",ct 11 I ega I by a Court of
competent jurisdiction, such record of illegality shall in no way
affect the remaining portion,
- 2 -
Ord. No. 5-88
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading ____._
Second Reading
- 3 -
Ord. No. 5-88
PLRNNING B LONING
CITY OF OELRRY
BORRD
BERCH
STAFF REPORT
---
MEET I NG o=tTE: January 2S. 1988
AGENJFI ITEM:
IILC
ITEM:
ANNEXATION AND INITIAL ZONING TO POG-PLANNED OFFICE CENTER FOR DELRAY
MF.nTC~AT. CENTER - LAKE IDA ROAD AND DAVIS ROAD
...~.,
.. , .. I , .
--- ... .----
. -
. ~
OELRAY
SHORES
GENERAL
DATA:
Owner ',................,.....,..,. All American Meat Company
Developer .........,.........,..... All American Meat Company
Agent .. ~ .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .... .... .... .. .. .. .. Harold A. Greene, Attorney
Location .......................... Southeast corner of Lake Ida
Road and Davis Road
Parcel Size .,." ........,...,..... 1.97 acres
Land Use Plan Designations ........ Office (City)
County Zoning
......................
eN-Neighborhood Commercial
with special exception to
permit medical center
Adjacent Zoning ".."...,.,."..,. PRD-4 to the north across
Lake Ida Road; RS-Residential
Family) to the south, RH-
Residential Multifamily and
POC-Planned Office Center
to the east
Current Use....................... Medical office center with
existing convenience stare
and pharmacy/drug store
Proposed Use ......................
Office center with
continuation of existing use
for pharmacY/drug store
<g
Water and Sewer Service
Water and Sewer are provided
ITEM: 111 A
--- . ""',
.
r
I"
r
ORDINANCE NO, 7-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
30, "ZONING", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 30-23 "REZONING REQUESTS",
BY REPEALING SUBSECTION (B) "PROCEDURES",
SUBPARAGRAPH (2)(d) IN ITS ENTIRETY IN ORDER
TO DELETE THE POSTING OF NOTICE REQUIREMENT
ASSOCIATED WITH THE REZONING OF PROPERTY;
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", Section 30-23
"Rezoning Requests", subsection (B) "Procedures", subparagraph
(2)(d) of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety.
Section 2. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid,
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
9
DEPARTMENTAL
CORRESPONDENCE
TO
Dav
Department of Planning and Zoning
,,,,~t
[ITY DF
DELIAY BEA[H
~(j
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
PUBLIC HEARING RE CODE AMENDMENT
FOR REZONING ACTIONS
TO DELETE POSTING REQUIREMENT
DA TE March 1, 1988
ITEM BEFORE THE COMMISSION:
This is the pUblic hearing and second reading of the ordinance
for deletion of the posting requirement for rezoning actions.
At first reading,
asked that they be
provided below.
Planninq and Zoning Board Recommendation: The Board has formally
recommended that the posting requirement be deleted at this time.
Upon completion of the enclave annexations, the Board felt it
would be appropriate to revisit the requirement.
the Commission raised several concerns and
addressed at second reading. Responses are
Practices of Other Communities: A telephone survey was taken of
other entities. Palm Beach County and Boca Raton require
posting. West Palm Beach, Boynton Beach, Lake Worth, and Lantana
do not require posting.
Basis for Action: There are three basis for the requested
action. One is the numerous administrative demands which will be
imposed as we proceed with the enclave annexations. These
requirements include the manufacture of the posts and signs, the
actual posting, photographing each posting, and providing an
affidavit for each posting. The second basis is that the posting
becomes a technical requirement which is to be met. If a notice
is removed or the method of posting is challenged, it presents a
potential obstacle to completing the annexations without undue
hassle. The final basis is that there are special notice
requirements imposed by the enclave act which involve a 1/4 page
advertisement with a map. This is in addition to other notice
requirements and a letter which is sent to each property owner.
Alternative methods of notification: If it is desired that some
posting be provided, that desire can be accommodated through
policy direction to place at least one posted notice in each
enclave at a conspicuous location.
CM 362
THE EFFORT ALWAYS MATTERS
q
r
.
I.
To: Walter O. tiarry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Public Hearing Re Code Amendment To Delete
Posting Requirement For Rezoning Actions
Page 2
ALTERNATIVE ACTIONS:
1. Approve on second reading.
2. Continue with direction.
3. Deny.
RECOMMENDED ACTION:
Approval of the proposed ordinance on second reading.
REF/DJK*15/B:CCPOST.TXT
.
~
f
DEPARTMENTAL
CORRESPONDENCE
[ITY DF
DELIAY BEA[H
~~(i
TO (r Walter o. B~~ Gi~Y Manager
FRo~~vacs, b'ir~eor
Department of Planning and Zoning
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
PROVIDING COMMENT TO PALM BEACH COUNTY UNDER THE 60 DAY REVIEW DATE February 29, 19
PROVISIONS REGARDING ESTABLISHMENT OF AN ACLF - II ON LONE PINE ROAD
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of making formal
comment on a County land use request which involves property
within an enclave.
This special review and comment period was formally enacted by
ordinance of the County Commission upon request by the City.
Prior to "certifying" that a land use request within an enclave
is complete for processing, the County provides a 60 day period
in which the City can formally review and make comments on it.
Items are processed through the Planning and Zoning Board with
its recommendation forwarded to the City Commission.
The City's formal position is to be communicated to the County
under the signature of the Mayor.
BACKGROUND:
The County allows an ACLF to be established in a single family
residential area, the City does not. Besides not being allowed
under the City codes, the proposed use was opposed by residents
of Lone Pine Road and adjacent neighborhoods. Besides the nine
letters cited in the attached staff report, three other letters
of opposition were provided prior to the Board's meeting. It has
also been reported that there are restrictive covenants on the
property which prohibit the proposed use. (Note: enforcement of
deed restrictions is a private matter and municipalities normally
do not involve themselves in their enforcement).
The property is located in Enclave 1158 and is targeted for
annexation in August, 1988.
[0
eM 362
THE EFFORT ALWAYS MATTERS
,
,
~
t.
.
To: Walter O. rlarry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Providing Comment to Palm Beach County Under The
60 Day Review Provisions Re Establishment of An
ACLF - II on Lone Pine Road
Planninq and Zoning Board recommendation: The Board reviewed this
request at midnight on February 22, 1988. Many residents of Lone
Pine remained to witness the Board's action, whereas the agent
for the project had left earlier. The Board stated opposition
to the request in that:
a) it is inconsistent with the City's Land Use Plan;
b)
it is inconsistent and not
which is to be placed on
impending annexation;
allowed under the zoning
the property under the
c) access for the proposed use is inappropriate;
d) the location is inappropriate in term~ of providing EMT
services to the use;
e) the impact of the continuing intensity of the use with
respect to water and sewer being handled through wells
and septics is questioned.
ALTERNATIVE ACTIONS:
1. Forward the Board's findings to the County.
2. Forward other findings to the County.
RECOMMENDED ACTION:
By motion, authorize the Mayor to execute a letter forwarding
City comments pursuant to the findings of the Planning and Zoning
Board and further inform the County that the enclave within which
the property is located is scheduled for annexation by the end of
August, 1988. The transmittal to the County is to contain a copy
of the City Commission documentation, the Planning and Zoning
Board staff report, and a copy of the letters received with
respect to this item.
Attachment:
- Planning and Zoning Board staff report
l
t~
PLANNING B LONING
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT
---
MEETING [)=ITE: February 22, 1988
AGE~ ITEM: IV. E
ITEM:
COMMENT ON PROPOSED ACLF ADULT CONGREGATE LIVING FACILITY AT DAVIS ROAD AND
LONE PINE ROAD (ENCLAVE, 60 DAY REVIEW)
_-_ .h _ -.~__........::I=-
- .
,
,.~
I
.!
'.
.
-
.
DATA:
General Data
OWner
........................
Nayade G. Cane
Beril Kruger
Beril Kruger , Associates
Aqent
........................
Location
.........................
Northwest corner of Lone Pine
and Davis Road
Property. Size ................... 0.88 Acres
County Plan
......................
Low to Medium Residential
County Zone Desiqnation
AR-Agricultural
Residential
City Plan Desiqnation
...........
Agricultural Residential
Transitional (ART)
Adjacent Zoninq
.................
Various Residential
Categories north, south,
east, and west.
Ex;sting Land Use
................
Six-bedroom Single family
residence.
Proposed Land Use
................
Conversion of unit to 12-bed
Type-l ACLF.
ITEM:
Water and Sewer Service ........" EXisting septic tank and well
.I:il. I
,
.
t
[1
CH2M HILL
project No.
ADDENDUM No.
DATE: March 4,
PAGE I OF
SE24708.AO
1
1988
5
ADDENDUM
11, 1988
INC.
TITLE:
TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES DATED February
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND CH2M HILL SOUTHEAST,
TWENTY-SERIES WELL FIELD CONTAMINATION ASSESSMENT AND REMEDIATION
CATEGORY OF WORK:
GENERAL:
This ADDENDUM shall modify the professional services agreement refer-
enced above and shall become part of that AGREEMENT as if written
there in full.
For the purposes of this ADDENDUM, the CITY OF DELRAY BEACH shall be
called "CLIENT" and CH2M HILL SOUTHEAST, INC., shall be called
"ENGINEER. "
This addendum provides for professional engineering services required
~or implementing a Remediation Program and design of Contaminant
Removal System for the Twenty-Series Well Field. The scope of ser-
vices to be provided are as described hereinafter.
I. SERVICES TO BE PROVIDED BY THE ENGINEER
A. DESCRIPTION OF WORK TASKS
ENGINEER will provide specific services to the CLIENT in
accordance with the following detailed Task descriptions.
1. Task I -- Interim Treatment System
4>~
a.
ENGINEER will develop design criteria for the
Interim Treatment System based upon the best
available data at the time.
b.
ENGINEER will investigate the availability of temp-
orary process equipment (air stripping towers
and/or activated carbon adsorption units) that
could be utilized on an interim basis.
c. ENGINEER will design the Interim Treatment System
for removal of known contaminants from the raw
water production from several wells.
d. ENGINEER will provide program management services
during installation of interim treatment equipment.
e. ENGINEER will provide written operation and main-
tenance instructions to the CLIENT for the Interim
Treatment System.
f. ENGINEER will work with the CLIENT's general con-
tractor and material suppliers to obtain price
quotations and delivery schedules for the various
items of equipment required, and provide the
CLIENT with the data required to procure and
install the equipment.
2. Task 2 -- Water Quality Sampling Program
a.
ENGINEER will collect water samples
the water treatment plant (finished
Wells 21, 22, 23, 24, 25 and 26.
bi-weekly from
water) and
gnAD1/041
DBT086/011
1
tl
CH2M HI!
Project No. SE24708.AO
ADDENDUM No. I
DATE: March 4, 1988
PAGE 2 OF 5
ADDENDUM
11, 1988
INC.
TITLE:
TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES DATED February
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND CH2M HILL SOUTHEAST,
TWENTY-SERIES WELL FIELD CONTAMINATION ASSESSMENT AND REMEDIATION
b. ENGINEER will analyze water samples by EPA Method
524.2.
c. ENGINEER will collect water level measurements
from Wells 21 through 26 and the Golf Course Wells
concurrent with the water quality sampling.
3. Task 3 -- Contamination Assessment and Well Field
Evaluation
a. ENGINEER will prepare a plan which outlines all
the tasks necessary to provide a characterization
of the nature and magnitude of the contaminant
plume, evaluate containing the plume and preventing
it from migrating to the golf course well field,
and obtain data essential to the design of the
interim and Twenty-Series well field treatment
systems.
b. ENGINEER will prepare a Quality Assurance Project
Plan (QAPP) in accordance with the "Interim Guide-
lines and Specifications for Preparing Quality
Assurance Project Plans, QAMS-005/80, December 20,
1980" prepared for the U.S. Environmental Protec-
tion Agency.
c. ENGINEER will implement contaminant assessment
activities which will include the installation of
monitoring wells and the sampling and analysis on
water samples.
d. ENGINEER will use a groundwater/solute transport
model to predict the movement of contaminant plume
in the Twenty-Series well field and the treatment
system and define the cone of influence with
respect to the proposed golf course well field.
3 .
NGINEER will prepare the permit applications
uired by the Florida Department of Environ-
me al Regulations (FDER), to obtain a
cons ruction/operation permit for the contaminant
remov system.
4 -- permittin Assistance
a.
~
b.
'11 prepare the exemption notice which
y the South Florida Water Management
District (SF ) for construction and operation of
the storm water management system for the new
treatment system site.
5.
Task 5
System
a. ENGINEER will utilize available data to develop
the conceptual design for the contaminant removal
system.
Conceptual Design - Full Scale Treatment
gnAD1/041
DBT086/011
2
CH2M HILL
Project No.
ADDENDUM No.
DATE: March 4,
PAGE 3 OF
SE24708.AO
I
1988
5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES DATED
February
II, 1988 BETWEEN THE CITY OF DEL RAY BEACH, FLORIDA AND CH2M HILL SOUTHEAST,
INC.
TITLE: TWENTY-SERIES WELL FIELD CONTAMINATION ASSESSMENT AND REMEDIATION
- L
'-
/t
~~<-~
-"'_"..m-:;
L-l;A
c.
~
!^
\ \ I
, V
,
\
J
6.
c.
b.
ENGINEER will perform topographical land features
survey of proposed site of treatment system as
needed for the design work.
ENGINEER will perform a geotechnical investigation
of the proposed site for the new treatment system
to obtain design data for the proposed structures.
d.
ENGINEER will prepare a Conceptual Design Memoran-
dum which will outline the proposed design criteria,
process, mechanical, electrical, and instrumentation
and control concepts.
Task 6 -- Detail Design - Full Scale Treatment System
a. EER will prepare Contract Docufu~nts (Plans
and S cifications) as require 0 engage the ser-
vices 0 a general contracto for construction of
the trea ent system. In s much as possible,
this work ill be done a fast-track basis to
expedite de 'gn.
b.
re pipeline construction contract
parallel
the well field to the water
ENGINEER ill prepare
cost of construction
the p' eline.
estimate of the probable
he treatment system and
7. Task 7 -- Services Durinq Construction (SDC) Proqram
Management
i
I
'i
a.
b.
c.
d.
gnADl/041
DBT086/011
ENGI EER will assist the CLIENT in the selection
of a neral contractor for the construction of
the tre ment facilities.
ENGINEER w~ 1
contractor's
procurement 0
in the Contract
reviews of the
nd manufacturer s submittals for the
equipment as described
ENGINEER will prov e t e services of an on-site
observer during the struction period to observe
the progress of the rk, act as liaison between
the general contrac or nd the design team, to
report on the pro ess the contractor's sche-
dule, and to rev' w month pay requests from the
general contrac or and rec end for payment by
the CLIENT.
ENGINEER wi}l provide periodic visits to the site
by the ap~opriate design professionals to observe
the progress of the work during construction.
3
CH2M HILL
Project No.
ADDENDUM No.
DATE: March 4,
PAGE 4 OF
SE24708.AO
1
1988
5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES DATED
February
11, 1988 BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND CH2M HILL SOUTHEAST,
INC.
TITLE: TWENTY-SERIES WELL FIELD CONTAMINATION ASSESSMENT AND REMEDIATION
8. Task 8 -- Groundwater and Treatment S stem Monitorin
a. will collec influent and effluent
startup of interim and final
b. ENGINEER wi ontinue monthly monitoring of the
treatmen syste s. Samples will be collected from
the tre ment sy em influent, effluent, 6 produc-
ells, and 13 monitor wells for approximately
ths following system startup.
B. ASSUMPTIONS
The work described herein is based upon the following assump-
tions. Should conditions differ from those assumed in a
manner that will affect budget or schedule, the ENGINEER
will advise the CLIENT in writing of the magnitude of the
required adjustments. Changes in compensation to the
ENGINEER will be as negotiated with the CLIENT.
I. CLIENT will assist ENGINEER in the collection of water
samples as described in Task 2.a.
2. The cost estimated for Task 2 are based upon EPA Method
524.2 analysis of 18 samples per month for 3 months.
3. Only those permits specifically listed in Task 4 are
anticipated. Any other permits which may be required
will be considered as a change in scope.
4. CLIENT will provide timely review of Conceptual Design
Memo and provide verbal comments to the ENGINEER in
review meeting. ENGINEER will provide a written record
of the results of the meeting.
5. CLIENT will provide timely review of the final design
documents and provide verbal comments to the ENGINEER
in review meetings. ENGINEER will provide a written
record of the results of the meeting.
6. CLIENT will contract with a general contractor on a
time and materials basis for the construction work.
7. CLIENT will contract with necessary personnel on a time
and materials basis for work needed to complete the
contamination assessment.
8.
CLIENT will review approve and procure equipment as
required to expedite the construction progress.
9.
ENGINEER has based estimate of cost of construction
services on an anticipated 6 month construction
schedule.
gnAD1/041
DBT086/011
4
CH2M HILL
Project No. SE24708.AO
ADDENDUM No. I
DATE: March 4, 1988
PAGE 5 OF 5
ADDENDUM TO THE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES DATED February
11, 1988 BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND CH2M HILL SOUTHEAST,
INC.
TITLE: TWENTY-SERIES WELL FIELD CONTAMINATION ASSESSMENT AND REMEDIATION
CATEGORY OF WORK:
II. COMPENSATION TO THE ENGINEER
Compensation for the professional engineering
cribed hereinafter will be as follows:
Task 1 Interim Treatment System
Task 2 Water Quality Sampling Program
Task 3 Contamination Assessment and
Well Field Evaluation
Task 4 Permitting Assistance
Task 5 Conceptual Design
Task 6 Detail Design
Task 7 SDC Program Management
Task 8 Groundwater and Treatment
System Monitoring
TOTAL
$
52,200
5,500
60,400
143,700
145,500
15 00
$510.,300
Compensation for services will be based upon direct
by a factor of 2.35, plus direct expenses connected
invoiced monthly. Estimated fees are as summarized
tasks.
***************************************************************************
CITY OF DELRAY BEACH
BY:
TITLE: Mayor
Attest:
Date:
Approved as to form:
City Attorney
Date:
J
()O
6D 0
{ ?Ol
q~
~n III
gnAD1/041
DBT086/011
CH2M HILL SOUTHEAST, INC.
BY:
TITLE: Vice President and Regional
Manaqer
Attest:
Date:
5
FROM~. Gerald B. Church, P.E., Acting
~. of pubric worKs7City Engineer
Director
[IT' DF
DELIA' BEA[H
'T~,-Ci
OEPARTM~ ~TAL
CORRESPONDENCE
TO Wal ter .0_,_ Bar;'Y0.:L.ty Manager
ATLANTIC AVENUE BEAUTIFICATION PROJECT
3/4/88
SUBJECT
DATE
The design development plans for Atlantic Avenue beautification have
been completed by Sasaki Associates, Inc. The next steps are the
preparation of construction documents and the installation of the
improvements. We are requesting, at this time, the City Commission
approval of the project as designed as a two-lane roadway with
widened sidewalks, landscaping and street lighting. Further, it is
recommended that construction of the project be phased and that a
portion of the plan, that section from the FEC railroad tracks east
to 5th Avenue, be constructed on a fast-track schedule to be com-
pleted by November 24, 1988. In line with these proposals, approval
is recommended to amend the consultant's contract to expand the scope
of basic services and include additional fees for fast-tracking of
the project.
Sasaki Associates was requested to submit a proposal to fast-track the
Atlantic Avenue Beautification Project, to construct phase I of the
project this year. They were asked to provide a schedule for comple-
tion and identify the additional costs involved.
Sasaki Associates have submitted their schedule, identifying the
various elements of the project and the time for completion of each.
The City's participation in the permitting, agreements, easements and
street turnover have been included. subject to meeting the various
deadlines, Sasaki Associates anticipates the project can be completed
by November 24, 1988.
The completion date should be construed as an absolute deadline in
that the merchants would tolerate no construction during the shopping
season from Thanksgiving to Christmas. Timing is so critical that any
delay in the City's approvals, contract approval, DOT approvals,
agreements, easement acquisition, engineering design, construction or
other delays could upset the schedule. The suggestion is to proceed
on a fast-track basis, anticipating that the project will be completed,
however, realizing that a delay, if it should occur, will put the pro-
ject off until April, 1989.
The Atlantic Avenue Beautification Project has been increased in scope
beyond the original budgeted amount of $1,600,000. It was felt im-
portant to emphasize and define the downtown. This is to be done with
distinctive sidewalk and intersection treatments as well as landscaping
and lighting. It is anticipated some road work involving the recon-
struction of portions of Atlantic Avenue will be required because of
d ~ .t&.Ut/l~ I /.( t ~ ~ ~ -
11:'S)'~ CU~, /~-'~~!J.4 ~ _ ~;II r~. All 6 ~ .r~~..e4...
~ ,. &. ....1. ttA. rl1 ./~~Jt, (-z..
CM362 ~ ~~J 1 J~ 'l' THE EFFO~T ALWAYS MATTERS
2
the elevat~on of Atlantic Avenue relative to the existing sidewalk
grades. ~..~dditional costs due to phasing of the project over
three yeart!(!. $200,000. The total cost of the construction is
$2,300,00'0...' Design fees have increased due to the increased scope
of work; phasing and fast-tracking from $128,000 to $208,200. In
addition, there are other fees involved for non-project construction
in the amount of $40,500.
Attached is a letter of February 24, 1988 requesting Sasaki to pro-
vide the proposal for phasing the construction and increasing the
scope of services, Sasaki's proposal dated February 29, 1988, and
a summary of the increase in the construction costs and fees, as
prepared by Sasaki dated March 3, 1988.
The City Commission is requested:
o
To approve the design of the Atlantic Avenue Beautification
Project as presented.
o
To approve construction phasing in order to fast track the
project. 11~~.
~;},. "lr
To approve a contract amendment to provide fees for addi- "11;;;:
tional services beyond the original scope of services. . ~;.~, .'
o
GBC:mrc
Attachments
--?:\
(~
~)7~ Dr DcLRA~ E]]}jIH
100 N,W. 1st AVENUE
DELAAY BEACH, FLORIDA 33444 . -305/243.7000
ENGINEERING DEPARTMENT
February 23, 1988
Mr. Ian A. Nestler
Sasaki Associates, Inc.
4649 Ponce de Leon Boulevard
Coral Gab~es, Florida 33146
Re: Atlantic Avenue Beautification Project
Dear Mr. Nestler:
.
We intend to go before City Commission on March 8, 1988
for approval of a fast track approach to the subject
project. In order to do this we need'a report from you
addressing time requirements and additional design costs
for the project based on the following:
o
Develop the preliminary design for the entire pro-
ject limits (Swinton Avenue to Intracoastal Water-
way). The design will provide for sidewalks sloped
in the standard manner and for road reconstruction
as needed, saving the road wherever possible.
Develop a cost estimate for the entire project.
Specify any optional costs (i.e., surface treat-
ments) . .
o
Develop final design and documents for Phase 1
(east R/W F.E.C. RR to west R/W 5th Avenue). In-
clude a cost estimate for Phase 1. Develop a time
schedule for Phase 1 based on a completion date of
November 24, 1988. . Assume that the road will be
closed for construction with traffic detoured.
Include in your report any factors which will quali-
fy the time schedule. Phase 2 of the project will
be from the east R/W of F.E.C. RR through swinton
Avenue. Construction is proposed for 1989.
Phase 3 will be from the west R/W of 5th Avenue to
the Intracoastal Waterway. Construction is proposed
for 1989-1990.
o
In developing consultant costs, assume that you will
be responsible for all design work, including road
improvements, drainage, traffic design {i.e., signal
THE ErFORT ALWAYS MATTERS
Mr. Ian A. Nestler
Sasaki Associates, Inc.
February 23, 1988
Page two,
., modification, etc.
is the storm sewer
by others.
The only exception to this
system which has been completed
o
Include in your report the final selection of street
light design for approval by the City.
.'
o
City forces will be responsible for permitting, ease-
ment acquisition, the agreement with Florida Power
and Light Company, and the turnover by F.D.O.T. to
City jurisdiction.
o
The project budget will be based on project require-
ments and options chosen by City Commission. Funds
currently available are $1.5 million, which includes
both construction and fees.
Please deliver your report on or before February 26, 1988.
Direct any questions to John Walker at 243-7342.
Very truly yours,
~~
Gerald B. Church, P.E.
Director of Public Works/
City Engineer
JPW:GBC:mrc
cc: City Manager
Assistant City Manager
Joe Weldon
Nancy Davila ./'
John Walker V
Sasaki Associates, Inc.
Planning / Architecture / Landscape Architecture / Urban Design
Civil Engineering t Environmental Services
Fellruary 29. 1988
Mr. Walter O. Barry
City Manager
City of Delray Beach
100 N. W. First Avenue
Delray Beach. FL 33444
RE: Atlantic Avenue Beautification Project
SA 6540
Dear Mr. Barry:
Our recent conversations with yourself and the city staff have
modified the schedule and scope of the above referenced project.
This letter. along with Mr. Church's letter of February 23. 1988 .
summarizes the impact on the work in terms of 1) scope of service"}
2) phasing; 3) schedule; 4) est1lllate at probable construction cost,
5) amendments to the contract and modification of fees and 6) CitJt,
responsibility. .'
1. Scope of Services
With our presentation to the Commission on March 8 (and their
authorization to proceed) we will have completed design develop-
ment for the project as described in our contract dated March 18,
1987.
You have requested that we modify the work as follows:
1.1 The construction shall be done in three phases.
1.2 Phase One shall be designed and built at an accelerated
schedule so that construction can be completed by November
24, 1988.
1.3 The roadway portion of Atlantic Avenue and its drainage
shall be reconstructed from Swinton to Fifth Avenue.
Schematic Design and Design Development have not been com-
pleted for this work.
4649 Ponce de Leon Boulevard, Coral Gables, Florida 33146 305/6611346
(l.~ PI(\\<;,'I,i St,,;
'i"[:,
;,::-.
\2:7": '1 <1,>,,, '.(11,1 1(,:(',\ '122-\71
11l)-;
Sasaki Associates, Inc.
Mr. w.lter O. Barry
:rellruary 29, 1988
pe.. 2
2. Phasing
The project is to be broken into three phases as follows:
2.1 Phase One is between the eastern FEC right-of-way and the
western right-of-way of Fifth Avenue.
2.2 Phase Two is from Swinton Avenue to the east boundary of the
FEe right-of-way.
2.3 Phase Three is from Fifth Avenue eastward to the intra-
coastal.
3. Schedule
The work is to be scheduled such that primary construction is 1
accomplished during the "off-season" (between April and November)
in the following years: !
3.1
3.2
3.3
Phase One
Phase Two
Phase Three
1988
1989
1990
Attached separately is a draft schedule for Phase One. The
design, bidding and award portions of the schedule show mile-
stones that both the consultants and the City must meet. The
schedule is accelerated and is driven by the requirement that
construction be completed by November 24, 1988. The consultants
feel confident they can meet their part of the schedule. The
City needs to confirm their ability to meet the milestones indi-
cated.
The construction period indicated is based on our judgement that
this is adequate time. During this week we will be meeting with
our engineering consultants and a general contractor to verify
the construction portion of the schedule. We can provide pro-
vision for contractor penalties if the date is not met. However,
the consultant does not manage the construction and cannot
guarantee the contractor's schedule. Also, unforeseen items
during construction, such as weather delays, may impact final
completion.
Sasaki Associates,lnc.
Mr.. Walter O. Barry
February 29. 1988
Paae 3
4. Estimate of Probable Construction Cost
The following estimate is based on the schematic desian as
reviewed and approved by the Atlantic Avenue Improvements
Committee. modifications to the Scope of Work outlined in the
February 23. 1988 letter aDd the final desian development that is
to be presented to the City Commission on March 8. 1988. The
estimate now includes the reconstruction of Atlantic Avenue from
Swinton to Fifth. an allowance for lowering the Atlantic Avenue
water main. dOin& the construction in three phases. and
escalation of construction costs over three years. We will a180
develop a separate series of desian and/or construction cost
options for presentation to the City Commission.
PHASE ONE
(E. of FEC Row to 5th Ave.)
$ 625.000
PHASE TWO
(Swinton to E. FEC R.O.W.)
$ 900.000
PHASE THREE
(5th Ave. to Swinton Ave.)
$ 775,000
Estimate of probable overall
construction cost:
$ 2,300,000
Sasaki Associates,lnc.
Hr. Walter O. Barry
Pebruary 29, 1988
Paae 4
5. Amendments to the Contract
Our contract needs to be amended as follows:
5.1 Basic service fees need to be adjusted to reflect three
phases of construction and documentation.
5.2 Provision for extra services is written into our present
contract. The modified project requires the addition of ,
services and fees in the followina areas: f
A) The reconstruction of Atlantic Avenue roadway and it!.
drainaae. ! '
B) A plan for diverting traffic durina each phase of co&-
struction.
C) A plan for adjustina the signalization alona Atlantic
Avenue durina construction and to the new condition
that will exist after construction.
D) A detailed survey of storefront grades to ensure that
water will drain to the reconstructed Atlantic Avenue
curbs.
E) A detailed Estimate of Probable Construction Cost on a
phased basis including detailed quantities and unit
prices.
F) The administration of an accelerated design and biddina
process in order to accomplish the first phase by
November 24, 1988. This includes weekly meetings
during the design phase between the consultants and a
City Representative who can facilitate timely City
review on a continuous basis.
G) Since the time for completion of construction for Phase
One is so critical, we recommend that the consultant
provide full time Project Representation on site.
Sasaki Associates,lnc.
Mr. Walter O. Barry
February 29. 1988
Pa.. 5
A detailed breakdown of fees based on our completion of Design
Development follows:
PHASE ONE:
Basic Services (complete thru DD)
Construction Documents. Bid & Construction
Administration
Additional Services
Road Engineering (water main. grading.
drainage)
Detail Survey (micro-grading)
Traffic Control Plan (Ped. & Veh.)
Signalization
Detailed Estimate of Probable
Construction Cost
Project Coordination & Scheduling
TOTAL PHASE ONE FEES
NOTE:
Project Representation during construction
is recommended for this Phase on a Time and
Expense basis.
PHASE TWO:
Basic Services (same as Phase One)
Additional Services
Road Engineering
Detail Survey
Traffic Control
Signalization
TOTAL PHASE TWO FEES
PHASE THREE:
Basic Services (Same as Phase One)
Additional Services
Traffic Control
Signalization
TOTAL PHASE THREE FEES
$ 30.000
17.500
1.000
2.000
1.500 /
2.000
5.000 J
$ 59.000
$ 40,350
29.250
1.000
2.000
2.000
$ 74.600
$ 46.300
2.000
2.000
$ 50.300
Sasaki Associates, Inc.
Hr. Walter O. Barry
Pebruary 29. 1988
Faae 6
6. City Responsibility
The City's responsiblities remain as described in the contract.
Certain of those responsibilities are particularly critical to
our ability to accomplish Phase One in the time period available.
The City needs to make its own assessment of whether this can be
accomplished. Critical issues to be completed prior to the
beginning of construction are as follows:
6.1 Obtain. process and facilitate agency permits and approvals.
6.2 Acquisition of all easements necessary for project construc-
tion.
6.3 Obtain from FP&L the agreements necessary to sccomplish the
proposed street lighting.
6.4 Complete the FDOT turnover of Atlantic Avenue.
In addition to the above, we are prepared to present. on March 8.
1988. the following design elements to the Delray Beach City
Commission: streetlights, pavers, trees. furnishings and any optional
itelDS. At your direction. we will not present signage and logo
information.
This draft report can be modified and revised after review by
yourself and the City staff and prior to the presentation to the
COmmission on March 8th.
Should you have any questions or comments, please feel free to call.
i:l~
Ian A. Nestler
Senior Associate
IAN/1gc
Attacluuents:
Draft Schedule Phase One
Summary of Anticipated Expenditures
cc: Richard Rogers
Gerald Church
John Walker
Nancy Davila
Joe Weldon
Sasaki Associates, Inc.
ATLANTIC AVENUE BEAUTIFICATION
SUMMARY OF ANTICIPATED EXPENDITURES
AVAILABLE FUNDS
$ 1,500,000
FEES:
Expended thru Design Development
Additional Survey & Loop Studies
Phase One - Full Services
Phase One - Additional Services
Phase One - Estimated Reimbursables
Phase One - Estimated Project Rep-
resentation
SUB TOTAL (Rounded)
Phase TWo - Services & Reimbursab1es
Phase Three - Services & Reimbursables
EXPENDITURE:
Phase One (1988)
$ 1,500,000
195,000 (Fees)
625,000 (Construction)
$ 680,000 Balance of Available Funds
Phase
$
TWo (1989)
680,000 (Phase One Balance of Funds)
80,000 (Fees)
900,000 (Construction)
300,000 Additional Funds Needed Phase
TWo
Phase Three (1990)
$ 55,000 (fees)
+ 775,000 (construction)
830,000 Additional Funds Required Phase Three
0654
$ 44,800
40,000
30,000
29,000/
12,000 r /
38,000 ./
$ 195,000 ...
,/
$ 80,000 f'
/
$ 55,000 t \ ,'"
I.I.J..-L" f"
,. ~,~
Sasaki Assoclates, Inc.
ATLANTIC AVENUE BEAUTIFICATION PROJECT
FEE COMPARISON TABLE
March 3, 1988
SERVICES BASED ON
CONSTRUCTION VALUE 1,596,111 2,296,604
CONTRACTED
FEE NEW FEE
1 Schematics 12,800 12,800
2 Design Development 32,000 32,000
3 Construction Documents 51,200 71,785
4 Bidding 6,400 8,973
5 Contract Administration 25,600 35,892
6 Road Engineering -0- 46,750
TOTALS 128,000 208,200
8% 9%
SERVICES NOT BASED ON
CONSTRUCTION VALUE
7
8
9
10
11
12
Loop Master Plan
Survey
Traffic Control
Signalization
Detailed Cost Est.
Coord. & Scheduling
20,000
20,000
-0-
-0-
-0-
-0-
-0-
22,000
6,000
5'50tI
2,000
5,000
NOTE:
Items 1-5 above are basic services according to our contract.
Items 6-12 are considered additional services.
0672A
Sasaki Assc.".lates, Inc.
ATLANTIC AVENUE BEAUTIFICATION PROJECT
March 3, 1988
~ DESCRIPTION 11/23/EST 3/3/EST
1 Demo Public & Priv. Walk 25,200 25,200
2 Demo Curb 11,970 11,970
3 Remove Cone. Light Poles -0- 7,000
4 Pavement Demo 13,500 13,500
5 Plant Removal 4,125 4,125
6 Fine Grading 25,000 25,000
7 Cone. Curb 53,840 53,840
8 Road Work 37,890 162,890
8(a) Water Main -0- 56,000
9 Sidewalks 164,853 296,853
10 Intersections 51,842 134,842
11 Pedestrian Lights 198,000 198,000
12 Intersection Lights 135,000 135,000
13 Waterproof Receptacle 8,200 8,200
14 Street Furnishings 21,080 21,080
15 Signage 4,550 24,550
16 Landscape & Irrigation 176,506 176,506
17 Drainage Improvements 125,890 125,890
18 Electrical 82,500 82,500
19 Nodes 36,227 36,227
SUBTOTAL 1,176,173 1,599,173
20 General Conditions, O&P 147,022 199,897
21 Access to Stores 117,617 157,617
22 Estimating Contingency (15%) 176,426 (10%) 159,917
SUBTOTAL 1,617,237 2,096,604
~3 Phasing 5%
l ~4 Escalation 5%
IcJ,l. W &c,....( TOTAL
0672A
~~
2,296,604 ~366
~~~~~ ~ -'
Vl..klf ~au"7":" )
~ C. p~~it\.
~~Lf./J
~ ~"Y'-~(~IC'~
Q~~N'
t<.L .. H~'
-0-
-0-
100,000
100,000
1,617,237
-
...~~.
~J
ADD
7,000
125,0001
56,000 tf
132,000
83,000
20,000
423,000
52,875
20,000
(16,509)
479,366
100,000
100,000
ORDINANCE NO. 9-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA
BOUNDED ON THE WEST BY SWINTON AVENUE, ON THE
SOUTH BY N.E. 4TH STREET, ON THE NORTH BY
N.E. 8TH STREET, AND ON THE EAST BY THE
FLORIDA EAST COAST RAILROAD, AN HISTORIC
PRESERVATION DISTRICT; AMENDING THE ZONING
MAP OF DELRAY BEACH, FLORIDA, 1983; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at the
meeting held on February 11, 1988, unanimously recommended the
designation of Del-Ida Park as an Historic District,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following
the City of Delray Beach, Florida, is
Del-Ida Park Historic District:
described property in
hereby designated the
Blocks 1 through 13, inclusive. along with
Tracts A, Band C, DEL-IDA PARK. according to
the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book
9 at Page 52.
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 this ordinance shall become effective
ten days after passage on second and final reading.
PASSED AND ADOPTED in
final reading on this the
regular session
day of _
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading ________.._.__
Second Reading
to
d--&
P~JO-I~~ ~ ~~.
\'3>
I.
II.
III.
IV.
V.
VI.
VII.
.j;~' ,J"'" "').
'-;..
\~:.: !lel-ida.
pt1r~
192)
,-;...J :"
. ,~. ~~
PURPOSE.
LOCATION.
DISTRICT INVENTORY.
.
HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
PRESENT USE, CONDITION AND ZONING.
IMPACT.
RESOLUTION.
Prepared by patricia Cayce
for the
Delray Beach Historic Preservation Board
and the
Del-Ida Park Neighborhood Association
January IS, 1988
Oelray Beach, Florida
13
\
I
I
,
:'
[
!
DEL-TDA PARK HISTORIC DISTRICT
I. PURPOSE
The purpose of Del-Ida Park Historic District is to:
A. Provide a legal framework and incentive for
protecting the historic buildings constructed in
Del Ida Park:
B. Accentuate the existing structures with design
guidelines for complimentary alterations or new
construction;
C. To preserve the historic identity of Del-Ida Park
as a planned development; and
D. Encourage community pride in Delray Beach's rich
and interesting architecture and culture.
II . LOCATION
The Del-Ida Park Historic District is a l4 block area
in the northeast section of Delray Beach. It is
bounded on the north by N.E. Eighth Street, on the
south by N.E. Fourth Street, by N. Swinton Avenue on
the west and on the east by the Florida East Coast
Railroad. See the attached map of the plat for exact
legal boundaries.
III. DISTRICT INVENTORY
A. The Del-Ida Park Historic District is comprised
of:
1.
Contributing Buildings
47
103
2.
Non-Contributing Buildings
3. The entire plat and 2 existing parts A and B,
which are City owned. Block C (250 Royal
Court) contains a non-contributing building.
.
I
I
f.
I'
IV. (Continued)
The plan for the blocks and streets in this rectangular
plat is interesting and imaginative. When the town of
Delray was using the grid plan, Mr. Secord chose to
design diagonal streets to create a sense of space and
attractive irregularity. By placing Dixie Blvd., which
is 20 feet wider than the other streets, on a diagonal
he was able to plot lots with varying street frontage.
The plat design created the unusual triangular blocks
as well as Palm, Royal, Lake and Fern Courts. Three
small public parks fit into this scheme and gave a park
like atmosphere accessible to all residents of the
neighborhood.
Motivated by the patriotic spirit of the time and with
the optimism of the Florida land boom, Mr. Secord named
6 of Del-Ida Park's streets after United States Presi-
dents:
N.E. 8th Street . . . . . McKinley Avenue
N.E. 7th Street . . . . . Roosevelt Avenue
N.E. 6th Street . . . . . Taft Avenue
N.E. 5th Terrace . . . . . Wilson Avenue
N.E. 5th Street . . . . . Coolidge Avenue
N.E. 5th Court . . . . . Harding Avenue
During WW II the street names were changed to conform
with the City numbering system.
\
i~~
I
,
VI. IMPACT
The Del-Ida Park designation will give confidence and
strengthen the resolve of the Del-Ida Park Neighborhood
Association to preserve the character and unique
quality of this historic district. The designation
will also encourage restoration and preservation of
historic buildings.
VII. RESOLUTION
Del-Ida Park, with its proximity to Old School Square,
is a showcase for the imagination and craftsmanship of
many early Delray artisans. The Distr ict I s designa-
tion, recognition and redevelopment si.-gnifies a vital
cultural link and provides a continuity and pride of
place that are irreplaceable. It is resolved that the
Del-Ida Park plat become an Historic District under the
terms of prdinance No. l3-87.
\
f'
"
!
ORDINANCE NO, 10-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED
IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43
EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF LINTON BOULEVARD AND
GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO SC
(SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Wallace Ford, Inc" for.merly known as Bill
Wallace Ford, Inc., a Florida corporation, is the fee-simple
owner of a parcel of land lying in Section 20, Township 46 South,
Range 43 East, Palm Beach County, Florida. being more particular-
ly described as follows: Commencing at ~he Northeast corner of
Lot 53 of the Plat "Sands O'Sea" as recorded in Plat Book 21,
Page 27, of the Public Records of Palm Beach County, Florida,
thence S. 89 degrees 49' 49" W, along the North line thereof, a
distance of 11. 01 feet; thence S. 24 degrees 36' 15" W, along the
Westerly Right-of-Way line for "Germantown Road", as deeded in
Official Records Book 4325, Pages 1646, 1647 of the Public
Records of Palm Beach County, Florida, a distance of 43,32 feet
to the Point of Beginning of this description; thence continue S.
24 degrees 36' 15" W, along said West line, a distance of 519.44
feet; thence S. 40 degrees 22' 50" W, along the Westerly Right-
of-Way line for "Germantown Road" as shown on State of Florida
State Road Department Right-of-Way Map for I-95, Section
93220-2411, Sheet 18, a distance of 123,31 feet; thence S. 86
degrees 26' 27" E. along the Easterly projection of the North
Right-of-Way line for "S.W, 12th Street (Linton Boulevard)" as
shown on said State Road Department Right-of-Way Map, a distance
of 135,04 feet to a point on curve; thence Westerly along the
Easterly Right-of-Way line for "Germantown Road" as shown on the
Right-of-Way Map for "S. W, 12th Street", as recorded in Road Plat
Book 4, Pages 25, 26 of the Public Records of Palm Beach County,
Florida, along the arc of a curve to the left, whose radius point
bears N. 30 degrees 19' 06" E" having a radius of 25,00 feet, a
central angle of 30 degrees 44' 43", an arc distance of 13.25
feet to the Point of Tangency; thence N, 89 degrees 34' 23" E.
along the North Right-of-Way line for "S.W. 12th St.reet. (Linton
Boulevard) as shown on said Right-of-Way Map for "S. W. 12th
Street", a dist.ance of 44,60 feet; thence N. 44 degrees 34' 23"
E., a distance of 46.32 feet to a point of intersection with the
west right-of-way line for "Germantown Road" as shown on the Plat
of "BILL WALI,ACE NISSAN" as recorded in Plat Book 56, at Page 91
of the Public Records of Palm Beach County, Florida; thence N. 00
degrees 25' 37" W. along said West line, a distance of 203,95
feet to a point of curvature; thence Northerly continuing along
said West line along the arc of a curve to the right having a
radius of 804.00 feet, central angle of 25 degrees 01' 52", an
arc distance of 351.25 feet to the Point of Beginning; and,
WHEREAS, Roger Saberson, as duly authorized Agent for
Wallace Ford, Inc" formerly known as Bill Wallace Ford, Inc, a
Florida corporation, has requested by his petition to have the
property annexed int.o the municipal limits of the City of Delray
Beach; and,
let
WHEREAS, the subJect property hereinafter described is
now contiguous to the corporate limits of the City of Delray
Beach, thus making said petition for annexation effective at this
time; and,
WHEREAS, t.he designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 30-23 have been followed in establishing the proposed
zoning designation; and,
WHEREAS, the City
authorized to annex lands in
the Florida Statutes,
of Delray Beach has heretofore been
accordance with Section 171,044 of
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council
Beach, Palm Beach County, Florida, hereby
the following described land located in
Florida, which lies contiguous to said Ci~y
of the City of Delray
annexes to said City
Palm Beach County,
to-wit:
A parcel of land lying in Section 20, Town-
ship 46 South, Range 43 East, Palm Beach
County, Florida, being more particularly
described as follows: Commencing at the
Northeast corner of Lot 53 of the Plat "Sands
O'Sea", as recorded in Plat Book 21. Page 27
of the Public Records of Palm Beach County,
Florida; thence S, 89 degrees 49' 49" W.
along the North line thereof, a distance of
11. 01 feet; thence S. 24 degrees 36' 15" W,
along the Westerly right-of-way line for
"Germantown Road" as deeded in Official
Records Book 4325, Pages 1646, 1647 of the
Public Records of Palm Beach County, Florida,
a distance of 43,32 feet to the Point of
Beginning of this description; thence contin-
ue S. 24 degrees 36' 15" W. along said West
line, a distance of 519.44 feet; thence S. 40
degrees 22' 50" W. along the Westerly
right-of-way line for "Germantown Road" as
shown on State of Florida State Road Depart-
ment Right-of-Way Map for I-95, Section
93220-2411, Sheet 18, a distance of 123.31
feet; thence S. 86 degrees 26' 27" E. along
the Easterly proJection of the North Right-
of-Way line for "S. W. 12th Street (Linton
Boulevard)" as shown on said State Road
Department Right-of-Way Map, a distance of
135.04 feet to a point on curve; thence
Westerly along the Easterly right-of-way line
of "Germantown Road" as shown on the Right-
of-Way Map for "S. W. 12th Street", as record-
ed in Road Plat Book 4, Pages 25, 26 of the
Public Records of Palm Beach County, Florida,
along the arc of a curve to the left, whose
radius point bears N. 30 degrees 19' 06" E.,
having a radius of 25.00 feet, a central
angle of 30 degrees 44' 43", an arc distance
of 13.25 feet to the Point of Tangency;
thence N, 89 degrees 34' 23" E. along the
North Right-of-Way line for "S.W. 12th Street
(Linton Boulevard)" as shown on said Right-
- 2 -
Ord. No. 10-88
of-Way Map for "S.W, 12th Street", a distance
of 44,60 feet; thence N, 44 degrees 34' 23"
E., a distance of 46.32 feet to a point of
intersection with the West right-of-way line
for "Germantown Road" as shown on the Plat of
"Bill Wallace Nissan" as recorded in Plat
Book 56, Page 91 of the Public Records of
Palm Beach County, Florida; thence N, 00
degrees 25' 37" W. along said West line, a
distance of 203.95 feet to a point of curva-
ture; thence Northerly continuing along said
West line along the arc of a curve to the
right having a radius of 804.00 feet, a
central angle of 25 degrees 01' 52", an arc
distance of 351.25 feet to the Point of
Beginning.
The subJect property is located at the
northwest corner of the intersection of
Linton Boulevard and Germantown Road,
The above-described parcel con~ains a 0,99
acre parcel of land, more or less.
~~~ That the Boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
Section 3. That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described are
hereby declared to be in Zoning District SC (Specialized Commer-
cial) as defined by existing ordinances of the City of Delray
Beach, Florida.
Section 4. That the land hereinabove described shall
immediately become subJect to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
t.o which lands in the Cit.y of Delray Beach are now or may be
subJected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
~ctjon 5. That this annexation of the subJect proper-
ty, including adJacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6~ That if any word, phrase, clause, sentence
or part. of this ordinance shall be declared illegal by a Court of
competent Jurisdiction, such record of illegality shall in no way
affect the remaining portion,
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading,
" 3 "
Ord. No. 10-88
PASSED AND ADOPTED in
final reading on this the
regular session
day of
on second and
, 1988.
MAY 0 R
ATTEST:
City Clerk
First Reading __.__.______~.
Second Reading _
- 4 -
Ord. No. 10"88
DEPARTrv-NTAL
CORRESPONDENCE
[ITY DF
DELRAY BEA[H
~~~
TO
~t~3r~ ::;anager
~~d J. Kovacs, Director
Department of Planning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8 1988
FIRST READING OF ENACTING ORDINANCE FOR
THE WALLACE - GERMANTOWN ROAD ANNEXATION
0ATEFebruary 29, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Cormnission is first reading of an
ordinance which will annex and zone a portion of property which
was formally right-of-way of Germantown Road. The property is
now under the ownership of Wallace Ford. The requested zoning is
SC Specialized Cormnercial. A public hearing will follow on
second reading. Tentative hearing date is April 1Zth.
BACKGROUND:
The request is one of the steps necessary to wrap-up a previously
known situation. The situation is that through a public-private
arrangement, Bill Wallace provided right-of-way for a realignment
of Germantown Road where it meets Linton Boulevard. Wallace
Nissan constructed the realigned street section. The former
right-of-way was deeded to Wallace by the county. Once the
annexation is complete, the land will be added to the Wallace
Ford dealership for ingress/egress and display parking. The staff
report which provides more detail on the history of this parcel
is attached.
The associated conditional use request and site plan has been
before the Planning and Zoning Board which has recormnended
approval. The conditional use request will be before the
Cormnission following second reading of the enacting ordinance.
Planning and Zoninq Board recormnendation: The Board held a public
hearing at which there was no cormnent. The Board unanimously
forwarded the request with a recormnendation of approval.
fL}
eM 362
THE EFFORT ALWAYS MATTERS
.
,
I
,
To: Walter o. rry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
First Reading of Enacting Ordinance for
The Wallace - Germantown Road Annexation
Page 2
ALTERNATIVE ACTIONS:
1. Approve on first reading and set a hearing date.
2. Continue with direction.
3.
It is not appropriate
first hearing stage
initiated.
to deny such a request at the
since it has been privately
RECOMMENDED ACTION:
Hold first reading of the enacting ordinance for this annexation
with City zoning of SC and set a pUblic hearing date.
Attachment:
- Staff Report
\
::'1\
I
,
PLANNING 8 ~ONING
CITY OF DELRAY
BOARD
BEACH
MEET r NG (}qTE: February 22, 1988
STAFF REPORT
AGENDA ITEM:
III.C.
ITEM:
WALLACE FORD ANNEXATION AND ZONING OF FORMER GERMANTOWN RIGHT-OF-WAY
ADJACENT TO EXISTING DEALERSHIP
'~
......'
~ '
t/
~--
. --e. N+6*--
4.~ .'.
'~,
.---.
:
!
GENERAL
DATA:
General Data:
OWner. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. William L.. Wallace
Agent...........................Roger Saberson, P.A.
Digby Bridges, Marsh and
Associat.es
Location... .. .... .. .. .. .. .. . .. .. . .. .. .. .. . .. . .. .. .Northwest corner of Linton
Boulevard and Germantown Road
,
Property size......,.."...,..., ,9881 acres
County Land Use.......,.........Medium to Medium High Residential
1M-MIl)
County
Zoning.............,...,.Multiple Family Residential
Density) RH; General
COl1l1lercial CG
(High
City Plan Designation.,.........Commercial
Adjacent Zoninq.................SC to the north, east and west.
CC to the South
Existing Land Use...............Abandoned Germantown Road
right-of-way
Proposed Land
Use...............Extension of Existing Display
parking area for Bill Wallace
Ford dealership
Water and Sewer Service.........Adequate by extension of eXisting
site's service
ITEM: I1%. c..
\
,
.:,~
~
EMERGENCY ORDINANCE NO. 12-88
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATION", ARTICLE VI, "CODES ENFORCEMENT",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA BY AMENDING SECTION 2-102, "APPLICA-
BILITY", TO PROVIDE THAT THE CITY'S CODE ENFORCEMENT
BOARD SHALL HAVE CONCURRENT JURISDICTION TO HEAR AND
DECIDE CASES INVOLVING VIOLATIONS OF CHAPTER 29,
"WATER AND SEWERS", ARTICLE II, "WATER SERVICE",
DIVISION 2, "EMERGENCY RESTRICTIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes Section 166.041(3)(b) provides for
the adoption of ordinances on an emergency basis without necessity for
prior advertisement and on one reading; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
deemed that the adoption of this ordinance is necessary on an emergency
basis in order to provide concurrent jurisdiction to the City's Code
Enforcement Board for violations of Chapter 29, "Water and Sewers",
Article II, "Water Service", Division 2, "Emergency Restrictions", of
the Code of Ordinances of the City of De1ray Beach, Florida; and,
WHEREAS, it is the intent of the City Council of the City of
Delray Beach, Florida to expand the concurrent jurisdiction of the Code
Enforcement Board to hear and decide cases of violations of emergency
water restrictions, the City Council desires to limit the Code Enforce-
ment Board's jurisdiction to those instances where it is impossible for
the Police Department to issue a Notice to Appear for a violation of
emergency water restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administration", Article VI,
"Codes Enforcement", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by amending Section
2-102, "Applicability", to read as follows:
Section 2-102. Applicability.
The City's Code Enforcement Board shall have concurrent
jurisdiction to hear and decide cases inVOlving alleged
violations which are not criminal in nature where a pending or
repeated violation continues to exist of the following codes:
Chapter 2.5, Alarm Systems, Article I, In General; Article II,
Selling, Leasing, Servicing, etc.; Chapter 9 in Section 16-15,
Buildings and Construction; Chapter 11, Article II, Fire
Prevention; Chapter 12, Article I, Garbage and Trash; Chapter
3, Health and Sanitation; Chapter 14, Junk, Junkyards, and
'5
Automotive Repairs; Chapter 15, Licenses; Chapter 23, Streets,
Sidewalks and other Public Places; Chapter 24, Subdivisions;
Chapter 27, Trees and Shrubs; Chapter 29, Water and Sewers,
Article II, Water Service, Division 2, Emerqencv Restrictions;
and Chapter 30, Zoning, as said Codes now exists or as they
may be amended by ordinance from time to time.
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 effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3.
immediately upon its
provisions of Florida
That this ordinance shall become
passage on first reading, in accordance
Statutes Section 166.041(3)(b).
effective
with the
PASSED AND ADOPTED in regular session on this
, 1988.
day of
MAYOR
ATTEST:
City Clerk
First Reading
ORD NO. 12-88
2
EMERGENCY ORDINANCE NO. 13-88
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29,
"WATER AND SEWERS", ARTICLE II, "WATER SERVICE",
DIVISION 2, "EMERGENCY RESTRICTIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 29-47, "DECLARATION OF WATER
SHORTAGE CONDITION; WATER SHORTAGE EMERGENCY", TO
PERMIT THE CITY MANAGER TO INVOKE ALTERNATIVE WATER
RESTRICTIONS TO WATER RESTRICTIONS CONTAINED WITHIN
CHAPTER 40E-21, OF THE FLORIDA ADMINISTRATIVE CODE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes Section 166.041(3) (b) provides for
the adoption of ordinances on an emergency basis without the necessity
for prior advertisement and on one reading; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
has deemed that the adoption of this ordinance is necessary on an
emergency basis in order to provide for alternative water restrictions
to those provided in Chapter 40E-21, Florida Administrative Code, where
the City Manager declares a water shortage condition or water Shortage
emergency within the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 29, "Water and Sewers", Article II,
"Water Service", Division 2, "Emergency Restrictions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending Section 29-47, "Declaration of Water Shortage
Conditions; Water Shortage Emergency", to read as follows:
Section 29-47. Declaration of Water Shortage Conditions;
Water Shortage Emergency.
The declaration of a water shortage condition or water Shortage
emergency within all or any part of the City of Delray Beach
by the City Manager shall invoke the provisions of this
article. Upon such declaration, all water use restrictions
shall be subject to enforcement pursuant to this article.
When the City Manager declares a water shortage condition or
water shortage emergency, the City Manager may invoke
alternative water restrictions to water restrictions contained
within Chapter 40E-21, of the Florida Administrative Code.
Any violations of the provisions of Chapter 40E-2l, Florida
Administrative Code, or any violations of alternative
restrictions invoked by the City Manager, or any order issued
pursuant thereto, shall be in violation of this article.
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
f<C
decision shall not effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3.
immediately upon its
provisions of Florida
That this ordinance shall become effective
passage on first reading, in accordance with the
Statutes Section 166. 041 (3) (b) .
PASSED AND ADOPTED in regular session on this
, 1988.
day of
MAYOR
ATTEST:
City Clerk
First Reading
2
ORn NO. 13-88
TO
Walter O. Barry, City Manager
[IT V DF
DELAAV BEA[H
~~(i
DEPARTt=NTAL
CORRESPONDENCE
FROM IftlGerald B. Church, P. E.
;t- Director of Public Works/City Engineer
SUBJECT
VARIANCE REQUEST BY JEANNE STAHL
DATE
2/8/88
Jeanne Stahl requests a variance to Chapter 9, Article XV.5,
Section 9-529b, Condition 2 (required IO' setback for docks).
Background: Mrs. Dorothy McArthur (l020 Seasage Dr.) requested
that this office determine if the dock being constructed at l026
Seasage had been issued a permit. The Engineering Department
determined that no permit existed and ordered all work stopped
until a permit had been obtained. Said permit was obtained and
plans were approved with a 10' setback (Permit #5730-87M). After
the dock construction was completed, Mrs. McArthur again called
this office requesting that an inspection be done -- she felt the
dock was too close to her property. Said inspection confirmed
that the dock was too close to the adjacent prpperty.
On April 6, 1987, Ms. Stahl was officially notified of the problem
(see attached letter). The contractor at no time during the
construction of this dock notified Engineering that work was under-
way, nor did he request the required inspections.
Since this dock could have been built to code without causing a
hardship for the petitioner, Engineering recommends this variance
not be granted.
~his item had been placed on the City Commission's May 26, 1987
Meeting Agenda, but was requested to be withdrawn by Ms. Stahl.
The adjacent property owner has been contacted for comments on
requested variance.
GDC:GBC:ji
Attachments
/1
CM 362
THE EFFORT ALWAYS MATTERS
~
~~
f
CODE ENFORCEMENT BOARD ORDER OF THE CITY OF DELRAY BEACH, FLORIDA
RE: CASE NUMBER C.E.B. 87-1732
Jeanne Stahl
1026 Seas age Drive
Delray Beach, Florida 33444
VIOLATION ADDRESS AND
LEGAL DESCRIPTION: 1026 Seasage Dr.,
Delray Beach, Florida; Lot 13, Block
5, Seagate Extension according to
Plat Book 24, Page 67 of the official
records of Palm Beach County, Florida
At the Code Enforcement Board Hearing held on January 26, 1988, Jeanne Stahl
was found guilty by the Code Enforcement Board of the City of Delray Beach of
violating City of Delray Beach Code of Ordinance Sections as enumerated below.
The violations occur on property that the Code Enforcement Board determined
you own in Delray Beach as legally described above as the violation address
and legal description.
The Code Enforcement Board found that you were notified of the violations
enumerated below on or about August 5, 1987, and further that you were proper-
ly notified of this Code Enforcement Board Hearing on January 7, 1988 by
Certified Mail which was received by Jeanne Stahl. Jeanne Stahl wae not
present at the above hearing.
Based on testimony and evidence offered to and accepted by the Code Enforce-
ment Board of the City of Delray Beach by Gates Castle, Assistance City
Engineer, the Code Enforcement Board adjudged by a vote of 7 to 0 that you
were guilty of the following violations which were determined to occur at the
above violation address and legal description location:
1. Code of Ordinance Section 9-529(b) (2) which requires that docks not
be constructed within 10 ft of the property line of adjacent proper-
ty when the frontage is 100 feet or less.
The evidence submitted and accepted indicated that the frontage of
the property in question is 100' or less and that a dock was built
closer than 10' of the property line of the northerly adjacent
property.
It is hereby ordered and adjudged by the Code Enforcement Board of the City of
Delray Beach that Jeanne Stahl be given 60 days from the date of this Board
Order to correct the aforementioned violations by either receiving a variance
from the City Commission of Delray Beach or removing the portion of the dock
built closer than 10' to the adjacent property line. If the required
corrections are not made within the above time period, a fine of $lO/day shall
be assessed for each and every violation not corrected until finPl correction
is achieyed. There shall be a presumption of non-compliance unl..s the viola-
tor notifies the Code Enforcement Division of the City of Belray Beach of
compliance on a timely basis.
QIO!LJ-~
Chairman
<;/i.Jv-. In- nftg
Date
Certified Mail # P 391 596 572
DEPART~__2NTAL
CORRESPONDENCE
[ITV DF
DELRAV BEA[H
~~(j
TO
CU~:;Z'.'
Department of~ranning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
CONSIDERATION OF AN APPEAL OF PLANNING AND ZONING BOARD ACTION OF
DENIAL OF A SITE PLAN MODIFICATION, NCNB BANK AT BOCARAY PLAZA
DATEFebruary 29, 1988
ITEM BEFORE THE COMMISSION:
The action asked of the Commission is a reversal of the Planning
and Zoning Board I s denial of a site plan modif ication. This
action is appealable to the Commission pursuant to Code Section
~ ~1 ~. The request for appeal has been filed, in writing, by
the applicant. ~
)cc>- ~"'-' SJ4,,'''''' 1C.vW.'..".)
BACKGROUND:
Parcel "B" of the BocaRay Plaza was approved on the overall
shopping center site plan for restaurant use. That site plan
showed a facility with a single drive-through facility exposed to
Military Trail and with extensive landscaping. At the time of
construction of the center it became necessary to substitute a
drainage retention area where the berming and landscaping was to
have been. The restaurant was not built with the initial
development of the center.
Recently a site plan for a drive-through bank was submitted for
this outparcel. The request was processed as a site plan
modification. Initially scheduled for December with a
recommendation of denial based upon several technical factors,
the site plan was withdrawn and, subsequently, a revised plan
meeting the earlier technical deficiencies was submitted.
Notwithstanding the revisions, the Planning and Zoning Board
felt that the new use was not appropriate particularly in light
of the fact that another outparcel has a drive-through bank
already approved on it. The Board I s staff report, which is
attached, provides more detail on the baCkground of the project.
f~
CM 362
THE EFFORT ALWAYS MATTERS
.
-.
...-....-.-....'
"
~
~~..
.
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Consideration of An Appeal Of P&Z Board Action Of
Denial Of A Site Plan Modification, NCNB Bank At
BocaRay Plaza
Page
Planninq and Zoninq Board Recommendation: The Board unanimously
denied the site plan modification. The basis for the denial was:
a) incompatibility of this traffic intensive use with
respect to ingress and egress into the main circulation
of the plaza;
b) a reduction of the overall number of parking spaces
required for the entire development below that required
by code;
c) an inappropriate relationship of the teller facilities
to Military Trail; and,
d) that another outparcel within the plaza already has a
site plan for a drive-through bank approved on it.
ALTERNATIVE ACTIONS:
1. Reject the appeal and allow the action of the Planning
and Zoning Board to stand;
2. Continue with direction which may include consideration
of a revised site plan which accommodates all required
parking to be located on the outparcel (This
requirement is not supported by various staff
departments in that the traffic pattern which has been
submitted is better than one in which all parking is
accommodated on the outparcel);
3. Overrule the Planning and Zoning Board and reverse its
decision. If this is the case, the Commission should
make the findings and take the action as described in
the "recommended action" of the Board's staff report.
RECOMMENDED ACTION:
In that this is an appeal of the Board's action and that action
was contrary to the initial staff recommendation, no
recommendation is provided.
Attachment:
- P & Z staff report
- letter of appeal
REF/DJK*15/B:APPEAL.TXT
r
-
,
.
"_..
.-....-. ...,.'
~
.~
PLANNING 8 ZONING
'"":ITY OF OELRAY
BOARD
BEACH
MEETING DATE:
DECEMBER 21, 1987
STAFF REPORT
- --
AGEJI()A
ITEM:
IV.D
ITEM:
~Tn PI.AN
MODIFICATION TO BOCARAY CENTER TO ACCOMMODATE A FREE-STANDING,
H BANK ON AN OUTPARCEL (MILITARY TRAIL AND LINTON BLVD.)
..'
"'~~.~.~
~._-- --
~L"'O
~~-..~~.==;..:...
--...;
-....- ~ -_.
N
..-
~
GENERAL
DATA:
PRC1JF:CT DATA:
Owner
Edward Gadlnsky. Trustee, ~nd
first American EquIty Linton
CorporatIon
Contract Purchaser
HeNS National Ba:lk of FlorIda
Purchase r "9cnt
Architcct/Aqcnt
Bob Wasilewski. HeNS
Randy Stevenson, PBSJ
Propc:!rty
Tract B. Linton Oaks Square
aka BocaRay Center
Lee. t ion
Outparccl along Military Trail
of shopping center in S.E.
corner of Linton' Military
Parcel size
.82 acre, 35,720 sq,ft,
Current use
Vt'lcant
Approved 'J~C
Rest <llJI ,lilt pel '-tPPIOVCr.! Slt"
~lan
Pt"oposed use
Drive-through bank facility
Land Use Plan designation
Commercial
Zoning
.....................
General Commercial
Utilities
.....................
Water and sewer services from
_'-_ 1""; .... _&. .......1_~.. 1Cl_~_'-
,
'i
:-...
~-
f
t
r TEM :
IV.D
4_...._. .__.
,,:,.
,j
"',
-- --POS-T;, :KLEY; SCHUtt&.. Jf.~",IGAN-. IN<;:;
___ _____!.~!~_~HlAlC15_ILY'I),____ _.
5Urrt500.TClWUl.I
WEST PAlM IlACH, RORlDA 33401
lO5I6IO-711S
February 29, 1988
HAND DELIVERED
Mr. Walter O. Barry, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Planning & Zoning Board Meeting on 2/22/88
Agenda Item IV - NCNB - Boca Ray Shopping Center
Dear Mr. Barry: ''''''
This letter is in response to the Planning andi'8!W. all.~~
decision, on February 22, 1988, to deny a revised nrIf\Or;;li,.....~')J
modification on Parcel B at the Boca Ray Shopping Cen~~!;;:"'u
to Sec. 30-22-F of the City Code, we would like to appeat"tlial de'ttj;,~
to the City Council. The City's Planning Director, Mr. David J. ~;''t/''
and his staff requested that the Planning & Zoning Boa.rdapprove tMj,i
site plan modification. In addition, the CAB approved this plait- 0."~h;4;.
February 10, 1988. . ""Y':'".' ...
This site plan modification first came before the Planning & Zoning
Board on December 21, 1987. At that time, there were two areas of
concern which could not be acconanodated through minor adjustments to
the site plan. These were:
a) that the clear stacking distance for the drive-up tellers
was not 100 feet for each lane; and,
b) that the five lane drive-thru junction with the internal
mall roadway was not desirable.
.,
*
~
..41
;~~.
:;'1//".
The.;i'lanning & Zoning Board requested that we revise our site
plan to address these technical issues. In our revised site plan all
of these technical issues were addressed. The 55' driveway exiting
the dri ve-through has been reduced to 24' and the 100' clear stacking
distance was obtained for each lane. At the City Staff's request,
the building size was reduced from 3,200 sq. ft. to 2,750 sq. ft.
The City's Traffic Engineer requests the entrance to Outparcel B was
modified, thus eliminating the 5-way intersection to the north of the
subject outparcel. The City Traffic Engineer has stated that the
intersection, as shown on the site plan under review, is more desirable
than the one shown on the currently approved master plan.
ENGJNEERJNG - PLANNING- ARCHJTECTURE.~~-~---------~--~~~ ..
r
.
~...
I-
I
I
~
,
.
~
"
-... - .,
- "
-,
.-
~.i.~'..;~'".o; . "" "..~,
.
Page 2
However. by realigning the parcel entrance. 3 parking spaces were deleted
from t"-;f..~f"ll shopping center parking lot. Again the City Traffic
Engineel',' '" supported the deletion of the 3 parking spaces. It was
the Cf 'f's reconmendation that the "administrative relief
mechani Sill _'_loyed for this deletion because. on a day-to-day basis.
the center has more than sufficient parking. Such relief had previously
been requested and granted to pennit a Chinese restaurant for Boca
Ray PI aza .
It is also the Staff's findings that the 24' entry into the main
traffic circulation occurs elsewhere within the center and that the
revised site plan was "equal to or better than that which exists in
the approved master site plan". It is the Staff's assessment that
the revised plan presents the best possible solution given the site
constraints.
Clearly. NCNB has the full support of your City Staff and the
CAB Board. We feel that the decision of the Planning & Zoning Board
was based upon personal preference as to what they felt "should" exi st
on this outparcel. Statements have been made at both Planning & Zoning
Board meetings regarding the Boards "dislike" of this particular Shopp.fngl....,..;;'.......
center. and their "dislike" of outparcels. In addition. the Planning &. :"'.,. ,
Zoning Board has based its decision for denial upon the fact that three. "~
parking spaces have been deleted from the Center. Please re..ember:. ~i
that the realignment that resulted in a reduction in spaces walL..'"
reconmended by the City Traffic Engineer and staff. .
I hasten to mention that the property is zoned for General
Conmercial uses and. as such. banks are pennitted. Our client has
followed your prescribed process for amending the master plan and we
have arrived at a plan that. in the opinion of both the CAB Board and
City Staff. meets all technical requirements and will be an enhancement
to .the Center and the Community.
Therefore, it is NCNB's desire to have the City Commission reverse
the Board's decision for denial and approve the minor site plan
modification as recommended by the CAB Board and City Staff.
We are requesting to be
their March 8. 1988 meeting.
appreciated.
placed on the City Council's agenda for
Your attention to this matter is greatly
Very truly yours.
PO~UCKLEY. H & JERNIGAN. INC.
~'i:venson. RLA
Senior Planner/Landscape Architect
cc: David J. Kovacs - Planning Director. Delray Beach
Carol Woodson - NCNB
Robert Canterbury - PBS&J
Dan Hilty - PBS&J
10-258.99
.
..._,'.~ .....
!
t,
I.
i
DEP ARTM~-\JT AL
CORRESPONDENCE
TO
Qer O. Barry, City Manager
~J -J, ~"-lo..c-~
avi J. Kovacs, Director
Department of ~lanning and Zoning
[ITV DF
DELRRV HEREM
~(j
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8 1988
CONSIDERATION OF CONDITIONAL USE REQUEST TO ESTABLISH AN
CARE CENTER AT THE DELRAY PRIMITIVE BAPTIST CHURCH WITH
ATTENDANT SITE PLAN
INFANT
DATEFebruary 29. 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is that of approval of a
conditional use request which will allow establishment of an
infant care facility within the existing structure at Delray
primitive Baptist Church. The attendant site plan is also before
the Commission. A concurrent action is appropriate.
BACKGROUND:
This item is very straightforward. The proposed use requires
approval through the conditional use process. The site plan
addresses the need to provide a traffic circulation system which
accommodates the dropping-off of infants at the entry to the
facility and to provide off-street parking. A staff report which
provides more background and a copy of the site plan is attached.
Planning and Zoning Board recommendation: There was no
opposition expressed at the Board's public hearing. The
petitioners were represented and had no questions or problems
with the recommended conditions of approval. The Board forwarded
the request with a unanimous recommendation of approval.
ALTERNATIVE ACTIONS:
I. Approve the request pursuant to the Planning and Zoning
Board's recommendation.
2. Deny the request with reasons stated.
3. Continue with direction.
RECOMMENDED ACTION:
By motion, approve the conditional use request for an infant care
center at Delray Primitive Baptist Church and the attendant site
plan subject to the conditions as recommended by the Planning and
Zoning Board and subject to the additional condition that
pursuant to Code Section 30-21-E and 30-22-E this approval is
valid for a period of twenty-four months.
Attachment:
- Planning and Zoning Board staff report
CM362 THE EFFORT ALWAYS MATTER"
,q
.
~-, -'-' .
I
f'
I'
,
,
PLANNING 8 ZO~lNG
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT
MEET ING DATE: FEBRUARY 26, 1988 (CONTINUED FROM FEBRUARY 22, 1988
---
AGENDA ITEM:
II I.F
ITEM:
CONDITIONAL USE REQUEST: DELRAY BEACH PRIMITIVE BAPTIST CHURCH,
NFANT CARE CENTER AT N,E. 2nd AVENUE, NORTH OF 17th STREET
,
.
. .,
..
GENERAL DATA:
General Data:
OWner
..................
Oelray Beach primitive Baptist Church, In~.
Lelius H. Chapman
Aqent
..................
Location ............... East side of N.E. 2nd Avenue, just north of
N.E. 17th Street, between Plumosa
Elementary School exit road and Plumosa
Elementary School entrance road
Property Size
..........
1.267 acres (55,200 sq.ft.)
City Land Use Plan
Oesiqnation ........... (SF) Sinqle Family
Adjacent Zoninq ........ Sinqle Family (R-1AA)
Existinq Land Use
.......
Primitive Baptist Church and Education
Buildinq
Proposed Land Use
Infant Care Center with circular dirve,
parkinq
Water' Sewer Service... Service can be provided by connectinq into
existinq adjacent lines
ITEM: m, ~
\
~,
DEP ART~"~NT AL
CORRESPONDENCE
[ITV DF
DElRAY BEA[H
~(i
TO
~:.:J~~Y~~::nager
David J. Kovacs, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
SUBJECT CONSIDERATION OF A CONDITIONAL USE REQUEST WITH ATTENDANT SITE PLAN OA TE February 29, 198i
TO ESTABLISH A NEW CHURCH ON S.W. 8th STREET (CHRIST MISSIONARY CHURCH)
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a
conditional use request and site plan for the proposed location
of the Christ Missionary Baptist Church.
BACKGROUND:
This item is very straightforward. The
consideration is vacant and there have been
requests associated with it. A church was
property to the west. One concern dealing
extensiowof S.W. 2nd Avenue through the site
in that the extension will not be required.
report provides further background.
property under
1'10 other land use
recently built on
with the possible
has been dismissed
The attached staff
Planning and Zoninq Board recommendation: The Board unanimously
recommended approval of the request subject to five conditions.
The recommended conditions are listed in the attached staff
rEilPort.
ALTERNATIVE ACTIONS:
1. Approve pursuant to the Board's recommendation.
2. Deny with reasons stated.
3. Continue with direction.
RECOMMENDED ACTION:
By motion, approval of the conditional use request and attendant
site plan subject to the five conditions as recommended by the
Planning and Zoning Board.
Attachment:
- P & Z Staff Report
~o
CM 362
THE EFFORT ALWAYS MATTER,
.
~.~
PLANN I NG 8. Z(
.CITY OF OELRAY
~ING BOARD
BEACH
STAFF REPORT ---
MEET! NG DATE:
February 22, 1988
AGENDA ITEM:
III. G.
ITEM:
CONDITIONAL USE REQUEST: CONSTRUCTION OF A NEW CHURCH, CHRIST MISSIONARY
BAPTIST, NORTH SIDg OF S.W. 8th STREET BETWEEN SWINTON & S.W. 2nd AVE.
(WITH SITE PLAN)
, ~rH
~
., . ..
. L . .
. .. .'
" . n
.. u . " "
,. n I . .. .
, " .. to to .
" .. . "
, " .. r . . , " "
~ ,
SENERAL DATA:
General Data:
OWner
.......................
Reverend Matthew Mitchell & Congregation
Agent
......................
James E. Blue
Location
..................
North side of S.W. 8th Street between
S.W. 2nd Avenue and Swinton Avenue
Property Size ............. 1.5 acres
City Plan Designation ..... Single Family
Adjacent Zoning ........... Single Family IR-1A)
.....
...
EXisting Land Use
.........
Vacant Land
Proposed Land Use
.........
A church with required parking, required
landscape and drainage plan
Water and Sewer System .... Service can be provided by connecting to
existing adjacent lines
ITEM: zrr: <!r
.
I
r
f
r'
I
,
DEPART~-NTAL
CORRESPONDENCE
[ITY OF
DELRAY BEA[H
7~(j
TO
c:Jer O~ Barrr' City. Manager
~ ~ t j ~OOC9-Q..1
d~o~acs, DirecbTr
Department of. Planning and Zoning
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A
CHILD CARE CENTER ON S.W. 6th AVENUE AND S.W. 4th STREET
(YOUNG TINY TOTS II)
DA TE March 1, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of conditional
use request and attendant site plan for a proposed child care
facility. The facility is called Young Tiny Tots II and will be
located adjacent to the existing Young Tiny Tots day care on S.W.!
6th Avenue. These day care centers are run by Ms. Carolyn Young.:
BACKGROUND:
This request is very similar to~use which exists on the property
to the north. The new facility will accommodate approximately 40
children. The existing facility accommodates approximately 45
children. Many of the staff live in the neighborhood.
The attached staff report provides additional background on the
property and an analysis of the site plan. There are two items
of note. One is the "platting" requirement. This issue has some
history specifically with respect to the Tiny Tots project. See
attached file memorandum and a memo from the City Engineer for
more details. The problem with the platting requirement has
apparently been handled by the Planning and Zoning Board through
a revision to conditional of approval ~l (addressed further under
p & Z recommendation). The other problem area is that the
required parking exceeds the demand generated by the specific
use. This occurs because many of the staff live in the
neighborhoOcl. Ms. Young will seek relief from the Board of
Adjustment on this matter. If she is successful, the play area
will be increased thus being able to accommodate additional
children.
1-1
eM 362
THE EFFORT ALWAYS MATTER..,
\
,
i
,
To: Walter o. b~rry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Consideration Of A Conditional Use Request To Establish
A Child Care Center On S.W. 6th Avenue and S.W. 4th Street
Planning and Zoninq Board recommendation: The Board has forwarded
this item with a unanimous recommendation for approval subject to
four conditions. The conditions are those in the staff report
with a modification to condition #1 as follows:
I. If it is demonstrated that the site was a lot of record
prior to 1973 a final plat is not required. If the lot
was created after 1973 a final plat must be approved
prior to issuance of a certificate of occupancy.
Processing fees for this plat shall be waived. Said
plat shall include arrangements for installation of the
sidewalk along S. W. 4th Street. Said sidewalk to be
five feet as opposed to the four feet as shown on the
site plan.
The Board did not make a recommendation with respect to the!.
parking situation since the matter was more appropriately under,
the total purview of the Board of Adjustment.
ALTERNATIVE ACTIONS:
1. Approval pursuant to the recommendation of the Planning
and Zoning Board
2. Continue with direction
3. Denial with reasons stated.
RECOMMENDED ACTION:
By motion, approval of the conditional use request and attendant
site plan for Young Tiny Tots II, day care center, SUbject to the
four conditions of approval as recommended by the Planning and
Zoning Board.
Attachment:
P & Z staff report
memo from the City Engineer re platting
file memo re platting requirements on Young Tiny Tots I
REF/DJK#15/B:TINYTOT.TXT
\
~ - ~-- .
I
t,
(
PLANNING 8 ZONING
CITY OF DELRAY
BOARD
BEACH
MEETING [)=lTE:
AGENDA ITEM:
STAFF REPORT -__
FEBRUARY 26. 1988 (CONTINUED FROM FEBRUARY 22nd)
III. H
I TEM. . CONDITIONAL USE REQUEST FOR A DAY CARE CENTER KNOWN AS. YOUNG TINY TOTS II
LOCATED AT SW 4th STREET AND SW 6th AVENUE
.1
..-t~--. --n
STPl'lfl r
1.1~"1~...
. ....e
;h;J~. ; :-.
..., .
... ..
t II,: .
, :' . 1
, 1 ,
'-......
~
i /
..-
r
. ..
" " ., .
,.
, n
,>< n "
48 ~
GENERAL DATA:
OWner.........................William and Carolyn Young
Agent.........................William and Carolyn Young
Location......................N.W. corner of S.W. 4th Street and
s.w. 6th Avenue
Property s~ze.................lO,OOO sq.ft. (.2296 acres)
City Land use Designation.....(SF) Single Family
Adjacent Zoning...............(RI_A) Single Family Residential
Existing Land Use.............vacant
Proposed Land Use.............child care facility
Water and Sewer Service.......service is available to site
. '-'-.JI[, fI
.
I'
r
DEPART~ '=NTAL
CORRESPONDENCE
[ITV DF
DELAAY BEA[H
~~(i
TO ~er O. Barrx,', City Manager
'" J. koua.c.-J-.
FROM avid J. Kovacs, Director
Department of Planning and Zoning
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A
COMMUNITY FACILITY WITH THE FAIRWAYS OF DELRAY SUBDIVISION ON
THE ATTENDANT SITE PLAN
DATE February 29, 198
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a
conditional use request to provide community facilities of a pool
and cabana on a lot ,~~ the Fairways of Delray subdivision. The
site plan is also before the Commission. Concurrent action is
appropriate.
BACKGROUND:
The Fairways of Delray subdivision was platted without providing
for community facilities. It has now been decided to provide a
pool and cabana; thus, the need for conditional use processing.
The Planning and Zoning Board's staff report is attached for
further information.
Planninq and Zoning Board recommendation: There was no public
comment before the Board at the public hearing held on this item.
Initially the Board voted to recommend denial of the request.
The item was reconsidered later in the agenda and, on a vote of
4-2, a recommendation of approval was forwarded. The opposing
votes were cast in light of the fact that only one lot was
provided for consideration, whereas dissenting members felt that
other lots should also be considered. The project proponent
provided documentation regarding resident support and the status
of other lots in the subdivision.
ALTERNATIVE ACTIONS:
1. Approval pursuant to the Board's recommendation.
2. Denial with reasons stated.
3. Continue with direction
RECOMMENDED ACTION:
By motion, approve the requested conditional use of "community
facilities" along with the attendant site plan and further that
said approval is valid for a period of six months pursuant to
provisions of Code Sections 30-21-E and 30-22-E.
Attachment:
Planning and Zoning Staff Report and letter from
Andy Jacobson
7--~
eM 362
THE EFFORT ALWAYS MATTERS
.
;.
t
[
I,
t~
.
I
PLANNING 8 ZONING
CITY OF DELRAY
BOARD
BEACH
STAFF REPORT ---
MEETI NG [:FITE: FEBRUARY 22, 1988
AGENJA ITEM: III. I
ITEM:
FAIRWAYS OF DELRAY (COMMUNITY FACILITIES)
.
0~~~.? DEL RAt'
~~.>>r_,.J
~
...
~
r."!
,.{;
. .. ~,
./f:J
-' ,...
COUNTA:Y;
I :
~
...
I)
~
~
"
''"
___....c::.....- ~
VT
Cl.UB
c. .". _,.
:'"'"'\
I
I
I
1--.. '-Cr
, ' tt.1, ,
..~~-
,
.
o
I.O*'SQAI
14.'"
..
GENERAL DATA:
General Data:
OWner....................... Seagull Associates South Corp.
Agent ...................... Seagull Associates South Corp.
Location ......,............ On East Side of Homewood Blvd.
between Lowson Blvd. and Atlantic
Avenue
'"
....
Property Size
..............
22 acres (9,737 sq.ft.)
City Plan Designation ..... SF (Single Family)
Adjacent Zoning ........... North, south and east of subject
property is Single Family (R-lAA).
West of subject property is Multiple
Family (RM-IO)
Existing Land Use
.........
Vacant lot in Fairways of Delray
'roposed Land Use
.. .........
Community swimming pool and cabana
Water and Sewer Service ...
Service can be provided by connecting
into existing adjacent lines
-W,-r
ITEM :
I
l1
I
COHEN, SCHERER, COHN & SILVERMAN, P.A.
1TlWN...~LIIl
umHUC,"""""""
.... C. COHEN
....., S. COHN
CONIWl """'"
STf\IBIl.~
"',,,,,...,...
CYHttM $ GfIII~
AHDRIWM. ~
t.IDNL N. JONAS
~ (. 1Wff"
...--
-.-
-..-
~..""'"
STMN" ......
......,,-
......--
I)lVlD"~
ICAY' ....,
-,.....
THOMlle N. aVIMWI
~...-
-,,-
(MW)".lI..ILWI
.()I~ ,~ J~~
52" NORTH FEDERAL HIGHWAY
SECOND FL~
BtOWR County 13051 421.3202
T~I305I"2"'04
NORTH PALM BBACH OFFICI
7t2U,'........,O"
FOUftft''-
Nomt fl. ...... ,""* *<<II
PtIoNfJDll....._
MIAMI OFFICII:
BOCA RATON. FLORIDA 33487
(305) 994'-77
February 24, 1988
VIA HAND DELIVERY
122'......".....
--
"-.~33'3t
"-PDlt314Ot.
..-
..1c....J..........
(.........., ,,"IM
1ft,..Il.._...._~OftfIt)
~'cr
Boca Raton
. ....-..........-
-....
Mr. David J. Kovacs, Director
Department of Planning and Zoning
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
RE: CONDITIONAL USE REQUEST FOR COMMUNITY FACILITY FOR
FAIRWAYS OF DELRAY
Dear Mr. Kovacs:
I represent the Fairways of Delray in connection with the
above referenced matter. As you are aware, this matter came
before the Planning and Zoning Board at its February 22, 1988
meeting and my clients conditional use request was turned
down. My purpose in writing this letter is to request the
Board to reconsider this item at a meeting which I understand
is to be held on Monday, February 29th.
I understand that our request for a reconsideration is
somewhat unusual, however, I think the circumstances under
which our petition was denied this past Monday night were
also somewhat unusual. Our item was one of the items where
none of the background materials were provided to the Board
members and thus the decision to deny was made without the
benefit of all the relavent information. Added to the above
was the fact that this item did not come up until
approxim*tely midnight and the Board was obviously weary
after some intense discussion regarding the controversial
height restriction. In addition, my client is an out of
state developer unfamiliar with the city of Delray Beach
approval procedures and may have unintentionally offended
some of the Board members.
~ r .~~ \ _. i' ,r.- 1')
K. ~.,.,~.j . ~"-I:' '. ~ ' -~;'I- .
Ii "'. " .,,'
I _.~, ".~ _ '". .
FEB 23 1988
r[): l~ i\! _\; "~.,' -:
_I l. .. _ ...;.~ .;
\
,
"
~.~
!
Mr. Kovacs
February 24, 1988
Page 2
Of prime importance also is the fact is the real losers in
this situation are the residents of the Fairways of Delray
who are extremely anxious to have the pool constructed in its
intended location. As evidence of that I enclose a copy of a
letter signed by all of the existing residents of the project
who are currently in Florida. ,
For all of the above reasons I do not believe that this
matter received a fair hearing and for this reason would
request that it be reheard at which time I will be able to
give a cogent presentation and the Board will also have the
benefit of all the background information together with a
somewhat less strained atmosphere in which to decide.
I appreciate your consideration of this request and look
forward to hearing fron. you.
Very truly yours,
~~.
Andrew M. Jac
AMJ/ls
\
~1
We, the homeowners at the Fairways of Delray, give unqualified
support to the construction of a Community Center and Pool on
Lot ~32 in the Fairways of Delray. We feel that this location
is idea for this facility and we oppose moving this facility
to a h:Ar .
- / '
Jo'""'\.....L ~..............,.
"
\
. ~
.
~~
./ (l;"..iIJ1N~;1'_ R(f ,/LLkc
I - ~/
. -.- ~~..
)
~
~~f)~
801 Par Circle. Delray Beach. florida 3344; .(305) 27&-5900
Executive Offices: Seagull Associates South. 1010 Northern Boulevard. Creat Neck. New York 11021
l
t,
I
DEPARTME:NIAL
CORRESPLJNDENCE
LilY OF
DElRAY BEA[H
~~!i
TO
~lter CI' Barcy, City Manage,
) c.-..-\J J ~~UQCS
Da:'id J. Kova,:s, Director
Department of Planning and Z,ming
FROM
CITY COMMISSION DOCUMENTAT=O'~
MEETING OF MNtCH 8, 1988
SUBJECT CONSIDERATION OF THE SITE PLAN FOR THE PRIEST COMMERCIAL
DEVELOPMENT 011 NORTH FEDERAL HIGHWAY
JA E F"bruary 29, 198
ITEM BEFORE THE COMMISSION:
The action requested of the Conunission is appr)\'a. cf the
proposed site development plan.
BACKGROUND:
This request is very straightforward. The I=r:>pe :t-r was
previously annexed and zoned by action of the Ci t,. Conmis ;i.on./
The submittal meets code requirements. The attached ste.i f rlpor1:t
provides more detail on the project' evolution and i',s i.ralYli.s. .
Planning and Zoning Board Reconunendation: The BJ iri has
unanimously reconunended approval subject to four CYldl:i>u; of
approval.
ALTERNATIVE ACTIONS:
1. Approve pursuant to the Board's reconunenca1ioL
2, Continue with direction
3. Deny with reasons stated
RECOMMENDED ACTION:
By motion, approval of the site plan for the pt'o;?os'31 P:iest
Conunercial Building subject to the four conditions of apI'rclT 11. as
reconunendea~y the Planning and Zoning Board and t:> the
addi tional ::ondi tion that this approval is valid f)[ 3. I'3r iod of
eighteen mo~ths pursuant to Code Section 30-21-E.
Attachment:
- P & z: Staff Report
'}:3
eM 362
Two EFFCJRT ALWAYS MATTER
.
.-. ~_. .
i
"
I
,
PLANNING B
CITY OF DELRAY
LaNING BOARD
BEACH
MEETING [)=ITE: FEBRUARY 26. 1988 (CONTINUED FROM FEBRUARY 22nd)
STAFF REPORT --_
AGEt<DFI ITEM:
IV. B
ITEM: SITE PLAN FOR PRIEST COMMERCIAL PROPERTY ON NORTH FEDERAL HIGHWAY
GENERAL DATA:
OWner............................. .0.0. & Mary Priest
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0. D. & Mary Priest
Location...........................Between Dixie Highway and US
Highway 1 adjacent N.E. 16th
Street
Property Size....................... .64 of an acre
Land Use Designation...............Commercial
Zoning Designation.................General Commercial
Current Use........................vacant
Proposed Use.......................4800 sq.ft. commercial
bUildings
Jurisdiction.......................City of Delray Beach
Water & Sewer service..............Available adjacent site
ITEM:..DZ: l3
,
\
-,
DEP ARTf\ ~:NT AL
CORRESPONDENCE
[ITV DF
DELRAY BEA[H
~~(i
TO
~. er O. Barry. City Manager
~ ( W,QlU Q...e~
Da . J. Kova}s, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
SUBJECT CONSIDERATION OF A REQUEST FOR A WAIVER OF PROCESSING FEES FOR A
CONDITIONAL USE APPLICATION (BIBLE CHURCH OF GOD)
DA TE March 1. 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is the granting of a
waiver of processing fees in the amount of $385 which is required
for a conditional use permit.
BACKGROUND:
I.
The request is attached. In some instances the City commission
has granted a waiver or reduction of fees. This has usually
occurred when the project involves fulfilling a community need
such as establishment of an infant care center or child care
center. The request at hand is for the establishment of a church
in an existing building. Staff has already been lenient in
allowing the submission to be less than usually required.
There are several land use requests processed~h~h involve
church operations. As a group these uses pay all attendant fees
and do not obtain preferential treatment.
The costs of mailing and advertising will be absorbed by the City
if the request is granted.
ALTERNATIVE ACTIONS:
1. Grant the request.
2. Deny the request.
RECOMMENDED ACTION:
By motion, deny the request in that there is nothing unusual or
unique for this church that does not apply in the establishment
of other churches.
Attachment:
- request for waiver
"2.-f
CM 362
THE EFFORT ALWAYS MATTERS
,
.
..-. ~_. .
,.
l-
I'
TCJ,
DIRECTCJR CJF PLANNING AND ZONING
100 NCJRTH WEST 1St AVENUE
DELRAY BEACH FLORIDA 33444
RECEIVED
FRDr'I:
81BLE CHURCH OF GOD/DELRAY
35 NORTH EAST 1ST AVENUE
DELRAY BEACH FLORIDA 33444
FEBr~Ue',h'Y I'I" 1988 (FI~ I De"Y)
FEB 22 1988
PLANNING
"
'o;UBJECT,
WAIVER CJF CONDITION USE/SITEPLANE EXPENSE
Dear Mr. Davi(j J. Kovacs;
We arMS presently maklnq
application for condition LIse of the
. . I
spent approximate $ 600.00 alread~
above property. We have
F (il'"
t~le survey and floor plan. Do to the f~ct that we are
::.;mall lit Silze"
Aapproxinlate (12) rlsople we do not h 8 the funds to go
eln Elt t.h i ~~ pc):i. nt" Thc:?r"'E.fulr- ~ ~'\If;.? ,Jr":,::, ElS"~j.;! -'It::') -{=or- a IrJE.'.:~\\JE'r' 0+
pl~emiLI'n, nlainly because we ar-e a n(Jn-l:l~ clfl"C Qr'qanizat-iorl
Y"he bL,lilding will be IJ5ed ,for [hl,lr(::~l
:c-.) '~~.:--I i. !::.; {) i n q ~
i-hol1k you very milch {lJr" ~'C:)U!~. time Ant:; I~!n i~:lplr.at:Lorl
Y()UF',:; T"1''"t...ll \'
Pastor David Gray
~a'
.
~ _. ~_. ~.
I,
~
I
:...
DEPARTW-:NTAL
CORRESPONDENCE
[ITV DF
DELRAY BEA[H
~(j
TO
QJe~aly~:::ger
David J. Kovacs, Director
Department of Planning and Zoning
FROM
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
SUBJECT CONSIDERATION OF A REQUEST FOR A WATER SERVICE AGREEMENT FOR THE
BORTON VOLVO DEALERSHIP ON NORTH FEDERAL HIGHWAY
DATE February 29, 198f
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of
service agreement for the Volvo Dealership which nearing
of construction. The project is located on North
Highway.
a water
the end
Federal
Normally a standard water service agreement is used and its form
presents no problems. However, in this situation the applicant's i
attorney, Roger Saberson, desired to have a specialized I
agreement. The City Attorney's Office did not- sign-off on the'
specialized agreement but provided a memorandum (attached) that
any special agreement would need prior approval of the
Commission.
Also, Mr. Saberson had been made aware several weeks ago that a
recommended condition of approval would be the requirement for a
full annexation petition to have been submitted prior to City
Commission action. Such a petition has not yet been forthcoming.
In order to further accommodate Mr. Saberson, the Planning and
Zoning Board recommendations deferred the submission of the
annexation petition until prior to execution of the water service
agreement.
By copy of this correspondence (memo) I have provided Mr.
Saberson with a reminder regarding the above items.
BACKGROUND:
The attached staff report provides full background on this
request and also contains a site development plan. The property
is eligible for annexation; however, Mr. Saberson has declared
that time is of the essence, thus we are processing the water
service agreement so that water can be obtained and the facility
opened earlier than would occur if annexation was made
precedent. Other than the above situation there are no unusual
aspects to this project.
/'
~,~
CM 362
THE EFFORT ALWAYS MATTER~
.
. - ~.
r'
"
To: Walter O. Barry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Consideration Of A Request For A Water Service Agreement
For The Borton Volvo Dealership On North Federal Highway
Page 2
Planninq and Zoning Board Recommendation: The Board has
unanimously recommended approval of the water service agreement
subj ect to six conditions. Those conditions are listed in the
staff report.
The Board did not addressed the contents of the specialized
agreement.
ALTERNATIVE ACTIONS:
1. Continue until such time as the agreement has been
approved as to form and content by the City Attorney
and found acceptable to him.
2.
Based upon an opinion from the
adequacy of the specialized
request.
City Attorney as to
agreement act on
the I
the I
RECOMMENDED ACTION:
By motion and upon an opinion from the City Attorney that the
specialized water service agreement is acceptable in form and
content, approve the agreement and authorize the Mayor to execute
the agreement pursuant to the conditions of approval as
recommended by the Planning and Zoning Board.
Attachment
- P & Z Staff Report
- memo of 1/25/88 from City Attorney's Office
\
:'1
I
~
-----
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
"'''1 I "11,111 ',III!
I .: i I.' \', ill \ I II. I I I J1{ I r I \ ; :.j:-i ; ;11' ~-l; 11'/11
r1EMORANDUM
Date: January 25, 1988
To: David Kovacs, Planning Director
From: Susan A. Ruby, Assistant City Attorney
Subject: Water Service Agreement
'~
In response to your note of January 19, 1988 our office, after
reviewing the amended water service agreement submitted by
Roger Saberson, concludes that any deviation from the standard
water service agreement must be sent to the City Commission fo~
review and approval. L
I
~
Attachments
cc: Roger Saberson, Esq.
RECEIVED
FEB 1 0 1988
(!LA..,"."I;I"
I llihilnu
\
I'
r~
l
,
PLANNING B ZGNING
CITY OF DEL RAY
BOARD
BEACH
STAFF REPORT
MEET I NG DATE: FEBRUARY 26, 1988 (CONTINUED FROM FEBRUARY 22nd)
---
AGENDA ITEM:
IV. F
ITEM:
WATER SERVICE AGREEMENT FOR VOLVO DEALERSHIP ON NORTH FEDERAL HIGHWAY
GENERAL DATA:
Project Data:
OWner.......................... . Borton Volvo, Inc.
Agent.......................... . Roger Saberson, P.A.
Project Location................North Federal Highway adjacent,to
N.E. 22nd Street extended
Present Use.....................Facility is under construction
City Land Use Plan Designation..Commercial
Jurisdiction....................palm Beach County
Present zoning..................CG_General Commercial (County)
Proposed Use....................Commercial use (automobile
dealership)
Sewer service...................Extension of forcemain is
required
Water Service...................service can be provided by
connecting into the existing City
watermain in the right-of-way of
Federal Highway directly across
from this property
ITEM: ~ F
.
I'
r
DEPARTf 'ENTAL
CORRESPONDENCE
TO
~alter O. Barry, City Manager
~Cv--(U ~\J-UClC~
David J. Kovacs, 'bi'i.?ector'
Department of Planning and Zoning
[ITV DF
DELRAY BEA[H
~(i
FROM
SUBJECT
CITY COMMISSION DOCUMENTATION
MEETING OF MARCH 8, 1988
CONSIDERATION OF A REQUEST FOR A WATER SERVICE AGREEMENT
FOR PROPERTY AT LAKE DRIVE AND DENVER (LAKE IDA AREA)
SMITH REQUEST
DATE March 1, 1988
ITEM BEFORE THE COMMISSION:
The action requested of the Commission is approval of a water
service agreement to an existing single family residence.
Action on this request carries forth some pOlicy considerations. (
This matter is fully addressed in the attached staff report.
Basically, the implications are that each case will be viewed on
a case-by-case basis and in unique situations it will allowable -
to have a 2" water main extension.
BACKGROUND:
This property is within Enclave #13. Annexation would occur late
in the year. This property owner wishes to obtain water service
at the earliest possible date. The request presents no concerns
with respect to land use or serviceability with respect to all
but water service. Service will be provided through extension of
a 2" main from an existing 2" main. While not the most
desirable situation, such an action is appropriate given the
unique aspects of this situation.
Planninq and Zoninq Board Recommendation: The Board reviewed all
implications of its recommendation at a work session prior to
formal action. The Board has recommended approval.
ALTERNATIVE ACTIONS:
1. Approve pursuant to the Board's recommendation.
2. Continue with direction
3. Deny the request with reasons stated.
eM 362
THE EFFORT ALWAYS MATTERS
~
\
c
'~1
I
r
,
To: Walter O. .rry, City Manager
Re: City Commission Documentation
Meeting of March 8, 1988
Consideration Of A Request For A Water Service Agreement
For Property At Lake Drive & Denver (Lake Ida Area)
Smith Request
RECOMMENDED ACTION:
By motion, authorize the Mayor to execute a water service
agreement for property at Lake Drive and Denver said service to
be provided through extension of a two inch main and that all
other aspects of the installation conform to the policies and
practices of the Director of Public Utilities.
Attachment:
- P & Z Staff Report
l
.
,
PLANNING B ZONING
CITY OF DELRAY
MEET r NG o:tTE:
BOARD
BEACH
STAFF REPORT
February 22. 1988
AGENOFI ITEM:
IV. H
ITEM:
SMITH WATER SERVICE AGREEMENT
I
I
:-:"
'-....
~
GENERAL
DATA:
PROJECT DATA:
OWner
....................
Location
....................
Description
...............
Parcel Size
...............
Jurisdiction
...............
County Zoning
...............
Current Use
...............
Enclave Designation
City Land Use Plan
..........
Proposed City Zoning
Sewer Service
...............
Water Service
...............
Mr. & Mrs. Andrew Smith
~
Corner of Lake Drive and
Denver Drive (Lake Ida area)
Lots 1 and 2 of BloCk 1,
Lake Ida Gardens
14,844 and 14,259 for a total
of 29,373 square feet
Palm Beach County
RS (Residential - Single
Family)
One single family home, two
car carport, pool on Lot 2
Part of *13,
Single Family
R-1A
Septic, central facilities are
not available
Requires extension of service
ITEM: .n. H
.
~:.~
I
r
~Gerald B.
FRO
of Public
Church, P.E., Acting
Works/City Engineer
Director
[ITY DF
DELIAY BEA[H
~~,,(j
DEPARTMENTAL
CORRESPONDENCE
TO
Walter o. Barry, City Manager
MR. WILLIAM' PROJECT - NW 9TH AVE. & ATLANTIC AVE.
DATE 2/29/88
SUBJECT
REF: MR. WILLIAM'S LETTER DATED FEBRUARY 11, 1988
After we had reviewed Mr. William's plans in connection with the proposal of R/W
acquisition for NW 9th Avenue, it became apparent that the major portion of his
lots would have to be acquired. We wrote a memo to the City Manager advising the
situation and requesting a determination as to whether the City should consider
acquiring the property. We pointed out to Mr. Williams if we could not advisell
him by February 15th, he should proceed with his plans for a building permit. . I
I. ~
A meeting was held with Mr. Williams, City Manager, Mr. Castle and myself on
February 22nd, at which time we discussed the possible acquisition and cost.
Another meeting was set up February 24th by which time the City would let Mr.
Williams know what the City intended to do.
We again met with Mr. Williams and as a result of the costs involved, it was
determined that the City would not proceed with the acquisition of his property
at this time and Mr. Williams was so advised.
Mr. Williams contacted the City Manager's office on February 26th requesting that
the City Commission hear about the proposal to acquire his property. I called him
and advised him that the City is not interested in acquiring his property and that
it was inappropriate to submit his proposal for City Commission consideration.
Mr. Williams was advised to submit his plans for a building permit, however he
was concerned that the City might delay review or hold him up. I advised him that
we had no such intention and that he should proceed accordingly. He indicated he
was still interested in selling the property to the City and so I advised him
that rather than attempting negotiations, he should submit any proposals in
writing which he. stated he would do at the time he submitted his plans for a build-
ing permit. I did emphasize that the City would in no way delay processing his
building permit.
GBC:mrc
cc: Martin O'Shea
Gates Castle
~1
eM 362
THE EFFORT ALWAYS MATTERS
[
i
~
~~{(h I, ~~
O~\~~y 6QA<:.h (,'\'1 c..of)'\M.;55;oN~O
~.,. '<,-e"\\eR\.e,., ~n.'I\ ')
1: ~ 't~ ~\> l;..\\>C;\O~ ~~ ~'\' \4\rr\!.
\)..~~. -Sen~ ~..."c,.. ~,eIo "!"\ ~l ~ ~ I!
dl)\~t ~\'\\~~\ \~\\<) \'\\~,~~~ \ ~~~,~.
~\\\t.\~e. ~ \,\c,-\~ .~~~ )~~,~'~~,-t,.'~l.~~~
't\)(.\<\ d-- ~\~~'\ \CCJ\c, ~y~\~, ~ 6~~ ~w . \\<<'~~t\~ .
\~~ ~~~ ~u...~\ ~\\re- ~ O~~'" . ~'" ~
'\\\~~G~\~~ ~ ~~e. ~"'~\\~\~
. \I~~\~~ ..l ~~ ~~ '{~\ m~~ \~\ ~~~ \~
-e.. \.~,..\~\\r{ ~ ~~~f'l. ~iJ ~tt \~~~)~ ~'\~ t.\\SS\e~S
~e. ""'\ ~\\~\'\.e..'" ~~ 1) ~~ \.\\~ ~ ~sc..'\~e..~
~ -to ':r c; \),.~ ~~, ~.:~\ ~ ~\{ ~;," ~o ~e....
C- '\\'\ ~~ ~~~\\~ \~~ ~t" J ~ ~\ -r\v ~ ~ \\ \~~~~
~ T~C.'e.. ~ ~r\\1:rt ~ t ) ttC .. ~,\, ncC ~
DC>\trSe.) '\, otl~\. ~~ ~~ ~~~;\() \e- ~~~flJ
b~ \\.~ 0~ ~. ,~.... ~ ,~...,t<.C~ ~,",e. ;l'...."'e"
... ~ed ~~ol'\: b~ 'i\\\ ~ e,\"'~~ ~ .
'\\~ \-\~~d,. "" ~~ t\~\\ U ~\s f\\\\\\.t1"
~~ ~\~<-e.~ \~~-rt. ~~c..~\\ \..Gffi",iss ~ ON,e.t-S o~
~-\. ~\R. ~.\\ ~~~ \~\l\\'~ ~\~~~~. t{\\\\<:.r.~ 8 \~ <i>
\~>~A- .,~e. ~~ ~~\~ ~~-.\ ~ '~\)~~~l-\~ ..
,e..~~ ~ t\~.\~~~. }c,~J \\~\. \\ ~~~ b~"'
~(!) I)\Q. ~ 0 ~~e- d:~-\~~,.~ ~ "-\t.- \-~1' ~
~ ~effll r ttb\.c... '1 ~
,,&
..:&
f\\~ ~ . ~ ~~'li~~~J
~, ~~~
~t.,\l:ltr~ ~ c...~l\~\S.s~~N.e""'s
~e\t\~1 ~~~) ~\.p,.
~ .c., ~~~\:{ ~\ 4~~
~ ~~~~ ~ S\'-'--\~e..
S~~ t\.\, ~it.l ~\\~
M, \..~~k~~~) ~\~ ,
~1J(;) \
I
1
-
RESOLUTION NO. 12-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; 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 14 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 14 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 14 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated
representative has determined that a nuisance existed in accordance
with the. standards set forth in Chapter 14 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 14-2 and 14-3 of the Code of Ordinances; and,
WHEREAS, the property owner (s) named in the list a.ttached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 14 within
the time limits prescribed in Chapter 14 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 14 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
.
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 14 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Council a report of the costs incurred in
abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Council of the City of Delray beach,
pursuant to Chapter 14 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances 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
z'B
Section 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.
binding obligations
are levied.
That such assessment shall be legal, valid and
upon the property against which said assessments
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 Council of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien 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 and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment (s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien 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.
.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 14-5 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
, 1988.
day of
MAY 0 R
ATTEST:
City Clerk
-2-
Res. No. 12-88
COST OF ABATING NUISANCES UNDER CHAPTER 14, SEC. 3
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
ASSESSMENT
LOTS 8 & 9 (LESS RD R/W),
BLOCK 2, SOPHIA FREY ADDN.,
PB 4, P 37, PUBLIC RECORDS,
PALM BEACH COUNTY, FL.
(911 N. FEDERAL HWY.)
S 1/2 OF LOT 5, BLOCK 30, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(129 S.W. 5TH AVE.)
N 50' OF S 150' OF E 145' OF
LOT 9, SUB: 17-46-43, PB 1,
P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL.
(46 S.W. 8TH AVE,)
S 50' OF N 250' OF E 135' OF
BLOCK 13, TOWN OF DELRAY,
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(20 S.W. 6TH AVE.)
S 30' OF LOT 6, BLOCK 28, TOWN
OF DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(17 N.W. 5TH AVE.)
OWNER
GEORGE B. LIDDY
911 NORTH FEDERAL HWY,
DELRAY BEACH, FL 33444
ETHEL S. MACKEY
C/O SHIRLEY M. WALLACE
1120 NW 64TH STREET
MIAMI, FL. 33150
J.T. & MAURICE L. FIELDS
46 SW 8TH AVENUE
DELRAY BEACH, FL. 33444
ERROL GAYLE
20 S.W. 6TH AVENUE
DELRAY BEACH, FL 33444
LEONARD DAVIS
C/O GENERAL DELIVERY
VA BRANCH P.O.
LOS ANGELES, CA 90073.
$195.00
35.00 (ADM.COST)
(RECORDING)
$195.00
50.00 (ADM.COST)
(RECORDING)
$195.00
35.00 (ADM. COST)
(RECORDING.)
$195.00
35.00 (ADM.COST)
( RECORD ING )
$195.00
35.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SEC. 14-3 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE
MOTOR VEHICLES ON PRIVATE PROPERTY PROHIBITED; DECLARED A
NUISANCE; EXCEPTIONS.
.
-3-
RES. NO. 12-88
~
. J
RESOLUTION NO. l3-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY
BEACH: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS: PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS:
PROVIDING FOR THE MAILING OF NOTICE.
.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 9, Article XIII of the Code of Ordinances,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Chapter 9 and those Codes adopted in Chapter 11 of the Code
of Ordinances: and,
WHEREAS, pursuant to Chapter 9, Article XIII of the Code of
Ordinances of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Chapter 9 and/or Chapter 11 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the attached
list with written notice of unsafe building and detailed report of
conditions and notice to vacate as the Building Official determined that
the building was manifestly unsafe and is considered a hazard to life
and public welfare pursuant to Chapter 9, Article XIII of the . Code of
Ordinances describing the nature of the violations and sent notice that
the building was to be vacated within three (3) days from notice and
that the building was to be repaired or demolished: work must be begun
within sixty (60) days and all work must be completed within one hundred
and twenty (120) days, said notice also advised that all appeals must be
filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice: and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official: therefore pursuant to Section 9-482 the Build-
ing Official caused the abatement action to be done: and,
.
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 9-483 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Council a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved: and,
WHEREAS, the City Council of the City of Delray Beach, pursuant
to Chapter 9, Article VIII of the Code of Ordinances desires to assess
the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of $1.892.00
One Thousand Ei ht Hundred Ninet -two and no lOO as shown by
t e report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
2.Cf
,
thirty (30) days after mailing of the notice described in Section 9-483
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
wi th the same penal ties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner{s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice{s)
that the City Council of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment{s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the
,19_
day
MAY 0 R
.
ATTEST:
City Clerk
- 2 _
Res. No. 13-88
NOTICE OF ASSESSMENl'
7Y)~
1, IveF?
Dcite
'10:
William H. Barton, Sr. and William F. Barton
AlXlRESS :
419 NW 9th Avenue, Boynton Beach, FI 33435
p~~.t: 122-124 SW 12th Avenue, Delray Beach, FI 33444
LEGAL ~ON: Lot 18. Block 3. Atlantic Park Gardens, according to Plat Book 14,
Page 56 of the official records of Palm Beach County, FI
You, as the record owner of, or holder of an interest in, the aOOve-described
property are hereby advised that a cost of $1,892.00 by resolution of
the ~ty Council of the City of Delray Beach, Florida, dated Yn ~ 'i' ,
19 IT, has been levied against the above-described property.
.
'!he costs were incurred as a result of a nuisance abatarent action regarding
the above-described property. You were given written notice on 9-8-87
that the building official has detennined that a building lOcated on the above-
described property was l.U1Safe. You were advised in that notice of the action to
be taken to rernedy that unsafe condition and of the time within which the remedial
action was required to be taken.
You failed to appeal the decision of the building official to
the Board of Construction Appeals although you were infODllE!d
of your right to an appeal and of the procedures for obtaining
appeal. You have also failed to take the corrective action
required by the notice of the building official.
You appealed the decision of the building official to the
Board of Construction Appeals. You were given written
notification on that you were required
to take the corrective action required by the decision of
the Board of Construction Appeals wi thin a stated period of
time. You failed to take the action as required by the order
of the Board of Construction Appeals.
'!he City of Delray Beach has ~efore taken remedial acticn to reuove the
unsafe condition existing on the above-described pJ:qlerty on 2-17-88
at a cost of $1.892.00 1of1idl includes a ten percent (10%)
administrative fee. . If you fail to pay this cost within thirty (30) days, that
cost shall be recorded on the Official Beco1:Js of Palm Beach County, Florida
against the aOOve-described pJ:qlerty.
x
Copy of all notices referred to in this notice are available in the office
of the building official.
.
BY ORDER OF THE CITY CXXH::IL.
..c j" 'A",/ 7! &ere( ~
, City
,
RESOLUTION NO. 14-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH; 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 13 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 13 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 13-16 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 with the standards set forth in Chapter
13 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 13-16 and 13-17 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 13-14 pertaining 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 Delray Beach would proceed to
correct this condition by abating such nuisance, and that the cost
thereof would be levied as an assessment 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 13-16 within the time limits prescribed in
said notice and Chapter 13 of the Code of Ordinances, or if the property
owner(s) did request and receive a hearing, said property 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 violation of 13-14); and,
WHEREAS, the City of Delray Beach, through the City
Administration or such agents or contractors hired by the City
Administration was therefore required to and did enter upon the land(s)
described in the list attached and made a part 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 13 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Council 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 Council of the City of Delray Beach, pursuant
to Chapter 13 of the Code of Ordinances desires to assess the cost of
said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
'--~ 0
.
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(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 Council of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien 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 including a reasonable
attorney's fee.
.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien 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.
Section 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 13-20 of the Code of Ordinances, shall be mailed
to the property owner.
of
PASSED AND ADOPTED in regular session on this the
, 1988.
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 14-88
COST OF ABATING NUISANCES UNDER CHAPTER 13
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION
LOT 1, BLOCK 1, SUDAN UNIT A,
PB 28, P 144, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(DAVIS ROAD)
LOT 7, BLOCK 1, SUDAN UNIT A,
PB 28, P 144, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(DAVIS ROAD)
LOT 24, HOMEWOOD PARK REPLAT,
PB 29, P 13, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(EAST DRIVE)
LOT 3, BLOCK 2, SUDAN UNIT A,
PB 28, P 144, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(340 DAVIS ROAD)
LOT 8, BLOCK 8, RIO DEL REY,
PB 12, P 84, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(SE 10TH ST. & SE 4TH AVE)
LOT 9, BLOCK 8, RIO DEL REY,
PB 12, P 84, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(SE 10TH ST. & SE 4TH AVE)
LOT 21, BLOCK B, TOURIST NOOK,
DELRAY, PB 11, P 47, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(N.W. 8TH AVENUE)
LOT 138, TROPIC PALMS PLAT #1,
PB 25, P 99, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(CORNER OF HERON & CURLEW)
LOT 21, BLOCK 1, PINECREST
SUB., DELRAY, LIFE ESTATE
REMAINDER TO MABLE PHILLIPS,
PB 14, P 46, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(140 N.W. 11TH AVENUE)
LOT 6, SUNSET PARK, DELRAY,
PB 12, P 65, PUBLIC RECORDS,
. PALM BEACH COUNTY, FL
(S.W. 4TH AVENUE)
LOT 150, TROPIC ISLE 2ND SEC.,
PB 24, P 45, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(ALAMANDA DRIVE)
LOT 12, BLOCK 96, LINNS ADDN.
TO OSCEOLA PARK, PB 1, P 133,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(347 S.E. 3RD AVENUE)
LOT 17, BLOCK 1, ODMANN'S
SUB., PB 4, P 53, PUBLIC
RECORDS, PALM BEACH COUNTY,
FL (N.W. 13TH AVENUE)
OWNER
ROY E. NICKELS
4677 ELWOOD DRIVE
DELRAY BEACH, FL 33445
ROY E. NICKELS
4677 ELWOOD DRIVE
DELRAY BEACH, FL 33445
ROBERTO CHANG
1012 GERMANTOWN ROAD
DELRAY BEACH, FL 33444
ROY E. NICKELS
4677 ELWOOD DRIVE
DELRAY BEACH, FL 33445
PAUL SAYLOR
1900 S.W. GOLF LANE
BOYNTON BEACH, FL 33435
PAUL SAYLOR
1900 S.W. GOLF LANE
BOYNTON BEACH, FL 33435
ROSS WISKIN
3680 FRANWOOD CIR.,#101
BRADENTON, FL 33505
RAY C. KIMBREL
2954 BRAIRWOOD DRIVE
MT. PROSPECT, IL 60056
CHAS. P. & ADA B.PRESTON
140 N.W. 11TH AVENUE
BOX 2385
DELRAY BEACH, FL 33444
ALTA S. WALTERS
250 N.E. 20TH STREET
#108-N
BOCA RATON, FL 33431
MAYBELLE E. ANGELINO
% LOUIS HOUKAL
7911 W. CORTLAND PKWY.
ELMWOOD PARK, IL 60635
PIERRE PONGNON &
BERNADETTE & FRANCOIS
S. ITACY & W. MARCEAU
347 S.E. 3RD AVENUE
DELRAY BEACH, FL 33444
LEE F. WILLIAMS
13 S.W. 7TH AVENUE
DELRAY BEACH, FL 33444
-3-
ASSESSMENT
$ 30.00
17.50 (ADM. COST)
(RECORDING)
$ 30.00
17.50 (ADM. COST)
(RECORDING)
$ 80.00
35.00 (ADM. COST)
(RECORDING)
$ 50.00
35.00 (ADM. COST)
(RECORDING)
$ 12.50
17.50 (ADM. COST)
(RECORDING)
$ 12.50
17.50 (ADM. COST)
(RECORDING)
$125.00
50.00 (ADM. COST)
(RECORDING)
$ 30.00
50.00 (ADM. COST)
(RECORDING)
$ 18.44
50.00 (ADM. COST)
(RECORDING)
$200.00
35.00 (ADM. COST)
(RECORDING)
$ 30.00
35.00 (ADM. COST)
(RECORDING)
$ 15.00
50.00 (ADM. COST)
(RECORDING)
$ 75.00
35.00 (ADM. COST)
(RECORDING)
Res. No. 14-88
LOT 1, NICHOLS 2ND ADDITION
TO DELRAY BEACH, PB 21, P 70,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(201 S.W. 7TH STREET)
LOT 23, BLOCK 4, MONROE SUB.,
PB 14, P 67, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(714 N.W. 1ST STREET)
LOT 6, PARADISE HEIGHTS, PB
24, P 113, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(322 N.W. 6TH AVENUE)
LOT 24, BLOCK C, WEST SIDE
HEIGHTS, DELRAY, PB 13, P 61,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(902 N.W. 1ST STREET)
LOT 4, BLOCK B, TOURIST NOOK,
PB 11, P 47, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(245 N.W. 9TH AVENUE)
LOT 321, TROPIC PALMS PLAT 1,
PB 25, P 99, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(MALLARD DRIVE)
LOT 19, BLOCK 12, MONROE SUB.,
PB 14, P 67, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(N.W. 6TH AVENUE)
TRACT 0, TROPIC PALMS PLAT 1,
PB 25, P 99, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(LINDELL BOULEVARD)
LOT 23, BLOCK 6, ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(142 S.W. 14TH AVENUE)
N127' OF W135' OF BLOCK 2,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(714-716 N.W. 3RD STREET)
.
LOT 17, BLOCK 1, ATLANTIC
PARK GARDENS, DELRAY, PB 14,
P 56, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 13TH AVENUE)
LOT 16, BLOCK 35, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,
FL (N.W. 3RD AVENUE)
LOT 20, BLOCK 1, ATLANTIC
PARK GARDENS, DELRAY, PB 14,
P 56, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(N.W. 13TH AVENUE)
EDWIN & MARILYN VARIANCE
201 S.W. 7TH STREET
DELRAY BEACH, FL 33444
BERNICE WILLIAMS
SHARON JOHNSON
714 N.W. 1ST STREET
DELRAY BEACH, FL 33444
SHEDRICK & LONIE FASHAW
322 N.W. 6TH AVENUE
DELRAY BEACH, FL 33444
J.A. & LUCILLE HOWARD
902 N.W. 1ST STREET
DELRAY BEACH, FL 33444
F. & IDELLA WILLIAMS
245 N.W. 9TH AVENUE
DELRAY BEACH, FL 33444
MICHELLE GRZESIAK
607 N.E. 17TH AVENUE
FT. LAUDERDALE, FL 33304
WILLIE & ANNIE ALBERT
ESTATE
34 N.W. 6TH AVENUE
DELRAY BEACH, FL 33444
WALTER & GEORGINE T.
851 N.E. 69TH STREET
BOCA RATON, FL 33431
$ 18.44
50.00 (ADM. COST)
(RECORDING)
$ 36.88
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 80.00
50.00 (ADM. COST)
(RECORDING)
$100.00
50.00 (ADM. COST)
(RECORDING)
HAHN $175.00
50.00 (ADM. COST)
(RECORDING)
E. & HENRY WILSON
P.O. BOX 1676
DELRAY BEACH, FL 33447
DORETHA STOKES
239 N.W. 8TH AVENUE
DELRAY BEACH, FL 33444
ELKANAH HEPBURN
130 EAST 20TH STREET
WEST PALM BCH, FL 33404
GRACE BARNETT
1401 39TH STREET
WEST PALM BCH, FL 33407
MARY SALOMON ESTATE
% LILLIAN QUINCE
P.O. BOX 119
DELRAY BEACH, FL 33447
-4-
$ 36.88
50.00 (ADM. COST)
(RECORDING)
$138.30
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
Res. No. l4-88
LOT 11, BLOCK 10, ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(243-241 S.W. 11TH AVENUE)
N100' OF E131.6' OF BLOCK 63,
TOWN OF DELRAY, PB 6, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(200 S. SWINTON AVENUE)
LOTS 20 & 21, BLOCK 54, RESUB.
OF S 1/2 OF BLOCK 54, DELRAY,
PB 11, P 2, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(148 S.W. 1ST AVENUE)
LOT 1, BELLEHAVEN UNIT A, PB
26, P 164, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(302 S.W. 11TH AVENUE)
LOTS 44 & 45, BLOCK 15, TOWN
OF DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(214 S.W. 6TH AVENUE)
S 1/2 OF LOT 22 & LOT 23/LESS
SR R/W, BLOCK 109, TOWN OF
DELRAY, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(86 & 86 1/2 S.E. 6TH AVENUE)
W50' OF E200' OF S135' OF
S 1/2 OF BLOCK 22, TOWN OF
DELRAY, PB 10, P 38, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 2ND STREET)
LOTS 15, 16, 17 & 19, LINCOLN
ATLANTIC PARK GARDENS, PB 23,
P 226, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(110-112, 114-116, 118-120,
124-126 S.W. 13TH AVENUE)
LOT 1, BLOCK 23, TOWN OF
DELRAY, PB 10, P 69, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(SW 5TH AVENUE & SW 2ND ST)
.
LOT 19, BLOCK 2, ATLANTIC PARK
GARDENS, DELRAY, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(S.W. 13TH AVENUE)
LOT 22, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(SW 7TH AVE. & SW 3RD STREET)
LOT 23, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(SW 7TH AVE. & SW 3RD STREET)
LOT 24, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(SW 7TH AVE. & SW 3RD STREET)
J.H. & WILLA M. NIXON
227 N.W. 14TH AVENUE
DELRAY BEACH, FL 33444
CLERMONT MESIDOR ESTATE
200 S. SWINTON AVENUE
DELRAY BEACH, FL 33444
ROSE PREDL
148 S.W. 1ST AVENUE
DELRAY BEACH, FL 33444
N.O. & VIRGINIA SNAGG,SR
302 S.W. 11TH AVENUE
DELRAY BEACH, FL 33444
R. & ELIZABETH BAIN
214 S.W. 6TH AVENUE
DELRAY BEACH, FL 33444
GEORGE F. KEENAN, JR.
464 POND STREET
BOSTON, MA 02130
JOHNNIE MARTIN, JR.
515 S.W. 2ND STREET
DELRAY BEACH, FL 33444
J.REEVE & ANNE S.BRIGHT
700 SEA SAGE DRIVE
DELRAY BEACH, FL 33483
JOHN & JAMES PATMAN
82 N.W. 5TH AVENUE
DELRAY BEACH, FL 33444
J.D. & EARLINE MONROE
116 HARTLAND STREET
HARTFORD, CT 06112
ALVAN E. McFORD
17831 N.W. 47TH AVENUE
CAROL CITY, FL 33055
ALVAN E. McFORD
17831 N.W. 47TH AVENUE
CAROL CITY, FL 33055
ALVAN E. McFORD
17831 N.W. 47TH AVENUE
CAROL CITY, FL 33055
-5-
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 27.66
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 27.66
50.00 (ADM. COST)
(RECORDING)
$ 40.00
35.00 (ADM. COST)
(RECORDING)
$ 46.10
50.00 (ADM. COST)
(RECORDING)
$ 4.61
50.00 (ADM. COST)
(RECORDING)
$150.00
35.00 (ADM. COST)
(RECORDING)
$ 45.00
35.00 (ADM. COST)
(RECORDING)
$275.00
35.00 (ADM. COST)
(RECORDING)
$ 45.00
7.00 (ADM. COST)
(RECORDING)
$ 45.00
7.00 (ADM. COST)
(RECORDING)
$ 45.00
7.00 (ADM. COST)
(RECORDING)
Res. No. 14-88
LOT 25, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(SW 7TH AVE. & SW 3RD STREET)
LOT 26, BLOCK 15, TOWN OF
DELRAY, PB 13, P l8, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(SW 7TH AVE. & SW 3RD STREET)
LOT 32, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 6TH AVENUE)
LOT 33, BLOCK 15, TOWN OF
DELRAY, PB 13, P 18, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(S.W. 6TH AVENUE)
LOTS 10 TO 16, INC., BLOCK 15,
TOWN OF DELRAY, PB 13, P 18,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(217 S.W. 7TH AVENUE)
N50' OF S356.4' OF E135' OF
BLOCK 24, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(S.W. 5TH AVENUE)
LOT A, BLOCK 2, BELAIR HEIGHTS,
PB 20, P 45, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(W. ATLANTIC AVE.& SW 9TH AVE)
W80' OF E300' OF S130' OF
N145' OF LOT 9/LESS R/W SR 806,
SUB. 17-46-43, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(W. ATLANTIC AVENUE)
E50' OF W175' OF S90' OF N110',
BLOCK 21, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(W. ATLANTIC AVENUE)
.
S90' OF N110'/LESS W175'/ OF
BLOCK 21, TOWN OF DELRAY, PB
1, P 3, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(W. ATLANTIC AVE.& SW 5TH AVE)
E12' OF LOT 4 & LOT 5, BLOCK
4, BELLEVIEW MANOR, PB 24, P
54, PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(202 S.W. 8TH COURT)
S50' OF N200' OF E135', BLOCK
13, TOWN OF DELRAY, PB 1, P
3, PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(14 S.W. 6TH AVENUE)
LOTS 34, 35 & S 1/2 OF LOT 36,
BLOCK 15, TOWN OF DELRAY, PB
13, P 18, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(234 S.W. 6TH AVENUE)
ALVAN E. McFORD $ 45.00
17831 N.W. 47TH AVENUE 7.00 (ADM. COST)
CAROL CITY, FL 33055 (RECORDING)
ALVAN E. McFORD $ 45.00
17831 N.W. 47TH AVENUE 7.00 (ADM. COST)
CAROL CITY, FL 33055 (RECORDING)
VERA F. GIBSON $112.50
P.O. BOX 66 17.50 (ADM. COST)
INKSTER, MI 48141 (RECORDING)
VERA F. GIBSON $112.50
P.O. BOX 66 17.50 (ADM. COST)
INKSTER, MI 48141 (RECORDING)
WILLIE WRIGHT $470.00
106 N.W. 12TH AVENUE 35.00 (ADM. COST)
DELRAY BEACH, FL 33444 (RECORDING)
ADELENE JENKINS
245 S.W. 12TH AVENUE
DELRAY BEACH, FL 33444
JOHN ANDREWS
125 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
JOHN ANDREWS
125 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
HERBERT ALLEN &
PAUL ALLEN
1513 1ST COURT NE
BOYNTON BEACH, FL 33435
DAVID HARGROVE
MATTIE B. HUDSON
220 N.W. 4TH AVENUE
DEERFIELD BCH, FL 33441
ALMOUS NOBLE
208 S.W. 8TH COURT
DELRAY BEACH, FL 33444
CHURCH OF GOD BY FAITH
338 N.W. 6TH AVENUE
DELRAY BEACH, FL 33444
LEEBORNE MILLER
5291 PALM RIDGE BLVD.
DELRAY BEACH, FL 33445
-6-
$ 75.00
35.00 (ADM. COST)
(RECORDING)
$ 37.50
25.00 (ADM. COST)
(RECORDING)
$ 37.50
25.00 (ADM. COST)
(RECORDING)
$ 60.00
50.00 (ADM. COST)
(RECORDING)
$ 85.00
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 4.61
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
Res. No. 14-88
S75' OF W135.6' OF BLOCK 39,
TOWN OF DELRAY, PB 1, P 3,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(315 S.W. 3RD STREET)
LOT 19, BLOCK 3, CARVER PARK,
PB 27, P 55, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(426 S.W. 14TH AVENUE)
LOT 22, BLOCK 1, CARVER PARK,
PB 27, P 55, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(1502 S.W. 3RD STREET)
LOTS 15&16, BLOCK 7,ATLANTIC
GARDENS, DELRAY, PB 14, P 63,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(210 S.W. 11TH AVENUE)
LOT 17, LINCOLN ATLANTIC PARK
GARDENS, PB 23, P 226, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(118-120 S.W. 13TH AVENUE)
LOT 11, BLOCK 26, TOWN OF
DELRAY, PB 5, P 64, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(403 N.W. 2ND STREET)
LOT 9, BLOCK 26, TOWN OF
DELRAY, PB 5, P 64, PUBLIC
RECORDS, PALM BEACH COUNTY,FL
(220 N.W. 4TH AVENUE)
LOT 19, BLOCK 1, ATLANTIC PARK
GARDENS, DELRAY, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(47 N.W. 13TH AVENUE)
LOT 12, BLOCK 3, ATLANTIC PARK
GARDENS, DELRAY, PB 14, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(145 S.W. 13TH AVENUE)
.
LOT 14, BLOCK B, CARVER
MEMORIAL PARK, PB 20, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(N.W. 15TH AVENUE)
LOT 23, BLOCK B, CARVER
MEMORIAL PARK, PB 20, P 56,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(213 N.W. 15TH AVENUE)
LUCIUS SIMMONS
3630 W. BELT LINE BLVD.
COLUMBIA, SC 29203
CHARLES W. KEYS
426 S.W. 14TH AVENUE
DELRAY BEACH, FL 33444
THOMAS L. & BETTY J.
JENKINS
1502 S.W. 3RD STREET
DELRAY BEACH, FL 33444
BENJAMIN F. GIBBS
% PARKER
613 S.W. 8TH AVENUE
DELRAY BEACH, FL 33444
J.REEVE & ANNE S.BRIGHT
700 SEASAGE DRIVE
DELRAY BEACH, FL 33444
RONALD SMITH
403 N.W. 2ND STREET
DELRAY BEACH, FL 33444
TED JONES
220 N.W. 4TH AVENUE
DELRAY BEACH, FL 33444
ELDORA R. LaFLEUR
% ROOSEVELT JOHNSON
CO-OP REALTY INC.
8850 N.W. 22ND AVENUE
MIAMI, FL 33142
LUCY M.D. PATTERSON
145 S.W. 13TH AVENUE
DELRAY BEACH, FL 33444
RUFUS NORMAN ESTATE
% C. NORMAN
1720 N.W. 8TH STREET
MIAMI, FL 33147
GERTRUDE CARTER
213 N.W. 15TH AVENUE
DELRAY BEACH, FL 33444
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 73.76
50.00 (ADM. COST)
(RECORDING)
$ 27.66
50.00 (ADM. COST)
(RECORDING)
$ 9.22
50.00 (ADM. COST)
(RECORDING)
$ 18.44
50.00 (ADM. COST)
(RECORDING)
$ 27.66
50.00 (ADM. COST)
(RECORDING)
$ 18.44
50.00 (ADM. COST)
(RECORDING)
$ 92.20
50.00 (ADM. COST)
(RECORDING)
$ 50.00
50.00 (ADM. COST)
(RECORDING)
$ 4.61
50.00 (ADM. COST)
(RECORDING)
VIOLATION IS: SEC. 13-13 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-7-
Res. No. 14-88
RESOLUT ION NO, 15-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING ALL THAT PORTION OF THE TEN (10)
FOOT UTILITY EASEMENT LYING ACROSS THE
WESTERLY SIDE OF LOT 13, RAINBERRY BAY
SECTION EIGHT, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 47 ON PAGES 67 AND
68 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, LESS THE NORTH TEN (10) FEET
THEREOF AND ALSO LESS THE SOUTH TEN (10) FEET
THEREOF.
WHEREAS, Louis I. Heller and Julia M.S. Heller, his
wife, are the fee-simple owners of Lot 13, Rainberry Bay Section
Eight, according to the Plat thereof, as recorded in Plat Book 47
on Pages 67 and 68 of the Public Records of Palm Beach County,
Florida; and,
WHEREAS, Marian Pearlman N~ase, Vice-President,
Dimentional Builders & Associates, Ltd., as duly authorized Agent
for Louis I. Heller and Julia M.S. Heller. his wife, has made
application for abandonment of a portion of the ten (10) foot
utility easement lying across the westerly side of Lot 13,
Rainberry Bay Section Eight; and,
WHEREAS, the fee-simple owners of Lot 12, Rainberry Bay
Section Eight, and Lot 14, Rainberry Bay Section Eight, each have
not obJected to same; and,
WHEREAS, the City Council of the City of Delray Beach,
Florida. finds that its interest in the described property is no
longer needed for the public good and deems it to be in t.he best
interests of the City of Delray Beach to vacate and abandon said
ten (10) foot utility easement lying across the westerly side of
Lot 13, Rainberry Bay Section Eight,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177,
177.101(5) and Chapter 166 of the Florida Statutes, it is
determined to vacate and abandon all right and interest it
to the following described real property:
Section
hereby
holds
All that portion of the ten (10) foot utility
easement lying across t.he westerly side of
Lot 13. RAINBERRY BAY SECTION EIGHT, accord-
ing to the Plat thereof, as recorded in Plat
Book 47 on Pages 67 and 68 of the Public
Records of Palm Beach Count.y, Florida, LESS
the North ten (10) feet thereof and also LESS
the South ten (10) feet thereof.
PASSED AND ADOPTED in
day of
regular session on this
, 1988.
the
MAY 0 R
ATTEST:
City Clerk
~\
DEPARTtv~~NTAL
CORRESPONDENCE
[IT' DF
DELRA' BEA[H
~~,(i
TO
Walter O. Barry, City Manager
,~erald B. Church, P.E., Acting Dir. of
~ Public Works/City Engineer
FROM
SUBJECT
UTILITY EASEMENT - RAINBERRY BAY
SECTION 8, WEST lO' OF LOT l3
DATE 2/11/88
Dimensional Builders and Associates, Ltd., have requested the
abandonment of the subject easement. As shown on the attached
survey, a zero lot line dwelling unit encroaches within the ease-
ment. The various City Departments and Utility Companies have no
objection to the abandonment request. Therefore, it is recom-
mended that City Commission approve the abandonment. An Agenda
Request form is attached for further processing.
It should be noted that this is a change from the previous proce-
dure. As per Planning's 2/5/88 memo (copy attached), Planning and
zoning Board action will not be required for easement abandonmen~.
Right-of-way abandonments will still be presented to the Planninif
and Zoning Board for comments. As a result, Engineering will I
handle easement abandonment requests rather than the Planning .
Department.
GDC:GBC:mrc
cc: City Clerk (w/copy of Agenda Request, Title Certification,
and Legal Description)
Attachments
3\
eM 362
THE EFFORT ALWAYS MATTERS
.
I
,
I
I '8"
LONE
.
I ')
PINE
$#02" ,gr' .. .
, . , ,
'.. ?
18'"
ROAO
6
,
2~ 24
1\
'8'
~..2
'81 .
/,
'I
I
I
62
22
21
20
19
18
17
16
15
14
13
12
9 8
7
145
/3 /2
:EET
,
6
\
47
V': RIVIERA DRIVE ~
50 54 55 59
48 49 518, ".,524 53 571.c, !i8. 6/
.. I . II ,;; /20
/I
T
/0 )
"'
I---
6
?
23
/
62 63
6'4
65 6
~9
3 8 '"'"
I
I
II 10 9 8 7 8 9 10 /I 12 13 14 15 /6/17 6 7
9, ,~ I N, W. 15th ST. l
If /p- 9 Il\f 7 6 5:!:ft 28 29 ~ /8 5 ~
' - .. - I V ~I~ &J :,..,. <( 27 30 ~'IQ 4 <t
26 27 28 29 5 > 4 5t"(j I ..W.;j
PG,88 89)./ ~ 4 ~ ~~I I" I~ 20
T .~~ _ 4 _ N~. . '.( ~ N
, ~) 30 Q) 3 3 ~. -E;-t ,"" ,: 3'i 2/
40 41 ~ 3 N 2:i. .24- I~_ 2:~
<( . 31 I 0 ~ IA 2 I 011" .f. ~61.Q.SL
4 2 ~ 2 2: I f,~~'f CIRCLE EAST
43 ; 32 ISO'V~\~
Z 33 . ./ /'
NORTH ~ ;.,;..-
8 9 10 II 12 13 14
R AINBERRY BAY
~ ECTION SIX
;J: K. 42,PG. 6,7)
RAINBERRY BAY SECTION 8
N.W, '15th S
-'i~Nt-o't-o f'"' '8,
38 39 40 41 42 43 44
ISI;C ~#NINE
.c
3 ;; 37 ~ 55 5'4 53 52 151
N t K. 4.. PGS.
2 ~ N, W. 14 th
1 ./ z<-~ 3~ 3433323
~ ,~M.. ~i:!;; :',
'\ \~t" I \.
\~
r-'37
k
~~
,.-
1" - 200'
Easement Abandonment Lot #13
iC
I
.,.-..s.'
41
42
43
44
J -~
46
..
/n::rrr
l1f:'
j
:r lIwll
..
..
~
.
h
-
I I
.
t.
I
"
f'
!
,
DEPART" ~ENTAL
CORRESPONDENCE
EITV DF
DELRRV HEREM
~~(i
TO walter O. Barry, city Manager
THROUGH0))avid M. Huddleston, Finance Director
FROM T;d Glas, purchasing Administrator 1'~
SU~EeT Bids on Lot Clearing and Mowing, Bid #B8-44
GATE
2-22-88
On December 28, 1987, Invitations to Bid were mailed out to
fifteen (15) contractors.
Three (3) contractors responded at the January 19, 1988 formal
bid opening. A Tabulation of Bids is attached for your review.
Per City Ordinance No. 10-86, Sec. 13-20 "Nuisance Abatement Bid
Procedure", all bidders shall be notified of the lowest bid prices,
and those bidders who agree to perform services at the low bid
price shall be placed on a list for use in nuisance abatement.
All bidders have been so notified, and have agreed, in writing,
to perform the services at the lowest unit price.
The estimated yearly amount to be spent on this contract is $70,000.
Funds spent on this contract are charged to Account 001-0000-115,
and the property owner is then invoiced.
It is recommended that the following contractors be awarded
contracts for one year from date of award per Bid #88-44 and
per Nuisance Abatement Ordinance #10-86, and that per the terms
of the contract, the City Manager be authorized to renew the
contract for one additional year, subject to vendor acceptance,
satisfactory performance and determination that renewal is in
the best interest of the City.
Bob's Mowing and Land Clearing
Walcott and Son
Coastal Construction Service
Attachments: (3)
Tabulation of Bids
Ordinance 10-86, Sec. 13-20
Memo from Code Enforcement Administrator
TG:kwg
32-( 1)6-., ~ C-
eM 362
THE EFFORT ALWAYS MATTERS
(
l,
t,
I
n --
n n
J> J> y )>
-l -l -l -l
- - - -
< - -
-
n ;0 - r f-' f-' ,L- Cd tc ~ r J. , ,. " -.
0 m Z - . 0 -l C .L- ..
C
~ " 0 VI < ;0 -l " -
~ m m -l m J> 'n :t> -,
m ;'0 ~ 'tl '" 'U VI t~ r' t' .. ,. ...
'. ",
Z m Z 0 ~ " ~ I 0 c 0 c c :' :-: J " .. .. J " -,
-l Z - ." " '" " rt J rt .. n c' - n r'c ,. ". " .,
-
VI n -l 0 '" tn tn " '.0 -l .~ - .. :.1 " r- :::
..... m -< m :;: :E :::: m rt rt I " -
,~
m VI 10 0- -l 0> 3: 0 0 C 0 0 c C 0 ~ 0 0 .. -l V'
X VI C :l I :; 0 < < " .- OJ ., .. VI
n VI - - ..... < ,., ~ ![) Go ~ C ~ ,~ -; 0' c ..
m c " '1J :I: C ::: J> >; w >; , >; - " b ", , ~ "
'1J OJ Z . 0 z 0 r -..J ~ r , .r C
-l 3: m c 0 c .. ~ Vl Go Vl '" CJ ,- 1./1 (':, ~l ,,,
- - 0 J> >; m .., ,,, 0 , 0 , - ,. '" , - .. ,,'
..
0 -l -l '" , 0 -..J ,,, .. <: .. c, '.' .', ..
Z -l -l G'l L' V' tn ., , oJ '" L' 0' tn .~
VI m J> '" 0 en 8 -, c' I~ V, 0 "' c ", '~, '"
0 n 0 0 .. '.' .. - .. l;l
.
I :E '^ co ~n ',1
m -l tn ,.. "1, ". l'r. (f~ ", to
0 I " ", " ,..
.. ,. I:, "
" ,. ", "
., " c' H " "
,. " c' .'
_H" --- ---.- - -. f. .. - -~- --
r OJ
J> 0
Z OJ
. O.
<J> <J> ~ <J> <J> <J> <J> <J> <J> <J> VI
-< -< ... ...' -l" '" '" ... '" '" ,." n
-< ,." ,." 0 '" 0 . '" 0 '" r ~
m m m . . ~, . . . ... . . . m 0
VI VI VI '" '" fn 0 0 0 VI 0 0 0 l> :E
0 0 0 0 0 0 0 0 ;0 -
~ " - z
m z en
;0 en
l>
... ... Z
~ 0
~ 0
0
0 0
.-- -- --- ----..- -- ----- ---- --- -
~
.:: :E
" VI 0 ;0 " l>
m :I: Z - :I: <n- r
;0 0 n 0 v> ... n
c ... :I: Z '" -..J 0
...r r l> m <J> <J> . <J> <J> <J> 0 <n- <n- <J> -l
~ 0 ,." ;0 Z -< ... ... 0 '" ,." ... -l" '" ... -l
0 ,." 0 n 0 m Z ,." ,." "" ex> '" ex> 0 '" 0 ex>
oOJ r l> VI 0 . . . . . 0 . . . l>
om ex>:E r 0 0 " 0 0 0 .. 0 0 0 Z
ex> l> r 0 0 m 0 0 0 0 0 0 0
<J>~' r ;;0
... . n -l VI
" \0 0 - 0
" J '-l Z
0 -l 0 VI
0
0
----.. ----- - --- _._~ _. ~~
<n- <n- <n- <J> <n- <n- <n- <J> <J> <n- --
... ... N '" -l" '" - '" ,." N ~~
-< '" '" . 0 0 0 . 0 '" 0
-< -< . . '" . . . '" . . .
m m m 0 0 0 0 0 0 0 0 0 0 ~
VI VI VI 0 0 0 0 0 0 0 0
" "
m m V
'" ;0 ;;
... - ~
to -
0 0
0 0 ~
0 0
_._--- .u -. -. --.-- - --- ----
,
- - -- ".--- -- ---- --- --..---- --
, i
I i
, ,
r:;
c
:t~
"
z-
z-
r
o
-l
n
r
m
J>
'"
z
'"
'"
3:
C
"=
;,
:.
J>
Z
C
>
'"
:>:
'"
--;
3:
MAYOR AND ,-,OMMISSION COMMUNICATION
NO.
DATE'
To: Honorable Mayor and City Commission
Subject: BIDS FOR NUISANCE ABATEMENT JOBS
~ecently. the Purchasing Division completed the bidding out and evaluation
received bids for Nuisance Abatement Jobs for Code Enforcement. We are
requesting that the commission approve the award of bid 88-44 for Nuisance
Abatement jobs to three vendors, each of whom has met Purchasing Department
requirements. Details are noted below:
1. Successful Vendors
1. Bob's Mowing and Land Clearing
2. Walcott and Sons
3. Coastal Construction Services
2. Prices
Each of the vendors has agreed to the following prices:
CateRory
Price
-
I Vacant lots
1.
2.
Up to 3.375 sq. ft.
Over 3.375 up to
6.750 sq. ft.
Over 6.750 up to
13.500 sq. ft.
Over 13.500 sq. ft.
$18.00
25.00
3.
30.00
$1.15/1000 sq. ft.
4.
II
W/BuildinRs
Up to 3.375 sq. ft.
Over 3.375 up to
6.750 sq. ft.
Over 6.750 sq. ft.
up to 13.500 sq. ft.
Over 13.500 sq. ft.
Lots
y;-
2.
18.00
3.
25.00
38.00
$1.25/1000 sq. ft.
4.
III Trash Removal
1. Per Man Hour
12.00
IV OverRrowth ! UnderRrowth
1. Per Man Hour
12.00
ISSUED BY; Disposition by Commission"
o Approved
o Other Jescribe)
Wdter O.
Barry
CITY MANAGER
eM 361
l
I
i
f.
~.,
I
I
rli'" 0"0" .
~...~ ~"'r
. .
of "
Processed By
Richard Bauer
Da" 2/18/88
PAGE TWO
3. Anticipated Annual Expenditures
Approximately $60,000 - $70,000.
4. City of Delray Beach Code of Ordinance Section
Sec. 13-20. Nuisance abatement bid procedure.
The city shall obtain competitive bids at intervals no less than
yearly for an hourly rate for services entailed in carrying out the
abatement of nuisances under this article. The successful bidders
shall be required to provide such insurance and bonding as the city
deems advisable. The code enforcement division shall notify all
bidders of the price of the lowest bid and those bidders who agree
to perform services at the low bid price shall be placed on a list
for use in nuisance abatement.
The code enforcement division shall prepare an estimate of the
number of hours needed to abate each nuisance. If the person or
company abating the nuisance exceeds the estimate by more than
fifteen per cent (15%), the code enforcement officer shall
investigate to determine if the additional hours are justified, and
shall make a report of his/her findings to the building official.
The building official shall negotiate any discrepancies in billing
with the contractor. If the matter cannot be resolved, it shall be
referred to the city manager or to the assistant city manager who
shall be the final arbiter of the billing dispute. A copy of this
section shall be attached to the bid documents so that all bidders
are advised that billing disputes will be resolved in this manner.
(Ord. No. 10-86, Statute 5, 2-11-86)
5. General
Jobs will be assigned to the three successful bidders on a rotating
basis.
Code Enforcement expressly reserves the right to solicit competitive bids from
any vendor, including those not listed above, on any job(s) which the Division
determines may require additional expertise or specialized equipment to
handle.
RB:mh
\
I
r.
1
,
J ,.-; \. .()'IIA
1"-. --" i6 ~ -,.J) I
j \... " c~ 11-..
McCartney Ptante Daley Jc:::..;'r~ ~~.
ASsoOOles ~ 4, ~~ c ;i...
" G",,,,,,,., Aff.'" C""""'(l.bb,;" f.' 'h, Cl', .f Oo~ . 'iIO
I, Kathleen Daley, an equal partner of McCartney Plante Daley ec,~
Beach,
Associates, a public relations/political consulting/governmental affairs
firm, will continue to represent the interests of the City before the
Governor and Cabinet, State agencies and the Florida Legislature, which
representation would include attendance at all necessary House and Senate
committee meetings during each calendar year, necessary delegation
meetings, as well as the regular session and any relevant special sessions
of the Florida Legislature, and continue to monitor all legislation
affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City of Delray
Beach, and managing partner of the account for McCartney Plante Daley
Associates, I will personally attend to and supervise all matters
pertaining to the account, working in conjunction with the Delray Beach
City Council, the Delray Beach City Manager, and such other staffpersons
within the City Administration as they are related to my duties on behalf
of the City.
I will make myself available to the above-mentioned persons and
offices on both regular and "as needed" bases for meetings and discussions
related to my duties on behalf of the City.
I will not appear before the Delray Beach City Council on behalf of
any other clients of McCartney Plante Daley Associates, thus eliminating
any possibility of conflict of interests with respect to my duties as
Governmental Affairs Consultant/Lobbyist for the City of Delray Beach.
3:2,,~
PUBUC RELATIONS. POLfTlCAL CONSULTING. GOVERNMENTALAFFAlRS
One_PIoce'62! N.W. 53nl_
SUlo 240-23' BoaI ~ Florida 33487
BoaIRax> (3le) 997-87fi8. Weotl'lrlm _ (3le) 737.2044
r
~
,
,
........
,
..-. ~-'
It is submitted that my services would be initially contracted for
a period of one (1) year, to be reviewed for renewal by the Council at the
end of said period.
McCartney Plante Daley Associates is willing to undertake the
foregoing representation on the following basis:
1. McCartney Plante Daley Associates will be paid a retainer in
the total amount of SI6,000.00 for the contracted period:
(a) SI,OOO.OO for March, 1988,
(b) SI4,000.00 for April and May, 1988, and
(c) $1,000.00 for June, 1988,
payable upon acceptance of this contract by the City.
2. In addition, McCartney Plante Daley Associates will be
reimbursed for all vouchered out-of-pocket expenses incurred by me when
such expenses are in conjunction with City business. Such expenses
include, but may not be limited to: lodging, transportation, meals, long
distance telephone, photocopying, postage, etc.
It should be noted that some such expenses may be pro-rated on an
"as used" bas is and part i ally absorbed by other c 1 i ents of McCartney Plante
Daley Associates who may require services concurrently with the City of
Delray Beach and incur some expenses, such as lodging and transporation,
concurrently with the City.
-2-
r
.
-,
...-....-.-.-
,
.
3. Expenses for recommended promotional items and events relating
to my duties on behalf of the City, such as printed collateral materials
and specific entertainment and/or educational events, will be subject to
approval by the City Manager and payable by the City as additional
expenses.
4. Any additional "special project" work which may be requested at
any time by the City Councilor the Office of the City Manager, and which
falls outside of my realm of duty as Governmental Affairs Consultant/
lobbyist for the City, will be contracted for separately and on special
project bases.
Either the City of Delray Beach or McCartney Plante Daley
Associates may terminate this agreement at any time, pursuant to the
following:
(i) If terminated by the City of Delray Beach at any time during
the contracted period, McCartney Plante Daley Associates will retain the
total amount of $16,000.00, plus McCartney Plante Daley Associates will be
reimbursed by the City for any vouchered out-of-pocket expenses incurred up
to the date of termination.
(ii) If terminated by McCartney Plante Daley Associates at any time
during the contracted period, McCartney Plante Daley Associates will retain
a pro-rated to-date portion of the total amount of $16,000.00, plus an
amount equalling the total of any out-of-pocket expenses incurred up to the
date of termination, and will refund the remaining portion of the total to
the City.
-3-
!
,
.
r
"
-.-
-- ".
.-.,...-. .......
,
.
-,
Signed and agreed to by:
on:
.
Kathleen E. Daley
McCartney Plante Daley Associates
City of Delray Beach
Date
-4-
r
...
~
~_._"'_. ..""
,
[ITV DF DElAAV BEA[H
100 N.W. 1 st A VENUE
DELRAY BEACH, FLORIDA 33444
305/243-7000
MEMORANDUM
;
FROM:
CITY
TO:
SUBJECT:
DATE:
March 7, 1988
I would like add an additional item to the Agenda for your
March 8th meeting. Specifically this would be an addendum
to Council Action Item No. 32 and would become the 3rd item
under the Award of Contracts. This project is a raw water
main which being installed in conj unction with our golf
course wellfield. Funding was included in the 1983 Revenue
Bond issue for the golf course wellfields.
Bids were opened on February 24th, following a very success-
ful bid competition, which produced a low bid of $536,650.
This is significantly below the engineers estimate of
$680,000 and is well within the $797,000 balance remaining
in the water and sewer bond account. Russell and Axon have
evaluated all bids and recommend the low bid firm Solo
Construction Company of North Miami Beach.
By way of summary then, I recommend award of a contract for
installation of a 36 inch raw water main in conjunction with
our golf course wellfield project to the low bid firm, Solo
Construction Company, in the amount of $536,650. Funding is
available in Water and Sewer Revenue Bond account
#337-000-l6-24.00.
WALTER O. BARRY
City Manager
WOB:sk
.:32--3
THE EFFORT ALWAYS MATTERS
TO
Thru:
FROM
SUBJECT
eM 362
DEPARTMENTAL
CORRESPONDENCE
7D /lI... 0....,,'1..
Walter O. Barry- City Manager
Robert A. Barcinski- Asst, City Manager ~
Ted Glas- Purchasing Administrator ~~
[IT' DF
DELRR' HEREM
7~~
Bids on 36" Raw Water Main, Bid #88-51:
(Interim Golf Course Well Field- Part B)
DATE 3/2/88
A legal advertisement was placed in the Palm Beach Post on February 5, 1988,
Plans and specifications were picked up by (11) eleven interested contractors from
Russel & Axon, Engineers,
Eight (8) contractors responded with bids at the February 24, 1988 bid opening. A
tabulation of bids is attached for your review.
Following analysis from Russell & Axon and staff review, it is recommended that the
contract be awarded to the low bidder, Solo Construction Co., for the amount of
$536,650.00 using polyethylene pressure pipe.
Funding is available in 1983 Water & Sewer Revenue Bond Account #337-000-169-24,00
attachments:
Tabulation of Bids
Recommendation fr,om
Recommendation from
Russell & Axon
Util ities Dept,
THE EFFORT ALWAYS MATTERS
Russell & Axon, Inc.
~~"
/' 'i-..;,. - \
.; J' '::, 1\
.1' _:~~~ /\ ,:,:
',', -"~~,,;~ 6,., I
\\ , <;!l.~ \} '",/ ;,j
'~
Established in 1920
March 2, 1988
Mr. Robert Pontek, P.E.
Director of Utilities
City of De1ray Beach
100 N.W. First Avenue
De1ray Beach, Florida 33444
SubJect:
36" Raw Water Main Bid Evaluation
R&A Project #00724-K
Dear Bob:
We have evaluated the bids on the subJect water main, and are
recommending the low bidder Solo Construction Co., 15251 N.E.
18th Avenue, Suite 10, North Miami Beach. Because of the
potential for reverse osmosis treatment at the water plant we
are recommending the polyethylene pipe. The bid price was
$536,650.
We have checked some of the references supplied by Solo and
they have indicated that their work has been satisfactory. A
brief financial statement does not indicate a financial
problem. I have enclosed these for your review along with the
bid tabulation.
We look forward to working with the City during the
construction of this water line. If you have any questions
please don't hesitate to call me.
Sincerely,
RUSSELL & AXON, INC.
/~P//~.)
Kenneth N. Schenck ~
Vice President
KNS/dmp
cc: Ted Glass, w/encl.
SUITE 115 . 951 BROKEN SOUND PARKWAY. N.W . BOCA RATON, FLORIDA 33431 . 305/994-9701.305/732-7550
DEPARTMENTAL
CORRESPONDENCE
CITY DF
DElAAY BEACH
~(j
TO
Mr. Walter O. Barry, City Manager
FROM Robert S. Pontek, Oi rector of Publ i c Uti 1; ti es
SUBJECT
36" RAW WATER MAIN BID AWARD
OATE 3/02/88
Bids were received in the Purchasing Division on February 24th
with the attached bid spread sheet for your information.
There were four options provided for the bidding to allow cost
comparisons for different pipeline materials. Due to the rela-
tive cost of the polyethylene pipe in the Solo bid, this is the
recommended option for us to proceed.
Our future treatment options include softening or RO process.
The use of the slightly more expensive pipe materials will
promote RO without possible contamination of the resins used in
the RO. This is a frequent problem with ductile iron pipe and
silica tends to shorten the life expectancy of the RO resins.
The engineer's letter of recommendation is attached and we concur
with the award of bid to the lowest bidder, being Solo Construc-
tion in the amount of $536,650.00.
Funds for this project are included in the 1983 Revenue Bond
issue for the golf course well fields. Due to the importance of
the award at this time of water supply shortage, we request
consideration at the March 8th City Commission meeting.
I?~~ ~T';A@
Robert S. pontek
RSP:aae
ATT:
cc: Mr. Ted Glas
Purchasing Administrator
CM362 THE EFFORT ALWAYS MATTERS
m CD
&/ ~s H z=i z 0
Z-f ... H HH' Cl
HH Om H < HH H Om 0
H . ::: H H . ;;: Z
m 1)
~; ;gg O-OJ ~ C"loJ 0-0) m m
m-f", 8 m-f", '" Z
> OJ :p t;~ ClQ (/)m_ :p OJ :p ..&:~ 8 (/)m_ <fi z
. 0 .0. o;;:m ;;: 0 0 -< C/O ()5:m C1
. 0 1)
) 0 gj I ;J t:! '" 'T1 0 OJ m ~ '(';J '" 'T1 '" 0
0) m c: &;
> 0 z ;;: Cl M 1) Z 0 Z "lM 1J 0 )>
~ z 0 -f j Z 0 >-< H(/) -f '- -f
.. CIlH Y 0 p .. t:xl (f.) H Y m f\1
0 p M M"" M ~ M "" 0
0 '" Z 00 0 '" Z 0 0 -f
0 m. M '" Z 0 m M . Z
0 n ;; 0 "0 f;18 '" Z
;; "0 0"0 m 0 ..,.,
1) m "" ZH 1) "" HZ H M
:p < M tll :p < M Z "0 to
Z' m CIl Z m 1;i (30 M ""
!;' CIl 0 ~ !;' 8 c::
~ c:: -<"" )>~ c:: "" >-< "" )>~ >
"" .. "" 0" ...., ""
M H> zo M MH > zo N >-<
Z"tJ 00 oz "0 00 '"
~~ 0"tJ pm "0 0 "0 pm N
~~ H "tJM c:: W '"
o~ "0 "" "" "" o~ 0-.
M >-1 o(/) MM >-1 o(/)
"tJM "'Z CIl"tJ ~ "'z ....
"" HZ "" CIlH "" -0
"tJ> m:p C::"tJ > m)> > 00
> MZ (/);: > ""M Z Ul;: :;:: 00
"tJ ",,0 (/)m "OM 0 Ulm
"0 Bl "tJ ... Cl :;::
.. ~;n ~ ~> > w
> >-1
'" 0
"'''' "tJ '" SJ:g "" 0
:;: ". ~ Z ~
> >c:: :r
Z >-1 Z "0'" >
0 ~ n "0>-1 H
'" '" C::M Z
> "'Z
Z >-1> (3
n MZ
'" zn '"
CIl ~B5
~ 0
0 H
M >-1
>-<
0 '" C"l> 0
0 R ~ 00 0-. i::l "'0 "l
...., ...., a- a- , 000 0'"
;:: UJ10 a- , ~+:-- w c:: '='
... ..'-D...O '" H 0 zc:: M
Z... '" ~ '" '" oz ..
w"'w a- 0 "l ~ '" 03 '" 0 '"
0 ...., ...., N M '" HM >
...., NN N '" Z'" >-<
'" 01
M . t:xl
, 5':1 \ M OJ
.. >
\ 0
1:1" ~ ~ .8 '" a- :r :z: 0
"" '" >- -f
0 < 0 .... Z
. .< H . - ;to
0 :z ~ ~ w 00 n
.. C"l '" '" 0 OJ
H 00 a- :z: c:
Z ""
C"l r
H )>
Z , -f
.. ~I ,
H '" a- "":r 0
...., a- '" Z H a-:~ '"
1000 ...., t:;j 0 /:Z ~ '" M> Z
"'W '" I .... ;:;z
. '" :r ~I~ ~
N'" ...., Z >- 00 ;;;0
'n n 'n - ~ , n