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04-26-88 Regular CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION APRIL 26, 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 proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. PUBLIC HEARINGS 5. ORDINANCE NO. 11-88: located at the southwest Avenue. An Ordinance for the annexation of Enclave 6, corner of N. W. 22nd Street and N. W. 2ndd 6. ORDINANCE NO. 14-88: An Ordinance for the annexation of Enclave 7, located at the southwest corner of N. W. 22nd Street and Lake Drive. 7. ORDINANCE NO. 15-88: An Ordinance for the annexation of Enclave 9, located south of N. W. 22nd Street on the east side of the cul-de-sac at the end of N. W. 4th Avenue. 8. ORDINANCE NO. 16-88: lllocated on the west side Drive. An Ordinance for the annexation of Enclave of the cul-de-sac at the south end of Lake 9. ORDINANCE NO. 17-88: An Ordinance for the annexation of Enclave 12 located on the west side of the cul-de-sac at the south end of N. W. 4th Avenue and on the north side of N. W. 18th Street between N. W. 4th Avenue and Lake Drive. 10. ORDINANCE "Administration" the City Manager. NO. 18-88: relative to An Ordinance amending Chapter 2 designation of municipal departments by 11. ORDINANCE NO. 19-88: A Land Use Plan Amendment changing the zoning on 2.7 acres north of Holiday Inn Camino Real. 12. ORDINANCE NO. 20-88: An Ordinance rezoning City owned the corner of Miramar and Venetian from RM-15 to CF accommodate construction of a fire facility at that site. property at in order to 13. ORDINANCE NO. 21-88: An Ordinance rezoning land presently zoned RM-15 to LC and CF in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking. 14. ORDINANCE NO. 22-88: This is a companion ordinance to Ordinance No. 21-88. 15. ORDINANCE NO. 23-88: An Ordinance which would allow for expansion of our present fire facility on Andrews Avenue, but eliminates beach side parking at the north end of the Ocean Property holdings. 16. ORDINANCE NO. 24-88: An Ordinance which would allow for expansion of our present fire facility on Andrews Avenue, but eliminates beach side parking at the north end of the Ocean Properties holdings. DISCUSSION ITEMS Presentation Fiscal Year Whinney) . Presentatioin 2 - Report on the Status of the Beautification Project for West Atlantic Avenue and Linton Boulevard. 1 - Acceptance of the Ended September 30, Annual Financial Report 1988 (Mr. Paul Bremer, for the Ernst & REGULAR AGENDA 17. ORDINANCE NO. 25-88 (First Reading). An Ordinance property and establishing an initial City zoning of RM for located at the southwest corner of AlA and Brooks Lane. annexing a parcel 18. ORDINANCE NO. 26-88 (First Reading). An Ordinance annexing the balance of Enclave 40 on the north side of Brooks Lane. 19. ORDINANCE NO. 27-88 property south of Germantown the Andover Subdivision. (First Reading). An Ordinance annexing Road, north of the L-37 Canal and west of 20. ORDINANCE NO. 28-88 (First Reading). An Ordinance annexing the Aqua Crest Swimming Pool at Atlantic High School. 21. CONDITIONAL USE PERMIT REQUEST (CU 6-221). Requesting a conditional use permit and approval of a site plan for a car wash as an additional use at the Chevron gasoline station located at th e northwest corner of Congress and Atlantic Avenues. 22. CONDITIONAL USE PERMIT REQUEST (CU 6-222). Requesting conditional use and approval of a site plan for an extension of existing display parking area for Bill Wallace Ford. 23. FINAL PLAT - WALLACE FORD. Requesting final plat approval for the Wallace Ford Dealership. 24. COMMISSION ACTION RE. Annexation of property on South Federal Highway by Enterprise Leasing. 25. COMMISSION ACTION RE. Land Use Plan Amendment from MF-IO to C and rezoning from RM-IO to CBD to accommodate construction of a parking facility for Jacobson's Department Store located north of N. E. 1st Street and east of 7th Avenue. 26. FINAL PLAT APPROVAL final subdivison plat for between Dixie Highway and PRIEST O. D. U. S. 1, COMMERCIAL PROPERTY. Requesting a Priest Commercial Project located adjacent to N. W. 16th Street. 27. SITE PLAN APPROVAL Requesting a site plan for a Barwick, located on the east and RidgewoOd Road. PULTE HOUSING CORPORATION PRD-L PROJECT. PRD-L development known as the Villages of side of Barwick Road between Lake Ida Road 28. COMMISSION ACTION RE. MOdification of Public Hearings and Annexation and Rezoning Procedures. CONSENT AGENDA 29. REQUEST FOR VARIANCE TO ALLOW A BOAT DOCK. Requesting a variance to construct a boat dock within 21 feet of property adjacent to the east side of Hyacinth Drive at south side of cul-de-sac in Tropic Isle. 30. COMMISSION ACTION RE. Approval of Rules of Procedure for the Delray Beach Human Relations Committee. 31. COMMISSION ACTION RE. Appointment of one member to the Downtown Development Authority. 32. RESOLUTION NO. 25-88. A Resolution authorizing First Supplement Trust Indenture between the City Southern Trust Company. the execution of a and citizens in 33. COMMUNITY SCHOOL AGREEMENT - DELRAY BEACH AND PALM BEACH COUNTY SCHOOL BOARD. Approval of an addendum to an agreement for operation of a "Community School Program" at Plumosa Park Elementary School. 34. REGIONAL WASTEWATER TREATMENT Approval of payment request No. 1 in Incorporated for installation of Wastewater Treatment Plant. PLANT the air AIR SCRUBBER IMPROVEMENTS. amount of $12,125 to Q & Q scrubbers at the Regional 35. FINAL PAYMENT - GOLF COURSE WELL DRILLING PROJECT. Approval of final payment and reimbursement of retainage to Youngquist Brothers, Inc. in the amount of $106,318. 36. COMMISSION ACTION RE. Approval of the 1988 Hire a Youth Program and the 1988 Summer Code Enforcement Program. 37. COMMISSION ACTION RE. Approval the 1988 Summer Youth Employment and Private Industry Council (PIC). of participation by the City in Training Program sponsored by the 38. COMMISSION Improvements to $142,479.92. 39. INTERLOCAL AGREEMENT/LINE OF CREDIT. Agreement for a line of credit between Agency and the City. ACTION RE. Award of bid for Water Onontario of Palm Beach, Inc. in the and Sewer amount of Approval of an Interlocal the Community Redevelopment 40. GRANT APPLICATION a fee proposal not Associates to prepare beautification funding. PROPOSAL - BEAUTIFICATION FUNDING. Approval of to exceed $13,000 from H. Kurt Kettlehut & a grant proposal to Florida DOT for 41. COMMISSION ACTION RE: Awards of Bids and Contracts. A. Snap Tite Hose, Inc. - $20,825. B. Frank Fidler/James Brown - $40,250. C. First Construction of Palm Beach - $19,930. PROCEDURAL ITEMS 42. Comments and Inquiries on Non-Agenda Items by Citizens. 43. Approval of minutes of Regular Meeting of April 12, 1988. d 44. Comments and Inquiries on Non-Agenda Items: A. Commission. B. City Attorney. C. City Manager. TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF APRIL 26, 1988 DATE: April 21, 1988 PUBLIC HEARINGS Item No.5 (Ordinance 11-88). This is an enacting Ordinance for the annexation of Enclave 6 which consists of two parcels totally .76 acres each of which contains one single family home. Proposed zoning for the Enclave is R-lAA the level of service is classified as "B" meaning that service meets general standards and is equal to that provided to similarly situated areas of other parts of the City. This action and the other Enclave actions which follow is pursuant to recommendations accepted by the City Commission earlier in the Enclave report which in turn was prepared pursuant to Florida Statutes requiring an urban service plan as a prerequisite to certain annexa tions. Recommend approval of Ordinance No. 11-88 annexing Enclave 6 with proposed zoning R-1AA. Item No.6 (Ordinance No. 14-88). This is an enacting Ordinance for the annexation of Enclave 7 which consists of two parcels totaling one acre containing two single family homes on two lots. Proposed zoning for the enclave is R-l-AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 14-88 annexing Enclave 7 with proposed zoning R-1-AA. Item No.7 (Ordinance No. 15-88). This is an enacting Ordinance for the annexation of Enclave 9 which contains one parcels totaling .45 acres containing one single family residence and one lot. Proposed zoning for the enclave is R-l-AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 15-88 annexing Enclave 9 with proposed zoning R-1-AA. Item No.8 (Ordinance No. 16-88). This is an enacting Ordinance for the annexation of Enclave 11 which contains one parcels totaling .79 acres containing one single family residence. Proposed zoning for the enclave is R-1-AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval of Ordinance No. 16-88 annexing Enclave 11 with proposed zoning R-1-AA. Item No.9 (Ordinance No. 17-88). This is an enacting Ordinance for the annexation of Enclave 12 which consists of two parcels totaling .85 acres containing one existing residence and one vacant single family lot. Proposed zoning for the enclave is R-1-AA. The level of service is classified as "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. AGENDA REPORT Meeting of April 26, 1988 Recommend approval of Ordinance No. 17-88 annexing Enclave 12 with proposed zoning R-1-AA. Item No. 10 (Ordinance No. 18-88). This is an Ordinance amending Chapter 2 "Administration" of Article I of the Municipal Code providing that municipal departments shall be designated by the City Manager in such numbers and organizations deemed necessary to carry out the powers and duties of the office. This language will facilitate creation of the administrative streamlining previously discussed. Three groups of departments, Management Services, Development Services, and Community Services, which will be established. These are consistent with the recommendations made by the Public Administration Service study contracted for by the City in 1987. Concern had been expressed that the language presented would not provide proper overview by the City Commission in establishment of departments. While I had intended that the Commission would review this at least during the budget process, the language added to read" with Commission approval" following the words "City Manager" would certainly be acceptable. The intent behind the change is to eliminate the cost of advertising for an ordinance change, conducting public hearings, and then reprinting Municipal Code pages. If the Commission prefers the additional language would certainly allow the flexibility that is sought while maintaining a formal approval role. If this language was added it would also be appropriate to move approval of the Management Services Group, which includes the departments of Finance, Budget, Purchasing, Personnel, Risk Management, and Information Resources. Two other groups of departments will be proposed including the Development Services Group and Community Services Group. No changes are proposed which involve the Police or Fire Department. Recommend approval of Ordinance No. 18-88 amending Chapter 2 "Administration" Article I in the Code of Ordinances. Item No. 11 (Ordinance No. 19-88). City's Land Use Plan by changing property owned by Ocean Properties property from P to C. This the from is an Ordinance amending the designation on a portion of MF-15 to C and on City owned The requested Land Use Plan is a necessary step to accommodate the expansion of the Holiday Inn Hotel. The proposed amendment does not include the northerly 58 feet of the Ocean Property holdings which will remain MF-15 on the Land Use Plan. As MF-15, the parcel can be zoned to CF (Community Facilities) in order to accommodate beach side parking. Because the total acreage is less than 3 and falls below the threshold requiring State review, this item can be accommodated as a local plan amendment. Land Use Plan amendments require 2 Public Hearings and thus final action can not be taken before the second Public Hearing on May 10th. The Planning & Zoning Board at its April 11th meeting, recommended approval of the proposed amendment. Recommend approval of Ordinance No. 19-88 amending the Land Use Plan of the City of Delray Beach by changing the designation on 2.14 acres of property owned by Ocean Properties from MF-15 to C and on a .48 acre parcel of City owned property from P to C. Item No. 12 (Ordinance No. 20-88). This is the Second Reading and final reading of an Ordinance which would allow a fire station to be built at the corner of Venetian and Miramar. The Ordinance rezones City owned property at the corner of Miramar and Venetian from RM-15 to CF. This rezoning request has been initiated by the City in order to accommodate construction of a fire station on property acquired in - 2 - AGENDA REPORT Meeting of April 26, 1988 1971. A special Workshop Meeting on this issue was conducted on April 19th at which time a great deal of discussion was generated. The Planning and Zoning Board at a special meeting held on April 11th, recommended approval of the rezoning request by a 4 to 1 vote. The staff has recommended this facility be considered as a relocation site for the existing beach side fire facility. The City Manager recommendation supports the staff finding. The Venetian Miramar site will allow a significant improvement in beach side parking north of Atlantic Avenue. Secondly, the integrity of public decisions made previously on which people relied will be maintained. By enacting this Ordinance and companion Ordinances 21-88 and 22-88, as many as 63 additional beach side parking spaces can be obtained north of Atlantic Avenue. Beach side parking north of Atlantic Avenue has previously been identified as inadequate and exploration of alternate sites has been undertaken. The cost to acquire and improve property on the beach to accommodate additional parking would be far in excess of the proposal here. A 1.2 acre site adjacent to Ria vista and A-1-A is available at a price in excess of a million dollars. Further north a larger more heavily scrubbed property is also available and likely would be even more expensive. Opposition has been expressed by residents who live south of Atlantic Avenue based primarily on environmental impacts. I believe this impacts can be mitigated substantially based on preliminary sketch of a site plan. Approximately 55% (24,962 sq. ft.) of the site would be available for beautification and landscaping, unused set back, and similar uses. A one story building of 6,000 sq. ft. would take ap~roximately 13% of the site with remaining approximately 1/3 being ut11ized for driveways and parking purposes. Design of the facility at the Miramar and Venetian location would allow for "drive through" bays eliminating the need for backing fire apparatus on a regular basis. Construction costs for the Miramar site will total approximately $639.000. Construction here will allow for approximately 88 beach side parking spaces at the Andrews location. Construction of a facility on Andrews, combinded with sale of the Miramar site to offset expenses and purchase of the northerly 58" of Ocean Properties land between A-I-A and Andrews is estimated to cost approximately $611,000. This configuration provides for 44 beach side parking spaces and jeopardizes expansion plans for the Holiday Inn project. The only scenario which offers significant savings to the City is to expand the present site on Andrews to accommodate the new fire facility and eliminate any beach side parking north of Atlantic. The sale of the Miramar site to offset expenses for construction of the fire facility produces a total cost to the City of approximately $250,000. From a finance-management point of view this may appear to be the must frugal. Balancing the public policy issues however weighs in favor of the Venetian-Miramar site when beach site parking is considered. Recommend approval of Ordinance No. 20-88 rezoning City owned property at the corner Miramar and Venetian from RM-15 to CF in order to accommodate construction of a fire facility at that site. Item No. 13 (Ordinance No. 21-88). land presently zoned RM-15 to LC and expansion of the Holiday Inn property and side parking. While the Ordinance can companion land use amendment is enacted, is appropriate. This is an Ordinance rezoning CF in order to accommodate provide for additional beach not be adopted before a Public Hearing and direction - 3 - AGENDA REPORT Meeting of April 26, 1988 Recommend continued consideration of Ordinance No. 21-88 until such time as a companion land use amendment is enacted and a land exchange between the City and Ocean Properties is consummated successfully to assure hotel expansion usage. Item No. 14 (Ordinance No. 22-88) This is a Companion Ordinance to Ordinance No. 21-88. This is an Ordinance rezoning land presently zoned RM-15 to LC and CF in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking. While the ordinance can not be adopted before a companion land use amendment is enacted, Public Hearing and directions is appropriate. Recommend continued consideration of Ordinance No. 22-88 until such time as a companion land use amendment is enacted and the land exchange between the City and Ocean Properties is consummated successfully to assure hotel expansion usage. Item No. 15 (Ordinance No. 23-88). This is an Ordinance which would allow for expansion of our present fire facility on Andrews Avenue, but eliminates beach side parking at the north end of the Ocean Properties holdings. This option has been discussed above. Recommend denial of Ordinance No 23-88 thus eliminating a fire station siting on Andrews Avenue. Item No. 16 (Ordinance No. 24-88). This is an Ordinance which would allow for expansion of our present fire facility on Andrews Avenue, but eliminates beach side parking at the north end of the Ocean Properties holdings. This option has been discussed above. Recommend denial of Ordinance No. 24-88 thus eliminating a fire station siting on Andrews Avenue. DISCUSSION ITEMS Item A- Acceptance of the Annual Financial Report for the Fiscal Year Ended September 30, 1987. Mr. Paul Bremer, a partner with Ernst and Whinney, will be available to present the City's Annual Audit for the year ending September 30, 1987. In your packet are contained comments from the Director of Finance advising of actions taken and responses to the Ernst and Whinney management letter. The Director of Finance has also included a Trend Analysis of Major Revenue Sources for the General Fund, Fringe and Salary Expenditures as a Percentage of General Fund Budget, General Fund Undesignated Fund Balances, Per Capita Cost for Bond Principal and Interest and Water and Sewer Bond Coverage Ratios. At the conclusion of wish to inquire more Director or schedule a Mr. Bremer's presentation, the Commission may specifically of Mr. Bremer and our Finance special meeting later. Recommend acceptance of the Comprehensive Annual Financial Report prepared by Ernst and Whinney auditors for the Fiscal Year ended September 30, 1987. Item B- Report on the Status of the Beautification Project for West Atlantic Avenue and Linton Boulevard. The "Kettlehut" Beautification Plan is progressing and following a meeting April 14th with the Beautification Task Force, it was felt that a status report should be made to the City Commission for input and direction. Attached in your agenda packet is a status report from the City Horticulturist on the landscape plans prepared by H. Kurt Kettlehut & Associates indicating several design changes required by Palm Beach County. - 4 - AGENDA REPORT Meeting of April 26, 1988 Recommend consideration of the Kettlehut Beautification Plan and Commission comment and direction. REGULAR AGENDA Item No. 17 (Ordinance No. 25-88). This is a First Reading of an Ordinance annexing property and establishing an initial City zoning of RM for a parcel located at the southwest corner of AlA and Brooks Lane. Robert J. and Stephanie Cullum owners represented by William Seach are requesting voluntary annexation. The Cullums have initiated this annexation voluntarily which is a part of Enclave 40. The zoning of RM is consistent with the current County zoning designation and with specified land use designation in the City. The development potential of the site is five units provided that the RM district regulations are adhered to. The Planning and Zoning Board at its meeting of April 18th recommended approval of the request. There was opposition heard at the Boards Public Hearing urging four units per acre rather than the potential of five units per acre. Staff is comfortable with the recommendation as site plan decisions will occur during site plan review. Recommend approval of Ordinance No. 25-88 annexing property located at the southwest corner of AlA and Brooks Lane. Item No. 18 (Ordinance No. 26-88). First Reading of an Ordinance annexing the balance of Enclave 40 with an initial City zoning of R-1-AA. This annexation involves a.2 acre lot located on the north side of Brooks Lane which currently contains a single family residence. Water and sewer service are received from the City and the level of service to this parcel is "A". Planning and Zoning Board at its meeting April 18th recommended approval. The only objection to the annexation was from an organization which voices objection to any annexation under the Enclave Act. Recommend approval of Ordinance No. 26-88 annexing a .2 acre parcel of property located in Enclave 40 owned by the Boughton Hotel, Inc. located at the north side of Brooks Lane just west of AlA. Item No. 19 (Ordinance No. 27-88). This is a First Reading of an Ordinance annexing property south of Germantown Road and north of the L-37 Canal, and west of the Andover Subdivision and applying an initial City zoning of R-l-AAA. Sol and Hannah Teitzman have requested this voluntary annexation. The annexation involves 4.2 acres of property for which water and sewer service presently does not exist. There are no firm plans for development at this time however the applicant may process a request for child care (ranch) facility subsequent to annexation. Development be subject to hearing through the conditional use process. The property is part of Enclave 69 which includes the Woodview Subdivision. A Public Hearing was held at the Planning and Zoning Board on the balance of Enclave 69 but no action was taken and the item was continued to a May 23rd special meeting. The Planning and Zoning Board at its April 18th meeting recommended approval of the voluntary annexation request here. Recommend approval of Ordinance No. 27-88 annexing 4.2 acres of property owned by Sol and Hannah Teitzman located in the south side of Germantown Road, north of the L37 Canal and west of the Andover Subdivision and applying a City zoning of R-1-AAA. - 5 - AGENDA REPORT Meeting of April 26, 1988 Item No. 20 (Ordinance No. 28-88). This is a First Reading of an Ordinance annexing the Aqua Crest Swimming Pool at Atlantic High School with an initial City zoning of CF. The Planning and Zoning Board at its meeting on April 18th recommended approval of the annexation request and the CF zoning. When Atlantic High School was annexed to the City, Palm Beach County owned the swimming pool site and it was not annexed. Subsequently the County has authorized annexation proceeding and had requested R-I-AA zoning which is the designation applied to the Atlantic High School property. Staff has corresponded with Palm Beach County relative to proceeding with CF zoning and no objection has been raised. Recommend approval of Ordinance No. 28-88 annexing the Aqua Crest Swimming Pool located on the east side of Seacrest Boulevard, south of Seacrest Lane, on the northwest corner of the Atlantic High School site and applying a zoning of CF to the 2.67 acre tract. Item No. 21 Conditional Use (CU 6-221) Chevron U.S.A. owner represented by Harold Hickcoxs Jr., requests a conditional use permit and approval of a site plan for a car wash as an additional use at the Chevron gasoline station located at the northwest corner of Congress and Atlantic Avenues. The Planning and Zoning Board considered this conditional use request and site plan at their March 21st meeting and recommended approval subject to Community Appearance Board approval of site elevations and landscaping. The CAB at their April 13th meeting approved the site plan as presented. One additional stipulation was required by the Planning and Zoning Board: The revised site plan be presented incorporating (a) a two drive way concept including relocation of an existing driveway to the west, (b) landscaping presented in a revised site plan submitted on December 21, 1987, and (c) that the location of the car wash on the northern portion of the site be submitted to the Planning Department for administrative review and approval through the non-impacting site plan modification process prior to June 1, 1988. Recommend approval of conditional use (CU-6-221 for Chevron U.S.A. at Atlantic and Congress Avenues and approval of a site plan subject to stipulations cited above. Item No. 22 Conditional Use (CU-6-222). william Wallace represented by Roger Saberson and Digby Bridges, Marsh and Associates has requested a conditional use and approval of a site plan for Bill Wallace Ford, located at the northwest corner of Linton Boulevard and Germantown Road. The intended use proposes conversion of the abandoned Germantown Road right-of-way, a .9881 acre parcel, for use as automobile display parking. The Planning and Zoning recommended approval of the the following stipulations: Board at its meeting of February 22nd conditional use and site plan subject to 1. A boundary plat should be filed. 2. An abandoned 10" water main must be removed. The first condition Commission's Agenda construction. is being accommodated by a companion item on the while the second will be accommodated during Recommend approval of a Conditional Use Request (CU 6-222) and attendant site plan for expansion of the Wallace Ford Dealership onto - 6 - AGENDA REPORT Meeting of April 26, 1988 an adjoining .9881 acre parcel of property located at the northwest corner of Linton and Germantown Road. Item No. 23 Wallace Ford Final Plat Approval. Bill Wallace Ford Inc., represented by Caufield and Wheeler are requesting final plat approval for the Wallace Ford dealership located at Linton Boulevard and Germantown Road. The property involves three parcels in an abandoned portion of Germantown road which was previously annexed to the City. The item has been reviewed by the Planning and Zoning Board which recommends approval with a stipulation that: 1. A 10" water main beneath the site be moved. While the stipulation is listed in the staff report it is one which need not be applied immediately. It will be enforced at the time of expansion through a site plan condition. Recommend approval of a final plat for the Wallace Ford dealership located at Linton Boulevard and Germantown Road. Item No. 24 Annexation of Property on South Federal Highway owned by Enterprise Leasing. Enterprise Leasing Company represented by Beril Kruger and Associates has requested voluntary annexation of a .686 acre parcel of property located on the east side of Federal Highway between Avenue H and La Mat Avenue. The present County zoning is CG (General Commercial), in part, for Lots 6 thru 13 and RS (Single Family Residential) for Lot 14. Adjacent City zoning is GC (General Commercial) to the south. The annexation application submitted to the Planning & Zoning Board requested zoning of SC (Specialized Commercial). Considerable opposition was expressed at a Public Hearing since the SC zone could accommodate expansion of an automobile related use on property east of South Federal Highway. At the Board's urging, the property owner amended to the petition request a GC (General Commercial) zoning. The Planning & Zoning Board then recommended approval subject to the stipulation that all lots involved in the annexation (6 thru 14) be platted into a single parcel. This condition was required so that Lot 14 could not be developed separately with access off Avenue H which is a shell rock, sub-standard street. On the other hand, the City Commission may wish to leave the parcel split between GC on the portion of the site currently used by Enterprise Leasing and Residential on the vacant Lot 14. If this were to happen, the developer would have recorded prior to seeking Commission approval. If a single parcel were created and the Commission desired to split the zoning, the property would then need to be subdivided, creating an additional expense and inconvenience for the developer. For that reason preliminary action on this annexation is sought. Recommend Commission action either favoring a single platted parcel or split parcels, one with GC and one with Residential. Item No. 25 Land Use Plan Amendment from MF-10 to C and rezoning from RM-10 to CBD. This action is requested through the Community Redevelopment Agency to accommodate construction of a parking facility for the proposed Jacobson's Department Store addition to Atlantic Plaza. This action will be a City Commission initiated rezoning which is necessary in order for the proposed project to proceed forward. Jacobson's preferred site for a parking structure involves private property north of Northeast 1st Street. The site consist of one vacant parcel which had previously been approved for surface parking and is now owned by Atlantic Plaza and a second parcel occupied by an - 7 - AGENDA REPORT Meeting of April 26, 1988 apartment building, Harbourview Apartments which has twenty rental units. In addition to formal amendment, establishment follows: initiation of the rezoning and land use plan of time frames for processing are proposed as Planning and Zoning Public Hearing, May 16th. City Commission First Public Hearing, reo Land Use Amendment May 24th. City Commission Public Hearing, reo Rezoning and Second Public Hearing on plan amendment June 14. Because these actions involve pUblic agency initiation of a rezoning, special 30 day notice is required. In addition a fast-track advertising schedule is necessary to move the project forward within an agreed upon time frame. Jacobson's would like to be under construction in September of this year for a 1989 opening. The project has significant commercial benefit in that improved shopping and tax base revenues will be produced. It is felt that the spin-off from this improvement will have other beneficial impacts as well. On the other hand, construction of the parking facility at this location places it immediately adjacent to a residential holdings and may have impact on the adjacent neighborhood. Access to Veterans Park will also be affected. On balance however the importance of the project and its beneficial impact to the City weigh in favor of these actions. Recommend initiation of a Land Use Plan Amendment from MF-10 to C and rezoning from RM-IO to CBD for properties located north of Northeast 1st Street and east of 7th Avenue as described in the enclosed Community Redevelopment Agency request dated April 10, 1988. Item No. 26 Final Plat Approval Priest Commercial Property. O. D. Priest proposes the subdivision of a .64 acre parcel located between Dixie Highway and U. S. 1 adjacent to N. W. 16th Street for construction of a commercial building. The final plat submission was reviewed by the Planning & Zoning Board at its meeting on March 21st. A drainage plan acceptable to the City Engineer was required prior to forwarding the final plat for approval. This requirement has been met. Recommend approval of a Commercial Project located to N. W. 16th Street. final subdivision plat for O. D. Priest between Dixie Highway and U. S. 1 adiacent Item No. 27 Site Plan Approval - Pulte Housing Corporation. This item is approval of a site plan for a PRD-L (Planned Residential - Low Density) development known as the Villages of Barwick. The site plan is for 114.19 acres of property on the east side of Barwick Road between Lake Ida Road and Ridgewood Road to be developed by pulte Housing Corporation. The currently vacant parcel is proposed to accommodate three types of homes: 171 conventional single family detached units; 177 zero lot line single family detached units; 114 multi-family units. The project is to be built in four phases, however, off site traffic improvements at the intersection of Lake Ida and Barwick are concurrent with Phase I of the development. The Planning & Zoning Board, at its April 18th meeting, recommended approval of the master site plan subject to the following stipulations: 1. Change "provide" turn lane improvements to "construct". - 8 - AGENDA REPORT Meeting of April 26, 1988 2. A minimum north and south provided at the perimeter sides of beginning of 25 feet be provided along the entry road and entry road of Phase I construction. Barwick in the landscaping be 3. Developer to fund lift station/pump motor replacement when the 200 home threshold of development is met and developer to provide sewer main extension from the lift station to the project site with easements to be obtained by the developer. 4. Developer is responsible for providing a 12" water main from its present point of termination to the eastern boundary of the Pulte project at a point near Lone Pine Road to provide adequate flow and pressure remains but City to reassess this requirement when more detailed engineering data is presented with preliminary plans submission. 5. 2.32 acres of open space identified in Phase IV shall be "useable open space" and shall not include perimeter landscaping areas, setbacks or distance requirements between buildings and "useable open space" areas shall meet the amenity or recreational purposes provided for by the PRD-L regulations. 6. Park/Pool site #2 shall be constructed as a part of the Phase II improvements. 7. All corner lots shall provide required minimum setbacks. 8. Change "shall to "will" on page 7 of the narrative relating to recreational amenities for Phase IV.s 9. Street construction standards for public streets contained in the City's street standards shall apply except as provided for elsewhere and where an option exists for access to a lot from either a private street system or the loop street, access should be from the private street system unless extraordinary conditions exist. This requirement shall be subject to further review at the time of platting for each phase. Back-out parking from multi-family housing onto the private street system serving Phase IV is not permitted and no parking shall be allowed along the road connection between Barwick and the loop road. 10. Utility system section to be amended to include language that accelerated "looping" connections or increased sizing may be required by the Fire and/or Utility Departments if warranted for water pressure, system reliability or fire suppressibn. The Pulte Development Master Plan gives the City an excellent framework in which to continue processing and development of the proposed Villages of Barwick project. The developer has been very cooperative and the existence of a narrative report prepared by the applicant as part of the Master Plan is a significant "first" in project processing. Recommend approval of the Master Site Plan submitted by Pulte Housing Corporation for Villages of Barwick consisting of the Master Plan MaP; Master Plan Narrative, Planning & Zoning Board recommendation of April 18th, including grant of a waiver to Section 24-31 to allow provision of sidewalks on one side of the private street system, to allow payment of processing fees as outlined in the "plattinq fee schedule" as recommended by staff, and that approval of this Master Site Plan should be valid for a period of 18 months or until the preliminary plat is approved whichever occurs first. - 9 - AGENDA REPORT Meeting of April 26, 1988 Item No. 28 Modification of Public Hearing Schedule and in Procedures for Annexation, Rezoning and Land Use Amendments. This item follows our April 17th Goal Setting Workshop. A decision was made to move Public Hearings on Ordinances from the Second Reading to the First Reading. In addition, the process of adopting Ordinances relating to annexation and rezonings was discussed. Planning & Zoning Board recommendations to the City Commission are proposed to be heard initially as action items following Planning & Zoning Board recommendation. Following a presentation to the City Commission, approval would include direction to draft an Ordinance for implementation of the annexation, land use plan amendment, or rezoning requested. The impact of these changes will allow more deliberation by the City Commission of action items recommended and, following a decision to pursue the recommendation, will allow earlier public comment. Generally speaking, the change will add two weeks to zoning, land use amendment, and annexation requests however applicants will know the public sentiment and Commission intent at about the same time frame. Placing a Public Hearing at First Reading rather than having a Public Hearing at Second Reading should be reviewed by the City Attorney to determine whether any ordinance change is required. Recommend approval of modified Commission procedures in the adoption of annexations, rezonings, and land use plan amendments and placement of Public Hearings at First Reading rather than at Second Reading of Ordinances scheduled for adoption. CONSENT AGENDA Item No. 29 Request for Variance to Allow a Boat Dock. The owner of property at Lot 352, southside of cul-de-sac, Hyacinth Drive in the Tropic Isle subdivision has requested a variance to allow construction of a boat dock within 25 feet of an adjacent property line. The affected adjacent property owner has been informed by certified letter that the variance request has been made. No objection has been recorded to the request. Engineering has reviewed the variance request and determined that no public safety issues are involved. Because the lot in question has a greater than 100 foot frontage on the water, a 25 foot dock setback is required rather than the normal 10 feet. The owner seeks to extend the dock to within 21 feet of his east property line in order to accommodate other amenities on his property. Recommend approval of the feet of property adjacent southside of cul-de-sac in Variance to construct a to the east side of Tropic Isle. boat dock within 21 Hyacinth Drive at Item No. 30 Approval of Delray Beach Human Relations Committees Rules of Procedure. The Delray Beach Human Relations Committee at a special meeting held on February 16th unanimously adopted new Rules of Procedure. These rules include procedures to fill vacancies in the committee chair role and establish attendance criteria, among other things. Recommend approval of Rules of Procedure for the Delray Beach Human Relations Committee as submitted. Item No. 31 Appointment of Downtown Development Authority Member. A recent resignation from the Downtown Development Authority has created a vacancy on that board. The Downtown Development Authority proposes the vacancy be filled from two names submitted: Bruce Gimmy, owner Trousers Shop at 439 E. Atlantic Avenue; Carl Carter, Optometrist, 204 E. Atlantic Avenue. - 10 - AGENDA REPORT Meeting of April 26, 1988 Recommend approval of appointment of one member to the Downtown Development Authority. Item No. 32 (Resolution No. 25-88) Authorizing First Supplement Trust Indenture between the Southern Trust Company. This relates to a 1985 Bond and changes the methods used to amortized This is between the lender and borrower only needed. the execution of a City and citizens in Industrial Development the outstanding debit. and no City support is Recommend approval of Resolution No. 25-88. Item No. 33 Community School Agreement. Renewal of the Plumosa Park Community School agreement was approved by the City Commission on February 24, 1987. The agreement was forwarded to the Palm Beach County School Board in March of that year. Apparently the agreement was never executed by the School Board and their Property Manager has requested that the agreement be re-executed formally by the City. Recommend approval of an addendum to an agreement between the School Board of Palm Beach County and the City of Delray Beach for operation of a "Community School Program" at Plumosa Park Elementary School. Item No. 34 Payment Request No. 1 Regional Wastewater Treatment Plant Air Scrubber Improvements. The board of the South County Regional Wastewater Treatment Plant approved the installation of additional air scrubbers and this was subsequently approved for funding by the City of Delray Beach. The first invoice is now before us for payment to the contractor. The City is responsible for 50% of the funding for this improvement. Recommend approval of payment request No. 1 in the amount of $12,125 payable to Q & Q Incorporated for installation or air scrubbers at the Regional Wastewater Treatment Plant. Item No. 35 Final Payment Request Golf Course Well Drilling Project. Well drilling has been completed in the Golf Course series of wellfields. Contractor is requesting final payment for work completed and reimbursement of the retainage we have been hOlding. Russell and Axon, the consulting engineers have approved this request which totals $106,318. The total contract for the Golf Course well installation amounted to $353,651. Recommend a roval of final a ent and reimbursement of retaina e to Youngquist Brothers Inc. in the amount of 106,318. Item No. 36 Approval of Hire a Youth and Summer Code Enforcement Programs. The City Commission has established a program to hire 12 Delray Beach youth between the ages of 18 and 21 for approximately nine weeks during the summer. Additionally, a Summer Code Enforcement Program involving two school teachers for a nine week period has also been in placed. We propose to implement these programs once again in 1988. The Hire a Youth work week is typically less than 40 hours and the average hourly rate will be between $4.00 and $4.50 per hour. This is a program for Delray Beach residents only with pre-screening conducted by the Florida Job Service. The Summer Code Enforcement Program provides nine weeks of employment to school teachers at $9.00 per hour. The two programs will cost approximately $25,000. Funding is available from the Contingency Reserve for unallocated salary adjustments. Recommend approval of the 1988 Hire A Youth Program and the 1988 Summer Code Enforcement Program. - 11 - AGENDA REPORT Meeting of April 26, 1988 Item No. 37 Approval of the 1988 PIC (Private Industry Council) Youth Employment and Training Program. The Palm Beach County Private Industry Council (PIC) provides job opportunities for youth, familiarizing them with the jOb market and developing skills. The program provides meaningful employment experiences beneficial both to the City and participants during the eight weeks the program runs. Twelve spots have been allocated for the City. The participants range in age from 16 to 21 years with compensation being provided directly by the Private Industry Council to participants. No funding from the City will be required. Recommend approval of Youth Employment and Industry Council (PIC). participation by Training Program the City in the 1988 Summer sponsored by the Private Item No. 38 Award of Bid for Water and Sewer Improvements to Onontario of Palm Beach, Inc $142,479.92. This is a bid award for three projects in the Water and Sewer system. The projects include Allen Avenue water improvements; West Atlantic water and sewer improvements; and a 12" water main tie-in along north Federal Highway. This item would normally have been under Bids and Awards, but award of the contract requires a decision regarding funding source. The Allen Avenue water main project is expected to produce approximately $38,000 in connection fees against a $63,329.50 expense. The North Federal water main tie-in is part of an overall program to strengthen our water network and is funded totally from reserves allocated for that purpose. The West Atlantic project will initially produce approximately $10,000 in connection fees against a $45,202.42 project cost. Additional connections however to the project from a planned development adjacent to Sherwood Golf Club will produce approximately $35,000 in connection fees and offset the balance of the project. Additional staff analysis for proper allocation of costs for the Allen Avenue project is required to assure equitable treatment for residents and non-residents alike. I propose therefore that the bid be awarded and that construction begin on the North Federal and West Atlantic portions. Prior to issuing a Notice to Proceed for the Allen Avenue section however, an equitable policy for service extension cost recovery needs to be developed. This will be done well within the 30 or 45 day time frame during which the North Federal portion of the project will be underway and so no delay need be experienced. Recommend approval of a bid On ontario of Palm Beach, Inc. funding from Water and Sewer proposed policy to assess expansions for presentation to award in the amount of $142,479.92 to for water and sewer improvements with Reserves, and that staff develop a charges for water and sewer system the City Commission. Item No. 39 Interlocal Agreement/Line of Credit Between the City and Community Redevelopment Agency (CRA). At their meeting of April 20th, the Board of the Community Redevelopment Agency approved an Interlocal Agreement for establishment of a Line of Credit for up to $2.2 million dollars with the City. Details of the Agreement are contained in a memo enclosed in your agenda packet. The purpose of the establishment of a line of credit with the Agency is several fold including: (1) refinance of the original obligation for the purchase of Courthouse property, (2) purchase of the balance of property needed for the Courthouse project, (3) and to finance cost of the Downtown Beautification Project. The Agreement also allows additional CRA borrowing provided certain conditions are met. A detailed explanation of these conditions are contained in your packet. - 12 - AGENDA REPORT Meeting of April 26, 1988 Recommend approval of an Interlocal Agreement for a line of credit between the Community Redevelopment Agency and the City of Delray Beach including conditions for additional borrowing. Item No. 40 Grant Application Proposal. Florida Department of Transportation has established a program whereby they will participate in funding beautification along I-95 interchanges and overpasses. The DOT may fund up to $500,000 for additional landscaping for interchanges at Atlantic Avenue, Linton Boulevard,and the overpasses at Lake Ida Road and S. W. 10th Street. A fee proposal of approximately $13,000 is proposed by H. Kurt Kettlehut & Associates to prepare a set of preliminary landscape plans together with a plant list and cost estimate. Funding will come from the Beautification Trust. Recommend approval of a fee Kurt Kettlehut & Associates to for beautification funding. proposal not to exceed $13,000 from H. prepare a grant proposal to Florida DOT Item No. 41 Bids and Awards. 1. Snap-Tite Hose Inc. $20,825 for Dura-Light Fire Hose purchased off the Dade County competitive bid . 2. Frank Fidler/James Brown three properties. $40,250 for rehabilitation to 3. First construction of Palm Beach - $19,930 for rehabilitation of one property. - 13 - DISCUSSION SHEET COMPARATIVE COSTS SCENARIOS ASSUMPTIONS: Miramar Site Andrews Site LAND COSTS * station site * 44 space lot * 88 space lot -o- n/a n/a $155,000 added 269,700 348,750 DEVELOPMENT COSTS * station & grounds * 44 space lot * 88 space lot $639,000 n/a n/a $703,000 88,000 176,000 ++ ASSESTS: * land value $450,000 exist fs exist pk $ 77,500 132,500 REVENUES: k advalorum @ sale * advalorum @ dev. * parking meters $ 1,890/yr 15,750 n/a n/a $1.00/day/meter ------------------------------------------------------------ SCENARIO "A" (P&Z RECOMMENDATION) (Miramar station, maximum parking @ Andrews) * station construction * parking lot @ Andrews * increased land area $639,000 -0- O.P. cost -0- swap * increased parking meter revenue $ 22,620/yr SCENARIO "B" (Sale @ Miramar, station @ Andrews, no parking) * station construction * additional land * sell existing lot (value) * sell Miramar site $703,000 ++ 155,000 (132,500) (450,000) * loss of parking meter revenue * ad valorum revenue, undeve. developed $275,000 ++ $ 9,200/yr 1,890/yr 15,750/yr $ 6,550 -------------- SCENARIO "c" (Sale @ Miramar, station @ Andrews, 60 spaces) * station construction * fire station land purchase * parking lot land purchase * parking lot construction * sell Miramar site * sell City Andrews property $703,000 232,500 236,250 120,000 (450,000) (210,000) * increased parking revenue * ad valorum revenue, undev. * developed $631,750 $ 12,400/yr 1,890/yr 15,750 $ 28,150 DISCUSSION SHEET COMPARATIVE COSTS SCENARIOS ASSUMPTIONS: Miramar Site Andrews Site LAND COSTS * station site * 44 space lot * 88 space lot -o- n/a n/a $155,000 added 269,700 348,750 DEVELOPMENT COSTS * station & grounds * 44 space lot * 88 space lot $639,000 n/a n/a $703,000 ++ 88,000 176,000 ASSESTS: * land value $450,000 exist fs exist pk $ 77,500 132,500 REVENUES: k advalorum @ sale * advalorum @ dev. * parking meters $ 1,890/yr 15,750 n/a n/a $1.00/day/meter SCENARIO "A" (P&Z RECOMMENDATION) * station construction * parking lot @ Andrews * increased land area (Miramar station, maximum parking @ Andrews)" . j J ~9,~~~::? c!~oWt~~'~_~ -0- swap * increased parking meter revenue $ 22,620/yr SCENARIO "B" (Sale @ Miramar, station @ Andrews, no parkinq) * station construction * additional land * sell existing lot (value) * sell Miramar site ++ * loss of parking meter revenue * ad valorum revenue, undeve. developed 6,550 SCENARIO "c" (Sale @ Miramar, station @ Andrews, * station construction * fire station land purchase * parking lot land purchase * parking lot construction * sell Miramar site * sell City Andrews property $703,000 232,500 236,250 120,000 (450,000) (210,000) 60 spaces) / * increased parking revenue * ad valorum revenue, undev. developed * $631,750 $ 12,40 r 1,890/yr 15,750 ~.. ..-----. --> ) I $ 28,150 ~--<r ...; ~ k'.."" '\I '" ......;-~"......~ 1 -.,......- ORDINANCE NO, 11-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 39. LAKE SHORE ESTATES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25. PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY: SAID LAND IS LOCATED, AT THE SOUTHEAST CORNER OF N,W, 22ND STREET AND N,W, 2ND AVENUE: REDEFINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO R-IAA (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATJ:i:, WHF.R~~AS, t,he Legislatnre of t,he :=,t,at,e of Florida pas;",ed the Del ray Beach Enclave Act. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general bonndarIef; of t.he Cit.y of Delray Beach: and. WHEREAS. pllrsuant. t.o t"he Delray Bei'lch F.nclave Act.. t,)',e Cit,y of nelr:'lY Be a eI', called for a referendnm of t.hoo,e qllalified electors within the City of Delr:'lY Beach and the enclaves that wOlllrl be subject. t.o annexi'lt.ion under t,he Act.. wi,th o,aid referen- dlHfJ h~ld on Nov~rnber 4. 18f3P" in con.iunct,lnn wi.th .:t~eneral election for Palm Beach COllnty, Florida: and, WHERF.AS. the referenrlum held on November 4. 1986. was approverl bv a sin~le majority vote of said qnslified electors: and. WHERF.AS. the CIty of Delray Beach' hi'ls prepared an Encli'lve Report outlining the City's plan for Implementation of the Del ray Beach Enclave Act. which identifIes sixty-five (65) enclaves elIgIble for annexation pnrsuant t.o the Act: and. WHF.REAS. the ~ity of Ru~horjzAd to annex lands i_n Enc I a ve Act.. n~lr~y R~~ch ha~ heretofore accordance with the Delray been Beac h NOW. THEREFORF.. BE IT ORDAINED BY THF. CITY COUN~tL OF THF. CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Section 1, That the Cit.y Council Beach. Palm Beach Connty. Florida. hereby the followIng described land locat.ed in Florida. whIch lIes contiguous to said City of the City of Delray annexes to said City Palm Beach County. to-wit: Lot 39. LAKE SHORE F.STATES. accordIng to Pl:'lt thereof recorded in Plat Book 25. 26, of the Public Records of Palm Count.y. Florida. t,he Page Beach The subject property is locat.ed at the sontheast corner of N,W. 22nd Street and N.W. 2nd Avenue. The i'lbove descrIbed parcel contains a 0.38 acre parcel of land, more or l.ess. -5 -" Sf'GJ..i"QJL.2.c, 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 Cit,y of Delray Beach. Florida. ::;'f'ctiQ!L,lc. That Section :jO-~;3 of t.he Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described 15 hereby rteclared to be In ZonIng District R-IAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. ;".e<7,t.iQQ A_. That the land herel nabove rtescribed shall Immediately become sllb,iect to all of t,he 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. S~.t...i.c:ill.~5" That t,hl,s annexation of t,he subject. proper- ty. Including adjacent. roads. alleYE'. or the lIke. if any. shall not be deemed acceptance by t.he City of any maintenance responsi- bilI ty for such roads. alleys. or the 11 ke, unless otherwise specifically inItiated by the CIty pursuant to current require- ments and condItions. S~~!JlQ~-B~_ That all ordinances or parts of ordinances In conflIct herewith be. and,the same are hereby repealed. S..,.&ti.Qn,3~_ That, should any section or provisi,on of tohis 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 valirtity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SftG,ti.QJL!L That this ordinance shall become effective Immediately npon passage on second and final reading. PASSED AND ADOPTED in final reading on this the r.,gular session day of on second and 1988. MAY 0 R ATTEST: City Clerk Flr;-,t Read] ng ~::,econd Read i n~ - 2 - Ord. No. 11-88 ORDINANCE NO. 14-88 AN ORDINANCE OF THE CITY COUNCIL OF THF. CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BF.ACH LOT 1. LAKE SHORE EST ATES. AND LOT "A". LAKE SHORE ESTATES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25. PAGE 26. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF N.W. 22ND STREET AND LAKE DRIVE. AND ON THE WEST SIDE OF THE INTERSECTION OF N,W. 22ND STREET AND LAKE DRIVE; 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 R-IAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. WHERF.AS. pursuant to the Delray Beach Enclave Act. the CIty of Delray Beach called for a referendnm of those qnalifIed electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with saId referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach County. Florida: and. WHEREAS. the rererendum held on November 4. 1986. was approved by a single majority vote of said qualified electors: and. WHEREAS. t,he City of Delray Reach has prepared an Enclave Report outJj,ning the City's plan for implement.at.Ion of the Delray Beach Enclave Act. which identifIes sixty-five (65) enclaves eligible for annexatIon pursuant to the Act: and. WHEREAS, the City of authorized to annex lands in B~nclave Act, Delray Bea,~h has heret,ofore accordance with the Delray been Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: :;!.f:Dti!2.D,J,-._ That the City CounciJ Beach. Palm Beach Connty. Florida. hereby the follOWing described land located in Florida. which lies contiguous to said City of the City of Delray annexes to said City Pa 1m Beach Count.y, to-wi t: Lot 1. LAKE SHORE ESTATES, according to Plat thereof recorded in Plat Book 25. 26. or the Public Records of Palm County. Florida. t.he Page Beach The subject property is located at southwest corner of the intersection of 22nd Street and Lake Drive, the N. W, The above-described parcel contains a 0.73 acre parcel of land. more or less, G:, TOGETHER WITH Lot "A", LAKE SHORE F.STATES. according to the Plat thereof recorded In Plat Book 25. Page 26. of the PublIc Records of Palm Beach County. Florida. The subject property is side of the intersection and Lake Drive, l00at~d on the west of N.W. 22nd Street The above-descri,bed acre parcel of land. parce.! (lont.ains more or. less. a 0.27 Section 2. That the Bonndaries of the City of Delray Reach. Florida. are hereby redefined to inclnde therein the above-described tract of land and said land is hereby declared to be wIthin t.he corporate limit.s of the Cit,y of Delray Beach. Florida. SeQtiQD-~ That SectIon 30-23 of the Zoning Code has been followed in t.he estab'lishment of a zoning classification in this ordInanne and the tract of land hereinabove described is hereby declared to be in Zoning DIstrict R-IAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida, :3B-,;~:ti.Q1L4.. That the land hereinabove described shall immediately become subject to a.!l of the franchises. privileges. immunIties. debts. obligations. liabilities, ordinances and laws to whi.ch lands in the City of Delray Beach are now or may be subject,ed and persons resIding thereon shall be deemed citizens of the City of Delray Beach. s~~tiQn~fL That thi.s annexat,i on of t.he subject. proper- ty. including adjacent roans. alleys. or t,he lIke, i,f any. shall not be deemed accept.ance by the City of any mai nt.enance responsI- bIlIty for such roads. alleys. or the lIke. unless otherwise specifically initiated by the City pnrsnant to current reqnIre- ments and conditions. S~ction~6,. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed, ::?_~,c~_t.j.Qn....7_-, That should Bny sect.ion or provtsion 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, :7!~_Gtj,_(ln ..E, 'rhF::lt t,hj~: ordinance ::.h1i.1.1 becc)rne effective immArli_ntAly l)pOn p8g~age on second Bnd ftnF::ll reAding, PASSED AND ADOPTED in final reading on thIs the.~_._ regular see.s:lon day of on second and __' 1988. MAY 0 R ATTEST: City Clerk Firs t> Read i ng ___,,______._________ Second Reading ,___________.,.. .. 2 - Ord. No. 14-88 ORDINANCE NO. 15-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 19. LAKE SHORE ESTATES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25. PAGE 26. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED SOUTH OF N,W. 22ND STREET. ON THE EAST SIDE OF THE CUL-DE-SAC AT THE END OF N,W, 4TH AVENUE: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THF. RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-IAA (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. the LeKislature of the State of Florida passed the Delrav Beach Enclave Act. Chapter 86-427. Laws of Florida. providinK for the annexation of enclaves within the general boundarIes of the CIty of Delray Beach; and. WHEREAS. pursuant t,o t,he Delrav Beach Enclave Act. the City of Delrav Beach called for a referendum of those qualified electors wIthin the Citv of Delrav Beach and the enclaves that would be subject to annexation under the Act, with said referendum held on November 4. 1986. in conjunction with a general election for Palm Beach Connty. Florida: and. WHEREAS. the referendum held on November 4. 1986. was approved by a sin~le majoritv vote of said qualified electors: and. WHF.REAS. the CIty of Delray 8each has prepared an Enclave Report outlining the CIty's plan for Implementation of t.he Delray Beach Enclave Act,. which identifies slxt,y-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS, the City of anthorized to annex lands in Enclave Act., Delray Beach has heretofore accordance with the Delray been Beach NOW. THEREFORF., BE IT ORDAINED BY THE CITY COUNCIL OF THF. CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS; Sectjon 1. That the City Conncil Beach. Palm Beach Countv. Florida, hereby the following descrIbed land located in Florida. which lies contiguous to saId City of the City of Delray annexes to said (:i~y Palm Beach County. to-wi t; Lot 19. LAKE SHORE ESTATES. according to Plat thereof recorded in Plat Book 25. 26. of the Public Records of Palm County. FlorIda. t.he Page Beach The subject property is located south of N.W. 22nd Street. on the east side of the cul-de-sac at the end of N,W. 4th Avenue. The above described parcel contains a 0,45 acre parcel of land. more or less. 7 ---- -.--::-::;-:----. ---D I: I SEoctiQn2. That the Boundarie:", of t,he Ci ty 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. S..f.!.G.t.iDR,3.~_ That Section 30-23 of t.he 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 R-IAA (Single Family Dwelling) as defined by exIsting ordInances of the City of nelray Beach. Florida, Se,.-;tlon", 4,., That. the land herein.sbove described shall immediately become subject to all of the franchi,ses, privi,leges. 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. Sect,i()n_5~. That. t,hi,,,, annexat,ion of t,he sllb,iect, proper- t,y. inclllding adjacent roads. alley:"" or t,he like. if any, shall not he deemed acceptance by the City of any maintenance responsi- bility for sllch roads, alleys. or the lIke. llnless ot,herwise !':pecifically init.i,at,ed by the Cit.y pursuant to Cllrrent. require- ments and conditions. :~e'-;,t,j[ln 6., That. all ordinances or p.3rt.s {)f ordinances in conflict herewith be. and the same are herehy repealed. Sect,lD.!l 7. That s hou Id any secti on or provis ion of t,his ordinance or any portion thereof. any paragraph. sent.ence. or word be declared by a Court of competent jnrisdictIon to be invalid. such decIsion shall not affect the validIty of the remainder hereof as a whole or part t.hereof other than t.he part declared to he invalid. Section_B.. That this ordInance shall become effective immedIately upon passage on second and final reading. PASSED AND ADOPTED in fInal reading on this the reg"ulAl' ~As5ion d.sy of on s~cond .<:t.nd 1988, MAY 0 R ATTEST: City Clerk First Reading Second Readinp': - 2 - Ord. No. 15-88 .1 !I II il I' \1 :I I I ORDINANCE NO. 16-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 5. LAKE SHORE ESTATES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY: SAID LAND IS LOCATED ON THE WEST SIDE OF THE CUL-DE-SAC AT THE SOUTH END OF LAKE DRIVE; 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 R-IAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVID- ING A SAVING CLAUSE: PROVIDING AN EFFECTIVF. DATE. I I II WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida. providIng for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. WHEREAS. pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified elect.ors wi t.hi,n t.he Ci t.y of Delray Beach and the enclaves that would be subject to annexation under t.he Act., with said referen- dum held on November 4, 1986. in conjunction with a general elect.Ion for Palm Beach County. Florida; and. WHEREAS. the referendum held on November 4, 1986. was approved by a single majority vot,e of said qualified elect.ors: and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifIes sixty-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS. the City of authorized to annex lands in Enclave Act.. Delray Beach has heretofore been accordance with the Delray Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: SftC,t,iorLL 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 Cit.y Palm Beach County. t,o-wit: Lot. 5. LAKE SHORE ESTATES. according to Plat thereof recorded in Plat Book 25. 26. of the Public Records of Palm Count.y. FlorIda. t.he Page Beach The snbject propert.y is located on the west side of the cul-de-sac at the south end of [,ake Dr i ve. The above described parcel contains a 0.79 acre parcel of land. more or less. r s..e.~tl.Q1LL That. the BoundarIes of t.he City of De lray 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. Sectjon~ 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 R-1AA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. aec~iQD_A~ 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. il ,I il I! I' i I, 'I S_eQ..:tiQn_5_~ That th,is annexation of the subject proper- ty, including adjacent roads, alleys, or the like. if any. shall not be deemed acceptance by the Cit.y of any maintenance responsi- bility for such roads. alleys. or t.he like. unless otherwise speCifically initiated by the City pursuant to current require- ments and conditions. S,e~t_iOll--BJ_ That all ordInances or part.s of ordinances i, n conf 1 j ct. herewith be, and t.he same are hereby repealed. Ii j' [I I I' II 'I 'I I, I II II 'I I[ il 'i Ii 'i I II il Ii Ii Ii II Ii i! 'I Ii II , Ii :! :"ce<,t.i.o.n.....L_ That should any sect.i.on or provi.s i.on of this ordi.nance or any portIon thereof. any paragraph. sentence. or word he declared by a Court of competent jurisdiction to be invalId, such decisi.on shall not. affect. t.he vali.di.ty of the remai.nder hereof as a whole or part thereof other than the part declared to be invalid. 5.e.!::.t.LQllJL.. That this ordi.nance shall become effective immediately upon passage on second and final readi.ng. PASSED AND ADOPTED in final reading on this the ______ regular session on second and day of_____,____________, 1988. --~------------"._-_.- MAYOR ATTEST: -~----_.._-~------------- C1t.y Clerk First Reading Second Reading " , 'I I II 'I :! q I - 2 - Ord. No. 16-88 - -- ----- ORDINANCE NO. 17-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 15, LAKE SHORE ESTATES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25. PAGE 26. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. AND LOT 2, SECOND ADDITION TO HIGH ACRES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 37. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED ON THE WEST SIDE OF THE CUL-DE-SAC AT THE SOUTH END OF N.W. 4TH AVENUE. AND ON THE NORTH SIDE OF N.W. 18TH STREET. BETWEEN N.W. 4TH AVENUE AND LAKE DRIVE; 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 R-1AA (SINGLE FAMILY DWELLINGl DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. " I' I! ,I II :1 II Ii Ii q II Ii II il WHEREAS, pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4. 1986, in conjunction with a general election for Palm Beach County. Florida: and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors: and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of t.he Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; anP. WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act.. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEI,RA Y BEACH. FLOR IDA. AS FOLLOWS; Sec:U,;u:L_L, 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, t,o-wit: Lot 15. LAKE SHORE ESTATES. according to Plat thereof recorded in Plat Book 25. 26. of the Public Records of Palm Count.y. Florida. the Page Beach q The subject property is side of the cul-de-sac N.W, 4th Avenue. located on the west at the south end of The above-described acre parcel of land. parcel contains more or less, a 0.54 TOGETHER WITH Lot 2, SECOND ADDITION TO HIGH ACRES. according to the Plat thereof recorded in Plat Book 23. Page 37, of the Public Records of Palm Beach County. Florida, The subject property is located on the north side of N.W. 18th Street. between N.W. 4th Avenue and Lake Drive, The above-described acre parcel of land. parcel contains more or less. a 0.31 ii""cct.LQIL2L That the Boundaries of the City of Delray Beach. Florida. are hereby redefined to include therein the above-described tracts of land and saId land is hereby declared to be wIthin the corporate limits of the City of Delray Beach. Florida. f,-~Qt,t<:m,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 R-1AA (Single Family Dwellingl as defined by existIng ordinances of the City of De1ray Beach, Florida. ~~Lc,ti.onn,~L That the land herei nabove 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. Sf'ctJ,pn 5._ That this annexation of t.he subject. proper- ty. inclnding 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 pnrsuant to current require- ments and conditions. S...e-,~t..iQ(L_EL_ That. all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section ,7 _ That should any section or provi s ion of this ordinance or any port.ion 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. Seccti.QJ'l.!L That t,his ordinance shall become effect.ive immedIately upon passage on second and final reading. - 2 - Ord. No. 17-88 PASSED AND ADOPTED in final reading on thi3 the ______ regular session on second and d.3.Y of ,______________. 1988. MAY 0 R ATTEST: City Clerk First. Reading Second Rellding - 3 - Ord. No. 17-88 I 1 ORDINANCE NO. 18-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS- TRATION", ARTICLE I, "IN GENERAL" OF THE CODE OF ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 2-1.5, "MUNICIPAL DEPARTMENTS ENUMERATED", BY ENACTING .1>,. NEW SECTION 2-1.5, "MUNICIPAL DEPARTMENTS", TO PROVIDE THAT MUNICIPAL DEPARTMENTS SHALL BE AS DESIGNATED BY THE CITY MANAGER; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING AND EFFEC- TIVE DATE. 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 I, "In General", Section 2-1.5, "Municipal Departments Enumerated", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed. Section 2. That Chapter 2, "Administration", Article I, "In General" is hereby amended by enacting a new Section 2-1.5, "Municipal Departments", to read as follows: Sec. 2-1.5. Municipal Departments. The municipal departments of the City shall be as designated by the City Manager in such numbers and organizations deemed necessary to carry out the powers and duties of the office of City Manager enumerated in Section 4.04-4.06. 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1988. MAYOR ATTEST: City Clerk First Reading Second Reading 10 -S\~ '9.t:\"-'\1lD~~~\rS' - - HH:R HU!iE ' -"~ ....---------- ,~ .........____....__~!!m________m." tv N". I ; ~ , ,:. LOTS ~ ~ " " : .1}-~}T::0:i::. ~ . ~. ___, HJTa . " ~ ==', \) II!!) fl7ZRffIC fIV9I..E ~\\a~ Y\l'I.\t,~,~ '1'.01" A'~ \~ ~E \) fo9- \>"~\L \ N b ~~, \.-O""tS 'b ,c., ~ b f\~c \,l~bu fo~ \:\01E L 6 ~p I\tUSlo ~ I :,:;;;. ." .....~............".. .'.-; . -:.; " .1:".:::.... _,-." .'. . ~ ....... .:-~ :" ..,.... .... ........:....-... C\-'llb~ LI.J>>~'~ , ~ \"C'1 II" ~ "- \~ ut~ E'\) fc<:;2. p\ R\:: slA1loIV ~N\J ~~{4(I~b HH:R 1QEE ,~ ----------- ." ~ LOT II -.l, : ' r..."."....'''.''...''. tv ." l' { ~ .. . LOTS ,...... I ...........~ f ~ }. .~;:;;. T...... -;;;; ~........ i ;, --,.------- ~ Ii ~ . --_I H>>&. (, ,: cuwrNO RIR...J ;::! 1O..D7IY r/tN 'V ~ II - I b fl7l.IIff/C fIVEN.E .. ""' \D1.'S, 1>. c. I S;,"t ~t rC>Q.. tOl"fiL t1-P~ lOll r I . ~. L....t" 1\Jt L' 'l.i:'bf ~ Ll ~W I / I l-: \ I / ~ \. !' !( _. ' I I ~.', \~/ I, .. '\. I " " ~~ -, ~ ~ -.!~ ~~ .~'''' ~~Il . . . . 1\ -Ib ~ ORDINANCE NO. 19-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHEN- SIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 16. TOWNSHIP 46 SOUTH. RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA. LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET. IF EXTENDED EASTWARD. BETWEEN STATE ROAD NO. AlA AND ANDREWS AVENUE. FROM MF-15 (MULTIPLE FAMILY - 15 UNITS/ACRE). IN PART. AND P (PUBLIC). IN PART. TO C (COMMERCIAL); AMENDING THE LAND USE PLAN; 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: aection 1. That the legal description of the subject property is as follows: See Exhibit" A" att.ached hereto and made a part hereof. Section 2. That the Land Use Plan designation of the subject property in the Comprehensive Plan is hereby changed to C (Commercial) . Section 3. That the Planning Director of Delray Beach shall. upon the effective date of this change the Land Use Plan of Delray Beach. Florida. with the provisions hereof. the City of ordinance. to conform Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or prOV1S 10n 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 6. 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 ____ 1\ Second Reading EXHIBIT ~"- PARCEL B: Commencing at the intersection of the center lIne of Atlantic Avenue and the East right-of-way line of Andrews Avenue extended; , thence Northerly with said East right-of-w~y line 341.04 feet to the Point of Beginning of said Parcel B; thence continuing along said East right-of-way line 213.79 feet: thence with an interior angle to the left of 89 degrees 47' 30". 458.87 feet Easterly to the West right-of-way line of Ocean Boulevard (S.R, AlA): thence with an interior angle to the left of 81 degrees 18' 07". 216.28 feet Southwesterly along said West right-of-way line; thence with an interior angle to the left of 98 degrees 41' 53". 425.38 feet to the Point of Beginning (containing 2.17 acres. more or less); TOGETHER WITH PARCEL C: Commencing at the intersection of the center line of Atlantic Avenue and the East right-of-way line of Andrews Avenue extended: thence Northerly with said East right-of-way line 291.04 feet; thence with an interior angle to the left of 89 degrees 47' 30", 155.00 feet Easterly to the Point of Beginning; thence continuing Easterly 262,55 feet to the West right-of-way line of Ocean Boulevard (S.R. AlA); thence with an interior angle to the right of 98 degrees 41' 53", 50.58 feet Northeasterly to the South line of the aforementioned Parcel B; thence with an interior angle to the right of 81 degrees 18' 07", 270.38 feet Westerly along the South line of Parcel B; thence with an interior angle to the right of 89 degrees 47' 30", 50.00 feet Southerly to the Point of Beginning (containing 0.306 acres, more or less); TOGETHER WITH PARCF.!, D; Commencing at the intersection of the center line of Atlantic Avenue and the East right-of-way line of Andrews Avenue extended; thence with said East right-of-way line Northerly 291.04 feet to the PoInt of Beginning of Parcel D; thence continuIng along said East right-of-way line Northerly 50.00 feet: thence with an interior angle to the left of 89 degrees 47' 39", 155,00 feet Easterly to the West line of Parcel C: thence with an interior angle to the left of 90 degrees 12 '30", 50.00 feet Southerly: thence with an interior angle to the left of 89 del'1:rees 47' 30". 155.00 feet Westerly to the Point of Beginning (containing 0,178 acres. more or less). I DEPART~ ':NTAL CORRESPONDENCE ~,C)'.,1 Wal~ Barry, tit~ ~anager ~ CL ~ -.:J -\Lcvvl David J. Kovacs, Director? Department of Planning and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 ORDINANCE 19-88 L.U.P. AMENDMENT (OCEAN PROPERTIES) TC) ;U2,.;:::CI 4-20-88 ITEM BEFORE THE COMMISSION: The action before the Commission is that determination as to whether Ordinance 19-88 which Use Plan by changing designation on a portion of by Ocean Properties from MF-15 to C and on City from P to C is a "local" amendment or one which review. of making a amends the Land property owned owned property requires State A Land Use Plan Amendment requires two public hearings before the municipality's governing body. Thus, a public hearing has been advertised and is to be held at this time. BACKGROUND: Accommodating the requesre~ Land Use Plan Amendment is a prerequisite step necessary to consummating rezoning actions associated with expansion of the Camino Real (Holiday Inn) hotel. This proposed amendment has been privately initiated by Ocean Properties. The City has consented to including its holdings in the proposed amendment. The proposed amendment does not include the northerly 58' of the Ocean Properties holdings. That area will remain MF-15 on the Land Use Plan. As such, it can be zoned to the C.F. district to accommodate a public parking facility. Inclusion of that 58' area (without reduction of area elsewhere in the amendment) would necessitate not only readvertising but also processing of the amendment through the complete State process in that it will exceed three acres. As proposed, the Ocean Properties holdings comprise 2.14 acres (under consideration in the amendment) and,the City holdings comprise 0.48 acres for a total of 2.62 acres. Thus, the proposed amendment is below the 3.0 acre threshold which requires State review. Further background information has been provided to the Commission as a part of its April 19th work session packet. The requested amendment is Redevelopment Plan. consistent with the Community T"'F E;'FORT AL':';p,y; M .', I ) TO: Walter o. L_Lry, City Manager RE~ City Commission Documentation Regular Meeting of April 26. 1988 Ordinance 19-88 L.U.P. Amendment (Ocean Properties) Page 2 Planninq and Zoninq held on April 11, forwarded this item Board recommendation: 1988, the Planning with a recommendation At a special meeting and Zoning Board has of approval. ALTERNATIVE ACTIONS: 1. Deny the requested amendment. This action would terminate consideration of LC rezoning requests which are being processed concurrently. It would also be contrary to previous agreements between Ocean Properties and the City relative to a land exchange which contemplated expansion of the hotel. 2. Find that the proposed amendment is a local action and direct that a second public hearing be noticed. 3 . Determine that the north 58' of holdings should be considered terminate consideration of this chat reprocessing to that effect the Ocean Properties for commercial use; request; and, direct begin. RECOMMENDED ACTION: By motion, find that that it involves a three acres of land noticed for May 10, the proposed amendment is a local action in nonresidential use encompassing less than and direct that a second public hearing be 1988. ref:DK#18/A:cclupop ORDINANCE NO. 20-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15(MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT LOTS 1 AND 2. BLOCK "D". JOHN B. REID'S VILLAGE, 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 21. PAGE 95. SAID LAND IS LOCATED AT THE SOUTH- EAST CORNER OF MIRAMAR DRIVE AND VENETIAN DRIVE, AND AMENDING "ZONING MAP OF DELRAY BEACH. FLORIDA. 1983": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Section 1 That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities I District as defined in Chapter 30 of the Code of Ordinances of the City of Delray Beach, Flori- da. to-wit: Lots 1 and 2. Block "D". ,JOHN B. REID'S VILLAGE, Delray Beach. Florida. 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 21. Page 95. The subject property is locat,ed at the southeast corner of Miramar Drive and Vene- tian Drive, Delray Beach, Florida. The above-described parcel contains a 1.04 acre parcel of land, more or less. SectIon 2. That shall. upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof. the Planning Director of said City date of this ordinance, change the Florida, to conform with the provi- Section 3. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion ~hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. /L 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. 20-88 DEP ARTML.\JT AL CORRESPONDENCE [ITY DF DElRAY BEA[H ~WALTER O. BARRY, CITY MANAGER "-UW J Va \j('" m David J. Kovacs, I1:Lrector Department of Planning and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 ORDINANCE 20-88, REZONING AT MIRAMAR AND VE~IAN ~;J[CT ui\Tl 4-20-88 ITEM BEFORE THE COMMISSION: The action before the City Commission is action on a proposed rezoning of City owned land at the corner of Miramar and Venetian from RM-15 to C.F. The purpose of this rezoning action is to accommodate the construction of a fire station at that site. A public hearing is to precede City Commission action. BACKGROUND: This rezoning request has been initiated by the City in that the City is the property owner. The property was purchased in 1971 for the purpose of constructing a fire station. The property was zoned RM-15 at that time and has remained so until the present. Recently the City created a Community Facilities (CF) zone district which is the most appropriate designation for a fire station use. This rezoning action was undertaken in order to reassess the previous decision of locating a fire station on the property. Thus, the hearing before the Commission. Detailed baCkground materials have been provided to the Commission as a part of its April 19th work session packet. Planninq and Zoning Board recommendation: At a special meeting held on April 11, 1988, the Planning and Zoning Board forwarded this item with a recommendation, on a 4-1 vote, that the zoning be changed from RM-151 to. C.F. That action was based upon findings required pursuant to Code Section 30-23-(D). ALTERNATIVE ACTIONS: 1. Deny the terminate station. rezoning petition. consideration of this This site action for a would fire 2. Adopt Ordinance 20-88. This action would provide the opportunity for a fire station to be located on the property. Please note: Do not enact Ordinance 20-88 if the fire station is not to go there. Once zoned C.F. '('" THE Ef'f'ORT ALWAYS MATTERS 12-- :: ..:-:v \ .:.~:,~> .' c. ~ ." ,j';: ,". .',', " ~{. TO: WALTER O. BARRY, CITY MANAGER RE: CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 ORDINANCE 20-88, REZONING AT MIRAMAR AND VENETIAN PAGE: 2 the property must be used for community facilities purposes e.g. water storage tank location, public parking, public park, or other municipal use. In order for the City~divest itself of the property, once zoned C.F., it will be necessary to rezone to RH (Residential Medium to High Density) . 3. Continue to the Commission's meeting of May 10th. RECOMMENDED ACTION: Adopt Ordinance 20-88 on second and final reading; thus zoning the City owned property to C.F. for the purpose of construction of a fire station. ref:DK#18/A:ccrzmir .' ~:-;;, . :.;.,~" ... I .,.... ':'" . ~~? DEP ARTM~_NT AL CORRESPONDENCE [ITY OF DElAAY BEA[H ~~ER O. BARRY, CITY MANAGER Da 1d .\Ko\acs, Director J ' t:-aucq Department of Planning and Zoning \;)r\1 '_;JECT CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 ORDINANCES 2~-88 THROUGH 24-88, INCLUSIVE REZONING AT ANDREWS AVENUE I ,,\ it 4-20-88 ITEMS BEFORE THE COMMISSION: These four ordinances zonings on 2.76 acres lot and fire station. represent two combinations of CF and LC of private land north of the pUblic parking The Commission cannot enact any of the ordinances at this meeting. This is because, the companion land use plan amendment must first be enacted. It is scheduled for second pUblic hearing and enactment on May lOthhr It{.v f01Jtn1 ;vdof..;",~... Thus, the Commission can only reject certain ordinances and continue consideration of others. BACKGROUND: These rezonings have been set for public hearing at this time so that all testimony is received before the City makes a final determination on fire station siting and upon the details of a land exchange which has previOUSly been authorized. The land exchange is between the City and Ocean Properties. The combinations can accommodate certain combinations of parking, fire station siting, and commercial development. The only combination which cannot be accommodated is fire station expansion with the balance of the property in commercial expansion this alternative requires reprocessing of a companion land use plan amendment. More detailed background information has been provided as a part of the April 19th work session packet. P1anninq and Zoninq Board recommendation: At a special meeting held on April 11, 1988, the Planning and Zoning Board recommended that enactment of any rezoning ordinance be deferred until such time as more specific site development information is available. Staff comment: The information requested by the Board would provide definite boundaries for the zoning district combinations; thus, it is appropriate to defer enactment until such information is provided. The applicant has agreed to such a procedure. THE E,;URl ALWilYS MAlTE' }3 -/10 ..: :.:.;;. " . 't' ~ .:.' .. I ,j',: " .'.t, ~;:: - ""- -- _._..~----~._---_._- TO: Walter o. Barry, City Manager RE: City Commission Documentation Regular Meeting of April 26, 1988 Ordinances 20-88 Through 24-88, Inclusive Rezoning at Andrews Avenue Page 2 ALTERNATIVE ACTIONS: 1. After the hearing, do not provide any direction and defer further consideration to May 10th. 2. Deny specific ordinances e.g. 21 & 22 , or 23 continue consideration of the other set until Land Use Plan amendment is enacted and as recommended by the Planning and Zoning Board. & 24 and after the otherwise 3. Deny both proposed ordinances and provide direction as to consideration of a different combination of zonings. RECOMMENDED ACTION: Deny Ordinances 23-88 and 24-88 (thus, eliminating a fire station siting on Andrews) and continue considerat10n of Ordinances 21-88 and 22-88 until such time as: a) the companion land use amendment is enacted, and b) the land exchange is consummated and specific (revised) legal descriptions are provided). ref:DK#18/A:ccrzand :: ;:~ '.oj:':.. . ".. ~;:::;. ~:r DEPARTtv4~NTAL CORRESPONDENCE [ITY DF DELRAY BEA[H 'it di),j ~ ~' k S TO Walter O. Barry, City Manager f-RO~" Robert A. Barcinski, Assistant City Manager/ Management Services Group '.3UBJECT Audit Transmittal Memorandum 04-21-88 On April 26, 1988, Mr. Paul Bremer, a partner with Ernst and Whinney our external auditors, will be making a presentation of the City's annual audit for the year ending September 30, 1987. Mr. Bremer will be reviewing the financial statements, their opinion and their management letter during this presentation. Included in this package is the Comprehensive Annual Financial Report which is broken into three sections--the Introductory Section, the Financial Section and the Statistical Section. Their opinion is on Page 1 of the Financial Section. Also included in the package is the draft response from the Director of Finance, Mr. David M. Huddleston, to the auditor's management letter comments advising of actions already taken and recommendations for actions that may be considered. Included, additionally, is a copy of the Mr. Huddleston's memorandum dated April 6, 1988 which provides trend analyses for the following items: 1. Major Revenue Sources for the General Fund 2. Fringe and Salary Expenditures as a Percentage of the General Fund Budget 3. General Fund Undesignated Fund Balance 4. Per Capita Cost for Bond Principal and Interest 5. Water/Sewer Bond Coverage Ratio Additional comments by Mr. Huddleston are transmittal letter on Pages i through xvi of the Comprehensive Annual Financial Report. included in the auditor's the Introductory Section in At the conclusion opportunity for the they may schedule a of Mr. Bremer's presentation, there will Commissioners to ask any questions or, if they workshop to review the annual report. be an desire, This requires no action by Commission other than to receive this document. RAB/dmh/sam Enclosures T l[ Er-FOF).I A~_.e';r\Y'. M._--" t.PS p~ fSf f'JTftTI o1J J ;:-T2fY\ A DEPARTMENTAL CORRESPONDENCE [ITY DF DElRAY BEA[H TO Robert A. Barcinski, Assistant City Manager/ Management Services Group 'ROM@David M. Huddleston, Director of Finance SUSJ'Cl Annual Report for Year Ending September 30, 1987 ,."i: 04-06-88 The Comprehensive Annual Financial Report for the year ending September 30, 1987 has been submitted to you. Within that document are the Letter of Transmittal on pages i-xii and a Statistical Section ranging from pages 115-136. These sections provide a review of fund performance, financial prospects and trend analysis. In conjunction with the Comprehensive Annual Financial Report, I have attached some graphs which depict some basic trending which may be of interest. . The first trend is the major revenue sources for the General Fund. Included in the analysis are "property taxes", "other taxes" (which includes utility services taxes and franchise taxes) and "intergovernmental" {which includes all revenues shared from the Federal, State and County. The major source of the intergovernmental revenue is the State Revenue Sharing and sales tax collections. This trend depicts the revenue percentage for these three categories as a percentage of the entire General Fund budget. For the five-year period from 1984 to the proposed 1988 budget, these three revenue sources range from 73.887. in 1985 to 81.077. in 1986. For this same period, property taxes have had a high of 43.207. in 1984 to a low of 38.917. for the proposed 1988 budget. The category "other taxes'! has experienced an increase of this five-year period which is mainly contributable to the increase in the utility tax rate from 7.57. to 8.57. in 1986. This increase was earmarked to provide funding for the City's Beautification Program. The termination of the Federal Revenue Sharing program contributed to the declining percentage in the intergovernmental section. The second trend depicts fringe and salary expenditures as a percentage of the General Fund budget. As is indicated in the graph, our salaries have ranged from 50.407. in 1986 to 51.507. in 1984 with fringes ranging from 11.207. in 1985 to 12.067. in 1986. During this five-year period, the allocation for salaries and fringes has been very consistent. The third trend is a depiction of the General Fund undesignated fund balance for the past five years. The undesignated fund balance had a high of 20.657. in 1985 and a low of 12.087. in 1987. The City Commission has expressed a desire to maintain this balance in a range of 107.-157. of the General Fund operating budget. This policy was established in conjunction with guidelines set by bond rating agencies. It should be noted that property taxes which represent approximately 407. of the City's General Fund revenues are not recognized until December or January of each fiscal year. The fourth payments. principal trend is a per capita cost The total debt figure used in aRd interest costs on existing for this debt. bond principal and interest trend is the aggregate of all This aggregate total debt 1 Robert A. Barcinski Page Two April 6, 1988 service is then divided by debt service cost. As can over the last five years. year. the population to arrive at the total per capita be seen by the graph, this trend has been rising This annual increase is approximately 14% per The fifth analysis depicts the water/sewer bond coverage ratio. This coverage ratio depicts the revenues available for debt coverage divided by the annual debt service for the water/sewer fund. The bond resolution requires that the City maintain a 1.25 ratio annually. The 1987 debt coverage ratio of 2.43 is in excess of this requirement. The decline in 1985 from 3.47 to 3.29 depicts the impact of the cost of the recent 1984 Water/Sewer Bond Issue wherein the annual debt service cost increased from $1.4 million to $2.9 million annually. This coverage ratio is reviewed annually for compliance in preparation of any modifications to the water/sewer user fees. " These trends were selected as items of interest and this analytical process could be expanded as interest in other areas arises. Please advise if you have any particular areas which you feel should be addressed through this graphic analysis process. DMH/sam Attachments l ~ GENERAL FUND REVENUE INlflIlP:\UU: IOUaa I ~ i d ~ ~ .. . < 20Ir ~ 10l1: 0lI: , llllU 1.., 1" 1887 1_ . ezJ I'ltlPl:Io:IYll\X CS:sJ OMR WO ~ lNItRaOYT GENERnL FL~D RlVFNULS 1984 1985 lC"I(-36 198'/ lY88 PROPERTY lAX OTHER TAXES INTERGOV 43. .2(I:~ 4(.. I-H)/.. 42. Of)"!. 4') . r)(I~~ 38. 7 1 " 17. 401. 1 8. ::'81. ~- r:--y"( .-.Ie- 391. 74 :,~,..': ~- .':"'. ~-', '. .._J. . 16 30% 1 ~ 601. 15. 5(1% 1 (Il.':~ 1 . ~J:-J ',~ . ._1. ':'. ------ ----- -- ------~._- - - --- 76. 90% 73. 881. 81 (:17% 78. 39% 76. 7 1 % l .. FRINGES/SAlARY EXPENDITURES M A Ie 01' eaEW. RJIC) &OQEI' 7OIl: .. feN 1e8IS 1ees ,.., ,. 10C 011( , . IZ2l a.tUoftD ~ FNI:lUJ 2 FRINGES/SALARY AS A % OF GENERAL FUND BUDGET 1984 1985 1986 1987 1988 SALARIES FRINGES 51.50% 50.80% 50.40% 50.83% 51.08% 11.40% 11.20% 12.06% 12.01% 11.22% TOTAL 62.90% 62.00% 62.46% 62,84% 62.30% GENERAL FUND UI<<,.. ll..... fUll) ~ alii - - ~ sc I2X I .. ,. ,ex ~ ,. ! Ulr ~ 10* < . ~ . . %1( QC " '. ,'" ,,., '181 ,tll7 , GE NfRAL FIIND UNDESIGNATED FUN!' GnU,NCE r- 1 ~'C t.L 'rT ,-,f-.: ENDED SEFTEML<ER " TOTI\L GEt,WRAL FUND UNDESIGNATED BUDGET F'ERLU< r 198=:, 1')84 1(,j)8~ J 98/, 1 ')8/ t:,-' ,'_-'30. }f~ll'l 115, '=-'(J5, [.. 76 :t,:~" (.(-,2, :::'~.02 1-16,509.938 $3.864.7~3 $J8,712.525 $3,J~3,801 $2(:1.876.774 $2 . q~:1~/. 664 $24. 718,865 1 =-'. :~2% 15.7t,z 2U. L,~Z 1 ~'" 141. 12.08/. POLICY - CITY COMMISSION HAS EXPRESSED A DESIRE TO MAINTAIN UNDESIGNATED FUND BALANCE IN RANGE OF 101. TO I~% (If GENERr,L FUND OF'ERATING BUDGET. " , CI.oo t2..IO t2..IO t2AO tuo tz.oo 1..... t1.1O t1.eo t1..co t1.a) t1.oo ta.*l ta.*l taAO to.JO eo.oo 10N ~'I SCAL YEA~: ENDED SEPT 30 POPULATION 198.3 1984 1985 1986 1987 43,742 49,471 5(J, 898 49,933 51.501 PRINCIPAL & INTEREST ....f9~ 18IU 101lS IBM 1187 e:zJ f'llICIW. !SSI h,...."., TOT Al DC [<T TO F'OPUl (; 1 ] or, T01AL DE8T PRINCIPAL PER CAF'I TA It-nU,:EST F'ER CAPITA PRINCIPAL INTEREST $27,562,(1()(1 $19,238,352 $36,335,000 $38,385.354 :.t40, 135, <)(10 $40,948, (135 $39,575,<)(1(1 $38,735.481 $48,825,(1(1(1 ~45.871.138 t.6?(l $7:::.4 ~789 $793 $948 r'l41J 1;776 .ttJ')5 $776 t,891 TOTAL PER CAF'ITA 11 . (,-/1_) -11. =<1'_1 $1 , ~,q3 :t1, ~J68 .1'1,839 ----;3 ~894 - -. --$3 ~ 687~ ---i7, 58() WATER/SE.WER BOND COVERAGE 7 . I II . ;s I .t 1 0 \ 11la 1~ 11lell 11lell 1117 . WAT~R/SEWER BOND COVERAGE F I SC(.;L YE AR ENDED SEPTEMF<E:R ~"-' REVENUE AVr, I LABLE: FOf~ DE8T COVFf<AGE C URRE:rr DFI<! SERI.'l cr DEf<T f'AT 10 1983 1984 198~; 1986 1987 J4,626,424 :.tA,274,62u $6.544,28(1 1,l:..~8::..677 :Ji5,929.1~:'" 17/1 . ~.:_':c.; :.t 1 . -:"1', . (i(),~_~ :.r;-. 8~16, }(.j:-] j:'. :--1::-,;'. (,6 ~~ '$2, '~: -::.~ 538 4.7-', 3.1.17 2.:!9 :~. :,1 2. ()':. THE WITER AND SEWER ROND RE"f7LUT I ON II'~CLIIDES (\ RATe COVENANT WHICH REOUIRES THAT THE ~ITY FIX, ESTABLISH AND MAINTAIN SUCH RATes AND COLLECT SUCH FlES SO AS TO PROVIDE NEI REVENUE TOGETHER WITH IMPACT DiARGES ADEQUATE TO PAY AT LEAST ( 12:',%) OF THE ANNUAL DEBT SERV I CE REOU I "EMENT COR T HE BONDS. PROV I OED. THAT ~)ET REVENUE RECE I VED I ~I [(4CH F I ~:CAL YEAr, SHALL I; T ALL T IMf:'S BE ADEQUATE TO PAY AT l.EAST (11(1%) OF THE ANNUAL DEJ.T SERI,' I CE REQU I C,EMEI~T FOR THE BONDS. 1 DEP ARTfv.ENT AL CORRESPONDENCE [ITY DF DELAAY BEA[H TO Robert A. Barcinski, Assistant City Manager/ Management Services Group FRo~avid M. Huddleston, Director of Finance SUBJECT 1986-87 Management Letter Comments DATE 03-22-88 I have received a draft of the management letter comments as prepared by Ernst and Whinney, external auditors, as a result of their annual audit for fiscal year 1986-87. Although they indicate in their letter that their "study and evaluation disclosed no condition that we believed to be a material weakness", they did provide recommendations to enhance the present system. The first three items pertain to data processing and attached is a copy of the response by Mr. Zuccaro, Director of Information Resource Management. The fourth item addresses cash disbursements by department authorized check requests in excess of $1,000. These are items that have not gone through Purchasing such as requests by the City Attorney for payment of outside legal fees, land acquisitions or escrow payments, claims settlements; payment of payroll taxes, insurance reimbursements, etc. Procedure has been changed which requires all check requests in excess of $1,000 to be approved by the Finance Director. I would suggest that perhaps all check requests go to you for your review and approval on an interim basis. After your analysis, a more formalized procedure could be established which would have the City Manager formally designate an individual(s) to provide an authorization beyond that of a department head. The next item references utility refunds. The Finance Department and Utility Billing Division have used the utility refund check file to research past due accounts to match names to apply previous refunds for previous service accounts to the current past due service addresses. The City has been able to apply these refund checks to current accounts to reduce bad debts. This procedure will be changed to void checks and to maintain the check information on a computer file. This process will also provide the mechanism to monitor unclaimed refunds for submission to the State. I concur with the analysis and recommendation pertaining to accounts receivable. The majority of the balance is comprised of invoices which have either been liened for lawn mowing and unsafe housing or are in litigation such as Del Trail for hydrant rental. The recommendation to require cash payments for nominal services fees has been implemented with the City Clerk's office. I would recommend that a formal Citywide policy be adopted for cash payment for services under $25.00. The budget amendment comment pertains to a divisional as capital expenditure monitoring practice. The establishment funds for capital improvements and equipment will provide a well as a fund of consolidated positive /\ Robert A. Barcinski, Assistant City Manager/Management Services Group Page Two March 21, 1988 remedy. The various funds will transfer funds and separate control line items will be established. This will provide a that will allow for a more effective budgetary reconciliation. individual methodology The comment on record retention is appropriate and I would note that funding has been requested in the past several budgets to implement a records retention program. The budget requests have not been incorporated into the final approved budgets. The payroll reconciliation comment denotes a computer systemic problem with the IBM System 34 software. The problem involves the repetition of check numbers due to the size of the field for check numbers. Duplicate numbers, therefore, would appear and this required manual preparation in the reconciliation process. The conversion to the IBM System 38 software in January, 1988, has alleviated this manual process. The City has updated the signature cards to provide for two signatures on the referenced accounts The City's inventory team has provided guidelines and training to departments. The 1987-88 budget provides for a stockperson for the Water and Sewer Department. Additional training and review of the guidelines are scheduled for March. The reconciliation of the inventory and other year end closing entries will be rescheduled to occur before the preliminary draft of financia1s are given to the auditors as well as after when the auditors provide any adjusting entries. In the past, these were combined into one reconciliation after the auditors' adjustments. The procedure will now include both the pre- and post-reconciliations. The final comment concerning compensated absences is scheduled to be resolved this fiscal year. The system conversion on January 1, 1988 to the H.T.E. software allows for computerized accrual of sick and vacation time which has been done manually. Departments will be asked to submit accrued sick and vacation hours for their employees. This will be entered into the system by our payroll staff. Additionally, the accrual tables have been built by Payroll and when combined with the timesheet recording for absences, the implementation should be complete. The Annual Financial Report of Units of Local Government was filed by the City in March, 1988, in compliance with State guidelines. These comments and responses have been provided to our Financial Management Analyst who will review and draft appropriate procedures or procedural changes. These revisions will then be scheduled for a compliance review by the Financial Management Analyst. DMH/sam Attachments 1 Response to E & W Management Letter Comments #1 Documentation of Computer Program Changes We are in the process of changing the D.P. Request fields. One field is for the signature of the responsible for testing the modification. The second Director of Information Resource Management approving for production, after reviewing the test results. form, adding two person who was field is for the the modification #2 Written Standards for Computer Application Development & Maintenance We presently do development and developing a lRM following: not have maintenance Policies formal standards, in writing, for of application programs. However, we and Procedures Manual which covers the are the o Job Descriptions o Duties of lRM Staff o Procedures for: a. Requisition and Purchasing Computer Hardware/Software b. Computer Hardware /Software Failure o System 34/38 Operations a. lPL (Bringing up the Computer) b. Backup Restore Procedures o Use of Automated Resources o Forms We have adopted HTE's naming standards and adhere to structured programming techniques. #3 Controls over Programmer's access to Live Production Files The Director of lRM reviews the weekly Job Log, listings of all system activities that occurred during the previous week. The Job Log is reviewed for: Incorrect user input, in an effort to recommend suggestions to identify and correct misuse or redundant user errors. Access by outside user, such as our application maintenance vendor, H.T.E. We allow them access to our system to make program modifications. System use by programmers in terms of their access to production files or application software thru programs or system utilities. The Honorable Mayor and City Commission City of Delray Beach Delray Beach, Florida We have examined the general purpose financial statements of the City of Delray Beach, Florida for the year ended September 30, 1987 and have issued our report thereon dated December 15, 1987. As part of our examination, we made a study and evaluation of the system of internal accounting control only to the extent we considered necessary to determine the nature, timing and extent of our auditing procedures. Our study and evaluation made for the limited purpose described above would not necessarily disclose all material weaknesses in the system and, accord- ing1y, we do not express an opinion on the system of internal accounting control of the City of Delray Beach, Florida taken as a whole. I-lhile our study and evaluation disclosed no condition that we believed to be a mate- rial weakness at September 3D, 1987, the following recommendations are sub- mitted to assist in improving present procedures and controls. Documentation of Computer Program Changes We understand that the data processing manager approves program change requests before they are assigned to the programmer. The data processing manager also reviews program changes and test results before the program is placed into production. These control procedures are good ones; however, there are no guidelines to determine which changes are to be reviewed I ~ no documentatIon exists evidencing that such procedures were performed. E:-- ~ We recommend that the City incorporate such guidelines into written stan- dards for computer application, development and maintenance. We also recom- mend that the data processing manager sign the request form after initial approval of the request and also before the new or changed progra~ is placed into production. Written Standards for Computer Program Application Development and Main- tenance At present, formal standards for computer program application development and/or maintenance have not been established. The City is in the initial stages of developing such standards. We' encourage the continued development of these standards and urg~_ their implementation as soon as possible. Establishing standards provides ~reater assurance that systematic and logical steps are carried out prior to the implementation of any new program or program change. Adherence to such standards reduces the risk of programming errors and unsuccessful program implementations. Controls over Programmer's Access to Live Production Files Currently, the City has one programmer who has access to live production files. Programmer access to live production files increases the potential for unauthorized program changes. Due to the small size of the City's data processing department, we recognize that segregation of the programming, operations and security functions is difficult to achieve. Under these cir- cumstances, it is important that the City review its operations and consider implementing compensating control procedures. One compensating control may be that the operating system currently in use on the City's IBM System 38 has the capability of providing a history log of system activity. This history log could be regularly reviewed by the system security officer for unauthorized use of compilers, utilities, unauthorized access attempts and any other unusual activity. The City could easily review specific activities on a regular basis using the "display log" com- mand which could help ensure that only appropriate use of production and data files takes place. Cash Disbursements During our testing of cash disbursements, we noted two instances where pur- chases greater than $1,000 were approved by the department head through the use of a check request. No additional approval was obtained. It is the City's policy that all purchases greater than $1,000 be approved by the City manager or his designee. We recommend that the City consider extending this policy to purchases not utilizing a purchase order. The finance director or budget administrator could review and initial the check request indicating that' the purchase is proper and appropriately budgeted for. We noted that a new policy regarding approval of all purchases over $1,000 was implemented by the finance department after year end. We also noted four instances where the invoice was dated prior to the pur- chase requisition or purchase order. This indicates that purchases were made prior to obtaining the appropriate approval. We recommend that the City administration reaffirm the City's purchasing policy to all department heads, and any exceptions to the policy should be approved by the City man- ager or his designee. Utility Refunds We noted that utility refund checks which were returned to the City due to incorrect addresses were maintained in a box in the City's safe and not voided. The box included checks issued and returned as far back as ten years ago. While the disbursements were voided in the accounting records after six months and the City' 5 bank has been instructed not to honor any checks over six-months old, we recommend that a detail listing of all refund checks returned to the City be maintained and the actual checks be properly voided ~n a timely basis. The City is also required to send utility refunds to the state if unclaimed after a specified period of time. We recommend the City review all unclaimed utility, refunds on a regular basis and submit the apprDpriate funds to the state as required by current escheat statutes. Accounts Receivables At September 30, 1987, the City had approximately $293,000 in miscellaneous receivables outstanding. The maj ority of the receivables are over 90 days past due and primarily relate to charges for services such as off-duty police, renovation of unsafe housing and lot mowing. While many of the larger amounts are in litigation or have been liened, we recommend that the City take a more aggressive approach (such as the use of a collec tion agency) in pursuing the smaller balances due the City. The City might also consider a policy to require only cash payments for services costing less than a nominal amount such as $10 or $25, thereby reducing the time and expense necessary to bill the amounts and account for the receivables. Budget Amendments The City's water and sewer budget included in the monthly budget-to-actual report was approximately $108,000 more than originally approved by City com- mission. This report is utilized throughout the year to track revenue and expenses. Apparently, when the approved budget was input into the computer, $108,000 in budgeted capital outlays were input twice and not corrected. We recommend that the City review all computer reports after the approved budget has been entered into the system to ensure proper classification and amount. Record Retention Florida Statutes Section 257.36 requires the City to obtain permission from the state prior to destroying any public records. Currently, the City does not have a program for complying with this requirement. We recommend the City develop a system to ensure that the consent of the Library and Informa- tional Sen,ice of the Department of the State has been obtained prior to destroying any government document. Payroll Reconciliation We noted that the computerized listing of outstanding checks for the payroll account used in the September 30, 1987 bank reconciliation did not agree with the Barnett Bank detail listing of outstanding checks by approximately $11,000. Apparently, the difference results from an error in the City's computer program for reconciling outstanding checks. While the bank account is reconciled to the accounting records, an additional reconciliation of outstanding checks must be prepared manually to compensate for the problem in the computerized outstanding checklist. The City is in the process of converting to a new computer system for processing payroll; therefore, we recommend the City ensure that the new system properly accounts for the out- standing checks. Authorized Check Signer In accordance with good internal control, the maj ority of the City's bank accounts require two signatures on checks. However, we did note that some checki~ accounts including the water and sewer construction, and the water 1 and sewer improvement accounts require only one signature. To improve Con- trol over disbursements in these accounts, we recommend the Ci ty ex t~,!d its policy of requiring two signatures to all City bank accounts. We not€d that the City changed the accounts after year end to require two signatures for all disbursements. Inventory We observed the physical inventory at the City's public utility departments for the year ended September 30, 1987. At the water distribution depart- ment, we noted numerous errors during our first visit and it was necessary to have the inventory recounted. Subsequent test counts of the inventory by the finance department revealed no discrepancies. We noted no discrepancies during our test counts at the water treatment plant. We recommend that the City take appropriate steps to assure that inventory procedures are followed by the department personnel responsible for safekeeping and accounting for the inventory. " /1 j:JlnJ 4~~~ Q~-~1 At July 30, 1987, he City performed a physical inv..4ory of the General . F~dt1...supplies. e physical inventory resulted inl;';~roximatelY $11,900 ~V". tL....t. (~~Io;:;~ft inventory""~ the detail accounting records. This ,!iu,J M..E 1..9~R -a ree1::Ilt af the tiAliAg gf purchase." lH.d Jlo:>b.....6em~rlt& oJ. 'Nf.ll as c5rl c.rrUL ill ~ree9rqing iR.(...luTy- il'=I'I~. Ts eRBtlYI:, ifll<;Jnr-nry ic: prnp~rlJ :::.lclL~d we rO';;.....UlI.UU......a tAe eit) t(.c.o..cil-e---thi~ aiffer-e-ne-e-as. iOOOn-..as.. possib:l:e-. * * * * * With respect to the management letter dated December 19, 1986 relating to the year ended September 30, 1986, we noted that all comments, except for the following, were satisfactorily resolved by the City during the year. We noted that the City has addressed the following item included in the manage- ment letter for the year ended September 30, 1986, but further attention will be required. Compensated Absences "Statement No. 4 issued by the National Council of Governmental Accounting requires the City to record a liability for accrued compensated absences. Presently, the City maintains the records for accrued compensated absences manually at each department. We understand the City intends to implement a new computer program in the 1988 fiscal year which will provide improved reporting for this liability and allow for an independent check on the manually-prepared records. We recommend that the City implement this new program as soon as possible. * * * * * As part of our examination, we examined the Annual Financial Report of Units of Local Government filed by the City with the Florida Department of Banking and Finance for the year ended September 30, 1986. We noted that the Annual Financial Report was 1n agreement with the annual audit report for the year /-: /_j~~ . ;/;: .'.',el-,:' i \.J .v.1; Ct...." .L./-.(,. '. -.t i I i VA'" <' it ., . /".....t '.' ' ,'~ . ~I . - , c.'tsf ,0<f;;< ,,~~ Z; ,) { I.!---' I"~ J I. ~ r'.. I <: {. I.... (..I ,:.' ,,' ( .j,' 1... '_L, " / .' . , "'.v..{ I J " ~V. , '~{,,; (~ , \. It,, '....i.-'....c-L <.. j Co " ( 1 ',y' "-'~ '- "'" .~/~'-c ,.. ~ " .~c....cv, hr.,;.,..... ;,.<.,-, " 'f ,_,'-'-l...l-C'). 'J l ended September 3D, 1986. September 30, 1987 has not The Annual Financial Report for the year ended been prepared as yet. ***** This report is intended solely for the use of management and the Auditor General for the State of Florida, and should not be used for any other pur- pose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City Commission of the City of Delray Beach, Florida is a matter of public record. Very truly yours, DEPARTtvI~NTAL CORRESPONDENCE TO Robert A. Barcinski, Assistant City Manager [Iry DF DELAAY BE_A.[H ~~(j FROM@ David M. Huddleston, Director of Finance SUBJECT 1986-87 Management Letter Comments Update DATE April 20, 1988 In reference to my memorandum of March 22, 1988, the following actions have been completed: Utility refund checks - effective this current fiscal year, non-deliverable utility refunds have been placed in an unclaimed utility deposit account for submission to the State of Florida. A draft of this procedure has been com- pleted. Inventory - an audit of the public utilities inventory has been conducted. A copy of the results are attached. Subject to your approval we will complete procedures for the following: Check requests in excess of $1,000. Minimum invoice amount of $25.00. DMH: tr Attachments i\ "t; MEMO TO: DAVID HUDDLESTON FROM: BARBARA SCHOOLER WATER DISTRIBUTION AUDIT APRIL 8, 1988 RE: DATE: ON APRIL 4, 1988, AN AUDIT OF THE WATER DISTRIBUTION DIVISION WAS PERFORMED TO ENSURE COMPLIANCE OF PROCEDURES. THE FOLLOWING DOCUMENTATION WAS REVIEWED AND INTERVIEWS CONDUCTED; 1. CARD SYSTEM 2. COPIES OF PO'S DELIVERY SLIPS, INVOICES 3. DAILY INVENTORY RECORD 4. THEIR INVENTORY COMPUTER PROGRAM 5. INTERVIEWS WITH AL MONTELEONE, BOB PHILLIPS, AND JESSE (NEW STOCK PERSON) PROCEDURES: PURCHASE OF INVENTORY - EVERYTHING IS DONE THROUGH THE PURCHASING DEPARTMENT WITH THE EXCEPTION OF 1 OR 2 CONFIRMED PO'S. REQUISITIONS ARE SENT TO PURCHASING, PO'S ARE ISSUED, COPIES SENT BACK MATCHED WITH REQUISITIONS AND FILED UNTIL DELIVERY. DELIVERY - MOST OF THE DELIVERIES ARE SENT TO THE WATER DISTRIBUTION DIVISION WITH THE EXCEPTION OF BRASS ITEMS WHICH ARE KEPT AT PURCHASING. THE STOCKPERSON DOES THE FOLLOWING; 1. CHECKS THE ITEMS AGAINST THE DELIVERY SLIP MAKING SURE EVERYTHING ORDERED HAS BEEN DELIVERED AND IN GOOD SHAPE. 2. DELIVERY SLIP IS THEN MATCHED WITH PO AND FILED AWAITING INVOICE. 3. ITEMS ARE PUT ON SHELF AND CARDS ARE UPDATED. WHEN INVOICES ARE RECEIVED THEY ARE MATCHED WITH THE OTHER PAPERWORK, SENT TO WATER ADMIN FOR SIGNATURE AND THEN TO FINANCE FOR PAYMENT. DISPERSAL OF ITEMS - A WORKORDER IS PREPARED AND SIGNED BY SUPERVISOR. THE CREW LEADER WILL PICK UP THE NEEDED ITEM AFTER FILLING OUT A "DAILY INVENTORY RECORD" WITH DATE, CREW NUMBER, SIZE AND AMOUNT. THE STOCKPERSON CHECKS THE LOG AND GIVES THE ITEM TO THE CREW LEADER. EACH MORNING THE CARD FILE IS UPDATED. I DID A TEST OF THE INVENTORY ON HAND. THE RESULTS ARE AS FOLLOWS; 1 1I 1I ITEM ON SHELF ON CARD COMMENTS METER SPUD 3/4" 177 177 HYDRANTS-5FT 5 5 HYDRANTS-3 1/2FT 4 4 COPPER DRESSER I" 24 25 DAY SHEET FOR 3/31 NOT UPDA' FEMALE ADAPTER 22 22 COPPER DRESSER 3/4" 28 30 DAY SHEET FOR 3/31 NOT UPDA< COPPER DRESSER 1 1/2" 56 61 2 ON DAY SHEET, 3 UNKNOWN SERVICE SADDLE 4 X 2 7 7 I EXAMINED THEIR INVENTORY COMPUTER PROGRAM. IT WAS DEVELOPED IN HOUSE BY BOB PHILLIPS AND HAS LIMITED CAPABILITIES. DAY BY DAY TRANSACTIONS CANNOT BE INPUTTED- MERELY TOTALS. IMPRESSIONS ORDERING, DELIVERY AND PAYMENT APPEAR TO BE IN COMPLIANCE WITH PROCEDURES SET FORTH BY THE DEPARTMENT. FORMS ARE APPROPRIATELY INITIATED AND SIGNED. ALTHOUGH THE NEW STOCKPERSON HAS BEEN EMPLOYED BY THE CITY FOR TWO WEEKS. HE APPEARS TO UNDERSTAND WHAT IS EXPECTED, THE DIFFERENCES BETWEEN THE INVENTORY COUNT AND THE CARDS APPEAR TO BE A FAILURE TO UPDATE THE CARD FILE DAILY. HOWEVER, SINCE THE STOCKPERSON IS NEWLY HIRED THERE IS STILL A LEARNING PROCESS OCCURRING. THERE WAS ONLY 1 INSTANCE WHERE THERE WAS NO READY EXPLANATION FOR THE MISSING ITEMS. ONCE AGAIN, BECAUSE THE STOCK PERSON IS NEW, BOB PHILLIPS FELT THAT THE ITEMS WERE MISSHELVED, THEY WERE GOING TO FOLLOW UP. RECOMMENDATIONS: '1. TO EXPAND THEIR COMPUTER PROGRAM TO EVENTUALLY REPLACE THE CARD FILE. THE CARD FILE APPEARS A BIT CUMBERSOME. IT TOOK SOME TIME TO DETERMINE WHICH COLUMN THE APPROPRIATE CARD WAS IN. THE UPDATE PROCESS IS MANUAL LEAVING ROOM FOR ERRORS, 2. THE STOCKPERSON SHOULD BE THE PERSON IN CHARGE OF THE INVENTORY LOG - FILLING IT OUT ETC. I NOTICED ONE CREW LEADER FILLING OUT THE SHEET AND TAKING THE ITEM OFF THE SHELF. THERE WOULD BE MORE CONTROL IF THE STOCKPERSON HANDLED ALL DISPERSALS. , DEPART~ .cNTAL CORRESPONDENCE [ITY DF DELRAY BEA[H TO Walter Barry, City Manager 'e',r' Nancy Davila, City Horticulturist . ~(i -......;~-- ._,.,~ ";'';6,' Status of Beautification Project for West Atlantic Avenue & Linton Boulevard 4-21-88 Landscape plans have been prepared by H. Kurt Kette1hut & Linton Boulevard (between 1-95 and Military Trail), Avenue (between Swinton Avenue and 1-95) and the 1-95 Atlantic Avenue. Associates for West Atlantic interchange at Landscape plans for Atlantic Avenue have provided additional Black Olives and Sabal Palms to match the existing trees, and have augmented these plantings with flowering trees, shrubs, and groundcovers. Flowering trees will alternate between the Pink Tabebuia and the White Oleander standard. All sod will be eliminated, and all vegetation is drought tolerant to fall in line with the xeriscape concept. Where permitted in relation to existing car parking, Black Olive trees will be planted along the sides of the road within the utility strips to provide some relief from the austerity of the adjacent properties.The Plans have been reviewed preliminarily by the State Department of Transportation and have met thus far with their approval. The Atlantic Avenue interchange has been incorporated with the plans for Atlantic Avenue east of 1-95. The proposed design includes a double staggered circle of Queen Palms at the two major points of ingress and egress, along with massings of shade trees, flowering trees and flowering groundcovers. The plan provides for the major treatment to be along the Atlantic Avenue corridor to provide a sense of arrival and a visual impact traveling through this area. Additional funding may be available through the D.O.T. to underwrite the cost of additional plantings to stabilize slopes and embankments, and to beautify the balance of the interchange for Atlantic Avenue, Linton Boulevard, and the overpass at Lake Ida Road and S.W. 10th Street. Kettelhut has submitted a proposal for additional services to prepare the documents to apply for this additional funding. A separate report in included covering the proposal. Prior to final design development for Linton Boulevard, a meeting was held with county engineering to determine design standards and critereon. The landscaping was to be designed in accordance with the State of Florida "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Street and Highways" for safe sight distance and minimum clear zone. T j. E ;::-,~:. ,.i,. J". n IV, .- , PRcsffVTA-TiO/V :r: -r e: r1\ B 7/ 1 l As the sidewalk abuts the right-of-way line property line on the north side, the question was raised as to whether the county would permit cut-outs in the sidewalk to permit the installation of trees. We were told that it would be considered, providing that the sidewalk was maintained at a five foot width. The other major focus was that of maintaining clear visability within the established sight distance triangles. It was our understanding that within the sight distance triangles, vegetation would be permitted, but it would have to be maintained below thirty inches in height, for shrubs, and have a minimum of eight feet of clear trunk, in the case of trees. The landscape plans were reviewed and accepted by the Beautification Task Force and myself prior to submittal to the County for design approval. The design element consisted of plantings of Washingtonia Palms and understory plantings at the intersections, with shade trees planted between the intersections along the sides of the road. The medians were landscaped with a variety of shade trees, palms, accent flowering trees, and an understory of ground cover and shrub massing at the base of the trees. Plans were submitted to the County on March 11, 1988. On April 12, 1988, a list of conditions for approval was mailed to Kette1hut's office. Kette1hut presented this information to the Beautification Task Force on ;~ April 14, 1988. Conditions included the elimination of all landscaping on (_ \ the north side of the road, elimination of trees within the sight distanc~ ~ triangles, and elimination of all landscaping east of Congress Avenue. 1i),1" At the task force meeting, a recommendation was made to schedule the projects for the City Commission meeting on April 26, 1988, and inform the Commisssion of the conditions set forth by the County. In the mean time, Kettelhut, Mr. Church, and I were to meet with Charlie Walker and Andy Hertel with county engineering to define the areas of concern. The meeting with the county was held April 21, 1988. Relative to landscaping along the north side of Linton Boulevard, Engineering's position is that they will not permit a minimum sidewalk width of 5 feet, as this area may be used by bicycles as well as pedestrians, and the full 8 foot width is felt to be needed. The problems associated with the landscaping proposed within cut-outs adjacent to the intersections was compounded by concerns for maintaining adequate sight distance. The palms that were proposed were not acceptable due to the trunk diameter and the decrease in visabi1ity this would cause due to the 'fence post' effect. This being described as the inability to see oncoming traffic as the trunks line up and leave little clear area for sight. In an effort to salvage any part of the landscaping on the north side of the road, we asked if shade trees could be used at the intersections, as their trunk diameter would not be as large as a palm tree. The County stated that if it could be demonstrated that adequate sight could be provided, they would consider a few at the intersections, maintaining a functional 6 foot wide sidewalk. Relative to elimination of the trees within the sight triangles within the medians, again, the density of the trees would have to be reduced and information detailing sight distance provided. 2 l The County did not waiver on their requirement to eliminate all east of Congress Avenue. Plans to expand that intersection formulated which would require the removal of any vegetation. will be sending us the plans for this proposed expansion. landscaping have been The County To summarize, plans for Atlantic Avenue are moving forward, but Linton will have to be redesigned to meet the conditions enumerated by Palm Beach County Engineering. In view of the water restrictions currently in effect for the use of City water for irrigation, installation of plant materials on Atlantic Avenue may have to be delayed until the restrictions are lifted as we are utilizing the existing irrigation system, which is tapped into city water within the medians. Mr. Kettelhut will attend the Commission meeting April 26, 1988 to discuss the proposed plans for the Atlantic Avenue corridor and interchange, and to answer any questions the Commissioners may have regarding the beautification project. He will also present his proposal for increased scope of services for the documents required to submit for additional D.O.T. funding. b:linton.sta cc: Ger1ad Church, City Engineer 3 DEPART~ENTAL CORRES~ONDENCE [ITY DF DElRAY BEACH ~~{i TO Walter ,Barry, City Manager FROM Nancy Davila, City Horticulturist SUBJECT KETTELHUT/ PROPOSAL FOR INCREASE IN SCOPE OF SERVICES TO APPLY FOR F.D.O.T. FUNDING DA-TE 4-21-88 The Florida Department of Transportation has established a program whereby they will participate in funding beautification on 1-95 interchanges and overpasses. D.O.T may fund up to $500,000.00 of additional landscaping for the interchanges at Atlantic Avenue and Linton Boulevrad, and the overpasses at Lake Ida Road and S.W. 10th Street. Application for funding must be accompanied by preliminary plans, list and cost estimate. Kurt Kettelhut & Associates has submitted a for additional services to prepare plans for this application. a plant proposal In reviewing Kette1hut's proposal, fees for the actual bid documents and specifications, as well as field inspection have not been included. I have asked Mr. Kette1hut to revise his proposal to include these fees on a line item basis, so that we know the total amount of the fees for his services that would be required to see the plans through installation. Although we have no guarantee that D.O.T. will provide additional funding, they seem eager to participate, and the fact that the City is already making such an effort to beautify sections of the interchange appears to be in our favor. In speaking with Mr. Kette1hut, he feels the additions to the fees would bring the total up to approximately $13,000.00., instead of the $8,000.00 presently listed to take the plans through D.O.T. review. If D.O.T. does not approve the funding, obviously, we have spent the additional fees for nothing, but I feel that it is worth investigating for the potential of half a million dollars. b:ketser.mem 1 'pfJ - .::: iJ-rATi C 1'.\ n~>I-' :STEM 0- 2-- eM 362 THE EFFORT ALWAYS MATTERS J tPr .~)i , I. March 16, 1988 H. KURT KETTELHUT & ASSOCIATES Nancy Reinhart Davilla City of De1ray Beach 100 N.W. 1st. Avenue Delray Beach, Florida 33444 Re: Florida D.O.T. Beautification Funding Dear Nancy: I have talked further with Carl Higgens about the D.O.T. 's participation in the 1-95 interchange beautification and this is the course of action he suggested we follow. I need to prepare a complete set of preliminary landscape plans toge\ther with a plant list and cost estimate for the areas that we want D.O.T. to fund and submit them to Carl. The set of plans that I have already prepared for the south side of Atlantic Ave. interchange are acceptable but will need to be expanded to included the North side of the roadway and similiar drawings prepared for each of the areas under consideration; which includes the Linton Blvd. interchange, the SW 10th St. overpass, and the Lake Ida overpass. Carl wants Delray's proposed beautification landscaping included in the plans so the people at DOT will understand that the city is making a major effort independent of DOT's funding. I have estimated a cost of approximately $500,000.00 for the landscaping DOT would fund. The cost of preparing these plans will be an extra to the contract and I have made the following break down for your review and approval. 1. Atlantic Ave. Interchange Base plans...................................... $300.00 Field inspection................................$200.00 Preliminary LA design................... ........$400.00 LA plans, cost estimate, and plant 1ist.........$900.00 BTF review..................................... .$200.00 DOT review...................................... $200.00 $2200.00 2. Linton Blvd. Interchange Base plans..................................... .$300.00 Field inspection................................$200.00 Preliminary LA design...........................$400.00 LA plans, cost estimate, and plant list.........$700.00 BTF review.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 DOT review..................................... .$200.00 $2000.00 ..., - - I ... _ ...." A A.... "nc IAI')&:_A")nc: I 3. I,SW. 10TH. Street overpass & enbankments Base plans..................................... .$200.00 Field inspection................................$200.00 Preliminary LA design....... ........ ............$450.00 LA plans, cost estimate, and plant list........ .$550.00 BTF review.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 DOT review.................................... .. $100.00 $1600.00 4. Lake Ida Road overpass & embankments Base plans..................................... .$200.00 Field inspections...............................$200.00 Preliminary LA design....................... ....$450.00 LA plans, cost estimate, and plant list........ .$550.00 BTF review..................................... .$100.00 DOT review..................................... .$100.00 $1600.00 I have revised the Atlantic Ave. interchange per the BTF's review and will have those plans ready for you the middle of the week. Once the BTF has approved those plans we will start the planting plans for both sides of the interchange. This work will go forward independent of the beautification funding from DOT. If you have any questions please feel free to call me. Sincerely yours, d~~z-- H. Kurt Kette1hut ~ ORDINANCE NO. 25-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 40. DELRAY BEACH SHORES. A SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 167. IN THE PUBL IC RECORDS OF PALM BEACH CGUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF BROOKS LANE AND STATE ROAD NO. AlA; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. Robert J. Cullum and Stephanie Tenants by the Entirety. are the fee-simple owners of ty hereinafter described: and. Cullum. as the proper- WHEREAS. William R. Seach. as duly authorized Agent for Robert J. Cullum and Stephanie Cullum, as Tenants by the Entire- ty, 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 hereinaft.er described is now contiguous to the corporate limits of the City of Delray Beach. t.hus making said pet,i tion for annexation effective at this time: and. WHEREAS. the designation of a zoning classification is part of the annexation proceeding. and prOV1s~ons 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; Sectio~ 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: Lot 40. DELRAY BEACH SHORES. a Subdivision as recorded in Plat Book 23. Page 167. in the Public Records of Palm Beach County, Florida. The subject property is southwest corner of the Brooks Lane and State Road located at intersection No. AlA. t,he of The above-described parcel contains a 0.667 acre parcel of land. more or less. )~ ,) 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 RM (Medium to Medium High Density Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section 4. That the land hereinabove described shall immediately become subject t.o all of t,he 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. Section 5. That this annexation of the subject proper- ty, including adjacent roads. alleys. or t,he 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 ~_ That all ordinances or parts of ordinances In conflict herewith be. and the same are hereby repealed. ~ion 7. That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence, or word be declared by a Court of competent, jurisdictIon to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof ot.her than the part declared to be invalid. Section 8, 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. 25-88 . DEPART~~':NT AL CORRESPONDENCE [ITY OF DELRAY BEA[H ro r:LTER o. BARRV CITY, MANAGER ~\Q~'~0~ David J.~vacs, Director Department of Planning and Zoning ,_~.o~~ F~C~..l CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 51'BjECT CULLUM ANNEXATION WITH ZONING OF RM 4-20-88 ITEM BEFORE THE COMMISSION: The action before the Commission is an ordinance enacting a voluntary southwest corner of Brooks and AlA. approval on First Reading of annexation (Cullum) at the The attendant zoning is RM. A public hearing will be scheduled for second reading. Tentative date for second reading is May 24, 1988. BACKGROUND: The Cullum's have initiated the annexation of this property which is in an enclave in order to have a specific record of previous land use considerations which have occurred. Those considerations are contained in the Planning and Zoning Board staff report which is attached. The attendant zoning of RM is consistent with the current County zoning designation and is consistent with the specific land use plan designation which the City enacted in December of 1986. The development potential of the site is five units provided that the RM district regulations are adhered to. Planning and Zoninq Board recommendation: Zoning Board at its meeting of April approval of the request. The Planning and 18, 1988, recommended There was opposition aired at the Board's public hearing. opposition was to the effect that a potential of five units too great;wherea~ four would be more acceptable. This was The Board's recommendation only designates the RM zone district and provides the record of previous actions (desire of Mrs. Cullum). Assessment of any site plan will occur upon its submission; however, a site plan with five units will be accepted for processing. ALTERNATIVE ACTIONS: 1. Hold first reading and set the item for public hearing at second reading. \1 ,.,'.J.c T E ,A M.\T'':'' TO: Walter o. Barry, City Manager RE: City commission Documentation Regular Meeting of April 26, 1988 Cullum Annexation with zoning of RM Page 2 2. Deny the ordinance appropriate in that to be heard). on it first reading (this is denies the applicant her not right J. Continue for a work session focus (this appropriate in that the controversy, singularly focussed and can be handled hear ing) . action is not if any, is at the public RECOMMENDED ACTION: Approve this enacting ordinance for annexation with RM zoning on first reading and direct that it be advertised for pubL,c hearing -- tentative hearing date is May 24, 1988. AttachmenL - P & Z Staff Report ref:DK#18/A:cccullum PLANNING B- CITY OF OELRAY :ONING BOARD BEACH STAFF REPORT MEETING DATE: APRIL 18. 1988 AGENDA ITEM: CONSIDERATION OF AN ANNEXATION REQUEST (CULLUM) WITH INITIAL CITY ZONING OF RM OF PROPERTY IN THE SOUTHWEST CORNER OF AlA AND BROOKS LANE. III.F ITEM: PO '41 --,,>- , mAIL€R I ----,-~ RT " . r ~ j ; y ~' I( 43, r>Q 'S-', ~ F 1 ~ 0 C) 27 .r " ~ .. 5 ~ 6~O I .: t- ~~\",. ~ ." , ~ i I 11 ct I! ~ ..... I I ~ I ........ I , II I \, ~~ . . to PG ~I " ~'>~ GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Robert J. & Stephanie Cullum ;"'gent. .. .. .... . . . .. .. ....... .. .. William R. Seach Location........................Southwest corner of AlA and Brooks Lane Description.................... .Lot 40, Delray Beach Shores Property Size................... .77 acres County Land Use Plan............MF-M (Multi-Family Moderate Density) City Land Use Plan. ..... ...... ..MF-M (Multi-Family Moderate Density - up to 5 units/acre) County Zoning. ...... ........ ....RM (Residential Medium Density) Adjacent Zoning................ .North of subject property is RM-6 (Multiple Family Residential); east is zoned RM-1S {Multiple Family Residential}; south and west of subject property is zoned R-IAA (Single Family Residential) Existing Land Use... .......... ..Single family home Proposed Land Use..... ..... .... .Multiple family structure Water Service.................. .Existing on site ITEM: TIff Sewer Service.................. .Existing on site SUPPLEMENTAL INFORMATION AGENDA ITEM III.F REGULAR MEETING OF APRIL 18, 1988 PLANNING AND ZONING BOARD CONSIDERATION OF THE CULLUM ANNEXATION REQUEST. The zoning designation which has been requested on this property is RM. Such a zoning is consistent with the Land Use Plan designation of "MF-M, up to 5 units", which was applied specifically to this property in 1986. The Cullum property is approximately 0.667 acres, or 29,054 sq.ft. Pursuant to the formula for density in the RM zone district four (4) dwelling units are allowed. i.e. 8,000 sq.ft. for first two units and 8,890 sq.ft. per unit thereafter --- 29,054 - 8,000 = 21,054 8,890 into 21,054 = 2.3 = 2 first two (2) + 2 = 4 units. However, a clause in the RM zone district states "the amount of addi tional lot area may be reduced depending upon the approved' density". Based upon the statement in the RM district regulations and the specific consideration of 5 units in the 1986 Land Use Plan Amendment, it appears that 5 units would be allowed on the property and deemed consistent with the Land Use Plan and the Zoning Designation. Of course, the precise number of units ultimately allowed will be a function of site design and ability to comply with all of the development regulations of the RM zone district. Further, if a site plan is not approved and development commenced prior to a change in the RM zone district regulations which removes the provision which allows a reduction in lot area based upon an approved density, five units would not be allowed. The above information is provided for record purposes. There is no change to the previous recommendation as set forth in the staff report. REF/DJK#18/B:CULLUMSU.TXT \jo.}J ~ . V~AJ('~- +\B-~ ITEM BEFORE THE BOARD: The action being requested of the Board is that of making a recommendation on an annexation with initial zoning of (RM) Residential Medium to ~edium High Density for the Cullum property. This property (Lot 40) is located on the southwest corner of AlA and Brooks Lane and is the present site of one single family unit. By separate action under the Enclave Act, the balance of Enclave No. 40 consisting of approximately a 8,525 sq.ft. (Lot 59) to the north of this property and is proposed to be annexed to the City with initial zoning of R-1AA. Lot 59 is the location of one single family home. BACKGROUND: ,Background information exists on these properties . It appears these two lots have been the site of single family ~C~> for some time.In 1986 the Planning and Zoning Board and the City Commission held public hearings to assign City Land Use designations to County pockets as required by the 1985 Growth Management Legislation. The first hearing on the Cullum property was held on July 21, 1986, by the Planning and Zoning Board who recommended a land use designation of Multi-Family 6 units per acre for this property. Between the public hearing held by the Planning and Zoning Board, and that held by City Council, the City Council also held a workshop to discuss the recommended land use designations. At the workshop, City Council decided to eliminate the use of residential land use designations which set particular numbers and instead make use of the newer residential land use categories which used density ranges. City Council then changed the recommend designation of the Cullum property to Multi-Family Low Density (MF-L) with a range of three to seven units per acre. At the public hearing held by City Council on August 12, 1986, City Council recommended a land use designation of Multi-Family Moderate Density (MF-M) which has a range of seven to ten units per acre, but - for this parcel - a cap would be set at five units per acre. This is the recommended the State Department of State law. land use designation which was sent Community Affairs (DCA) for review, to per After review by the State, the City Commission was required to hold two public hearings. The first public hearing was held for Ordinance No.128-86 Changing the City Land use designation for this parcel from SF to MF-M (Multi-Family Moderate Density) on December 2, 1986. The second and final public hearing was held on December 16, 1986. TO: Planning ~ 1 Zoning Board RE: Staff Report - Cullum Annexation/Rezoning Page 2 For the balance of the Enclave #40, no land use amendment was initiated as this parcel remained single family. The applicant is now requesting annexation with initial zoning of RM (Residential Medium to Medium High Density) with a base of 7 and a range of 7-10 units per acre. Annexation Analysis: Th~" Cullum property Lot 40, and Lot 59 Enclave 40) -at'€... contiguous to the City via residential areas to the north, south, east and ~~ currently serviced by City water and sewer. the balance of the surrounding west. The sites This property is part of an official "enclave" (area No.40). The voluntary annexation of Lot 40 will leave one residential lot to the north Lot 59, which will be annexed concurrently under the , , "Enclave Act". This annexation will then encompass the entire enclave, therefore not creating an additional enclave. Pursuant to the City's Enclave Report, these specific properties will receive a Level of Service A upon annexation at no substantial cost to the City. There are no required findings other than annexation will not create an enclave, required by Florida Statutes prior to approval of a voluntary annexation. Comprehensive Plan Matters: The Land use Map identifies Lot 40 (Cullum property) as (MF-M) up to 5 units and the balance of Enclave 40 as (SF) Single Family. The property is not encompassed by any other Land Use Map or plan. Zoning Analysis: Standard #1 and #2 (will change be contrary to the proposed land use plan or existing land use pattern) - The change will be consistent with the land use designation for each of the lots per public hearings and land use amendments finalized on Dec 16, 1986. The existing land use pattern along the west side of AlA is single family residences and low density, low-rise condo developments. The proposed 5 total units which could be built per present zoning regulations is consistent with this land use pattern. Standard #3 (spot zoning) - This proposal is compatible and similar with adjacent residential zoning categories. TO: Planning a_ _ Zoning Board RE: Staff Report - Cullum Annexation/Rezoning Page 3 Standard ~4 (load on public facilities) and Standard ~5 (district boundaries) - This proposal is consistent with the land use designation for which public facilities have been planned or provided. The district boundaries correspond to lot line with compatible land use designations. Standard ~6 (changing conditions made rezoning necessary) and Standard ~7 (change adversely influence neighborhood) - Do not apply as rezoning is in compliance with designated land use. Change would not adversely influence neighborhood as would be following existing land use pattern of the area. Standard ~8 (change create increased traffic) - Traffic would be increased as there would be a possibility of five residential units versus one existing but traffic impact would be minimum to surrounding area. Standard ~9 (change create a drainage problem) and Standard ~10 (changes impact on light and air) Any potential problems associated with these standards would be controlled thru site plan review process. Standard ~11 (affect on property values) and Standard ~12 (deterrent to improvement of adjacent properties) - The proposed zoning and development will be compatible with surrounding development and should not be a deterrent to improvement on,or the property values of adjacent properties. Standard ~13 (special privilege) - Granting of the request for voluntary annexation and annexation of the balance of Enclave 40 will not convey special privileges as it will be consistent with approved land use designations. Standard ~14 (property used with existing zoning), Standard ~15 (change out of scale), Standard ~16 (other areas with appropriate zoning) and Standard ~17 (sufficient evidence need of change) These standards do not apply as this area is to be annexed with initial zoning corresponding with the underlying land use designation. ASSESSMENT: The Cullum property and balance of Enclave 40 are proposed to be annexed in accordance with the underlying land use designations approved at pUblic hearings on July 21, 1986, August 12, 1986, December 2, 1986, and December 16, 1986. These properties can be annexed at no substantial cost to the City. TO: Planning and Zoning Board RE: Staff Report - Cullum Annexation/Rezoning Page 4 ALTERNATIVES: 1. Continue with direction. 2. Approve voluntary annexation and initial zoning of RH for Cullum property (Lot 40) and annexation under the "Enclave Act" with initial zoning of (SF) the balance of Enclave 40 (Lot 59). RECOMMENDATIONS: 1. Alternative #2. ref:PD#4/A:Cullum ---~-----._._. - -~.- --------~----- 11,8" ENClAvE ACT STUDY MAP: L I C)- '/ ;~,..:JC~. 43::: 4Z~' 40 39 38 37~ 3<0;'1 ,...." J'''' _ '. I 45 '. "'" ,_ ".. ".."., 11'11 _ _~~ r f\~' :...EWfS COVE J'l " J ~, : '. I . ... "'-J '} ~ 70 . 6' ~8 &7 <0, "5 ,. '3 62. 61, ~ .~, ..H . .>> ~ ~- -~ - ...'" i . 8R LA '" 71~ -c 4~ 42, ....... ",,~. "G ~3 ~ ~ ,~ - ~'\ ...... IF, 31.'..... :~; 1< ~6 381o~, 1, 4 ...... ""0 -,,-" E 1\ 37 "-' "' " '.aA..a':;: WJj4n,' oRlv€, Sl I (~29 . q ?611'lo.c '''l4. ~7 ,.I 27~' r~ ,3 ~ ?I :/ l6 -~~ -" ,,;r 0 ~ '17"- ~ - ------:~ '..., --~-=-- ~ I:"~';' " fa . 20' 1~,,12 ~;3 14 IS 110 17 19.:' ~ ~ !' Ii, ., , ".-1 ~ "'c.lll. ~ RHODEs.., lfI'.pt::A AVE ;- ~..,,'O., '1' ~' ., <c.,' / ~ /f 9 ,8 Z ~ C " '" 3' 2 ' ~"::'J:' "'." ~_ ~...."....- ---~~,' . ~, t.~""\o 'JO ~O ,111,.. ~~ l-- 'eo'. ! \~40: 41.47: 43< 4::J'/Cf';:C~: " . 3Q, '1"~ _. ~~ _ '" ...... .~ <~., 't_. ~ .:.Jol.,.. g ~ ~~>~ ,DEL" ""AVeN OR" <l:J (......,;,' t ~ 3;:' .?: I <u:(i ~.;. ~ "31..i!' l~,. _ 37 '!". __~:--; f"') r: .... - , 7 u.:., '. -- I'''"'\'''' " !.!..t~ ... ~'2 i ~ \.... (:) ~ 41 l r '~}~'~':~r' ~ :..Q ~ ~ ~~"'~:J 0 . ' . - ' ,~r /. I; Q~ ~ 10(: Q I 'If.. 35" .. 30 ,'(, IA' '\' ~ GovJ Lot 4 - , LM. ,..,,50> Y-:1 ~ 42- I I I I =~"X~'~l' '0 I~j .~ 1; I I ' .'< \' \ /1 2,<," j ,L.-::,.... "," II _ .~~ . - -~-t,: I / J 1/( 1/ , , EAA-2 , 41S ;' , ,J._, I , \1 i! !I I) I ! O~26/. I / , Cullum Annexation : Ii': / I I II Ii I' I' ; I .' I i :/ / ' I 'i I ) , , c '" ..L "I 01 , '6f '" -- -"~ ,-.;.1 I I r , , I I ! , , ;> _I''', c, '"'I ! 1) C frY [f (Rffiy [ffiJj FIJtl.I IIl3 8 zam [II) llfm [)Jf BY: Sp 1lJ GfD(Hl8Y: SV L ~ 300 I o , Number of Parcels: Total Acreage: ENCLAVE 40 - 2 .97 Assessed Value: $351,047 Estimated Population: 6 GENERAL CHARACTER LEVEL OF SERVICE SUMMARY Enclave 40is occupied by two single Fire & EMS ................ .. A family homes on two lots. The north Police .. .. .. .. .. .. .. .. .. .. .. .. .. .. A lot is .2 acres, and the south lot .67 Water .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. A acres in size. Sewer .......................... .. A Access .. .. .. .. .. .. .. .. .. .. .. .. .. .. B Code Enforcement .. .. A CUMULATIVE .. .. .. .. .. .. .. .. .. .. B , . LAND USE EVALUATION FINANCIAL EVALUATION Proposed Zoning ........ and R-lAA REVENUES: RM Property Tax: $1,8eS Plan Zoning and Per Capita : 1,042 Use are Consistent .. .. .. .. .. .. .. .. Yes TOTAL: $2,868 Zoning and City Plan are Consistent, Use Becomes Nonconforming ........ . No EXPENDITURES: Operating : $1,068 Use is AccollUtlodated Additional Through a Zone Which is Operating : Inconsistent with the Total Operating: $1.,068 City Plan .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. No Capital: Number of Enacting Ord. . . . 1 COMMENT: COMMENT: - 'J ORDINANCE NO. 26-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOT 59, DELRAY BEACH SHORES. A SUBDIVIS ION AS RECORDED IN PLAT BOOK 23. PAGE 167. IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED ON THE NORTH SIDE OF BROOKS LANE. BETWEEN STATE ROAD NO. AlA AND THE INTRACOASTAL WATERWAY: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant to the Delray Beach Enclave Act. t,he City of Delray Beach called for a referendum of those qualified electors withIn the City of Delray Beach and the enclaves that would be subject to annexation under the Act. wIth said referen- dum held on November 4. 1986. in conjunctIon wIth a general election for Palm Beach County. Florida; and. WHEREAS. the referendum held on November 4. 1986. was approved by a single maJorit.y vote of said qualified electors: and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and. WHEREAS. the City of authorized to annex lands in Enclave Act. Delray Beach has heretofore accordance with the Delray been Beach NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS, fu:,ction L That the Cit.y 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-wi t.: Lot 59. DELRAY BEACH SHORES. a Subdivision as recorded in Plat Book 23. Page 167. In t,he Public Records of Palm Beach County. Florida. The subject property Is located on the north side of Brooks Lane. between State Road No. AlA and the Intracoastal Waterway. The ahove described parcel contains a 0.20 acre parcel of land. more or less. /5 Sp.ct,ion 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 R-1AA (Single Family Dwelling) 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. ~liQn_5._ That t.his 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. ~li=_~ That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. SecllQD-_:L~ That. should any section or provision of this ordinance or any portion thereof. any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this 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. 26-88 DEPARTM_NTAL CORRESPONDENCE ~!l3JECT ~R O. ~ARRY, CITY MANAGER ~Cc"~~ ~CQV David J. Kovacs, Director Department of Planning and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 ANNEXATION OF ENCLAVE 40 WITH R-IAA ZONING ."jM 1),\ 1l 4- 20-88 ITEM BEFORE THE COMMISSION: The action requested of the Commission reading, of an ordinance annexing the one Cullum annexation) comprises Enclave 40. is approval, on first parcel which (after the The property is located on the north side of Brooks Lane, west of AlA. BACKGROUND: The Planning Department processed the balance of Enclave 40 concurrently with the processing of a private annexation petition for other property within that enclave. The subject property has a single family home which receives water and sewer services from the City. Brooks is a City street. Level of Service to this parcel is "A". Additional background material Zoning Board staff report which agenda item (Cullum Annexation). is was found in the Planning and prepared for the preceding Planninq and Zoning Board recommendation: At its meeting April 18th, the Board held a public hearing on this item recommended annexation with R-1AA zoning. Other than representative voicing objection to any annexation under Enclave Act, there was no comment. of and CAPA the ALTERNATIVE ACTIONS: This item must follow the same course of action which was pursued on the Cullum annexation since, enactment is dependent upon annexation of the Cullum property. RECOMMENDED ACTION: Approval, on first reading, zoning of R-1AA and direction tentative hearing date is May of this enacting ordinance with to advertise the public hearing 24, 1988. No attachment: See Cullum Annexation for background material. 01\,<\ ~ """'" ref:DK#18/A:ccenc140 THE E'r j' U~.; TAL '.,\1/\ YS M f\ i i l.h, I~ ..:' ~:~ . ,";'.::' .. ;,':: ,',', M~ PLANNING 8 ZONING BOARD CITY OF OELRAY BEACH STAFF REPORT MEETING rnTE: AGENDA ITEM: APRIL 18, 1988 ITEM: TILF. CONSIDERATION OF THE BALANCE OF ENCLAVE 40 FOR ANNEXATION WITH CITY ZONING OF R-IAA . ,,~ ,~ j,! II(, 'u, PI. "~s. . , J " r _-'o........__~ ' / I,' , , i @ . ...... , .' " I I .11( .., PO '0' " , .,." HARBOR EDGE , T,., I, GENERAL DATA: OWner. . . . . . . . . . . . . . . . . . . . . . . . . . . Bough ton Hote 1, I nc. Location.......... ...... ....... .North side of Brooks Lane Description..... ................Lot 59, Delray Beach Shores Enclave Size.................... .2 acres (Excluding .77 acres of Cullum) Jurisdiction.... ................Palm Beach County County Land Use Plan.... ........SF (Single Family) City Land Use P1an..............SF (Single Family) County Zoning... ................RS (Residential Single Family) Proposed City Zoning............R_IAA (Single Family Residential) Current Use..... ............ ....Sing1e family home Water Service....... ........... .Existing on site Sewer Service....... .......... ..Existing on site ITEM: JI[F ..: ,~:x '-~.' ,".-"; . '-'1 ',','. .'.'. tit , " DEPARTfv.~NTAL CORRESPONDENCE [ITV DF DELRAV BEA[H ~) ~~~j TO ~R O. BARRY, CITY MANAGER Davif~~J~~?lN-~or Department of Planning and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 SUBJec, ENACTING ORDINANCE, FIRST READING TEITZMAN ANNEXATION WITH R-1AAA ZONING 4-20-88 F-nO~,l ITEM BEFORE THE COMMISSION: The action reading, of annexation. requested of the commission is approval, on first the enacting ordinance of a voluntary petition for The attendant zoning is R-1AAA. A public hearing will follow at second reading. hearing date is May 24, 1988. Tentative BACKGROUND: This is a private petition involving 4.2 acres located south of Germantown Road, immediately west of Andover Subdivision. There are structures on the property. While water and sewer exist on Germantown Road, these services are not presently used on the property. There are no firm plans for development at this time. The applicant may process a request for a child care (ranch) facility subsequent to annexation. If so, it will be subject to hearings through the conditional use process. The property is a part of Enclave 69 which Subdivision. A companion hearing was held Zoning Board on the balance of Enclave 69, has not yet been forwarded on that item. includes the Woodvue at the Planning and but a recommendation At the Board's public hearing, concerns were aired regarding future development of the Teitzman property and the situation wherein the City's R-1AAA zoning allows for 12,500 sq.ft. lots whereas Woodvue Subdivision is comprised of one acre lots and the current county zoning of RT (Residential Transitional) allows lots of one acre and greater. It was noted that the Andover Subdivision immediately to the east is R-1AAA and the Verona Woods Subdivision immediately to the west of Woodvue is R-1AAA and each has lots of 12,500 sq.ft. Planninq and Zoning Board recommendation: April 18, 1988, the Board forwarded recommendation of approval. The balance forwarded but was continued to a May 23rd At its meeting of this request with a of Enclave 69 was not special meeting date. I CtI T E;-i '_'c-,- A "I' ! ~ ~ TO: Walter o. o__.:ry, City Manager RE: City commission Documentation Regular Meeting of April 26, 1988 Enacting Ordinance, First Reading Teitzman Annexation with R-1AAA Zoning Page 2 ALTERNATIVE ACTIONS: 1. Approve the enacting ordinance on first reading and proceed to second reading and a public hearing. 2. Deny the enacting not appropriate applicant with an ordinance (this course of action in that it does not provide opportunity to be heard) is the 3. Continue, (this course of action does not appear appropriate in that the zoning of R-1AAA is the most restrictive of the City's zoning designations and is thus, the most appropriate. RECOMMENDED ACTION: Approve the enacting ordinance and direct that notice be provided for a public hearing at second reading tentative hearing date is May 24, 1988. Attachment: - planning and Zoning Board staff report ref:DK#18/A:cctietz PLANNING 8 ZONING CITY OF OELRAY BOARD BEACH STAFF REPORT MEETING ORTE: APRIL 18,1988 ITEM: AGENDA ITEM: CONSIDERATION OF AN ANNEXATION REQUEST (TEITZMAN) WITH INITIAL CITY ZONING OF R-1AAA ON PROPERTY SOUTH OF GERMANTOWN RD. NORTH OF THE L-37 CANAL AND WEST OF ANDOVER SUBDIVISION. III.E .;- ;:. ~ A. , ..."" ~~ I .' ~' ,. ~~ ~...", -I <6111 ...~ .,{<. ... ---r ---,:'~~~-I -._-~ ;'1 .ANOOv~R~)II II ~ Sff-1fQN. I : J. ' - 4B~ . 1- r ~! p ~,55,'!>6 r ' I ':' . ---:- ISAQAL '-'''( I' ---., -- I co..oo~' , 'j\(...~ T......'I::: . : V' ...., ~.. - c: ;..~~__ .......... 0" ....." _ C' ca GENERAL DATA: Owner...........................Sol and Hannah Teitzman Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Sal and Hannah Tei tzman Location. ................... ... .South side af Germantown Road, north side of L-37 Canal and west of Andover Subdivision Property Size.... . . . . . . . . . . . . . . . 4.2 acres /, County Land Use Plan............Low-Medium Residential County Zoning... ... ............ .RT (Residential Transitional) City Land Use Plan..............SF (Single Family) Adjacent Zoning................ .North of subject property is PRD-10 (Planned Residential Development); south and east 1S R-1AA (Single Family) and west lS R-1AAA (Single Family) Existing Land Use...............Single Family residential and rental units Proposed Land Use...............Child Care Ccnter Water Service...................Available on the north side of Gcrmantown Road Sewer Service........... ...... ..To be obtained from either Andover or Verona Woods Subdivision ITEM: IIfE 1 ORDINANCE NO. 27-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; SAID LAND IS LOCATED SOUTH OF GERMANTOWN ROAD. NORTH OF THE L-37 CANAL. WEST OF ANDOVER SUBDIVISION. AND EAST OF HOMEWOOD BOULEVARD. IF EXTENDED SOUTHWARD: 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 R-1AAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. Sol Teitzman and Hannah Teitzman. his wife. are the fee-simple owners of the property hereinafter described: and. WHEREAS. have request.ed by into the municipal Sol Teitzman and Hannah Teitzman. his wife. their petition to have the property annexed 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 followed in establishing the proposed zoning designation; and. WHEREAS, the City of authorized to annex lands in the Florida Statutes, 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: 5~ctiQrL-L_ That the Ci t.y 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-wi t,; PARCEL -A=- The North 150 feet of the West 185.91 feet of the Southwest Quarter of the Southeast Quarter of the Northwest Quart,er of Section 30. Township 46 South. Range 43 East. PARCEL B: The West 185.91 feet of that port,ion of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 30, Township 46 South. Range 43 East. lying South of Germantown Road: And the West 185.91 feet (less the North 150 feet thereof) of the Southwest ~larter of the Southeast Quarter of the Northwest Quarter of Section 30, Township 46 South. Range 43 East. o?7 PLANNING 8. ZONING BOARD CITY OF OELRRY BERCH STAFF REPORT MEETING OFlTE: APRTI. lR lQRR AGENDA ITEM: III.E ITEM: . . ~ Q!j &J - 21 .. , - . -\-,~ R .......... ..- . - ~. . . &,..., ~ ~ ...... .....;... G NERAL o..rO(,IJi. CONSIDERATION OF THE BALANCE OF ENCLAVE 69 FOR ANNEXATION WITH CITY ZONING OF R-IAAA IS ,4 ,{ 1!~r )13 ~6 ~ I? 1sAaAl ~UfE d CONOO . '(pr,._~ I Ttww4) J I > ~ . ~ . " . 0 o ~ .. DRTR: '. ..1.mclli C. " ""I""Cn S. "....Is ~nlhony " Mcrcedes M. Prieto John A. Crant Jr. Leon L K.len CUllY Edward F. " Alta E. Goru.ky JI. P.....l G. Helkel Kim E. ac.chler " Carol L....ci.' VlrQl1 J. " ~r)orle A. Slinker E.P. " Catnerlne E. Ci....li.no Fr.nk , Diane Lavern1. J.,." L. " Barbllea Kan....pell1 Mitchell T. " Anna M. Kckae Th~s Spink Loc.t~on.... . .........South 51de of ~r~ntown Road, ~orth side of L-l7 Can.l and ~"t of Verona Woods S....bdivl&lon. north~st corner of Germantown Road and HOlftIe"oo'OOd Boulevard ~scrlptlon. . ...Woodv....e Subdlvl"lon/tr~~ nurs~ry north of GermAntown Road Enclav~ Siz~. ......16.81 acr~s Juruidictl0rl. .. ..Palm ~ach County County L~nd Use Pl.n. .LQw - Medium Rcsidenti.l (1~.94 .cr~cl .nd Medi~ - Medium Hiqh ~nsity Residcntl..l (.87 Acresl .Sinqle Family .nd Aqricultur..l ~esldenti.l TransltLOnal City Land U",e Plan.. _. County Zon1nq... .......RT IResidential Tr.nsitional) (1 acre "'Lni"H.uI'l) PrOPOsed CIty Zon~nq.... ... .R-IAAA ISinqle FoAlllily ReSidential) and ART (AqrLcultural Residential Transition.l - .B1 .acrcs) Current Usc.. .. ...SInqlc Fa"'lly (1~.94 acresl and Nursery (.B1 .ere", I ....t..r ServIce. .............A....Il.ble on th.. nOlth si.de 01 Ger"'antown ROo!ld. ITEM: I1I.E Sewer SerVIce. .. ...To be obt.lned from eIther the Andover or verona Woods Subdi...islon ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a voluntary annexation and initial rezoning to R-1AAA for a 4.08 acre parcel on the south side of Germantown Road at approximately Homewood Boulevard extended. This is a portion of official Enclave area No. 69 and the balance, approximately 16.93 acres is being annexed by the City under the Enclave Act with initial zoning of R-1AAA and ART (Agricultural Residential Transitional). Background: Little background information is available as this land is under County jurisdiction. At present, 5 structures exist on the 4.08 acre tract, two being old dilapidated structures sitting on cinder blocks, and one single family home and two additional rental structures. The applicant has indicated an intention to develop a child care center at this location. This is allowable as a Conditional Use within the R-1AAA Single Family District but will require a separate Conditional Use application with accompanying Site Plan and compliance with Sections 30-2l(D) (Conditional Use), 30-22(D) (Site Plans) and 30-l7(M) (Child care). The balance of the enclave consists of a 12 lot single residential area (Woodvue Subdivision) with 8 large homes, vacant lots, and an agricultural lot of approximately located on the north side of Germantown Road. family and 4 1 acre The current City Land Use designation for this area is (SF) Single Family for the petitioner's property as well as the Woodvue Subdivision residential area. The agricultural parcel located on the north side of Germantown Road has a designation of (ART) Agricultural Transitional Residential. Annexation Analysis: The 4.08 acre tract requested for voluntary annexation is contiguous to the City via the property to the east and south (the Andover Single Family Development) and Germantown Road to the north. The Woodvue Subdivision is contiguous via a residential single family area Verona Woods to the west, Andover to the east and Germantown to the north. The small agricultural parcel on the north side of Germantown Road is contiguous via residential areas to the north, west, and east Water is available along Germantown Road via a (12" main). The Woodvue Subdivision as well as the structures on the 4.08 acre tract are presently served by septic fields and wells. To provide water to Woodvue Subdivision, a minimum 6" water main will need to run down Greenbrier Road with 1 1/2 inch taps for each house. Two fire hydrants would need to be installed from this main. Sewer would be provided by a gravity feed extended to a lift station located at the back of the Verona Woods Subdivision to the west. l TO: Planning and zoning Board RE: Staff Report - Teitzman Annexation/Rezoning Page 2 Easements would need to be obtained to extend sewer service over private property. with any single family subdivision development of the Teitzman property (approximately 10 homes could be constructed), sewer and water extensions would be provided by the developer. The agricultural property north of Germantown could receive water from the 12" main on the north side of Germantown Road. Sewer could be provided by tapping into existing sewer within the Crosswinds Phase I development directly to the north (easement may be required). The agricultural tract is presently vacant and utilizes no City water. The property is part of an official "Enclave" area No. 69. Annexation at this time will not severe the balance of Enclave area No. 69 nor create an additional Enclave as the balance will be annexed concurrently. Pursuant to the City's" Enclave" report, this specific property will receive a cumulative Level of Service C and is flagged having an overall standard of development less than full City standards. This is due to the lack of sewer and City water to this area, but immediate need for infrastructure is not required. There is no required findings other than annexation will not create an enclave, required by Florida Statutes prior to approval of a voluntary annexation. Comprehensive Plan Matter: The current City Land Use designation for this area is (SF) Single Family for the petitioner's property as well as the woodvue Subdivision residential area. The agricultural parcel located on the north side of Germantown Road has a designation of (ART) Agricultural Transitional Residential. The existing Land Use designation is consistent with the surrounding area. Zoninq Analysis: The proposed zoning designation for the balance of the "Enclave is R-1AAA from the county designation of (RT) Residential Transitional. The agricultural parcel north of Germantown Rd. is proposed to be changed from the county designation of RT Residential Transitional to (ART) Agricultural Residential Transitional in the City. The application has been assessed under Section 30-23(D) "Standards for Evaluating Rezone Requests". Standards #1 and #2 (will the change be contrary to the proposed Land Use Plan or existing Land Use pattern). The change will be consistent with the proposed Land Use designation of (SF) Single Family and the existing Land Use pattern of (SF) Single Family. 1 TO: Planning ar,~ zoning Board RE: Staff Report - Teitzman Annexation/Rezoning Page 3 standard *3 (spot zoning). This proposal follows existing zoning patterns for this area. The parcel on the north side of Germantown Road would be bordered on the north and east by PRD-10 but could not be considered for this zoning classification as it does not meet the minimum parcel size requirement of 5 acres under Section 30-8.3(D)(1). standard *4 (load on public facilities). This proposal is consistent with the Land Use designation for which public facilities have been planned. The area currently has access to City water and sewer which exist via a 12" main along Germantown Road. The Teitzman property as well as the Woodvue currently have septic fields and wells on site. standard *5 (district boundaries illogically drawn). Proposal corresponds with (SF) Single Family lot lines and tracts as well as compatible adjacent uses. Standard *6 (changing conditions made rezoning necessary), Standard *7 (change adversely influence neighborhood), Standard *8 (change create increase traffic) and Standard *9 (change create a drainage problem). These standards do not apply as this is existing single family uses to be annexed as is. Future development of additional single family units would have little effect on these standards and have been planned for by the previously assigned Land Use designation. standard *10 (changes impact on light and (effect of property values). Do not apply structures. Any future residential consistent with surrounding residential air) and Standard *11 as these are existing development would be uses. Standard *12 (deterrent to improvement of adjacent properties). The proposed zoning would not be a deterrent to residential uses as the zoning is the same. standard *13 (special privilege). Granting of this request not constitute any special privilege to this property owner to other property owners within the "Enclave". does nor Standard *14 (property used with existing zoning) and Standard *15 (change out of scale, standard *16 (other areas with appropriate zoning) and Standard *17 (sufficient evidence for need of change). These standards do not apply as this is an existing use and the application is for initial zoning. TO: Planning anu Zoning Board RE: Staff Report - Teitzman Annexation/Rezoning Page 4 Assessment and Conclusions: The property is eligible for annexation and it is City policy to annex whenever possible. The present site in the voluntary annexation request contains five structures, Two of approximately 888 sq.ft., one at 1,686 sq.ft., one at 1,120 sq.ft. and one at 1,152 sq.ft. None of these structures meet the required minimum aggregate floor area of 2,200 sq.ft. required in the R-1AAA zoning district. All five structures occur on one parcel and assessment of minimum lot dimensions and site area nor building setbacks were possible. Any future improvements or development of this property must conform to section 30-5 (R-1AAA) Residential and Section 30-24 Nonconforming uses. Alternatives: 1. continue with direction. 2. Recommend approval of the Teitzman voluntary annexation with initial zoning of R-1AAA and recommend approval of annexation of the balance of Enclave No. 69 with initial zoning of R-1AAA and ART upon positive finding with regard to the following: 1. That the annexation of Enclave 69 will not create an enclave(s). 2. That service will be provided to this property in a manner similar to that for similarly situated properties which are already in the City. 3. That the proposed zoning of R-1AA is consistent with the adjacent zoning and complies (does not conflict) with all of the seventeen standards for evaluating rezoning requests as found in Section 30-23(D). 4. The proposed zoning is consistent (does not conflict) with the existing County zoning of RT (Residential Transitional) or the existing use (single family home) and agricultural use of the property. 5. The proposed zoning is consistent (does not conflict) with the City's Land Use Plan designation of (SF) Single Family and ART (Agricultural Residential Transitional) for the property. Recommendations: Alternative action #2. ref:PD#4/A:teitzman I 1~~1 fNClAVE ACT STUDY ~ EAA-5 IZ EAA-4 f",s . , 0: '0 . [rTY (f lE..ffiY BEfD1 [lJ'f BY: Sp :m Ftfffil~ g ZO~11{) [Fffi Df[)(ED BY: SV I t II f ,~ 0-260. ~ rei tZlIan IT Annexation II II SA I \ (Pa ~\ ,L;3L d GOT?:, o I MAP: W \ lJO I ~ ENCLAVE 69 Number of Parcels: Total Acreage: 16 21.01 Assessed value: $1,667,860 Estimated population: 30 GENERAL CHARACTER LEVEL OF SERVICE SUMMARY The Woodvue Subdivision ( 15.94 acres, Fire & EMS ................. .. B 8 homes. 4 vacant lots) south of Police .......................... .. A Germantown Road and three agricultura Water ............................ .. A parcels with two homes. on" parcel Sewer ............................ .. B lying north of Germantown Road (.87 Access .......................... .. B acres) and two parcels (4.2 acres) Code Enforcement ...... .. A east of the Woodvue Subdivision. CUMULATIVE .................. .. C . LAND USE EVALUATION FINANCIAL EVALUATION Proposed Zoning . . ,R-1AAA & ART REVENUES: Property Tax: $ 8,673 Plan Zoning and Per capita : 5,211 Use are Consistent ............. .. Yes TOTAL: S 13,884 Zoning and City Plan are Consistent, Use Becomes Nonconforming ........ .. ~o EXPENDITURES: Operating : $ 5,340 Use is Accommodated Additional Through a Zone Which is Operating : 482 I, Inconsistent with the No Total Operating: $ 5,822 City Plan ................................ .. Capital: -0- Number of Enacting Ord. .. . 2 C. 1. P., Development COMMENT: COMMENT: No apparent problems " * Water and sewer is available along Germantown Road. Woodvue is on septics and wells. While there should not be a need for provision of infrastru~ture, this enclave is flagged as having an overall standard of development less than to full City standards. l'_...:"~" J ~ ~ f, '. leG' , I i I , ~~ r- U . ell'.. 'PO '87- .=f.f' ",-:-,,': '.'... "., 1ES-._:_...~.;Z1 .Jit...'.,:...~.....:-.:.~ . .. ..... ~"""" . ~ I ,. J ....... 'f ):'1 . . ... .. I"", . -- ., " .-----' LAI! . . 1;1/ .'...... . ~. 'II ~ , l' " I"......... __....1,1 - '. . ; ..,.....~.... '" II ..... n _....... : ...~",.... ......- .....10.......... -......... . .- MF-IO, 6 MF.IO Q.,,4t, ....,ro 1Ir.., SF fRD-' . ' , ! - o " ;> -SF .' " II I' 1 I' " \ \ ,\~- - , , " , , - 1---- '~~ CROSSW:NDS I (44-34thru36) 1THECROSSWINO I (43-5665 ~/'/" - \ , / ' ------/ 1';-;- ~.-(.' THE PHASE n - , PARCEL "A" .' --.--' \ ~:r:: '~:'WIND AT \\W~SSWINO V CONDO a~~ SOUTH WINOS ,\. ~ CONDO .. ~ ~.-' ~ , , ' ;::.... ~ ~ " " " .. ,,' ,. " i 1(. ~ J I " " I BEGONIA CT I " a " z 4 "" -, ~ ... 32 . '" c " r . ~ .' 10_' .- 4- c .~ . "AY ~ < " ...:3z /a:, ",",' li[HO'" " ,. 35 3'1 , ,.- ,/~. . ..' /.-. . ~ 24 ~ G!:) 4' { zs CIRCLE ~ 'oof"J-t c^ "il- '.Jt..) . , "- "- ABBEY DEc..RAY'v SOUTH (41-96 thru98) l',l.t;{lt F " /// "'.:1', .0' ~ PAF ~ ; . . ~ ; .1 ORDINANCE NO. 28-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD. BETWEEN N.E. 22ND STREET AND GULFSTREAM BOULEVARD, AT THE NORTHWEST CORNER OF THE ATLANTIC HIGH SCHOOL SITE; 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 CF (COMMUNITY FACILITIES) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. Palm Beach County. a political subdivision of the State of Florida. is the fee-simple owner of the property hereinafter described: and. WHEREAS. Carol A. Roberts. Chair. Board Commissioners. on behalf of Palm Beach County. a subdivision of the State of Florida. has requested by tion to have the property annexed into the munIcipal the City of Delray Beach; and. of County poll tical her peti- limits of 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 prOVlS10ns of City Code Section 30-23 have been followed in establishing the proposed zoning designation: and. WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: SectioD-l._ That the City Counci 1 Beach. Palm Beach County. Florida. hereby the following described land located in Florida. which lies contiguous to said City eif the City of Delray annexes to said City Palm Beach County, to-wi t: Portion of the Southeast One-Quarter (SE 1/4) of the Northwest One-Quarter (NW 1/4) of the Southwest One-Quarter (SW 1/4) of Section 4. Township 46 South. Range 43 East. Palm Beach County. Florida. being more particularly described as follows: The South 341.26 feet of the North 391.26 feet of t,he East 345.00 feet of the West 385.00 feet of the Southeast One-Quarter (SE 1/4) of the Northwest One-Quarter (NW 1/4) of the Southwest One-Quarter (SW 1/4) of said Section 4, 0(0 .1 The subject property, is located on the east side of Seacrest Boulevard. between N.E. 22nd Street and Gulfstream Boulevard. at the northwest corner of the Atlantic High School site. The above-described acre parcel of land. parcel contains more or less. a 2.67 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 CF (Community Facili- ties) as defined by existing ordinances of the City of Delray Beach. Florida. Section L. 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 mal' be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section~ 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 all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 7., That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence. or word be declared by a Court of competent jurisdiction to be invalid. such decis ion shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this 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. 28-88 DEPARTM~NTAL CORRESPOI\lDENCE LilY OF DElRRY BEA[H ..,. ~ ,. . ~ ~~~-~ TQ:WALTER 0'0 B~RR~C~TY MANAGER CV0J J. U(ee..,. avid J. Kava 5, DlreCEOr FRO" Department of Planning and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 ENACTING ORDINANCE FOR THE AQUA CREST ANNEXATION WITH ZONING OF C.F. 4-20-88 SLJ8JFCT ITEM BEFORE THE COMMISSION: The action requested of enacting ordinance for upon which the public the school grounds of the Commission is first reading of the the annexation of County owned property pool is located. The property is within Atlantic High School. A public hearing will be held at second reading. The tentative hearing date is May 23, 1988. BACKGROUND: At the time that Atlantic High School was annexed to the City, the County owned pool site was not. Subsequently, the County has authorized annexation proceedings to begin on its property. The County had requested R-1AA zoning which is identical to the designation on the High School property. The planning Department has corresponded with the county relative to proceeding with C.F. zoning. There are no unusual aspects to this item. encompass, in its entirety Enclave 4. The property does Attached is the Planning and Zoning Board's staff report which provides more background information. Planninq and Zoninq Board recommendation: At its meeting of April 18, 1988, the Board recommended approval of the annexation with accompanying zoning of C.F. ALTERNATIVE ACTIONS: 1. Approve the enacting ordinance on first reading with CF zoning unless an objection to this zoning designation is aired by the county. 2. Continuation or denial are desirable courses of action. not appropriate ,or '2--0 T~c EfFOP,T ALV~A{) M.o":,: TO: Walter O. B~rry, City Manager RE: City commission Documentation Regular Meeting of April 26, 1988 Enacting Ordinance for the Aqua Crest Annexation With Zoning of C.F. Page 2 RECOMMENDED ACTION: Approve the enacting ordinance on first reading and direct that a public hearing be noticed for second reading -- tentative date of May 23, 1988. Attachment: Planning and Zoning Board staff report ref:DK#18/A:ccaqua SUPPLEMENTAL INFORMATION AGENDA ITEM III.C REGULAR MEETING - APRIL 18, 1988 PLANNING AND ZONING BOARD PUBLIC HEARING RE AQUA CREST ANNEXATION: The petition submitted by Palm Beach County requested R-1AA. That zoning designation is the same as exists on the balance of the School District property (Atlantic High School) and nearby residential use to the north. The public hearing before the Board has been advertised with both the R-1AA designation and the option of Community Facilities (CF) . At some time in the future, the City will initiate rezoning actions on all of its holding to place them in the C.F. Community Facilities zone district. Upon enactment of a revised zoning code and map (subsequent to adoption of a revised plan 'under the State Comprehensive planning Act), it is anticipated that all property which involves uses allowable under the C. F. district will be zoned as such. Thus, we now have an opportunity to begin the process of affixing the C.F. zone district and it appears appropriate to do so. I have notified Palm Beach County of this situation and provided that if we do not hear from them (in objection) prior to March 26th (City Commission's first reading of the enacting ordinance), we would proceed with the C.F. designation. With regard to either zoning district, the existing use of a public swimming pool is not listed as a permitted or conditional use. Similar uses are found in each district. The "purpose statement" of the C.F. district best accommodates the existing use. Direction from the Board: The Board should provide direction to proceed with C.F. zon~ngs when possible, or in the alternative, stay with the previous designations (e.g. R-1AA in this case) until we (the City) take a more concerted action with regard to rezoning many parcels C.F.. (' " ,\ \\) ,_(tJ- ~~-L \ tc +)8-00 PLANNING 8. CITY OF OELRRY LONING BOARD BERCH STAFF REPORT MEETING DATE: AGENDA ITEM: APRIL 18, 1988 III.C CONSIDERATION OF ANNEXATION OF THE AQUA CREST SWIMMING POOL AT ATLANTIC ITEM: HIGH SCHOOL WITH INITIAL CITY ZONING OF R-IAA OR rF r(1MMI1NT'I'V F&rn T'I'TF<: -. ... If" _ ~~ , ~ CA't:SI ~ .... ,~- ." 1.."t,.. ,,,; :, -; 1'M ,.,....~~ ,..... 1"~ :',~ l'~ ,. ATLANTIC MIGH SCH OL :'.J'~ < " , ., " -,..~ .:. GENERRL DRTR: Owner...... ........._.... .......Boatd of County CommlSSloners Agent........................... .Board of County Commissioners . East side of Seacrest Boulevard Locat1on... ........ ..... .... ....between NE 22nd St. and Gulfstream Boulevard Description. . .. .... . ... . ........ East side of Seacrest Boulevard and south of Seacrest Lane, on the northwest corner of the Atlantic High School site Enclave size.................... 2.67 acres Jurisdiction.... _.............. .palm Beach County County Land Use Plan.... ........LM {Low to Medium Density Resident1all City Land Use plan....... .......P (Public) County zoning.................. .RS (Residential Single Familyl Proposed City zoning. ... ........R-1AA (Single ~a~i~Yl or CF (Commun1ty Fac1l1t1es) zoning................ .North, south and east of subject . property 1S zoned R-1AA. West 1S zoned County RS (Residential Single Family) I\djacent Existing Land Use.... ... .... ... .Aqua Crest Swimming Pool Proposed Land Use.............. . Aqua Crest Swimming Pool Water Service........... ....... .Existing on slte Se....er service.................. .Existing on site ITEM: TIre. , ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation the annexation and initial zoning of (CF) Community Facility the Aqua Crest Pool site. This site was not annexed Atlantic High School was annexed on October 8,1985 as it was owned by the Palm Beach County School Board, but owned by Beach County. on for when not Palm BACKGROUND: The Palm Beach County School Board acquired the Atlantic High School property, forty (40) acres on August 5, 1948 and constructed Atlantic High School. The School Board agreed on November 15, 1977 thru Resolution No. 77-1273 to convey a then vacant 2.67 acre site to Palm Beach County for construction of a public pool. A deed conveying this site was executed on September 20, 1978, and a pool was constructed on the site soon after. On August 21, 1985, the Palm Beach County School Board passed a resolution and on September 3, 1985, forwarded it to the City requesting annexation consideration subject to R-1AA zoning for the remaining 37.33 acre School site. Formal application was made on September 24, 1985, final action was taken on this annexation request by City Commission on October 8, 1985. At this time City Administration was directed by City Commission to seek voluntary annexation by the Board of county Commissioners for the Aqua Crest Pool site. On November 13, 1985, a request was made of the County Commissioners for a voluntary petition for annexation, yet no response was received. On February 12, 1987, the planning Department was directed to seek voluntary annexation and requested this action on February 27, 1987. After receiving, on April 6, 1987, additional information from the City, the Board of County Commissioners approved the request on April 28, 1987. However, no resolution was included in this action authorizing the Chair to execute the appropriate documents. On October 2, 1987, a follow up request for a status report was sent by the Planning Department and on February 2, 1988, thru Resolution No.88-75, the Board of County Commissioner's approved the voluntary annexation application for the Aqua Crest swimming Pool. The formal application was received on March 4, 1988, and is the petition before you. Annexation Analysis: The property is contiguous to the City via the Atlantic High School site annexed by Resolution No. 111-85 on October 28, 1985. The site is serviceable in that the sewer and water are currently provided to the site. TO: Planning a ~ Zoning Board RE: Staff Report - Aqua Crest Swimming Pool Annexation/Rezoning Page 2 This property is Enclave No.4 of and annexation will not severe the entire enclave will be annexed. the official "Enclave Report" balance of the enclave as the pursuant to the City's Enclave Report, this specific property will receive a Level of Service A upon annexation at no substantial cost to the City. There are no required findings other than annexation will not create an enclave, required by Florida Statutes prior to approval of a voluntary annexation. Comprehensive Plan Matters: The Land Use Map identifies this area as (CF) Community Facility. The property is within the Community Redevelopment Land Use area, This plan is currently under review by the State as an amendment to supersede the existing Land Use Map for the area. The Community Redevelopment Plan designates this area as (R) Public Recreation. Zoning Analysis: Standard #1 and #2 (will change be contrary to the proposed Land Use plan or existing Land Use Pattern) - The change will be consistent with the surrounding R-1AA designation given to the school site. This is the appropriate land use designation for the existing uses. Standard #3 (spot zoning) - This proposal is compatible to surrounding zoning classification and existing uses. Standard #4 (load on public corresponds to the land use facilities have been planned. facili ties) designation This designation for which public Standard #5 (district apply as the boundary larger school site. boundaries illogically drawn) - Does not follows the existing uses and is part of Standard #6 (changing conditions made rezoning necessary), Standard #7 (change adversely influence neighborhood), Standard #8 (change create increase traffic), Standard #9 (change create drainage problems), Standard #10 (changes impact on light and air) and Standard #11 ( effect on property values) These standards do not apply as this is an existing use to be annexed as is. Standard #12 (deterrent to improvement of adjacent uses) Standard #13 (special privilege) - Granting of this request not effect these standards as it is an existing use and zoning proposed is the compatible category. and will the TO: Planning a. . Zoning Board RE: Staff Report - Aqua Crest Swimming Pool Annexation/Rezoning Page 3 Standard #14 (property used with existing zoning), Standard #15 (change out of scale), Standard #16 (sufficient evidence for need of change) and Standard #17 (sufficient evidence need of change) These standards do not apply as this is an existing use and the application is for initial zoning. Assessments and Conclusions: The property is eligible for annexation and it is the City's pOlicy to annex whenever possible. Considering the continued effort of the City Administration by direction of the City Commission to have the County petition for voluntary annexation, recommendation for approval should be forwarded to the Commission. The proposed zoning classification of (CF) Community Facility is appropriate for this use. ALTERNATIVES: 1. Recommend approval of annexation subject to similar to the designation given to the School. R-1AA zoning Atlantic High 2. Recommend approval of annexation subject to (CF) zoning. RECOMMENDATION: Alternative #2. ref:PD#4/A:Aquac l ~'11 ENClAVE ACT STUDY MAP: A 1 .. I ~ i 'JI 0, "j .: ! : , I " " , 'I ~z , (Q,-,~~I ~, ~ .. ~ ,I .. I " " " v, GULl" ~ ~ ~. ,~' . "\~. c ~ .4.:; '" , " '" .. ~ H ... '" " '" I~ , 00' , '/':'i ~':',~E ~"'I Z3 .. , , , I ~ .. ..~'" , .. . '. ;3C . , 'C .- 2 , I , , ~ ~ . ~ ~; . . . ) ;.,).,) ~.~ ~ ~- :~=~"ur .": ,1 ': 'S 1 ' ' . i Co A /":': :C') N K 23 a IJ .1 . '!. 21; ::::: 23.: Z.J" :'5 :: Bk~' F"e~9r :, ~ 30 oj ~':1 28~ ?7q 26 ATLANTIC ... ~ ~~ = " . J,d y,'1 :,_"1 3~ 'I ~ Q "0 ,.) 3 c " ~ 80. " " 'I ,>c f-.. I~ ~ II) ~'l.J~ , Cl:: 10'" <i V "' l.t.J ')0 .... ~., 00 ,.~ " , , =~~:lYSP 51]:if Q , ~ ENCLAVE 4 Number of Parcels: Total Acreage: I 2.7 Assessed Value: 0 Estimated population: 0 GENERAL CHARACTER LEVEL OF SERVICE SUMMARY Enclave 4 the Aquacrest Pool. Fire & EMS .................. .. B is Police A owned and operated by Palm Beach .......................... .. Water ............................ .. A County. Sewer A ............................ .. Access .......................... .. A Code Enforcement ...... .. A CUMULATIVE .. .. .. .. .. .. .. .. .. .. B LAND USE EVALUATION FINANCIAL EVALUATION Proposed Zoning .................. .. CF REVENUES: Property Tax: - 0 - Plan Zoning and Per Capita : Use are Consistent .............. .. Yes TOTAL : - 0 - Zoning and City Plan are Consistent, Use Becomes Nonconforming ........ .. No EXPENDITURES: Operating : Use is Accommodated Additional Through a Zone Which is Operating : Inconsistent with the Total Operating: - 0 - City Plan ................................ .. No Capital: - 0 - Number of Enacting Ord. .. . 1 COMMENT: COMMENT: No apparent problems No revenue or additional costs generated by annexation . DEPARTMENTAL CORRESPO."OENCE Ctrfl IrF DELR~~Y B'EAI:K ~~(~) TO ~R O. BARRY, CITY MANAGER \:.J6.~~ ') 110 Vl' C'L FROM DaVld J. Kovacs, Director Department of Planning and Zoning CITY CO~IISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 SUBJECT APPROVAL OF CONDITIONAL USE REQUEST AND ATTENDANT SITE PLAN FOR A CAR WASH AS AN ADDITIONAL USE AT THE CHEVRON STATION, NORTHWEST CORNER OF ATLANTIC AND CONGRESS AVENUE DATE 4-20-88 ITEM BEFORE THE COMMISSION: The action requested of the City Commission is approval of a conditional use request for a car wash as an accessory use along with its attendant site plan which involves bringing the entire Chevron site into compliance with the City's development regulations. Action is by motion. agenda. This item may be placed upon the consent BACKGROUND: This request was initially made in November, 1987. At first, the request was recommended for denial. It was determined that the entire site must be upgraded since the addition of the proposed car wash represented a significant intensification of use. This determination created some problems for the applicant; however, following a work session with the Board, revised plans incorporating all staff and Board suggestions was presented at the Board's meeting of December 21st. The Board's recommendation was forwarded to the City Commission but was withdrawn at the request of the applicant. He desired to return to the Planning and Zoning Board to discuss a requirement that only one driveway be allowed on Atlantic Avenue. Over the next months, revisions and documentation were provided by Chevron which resulted in the Board altering its previous position. The resulting site plan is recommended for approval by all administrative units and the Board. The C.A.B. has acted of the landscaping Horticulturist. on this project by approving it with details to be subject to approval of the City Also, this project is somewhat associated with an effort Chevron install a lift station and forcemain. installations, tentatively at the expense of Chevron and will provide sanitary sewer service to the lower Congress area. to have These Exxon, Avenue or\ C~,1 362 THE EFFORT ALWAYS MATTERS .... .......a TO: Walter O. B~Lry, City Manager RE: Approval of a Conditional Use Request and Attendant Site Plan for a Car Wash as an Additional Use at the Chevron Station, Northwest Corner of Atlantic and Congress Avenue Page 2 planning and Zoning Board recommendation is as follows: recommendation: The formal "that the conditional use of a car wash be approved and that the attendant site plan be approved subject to the following conditions: 1. that a revised site plan incorporating the two driveway concept, including the relocation of the existing driveways to the west, the landscaping concepts as presented in the revised site plan submitted on December 21, 1987, and with the location of the car wash on the northern portion of the site be submitted to the Planning Director and accepted and approved through the non-impacting site plan modification process, all to be completed prior to June 1, 1988; and, 2. that the revised site plan be submitted to the C.A.B. elevations and landscaping". (This condition has since been and building elevations for approval of the complied with. ) ALTERNATIVE ACTIONS: 1. continue with direction. 2. Deny the conditional use of a car wash with reasons stated. 3. Approve the conditional use request and site plan. RECOMMENDED ACTION: By motion, approve the conditional use of a car wash at the Chevron facility located at Atlantic and Congress and approve the site plan subject to the remaining condition as recommended by the planning and Zoning Board. Attachments: P & Z Report of December 21, 1988 p & Z Report of March 21, 1988 ref:DJK#18/A:ccchevcw "" - ~ PLANNING 8. ZUNING CITY OF DELRAY MEETING rnTE: BORRD BERCH STAFF REPORT DFrFMRFR 2%. 1987 AGENDR ITEM: ITEM: -- ~pk! Sinai of Palm 8eoc" County Ell<. 46 III.B CONDITIONAL USE REQUEST FOR A CAR WASH ADDED TO CHEVRON SERVICE STATION AT CONGRESS AND ATLANTIC AVENUE --- --- --~ GENERRL DRTA: PROJECT DATA: Ql.oIncr Agent Location Parcel size Land Use Plan designation. Zoning designation Adjacent zoning Current use Pl-uposcd use urisdiction Water service Sewer service - ..... L. i V) I . "~~5- ,'Jl..; IV) " ;>7 ,w I~ -..1; " L .. -'-- ---. o,.~.~ u ' ~- ~ ~- to .~ '''--;:; r ..".,,( hf , \1fT Cll"'.C Q" .2. PO I(!... ~- Chevron. U.S.A. lnc Harold Hickcox, Jr. \ I , J, 40_ \ Northwest corner of Mtlantic Avenue and Congress Avenue 1.2 acres Commercial General commercial tGC) GC to east, SAD south, and County zoning of IL to north and LN west. self-sel-vice gasolir:c st~tlOll ~nd convenience mdrt additiorl of an autc~atcd cat wastl City of Delray Beach available at the SltC not available at the site, d lift station and main extenSion 1~ necessary t--, I ,: , , ITEM: IILB To: planning and zoning Board Re: Staff Report December 21, 1987 Meeting Re: Chevron - Car Wash Page 2 ITEM BEFORE THE BOARD: The action being requested of the Board is that of approval of a car wash facility through the Conditional Use process. Normally a site plan is considered concurrently with the conditional use; however, unique circumstances have dictated that the site plan (in its final form) not be acted upon at this time. BACKGROUND: A review of project files reveals the following chronology of land use actions on this site: In March, 1980, a water service agreement was for this site -- the agreement contained the clause for annexation upon eligibility; executed standard-- '. I In May, 1980, through Ordinance 22-80, the site was annexed to the City as Light Industrial -- there was nd Planning and zoning Board review of that land use action; In 1987, the Planning considering application of Congress Avenue corridor, certain properties in appropriate in different to a plan amendment and General Commercial (GC). Ordinance 59-87 on August and Zoning Board, while the MIC District along the made a determination that the area would be more zone designations. This led a rezoning of this site the The zoning was enacted by 25, 1987; Subsequently, the City initiated a zoning text change which added "car wash establishment" as a conditional use in the GC District. The request for conditional use approval was submitted in November, 1987, for action at this regular meeting in December. PROJECT ANALYSIS: During initial staff review of the attendant site plan, several concerns were aired which, to accommodate them, substantially alter the site plan. Basically, the staff position is that the introduction of the car wash creates an intensification of use which warrants review and upqradinq of the entire site. The major aspects of the impact of this position is that: - ..... To: Planning ~_,d Zoning Board Re: Staff Report December 21, 1987 Meeting Re: Chevron - Car Wash Page 3 a) curb-cuts which are closest to the intersection of Atlantic and Congress should be closed; b) dedication should be provided for ultimate expansion of those streets and for intersection protection; c) installation of perimeter landscaping extending into the site should be measured from those ultimate right-of-way boundaries a 30' landscape strip is required along the adjoining arterials; and d) on-site parking and circulation areas/patterns must be clearly shown and must meet code. Another way to approach the proposal is that it not be so substantial a use intensification that total site upgrading is necessary. However, the facility would need to be relocated irt order to accommodate eventual dedications and resulting traffid flow on-site. , A compromise position (initiated by the applicant) is that the site be designed for ultimate right-of-way, that additional landscaping not be installed until such time as street widening occurs, and that the curb-cut along Atlantic not be closed (but the curb-cut along Congress be closed). A Planning and Zoning Board recommendation as to the approach to be followed is the heart of the action before you at this time. Standards for evaluation of conditional uses: Code Section 30-21-D which sets forth the evaluation of conditional uses. The apparent apply include: Attached is standards for sections which (1) ingress and egress with particular reference to automotive and pedestrian safety; (2) off-street parking and loading areas; and, (5) screening and buffering combined with (7) addresses required setbacks and open spaces. which .~. ....... To: Planning and Zoning Board Re: Staff Report December 21, 1987 Meeting Re: Chevron - Car Wash Page 4 ALTERNATIVE ACTIONS: 1. Recommend denial of the requested conditional use in that it creates an intensification of use which cannot be accommodated properly through the submitted site plan or alterations which would be agreeable to the owner. 2. Recommend approval of the requested conditional use, but that this recommendation not be forwarded to the City Commission until a site plan is also recommended for approval. Said site plan to reflect a compromise resolution to meeting strict application of development requirements. 3 . Continue with direction. q requested conditional use and ~ . '. s~te, 4. Recommend approval of the concept site plan conditioned upon approval of a final plan through the minor site plan modification process. RECOMMENDED ACTION: This item will be discussed with the applicant at the workshop on Friday, December 18th; thus, a recommendation is not set forth at this time. REF/DJK#10/B:CHEVWA.TXT -...a DEPARTMENTAL . CORRESPG, JDENCE t:~rrr CI. DelRR~ 11EA~H ~',n1 ~~~~/ TO ~lWAL~~R O. BAR~Y; CITY MANAGER \l...,_jeu:C JJ J!uuuL-- FROM David J. Kovacs, Director Department of Planning and Zoning CITY CO~IISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 SUBJECT CONDITIONAL USE AND SITE PLAN CONSIDERATION FOR EXPANSION OF WALLACE DATe FORD 4-20-88 ITEM BEFORE THE COMMISSION: The action requested of the Commission is approval of a conditional use request and attendant site plan which accommodates an expansion of parking area for the Wallace Ford Dealership located at Linton Boulevard and Germantown Road. The expansion involves property which was formerly the old alignment of Germantown Road. This may be a consent item. BACKGROUND: This expansion involves an extension of parking area onto 0.99 acres of adjacent property. The Planning and Zoning Board's staff report is attached and provides more information on the project. The property under consideration was recently annexed. It formerly compris~ the entirety of Enclave 35. There were no public comments or concerns raised Board's review. Appropriate findings have been made regarding compliance with conditional use and standards. during the by the Board site plan The landscaping plan was approved by the C.A.B. on February 10, 1988. Planninq and Zoninq Board recommendation: At its meeting of February 22, 1988, the Board recommended approval subject to two conditions. One, the filing of a boundary plat, is being accommodated in a companion item on the Commission's agenda. The other, removal of an abandoned 10" water main will be accommodated during construction. 7--7- C\'362 THE EFFORT ALWAYS MATTERS i&._ --- TO: walter o. F -ry, City Manager RE: City Commis~Lon Documentation Regular Meeting of April 26, 1988 Conditional Use and Site plan consideration for Expansion of Wallace Ford Page 2 ALTERNATIVE ACTIONS: 1. Approve per P & Z recommendation. 2. Deny with reasons stated. 3. Continue with direction. RECOMMENDED ACTION: By motion, approve the conditional use plan for expansion of the Wallace adjoining .99 acres parcel. request and attendant site Ford Dealership onto an Attachment: - P & Z staff Report of February 22, 1988 ref:DK#16/A:ccfordsp ~ - ......... PLRNNING 8. ~ONING CITY OF DELRAY BOARD BERCH STAFF REPORT -- - MEET r NG DATE: February 22. 1988 AGENDA ITEM: III. D. 1 TEM: WALLACE FORD EXPANSION... CONDITIONAL USE AND ATTENDANT SITE PLAN. FORMER TOWN RIGHT-OF-WAr ADJACENT TO EXISTING DEALERSHIP '~O ....... I t/ ~-- '''''' ~ ; ,. GENERAL DATA: General Data: OWner...........................William L. Wallace Agent...........................Roger Saberson, P.A. Digby Bridges, Marsh and Associates Location........................Northwest corner of Linton Boulevard and Germantown Road , Property size................... .9881 acres County Land Use.................Medium to Medium High Residential (M-MH) County Zoning...................Multiple Family Residential (High Density) RB; General Commercial CG City Plan Designation...........Commercial Adjacent Zoning.................SC to the north, east and west. CC to the South Existing Land Use...............Abandoned Germantown Road right-af-way Proposed Land Use...............Extension of Existing Display parking area for Bill Wallace Ford dealership Water and Sewer Service.........Adequate by extension of existing site1s service ITEM: :a:r. 0 ~ ...... ITEM BEFORE THE BOARD: The action before the Board is that of providing a recommendation to the City commission on a conditional use request and attendant site plan for the expansion of an existing Bill Wallace Ford automobile dealership. In a companion action, the property is being annexed and zoned. BACKGROUND: The proposed expansion of use encompasses a .71 acre increase to the existing Bill Wallace Ford dealership. The property which is being added is the former right-of-way of Germantown Road. Additional background creation of the property which was prepared for initial zoning. information about the abandonment and is found in the companion staff report Agenda Item III.C, the annexation and PROJECT ANALYSIS: The site development is governed by Code Section 30-12-N-5, special regulations for auto uses in the SC (Specialized Commercial) zoning district. A site plan has been prepared pursuant to these regulations. The analysis which follows, first addresses the standards for evaluation of site plans and conditional use requests, then, addresses specific concerns. Standards for Evaluatinq Site and Development Plans (Section 30-22-D) : Standards #1 & 2 (sufficiency of materials) and (Density or proposed use) are met in that the site plan submittal, was complete for analysis purposes and the proposed intensity of use is similar to that on property to the north, west, and east and less intensive than commercial uses proposed for the south. Standard #3 (ingress and egress) The existing entry to Wallace Ford will be realigned to better relate to the entry to the Nissan dealership located across Germantown Road. Additional points of access are not being created. Thus matters of ingress and egress are enhanced. Standard #4 (off street parking and loading) The use of the property will be "display parking". Employee, customer parking and off-loading are accommodated at the dealership itself. Standard #5 (screening and buffering) - The minimum screening and buffering standard of the required setbacks have been met. Standards #6.7 are adequately services. & 8 involve drainage, sewers and utilities. All accommodated through the extension of existing ..- ...... TO: Planning and ning Board RE: Bill Wallace Ford Expansion, Site Plan and Conditional Use Request February 18, 1988 Page 2 A 10" watermain runs along the west edge of the former alignment of Germantown Road. A 16" watermain has recently been installed along the new alignment of Germantown Road and the 10" main is now a "dead" main. A condition of site plan approval should be the removal of this non functioning 10" main. Normally, a fire hydrant would be required at the southeast corner of this site; however, the 16" main is twelve feet below grade, this significantly increase costs and repair concerns. The City Engineer and Fire Chief agree that the hydrant need not be installed. Standard #9 recreational and open space requirements do not apply since this is a commercial development. Standard #10 deals with the overall impact of development. This site development, comprised of spaces to be used in conjunction with an existing substantive land use impacts. the site 67 parking use, has no Criteria for the Evaluation of Conditional use Requests (Section 30-23-D) : Standard that the existing #1 (ingress and egress) has been adequately addressed in entry /exit has been realigned slightly from the condition to provide better cross street alignment. Standard #2,3,4 & 5 deals screening and buffering. standards. with parking, trash pick-up, loading, All have been addressed under site plan Standard #6 involves signs and lighting. Lighting must comply with Section 30-12(N)(5)(a)(7)(e) of the Zoning Code. A notation must be added to the site plan to this effect. Signage has been approved by CAB (Community Appearance Board) on February 10, 1988. Standard #7 involves setbacks and open space. these items are met. Standards for Standard #8,9 & 10 (compatibility), (height) and (economic effects on adjacent properties) do not present any unusual issues with the proposed site layout. The development is compatible with adjacent auto dealership and commercial uses, has no vertical elements to it, and has little or no economic effect on adjacent properties. "'- - ....... TO: Planning and ,ing Board RE: Bill Wallace Ford Expansion, Site Plan ana Conditional Use Request February 18, 1988 Page 3 Other Site Plan Items: The entire Bill Wallace Ford site is made up of several metes and bounds descriptions. In order to assure that the overall development continues to be in compliance with auto use regulations, it is requested that a boundary plat of all holdings west of Germantown Road be provided. The area of the additions will represent the percent increase in site area vis-a-vis the total dealership. At this time, the increase is less than 30%, 'thus only the addition is to meet the full standards of Section 30-12-N-5. ASSESSMENT: Based on compatibility with surrounding uses and low impacting nature of this proposal, approval of the conditional use and site plan is appropriate. ALTERNATIVE ACTIONS: 1. Recommend approval of the conditional use and site plan subject to conditions. 2. Continue with direction. RECOMMENDED ACTION: Recommend approval of the conditional use and site plan for the Bill Wallace Ford expansion, subject to the conditions: requests following 1. That a boundary plat be submitted and approved prior to issuance of a building permit. 2. The 10" main beneath the site be removed. REF:PD#2/A:wallaceC ~,~ . ..u.. ~ -" ..:...-... --- -~--- o = \ ~ ~ P RTS r- --- I- I , \ EXlsnNG SALES \O~ ~ o t c \ \ \ II : I, \; c .. u u 195.71' ~ '-- 5' cone, WllIII. ,~. ~ ...a DEPARTMFNIAL CORRESPONDENCE ~;,";; ~ ~<<. ~!* n " " ,I "I' h ,..' ",' ~i&~' ,,",'.", ,l,';"'" ~'?J;\ ,. Ur,..1 e,ER, 0." B~RjYf fIT,Y NANAGER Q~\- R' ueel--., David J. Kovacs, Director Department of Planning and Zoning CITY CO~~ISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 CONSIDERATION OF THE BOUNDARY PLAT FOR WALLACE FORD ~1JECT "~I' I i 4-20-88 ITEM BEFORE THE COMMISSION: The action requested of the Commission plat which is a boundary plat for the which is located at Linton Boulevard and is approval of a final Wallace Ford Dealership Germantown Road. This may be a consent item. BACKGROUND: The property encompassed by the Wallace Ford Dealership involves 10.5 acres. It includes three parcels and an abandoned portion of Germantown Road. It is always desirable to place a single project onto a single parcel (legal description). When the owner sought abandonment of Germantown Road and expansion of use onto that property, a condition of approval was the replatting of the various holdings into a single parcel. That replatting action has been accomplished. The item has been reviewed by the Planning and Zoning Board and it has recommended approval. (Note: Although a condition of approval relating to removal of a 10" water main is listed in the staff report, it is an erroneous condition in that it will be enforced at the time of expansion through the site plan condition.) The Board's staff report is attached. background on the evolution of this item. It provides more ALTERNATIVE ACTIONS: 1. Approve per the Board's recommendation. 2. Approve with additional comment. 3. Continue. l?J THF Ef'FUfi,j A l.'iJi\Y,: M',I!I!" ~. . TO: Walter O. Be y, City Manager RE: City Commission Documentation Regular Meeting of April 26, 1988 Consideration of the Boundary Plat for Wallace Ford Page 2 RECOMMENDED ACTION: By motion, approve the final (boundary) plat for the Wallace Ford Dealership holdings. Attachment: P & Z Staff Report of April 18, 1988 ref:DK#16/A:ccfordfp I ~ ~ PLRNNING 8. ZuNING CITY OF DELRAY BORRD BEACH STAFF REPORT MEETING DATE: APRIL 18, 1988 AGENDA ITEM: IY.B ITEM: CONSIDERATION OF THE BOUNDARY PLAT FOR WALLACE FORD ~ . - , I ::-," , "~t " r ~"",-:t .' . 'ti GENERAL DATA: O\Nner...........................Bill Wallace Ford, Inc. Agent...........................Mark S. Caulfield Caulfield & Wheeler, Inc. Developer...................... .Wallace Ford, Inc. Location.. ........ ... ...... _.. ..Northwest corner of Linton Boulevard and Germantown Road Parcel Size..................... 10.5084 acres Land Use Plan Designation..... .~comm~rcial and Industrial Zoning Designation............. .SC (Specialized Corn.merciall and LI (Light Industrial) Adjacent Zoning................ .North of subject property is zoned County IL (Industrial Light) and RH (Residential High Density); South is zoned City cc {Community Corrunerciall; East is zoned County RH and City SC (Specialized Corrunerciall and West is Interstate 95 Existing Land Use..... ..... .... .Automotive dealership Proposed Land Use......... . . . . . . Automotive dealership Water Service.................. .Existing on Site ITEM: IV. (6 Sewer Service......... ...... ... .Existing on site f'," , .---- ITEM BEFORE THE BOARD: The action requested of the Board is that of making a recommendation on a boundary plat for Wallace Ford located at the northwest corner of Germantown Road and Linton Boulevard. BACKGROUND: The Bill Wallace Ford dealership was originally developed in the County and developed pursuant to their standards. Water was provided to the site through a water service agreement executed on November 7, 1983. When the property became contiguous to the City, the 7.29 acre property was annexed through Ordinance No. 69-84 on September 25, 1984. The property received initial zoning of SC (Specialized Commercial) at that time. The only additional land use activity on this site was the processing of a non-impacting modification processed April 1, 1987, for the addition of a wood deck at approximately the southwest corner of the site. In 1985, a request was made of the City by Bill Wallace add Councilman Bird to come up with a solution to traffic proble~s associated with the old alignment of Germantown Road. The Ci~y Engineering Department created a realignment plan (the current alignment) and the improvements were constructed and financed by Bill Wallace as a condition of site plan/plat approval for the Nissan dealership at the northeast corner. The former right-of-way was abandoned by the County via Resolution R87-151. In January, 1988, an annexation request with initial zoning of SC along with a conditional use and site plan was submitted for the incorporation of the former right-of-way into the existing Wallace Ford site. At its special meeting on February 22, 1988, the Planning and Zoning Board recommended approval of the annexation, initial zoning, conditional use and site plan for this site subject to conditions. The City Commission approved the via Ordinance No. 10-88 on first second and final reading on April I annexation reading on 12, 1988. and initial zoning March 8, 1988, with . The conditional use and attendant site plan have not yet gone before City Commission. Conditions of approval for the request was that a boundary plat for the entire Bill Wallace Ford site including the abandoned right-of-way be sub~itted and approved prior to issuance of a building permit. This is the request before you. 't I TO: RE: Planning and Staff Report Page 2 oning Board - Bill Wallace Boundary Plat plat Analysis: This boundary plat appears to be very straight forward. Water and sewer are available at the existing site. All applicable road rights-of-way have been dedicated. In an earlier public-private land transaction, Mr. Wallace provided right-of-way for the realignment of Germantown Road to its present intersection at Linton Boulevard and constructed the realigned street section. There is only one technical item which needs to be addressed with this plat and is listed as a condition of approval. The proposed plat is consistent with the Comprehensive Plan and applicable zoning regulations. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the Wallace Ford boundary plat subject to the following condition: a. The 10" main beneath the site be removed. RECOMMENDED ACTION: Alternative #2. ref:PD#4/A:wallace , , ,.:. Sd::l::-C:',U-rl .f"f,';-';')., / ---L... , " I I I I I \ . \ ;, \ ~ I \ \ \ ~~ ~C> ,~ '" " "'- -, :::""\....J '" "C ~'- "C Z-c "C"' '-'~ \ I \ \ I \ ~\ ~\ ~\ '" ( \ \ \ I " .:: t5 . ~ "'~ ''':)ZQ:: "'-ci ';:::~'- ~a C> " ,,~ ,( ~~ ..J I ". PI" -..' ,'- . d' ..... .., ....... ~~ I~. \~.k ~"....... '?... 4"... 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(, ~ SSS .... ~ ~:~ ~ <: ~:t:: ~ ~ ~~~ .~ ~ .~ l.~ ~ I : ~" '1.~ 0;) ~'tl ~ ..," i .. "b~ " " .["z'~('.68N'.'" .09 'I', gl'~ ~~ J~ I i: i r I L ..-gp-ot AOiiJ.IS J"'" ""flO'- , -, . '..~~ ~C)""-----3-- ~~:-) IIII11 ~ DEPARTMENTAL "CORRESPO,~DENCE [Iff{ DIe. D~lRAY BlEACH ~~~) TO ~ER O. BARRY, CITY MANAGER ~ - '- [J. \; .,0-t'~ David ~acs, 1b:t;ectorT-- FROM . Department of P1annlng and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 SUBJECT CONSIDERATION OF THE PLANNING AND ZONING BOARD RECOMMENDATION REGARDING THE ENTERPRISE LEASING ANNEXATION PETITION DAn 4-20-88 ITEM BEFORE THE COMMISSION: The action requested of the City Commission is direction regarding preparation of an ordinance enacting the annexation of property on South Federal Highway owned by Enterprise Leasing. This is a voluntary annexation. Initial City zoning would be General Commercial (GC). The items which need direction involve the manner in which the property is to be legally described and whether materials distributed at the time of the Enclave Act referendum are construed to mean that zoning will be assigned based upon current use as opposed to any other consideration. BACKGROUND: The attached P & Z Staff Report provides a full history and project description. The annexation application was submitted with a zoning request of S.C.. At the planning and Zoning Board's public hearing there was considerable opposition to application of S.C. zoning since it would accommodate expansion of an automobile related use on property which is east of South Federal Highway. At the Board's urging, the property owner verbally amended his petition to request a General commercial (G.C.) zone designation. (That verbal representation was later confirmed by letter.) With that change, the Board found the petition consistent with the comprehensive Plan and recommended approval subiect to the holdings being platted into a single parcel (legal description). This condition was required so that Lot 14 could not be developed separately with access off Avenue H (Avenue H is a shell rock i.e. substandard street). Other than accommodating the special condition, there were no apparent problems at the close of the Planning and Zoning Board meeting. It may be that some residents of the area will continue opposition to commercial zoning on Lot 14. Also, subsequent to 2-+ eM 362 THE EFFORT ALWAYS MATTERS .. --- TO: walter O. B ry, City Manager RE: City commission Documentation Meeting of April 12, 1988 First Reading of Enacting Ordinance for the Annexation with Initial Zoning of G.C. for Enterprise Leasing Page 2 the Board's meeting, Beril Kruger, agent for Enterprise Leasing, claimed that a letter sent out under the Mayor's signature guaranteed that all property would be brought into the City with a zoning designation which accommodated existing uses. That information has been provided. If the Commission feels that it should be given consideration (other than the staff interpretation*l, the whole item should be referred back to the planning and Zoning Board to see if they would recommend differently given such new information. * Pursuant to the Enclave Act and subsequent Enclave Report as prepared by the Planning Department, the referendum literature as been deemed to mean that a use would not be required to be discontinued. However, the City would apply the most appropriate zoning designation in terms of accomplishing goals and objectives of the City's Plan and relationship to nearby neighborhoods and land uses. The technical connotation implied by Mr. Kruger i.e. uses to be "permitted" uses in a zoning context would require that the City amend its zoning code either to create a new zone district which has "automobile leasing" as a permitted use or to amend the SC designation to accommodate it as a permitted use it is a "conditional use" in the SC district at this time. ITEMS FOR WHICH DIRECTION IS NEEDED: Literature: If direction other than that already followed by staff is desired, it should be given. Leqal Description: The Board's recommendation involves annexation of the property only when described within a single lot -- that way there will be one zoning designation on one lot. Given that the City Commission may opt to have split zoning (GC on the portion of the site currently used by Enterprise Leasing and RM on the vacant Lot 14) it was felt inappropriate to require a boundary plat be recorded prior seeking Commission sentiment. (If a single parcel were created and the Commission desired split zoning, the property would then need to be subdivided - this expense and inconvenience should be avoided.) Alternative resolutions include: 1. Direction to consider the annexation only after a single parcel is created. 2. Direction to first hold a description and then Attorney rules that the requires readvertising. public hearing on readvertise if different legal the current the City description - ...... TO: Walter O. B, ry, City Manager RE: City commission Documentation Meeting of April 12, 1988 First Reading of Enacting Ordinance for the Annexation with Initial Zoning of G.C. for Enterprise Leasing Page 3 RECOMMENDED ACTION: By consensus, confirm the literature as subscribed~ by Enclave Report; and, interpretation the staff and of the referendum incorporated in the By consensus, provide direction to consider the enacting ordinance once the individual parcels have been incorporated into a single parcel. Attachments: Planning and Zoning Board staff report Planning and Zoning Board minutes ref:DK#18/A:ccenterp .~ P & Z Board Minutes March 21, 1988 ,Page 8 he 4. ex-filtration system; e applicant must submit to the Engi:n:~ering De rtment the construction plans for all: proposed impr yements which are to occur ~ithin the right- -way e. g. removal of existing back-out parking, installation of sidewalks, driveway connection and sodding; ~ a note must b added to the fl{(e plan and remodeling plans requiring :the removi;l-I' of stoves from existing units; he north border of this site ainted and repaired) and he fence line around tae 5. 6. the fence line must replaced hedging provid inside patio/shuffl oard area; 7. proposed edges along N.W. 8tfi Avenue and N.E. 7th Stree are required to be placed along the interior per' eter of the required 5' landsc e strip; and, 8. note of what must be added to regarding compliance with intent to F.A.C. "Minimum Fire Safety Standards metioR ',.":1E: seconded by MG. Plumc .:md paGGcd E. Consideration of a Request for Annexation with Zoning of Specialized Commercial (SC) for Enterprise Leasinq, East Side of Federal Hiqhway South Of LaMat: Mr. Beril Kruger was present to represent this petition. Mr. Kruger informed the Board that Enterprising Leasing wishes to annex and to expand onto Lot 14 which is presently vacant. Mr. Kruger provided an accounting of County actions which accommodate expansion of Enterprising Leasing onto lots 11, 12 and 13. Mr. Kovacs stated that this property is part of enclave area #50 and that annexation at this time would not create any problems. He then explained various implications associated with application of SC, GC, or a mix of commercial and residential zoning designations. - ..... . P & Z Board Minutes March 21, 1988 Page 9 Chairman Currie declared the pUblic hearing open. Speaking from the audience were the following: Ms. Jean Beer, 945 Tropic Boulevard, informed the Board that Lot ~14 is located directly behind a residential home and she opposed any additional commercial adjacent to residential. Ms. Marion MacLeod, resident of Tropic Bay, stated that she had no objection to the annexation of the property but objected to commercial use adjacent to residential. She informed the Board that there is now a pawn shop in the area. Ms. MacLeod read part of a letter presented at a public hearing in 1981 and a letter from the President of Tropic Bay which was presented at a public hearing in 1980 both which addressed commercial intrusion along Frederick Boulevard. , Mr. Charles Smith, 1210 Spanish Trail, voiced his objection to an expansion. Mr. Smith felt that General Commercial zoning on Lot 14 would be acceptable as long as future use would not be auto related. After discussion, which focused upon the useabili ty of Lot 14 with RM zoning (the lot does not meet the minimum area requirement), it was the consensus of the Board to prefer General Commercial zoning on the entire parcel (including Lot #14). There was no support for SC zoning. Mr. Dacus, the property owner, stated that he wished to amend his petition to the General Commercial (GC) zone district designation. Ms. Sumrall then made a motion to approve the annexation with zoning of General Commercial of the entire parcel (including Lot #14) based upon the following findings: a) that an enclave is not being created; and, b) the proposed zoning is consistent Code Section 30-23(D) provided that the fOllowing condition is met: that a boundary plat be filed which combines all parcels into one and is recorded within ten (10) days of the enacting ordinance and that said ordinance be so conditioned. The motion was seconded by Mr. Soloway and passed unanimously. -~ PLANN I NG 8. ZLI-.J I NG CITY OF DELRRY BOARD BERCH MEETING DATE: STAFF REPORT MARCH 21, 1988 AGENDA ITEM: III.E. CONSIDERATION OF A REQUEST FOR ANNEXATION WITH ZONING OF SPECIALIZED COMMERCIAL (SC) FOR ENTERPRISE LEASING, EAST SIDE OF FEDERAL HIGHWAY SOUTH OF LAMAT ITEM: - IT) 4......,___ - ~ ~ ~... ~;-'h - -;-< --...;.. - - 3ENERAL OWner................................................. . Enterprise Leasing Co. Agent................................................... .Beril Kruger Beril Kruger and Associates Location........................East side of Federal Highway between Avenue H and La Mat Avenue Property Size................... .686 acres (29,885 sq.ft.) County Land Use.................Low-Medium Residential with Commercial Potential (for Lots 6 thru 10); Low-Medium Residential for Lots 11 thru 14) County Zoning...................CG (General Commercial) in part for Lots 6 thru 13; RS (Single Family Residential) for Lot 14 City Land Use Plan Designation..Commercial Adjacent Zoning.................City zoning GC (General Commercial) to the south west; and County zoning of RS (Single Family Residential 5 units/acre) to the east and GC and RS to the north. Existing Land Use...............Auto rental agency Proposed Land Use...............Auto rental agency ITEM: jJ.1 . E. Water Service...................Water is provided to the site - ...... ITEM BEFORE THE BOARD: The action being requested of the Board is that of making a recommendation on an annexation with initial rezoning of SC (Specialized Commercial) for the existing Enterprise Leasing facility in Lots 6-13 as well as the vacant Lot 14 to west. The development is located at the northeast corner of US Highway No. 1 and Avenue H extended. BACKGROUND: The original site development plan was approved thru the County via zoning petition #84-115 on July 30, 1984. A_. water service agreement with the City of Delray Beach for Lots 6,7,8,9, and 10 was approved on May 29, 1984. However, the petitioner did not execute the agreement and sought direct approval for water service. The City Commission confirmed its intention to provide water to this site by a a letter to the County, ratified by consent agenda on June 12, 1984. On July 24, 1986, the Board of county Commissioners considered at public hearing, petition No. 84-115A for a rezone from General Commercial, in part, and RS Residential, in part, to General Commercial with a concurrent special exception to amend and expand the site plan for this automobile rental and leasing facility. This site plan request included Lots 6-10 and a 10 (ten) foot abandoned alley along the west border of the approved site plan, along with expansion into Lots 11,12,and 13 for vehicle storage. Concurrent with this zoning request the applicant was processing an abandonment request for that portion of Avenue H, lying west of Lot 11. The applicant's one-half (1/2) of this avenue, as well as the adjacent property owner's one-half (1/2) which was purchased from Seven Eleven (7-11), was incorporated in the expansion proposed by rezoning Petition No. 84-115A. On January 27, 1987, the Board of County Commissioners thru Resolution No. 87-98 confirmed and passed the action requested by zoning Petition 84-115A. The current City Land Use designation for this parcel is Commercial. On December 30, 1986, thru Ordinance No. 145-86, the City approved a City Land Use Amendment from Residential (MF-6) and Commercial in part, to Commercial for all of Blocks 24,25 and Lots 1-14 of Block 26. This action appears to have only affected this proposal by changing Lot 14 from MF-6 to Commercial. The applicant is now proposing to annex the existing Enterprise Leasing facility occupying Lots 6-13 along with the abandoned portions of Avenue H, a 10 foot abandoned alley and Lot 14, presently vacant. The applicant proposes to expand the parking/storage area presently in Lots 11-13 onto Lot 14. " ..... ANNEXATION ANALYSIS: This property is contiguous to the city via the property to the immediate south (7-11) currently in the City of Delray Beach. The property is serviceable in that the portion of the site which is developed does receive water from the City. Sewer to this site is provided by a septic tank, the applicant would be required to connect to the sewer main when service becomes available. The property is part of an official "enclave" (area #50). Annexation at this time will not severe the balance of enclave #50 nor create an additional enclave. Pursuant to the City's enclave report this specific property will receive a Level of Service A upon annexation at no substantial cost to the City. There are no required findings other than annexation will not create an enclave, required by Florida Statutes prior to approval of a voluntary annexation. comprehensive Plan Matters: The Land Use Map identifies the property as commercial. The property is not encompassed by any other Land Use Map or plan. The policy Guide to the Land Use Element of the Comprehensive plan has several policies which relate to auto related uses. Policy Statement #10 states: All automotive uses should be carefully reviewed with use of specific development regulations. Those uses which are non-conforminq should be phased out. The site does not meet the minimum area required by Section 30-12(N)(5)(a)~1) of 1.5 acres, the minimum setbacks of section 30-12(N)(4)(b) or the required landscaping of Section 30-12(N)(3). Though, this use is allowed as a conditional use within the SC zoning district, this property will become non-conforming from a site development standpoint. In lieu of the policy statement directive of phasing non-conforming uses out, it would be appropriate to not create non-conforming situations. This site is presently under the juriSdiction of the Palm Beach County comprehensive Plan which presently limits any new commercial building to within 150 feet of US Highway No. 1 right-of-way line. Also, use expansion, east into the residential area, would not be allowed without a specific County Land Use Plan Amendment. .~ ZONING ANALYSIS: The requested zoning designation is Specialized commercial (SC). It is requested in order to accommodate the existing use (automobile rental and leasing facility) and the expansion of that use. There is no other zoning district that allows this use. The application has been assessed under Section 30-23(D) "Standards for Evaluating Rezone Requests". Standards #1 and 2 (will the change be contrary to the proposed Land Use plan or existing Land Use pattern). The change will be consistent with the current Commercial Land Use Designation. It is inconsistent with the existing Land Use Pattern as this development presently encroaches into surrounding residential areas. Further, if Lot 14 develops independently as commercial, it will take access through a residential area. This is not good planning and is inconsistent with SC zone district regulations. Standard #3 (spot zoning) this proposal is compatible with adjacent commercial designation along US Highway No.1. Standard #4 (load on public facilities) and Standard #5 (district boundaries) This proposal is consistent with the Land Use designation for which public facilities have been planned or provided. The commercial encroachment into residential land use areas seems inappropriate but has been endorsed by City commission through a Land Use Amendment (Ordinance No. 145-86). The overall site is presently governed by the Palm Beach county Comprehensive Plan which limits any new commercial building to within 150 feet of US Highway No. 1 right-of-way line. Standard #6 (changing conditions made rezoning necessary), standard #7 (change adversely influence neighborhood), Standard #8 (change create increase traffic) and Standard #9 (change creates a drainage problem) These standards do not apply as this is an existing use to be annexed as is. with respect to Standard #7, the proposed expansion into Lot 14 may adversely impact the residential area. Standard #10 (changes impact on light and air) and Standard #11 (affect on property values) do not apply as this is an existing use. The residential land immediately behind this development is presently vacant. ..~ 4. Recommend approval of annexation with SC zoning on Lots 6-13, and RM on Lot 14. This can only be accommodated if the petition is voluntarily modified. 5. continue with concurrence and direction. RECOMMENDATIONS: 1. Seek a modification of the request to GC zoning if the application is not modified, recommend denial per Alternative Action #2 from above. If the application is modified, recommend approval based upon the findings: a) that an enclave is not being created and; b) the proposed zoning is consistent with the City's Land Use Plan and otherwise meets the standards of section 30-23(D) provided that the following condition is met: 1. That a boundary plat be filed which combines all parcels into one and is recorded within 10 days of the enacting ordinance and that said ordinance be so conditioned. ref:PD#4/A:lease ...~ -- - -- -,..' ~ '. _.!'!-"f..'J ~)~"'.~=~....,.>.e;-.,. --__ *"'--.--t . ~ ~" , - ' ,.....-;t._~--. -',:" ,- t-J ";:-':::-:::;4 ,~:.r.~~ .,,', -:-'-1 .--, , - ( - 'v N [)y I ""0 ., ,.....: I ~ CO '"I I ! I I' I , rl 't' I' '10 ~. .I . ~t.. .."",1 V I , \,..\\:7" T ..1-.-_ .L&,'~...; --- ~ '~ .. 50C' 'I f ,,'STlhG 6' ,lo(;(;t fENC ':"'l.ONG H(G'[kT'l' LINE , > !I "!I N o 'i ~~: .: :r f ~. w ~ Z W > ~ -2:' ~ ~. . .JJ_~ 4' '11d.I''''~,'11 Oullj)r.11 j.<'1'l!.mq ~ j.;;. ....-~ O"d,,) , ~. .)041". ",rl\ol, ~ H: ~and$Ca"_..,.....~~ : ---'\-" 'C..+_.::-\t \ : ' \-, :~-~-- ..". - r ~E' ~G -,' r- ~}r_n~._ H'" ,( 'IV . ?t. . ~, 0..; : . ~ t '\.. \j ...J ..- .. _-I '1"75,0' 502' ~~~. ~c I' " R:-- I tl) I ,i cone wood cone. ..... . I , I .1 I ~ ~~"~f :;!j ~tIJ" l ~7~AuE. PAHK..I"Iil= F(Jr tf:f\lal car, f10l rented a employees or~Lj D-~:: '<1"'l,3~'.o"e \lflP fO' 4 t.v' ES \f~ LC'\\1 tlE\Gtf'L 0'" ...i..'\,.t H.t" . .--- - 'tJ,.c.tE\l --- \ \ \ , \ \ \ .\ .. \ , :::-,~' ,------ i. 1 I...., ,.__ "... ~ ,~,,~-:,;j....- '-\~-", 0' 1-", <-",J. .. , , .. \ \ .. ..... -- ,/ 6l-0O< W~LL _b cr"~C . r ,,1',1' "- '", '" N \. ft. I I I I ~ .. .' "' (l" " " " 1 " I'- ljt'l~IING 6' II'()L AlC"'IIG PROf'EHTY E ! J ~.oS .,~ j: "~/t" ~,", . ..', ;, ".:::L'; .. t'll, ',~ .' (Wt;1Lif~' , ~ l4:" ,- :~. ,fg rv-L o 510 0.25 April 12, 1988 li.l:, ( ii' J V -, Arl< - l!.D 1 5 1988 CITy" lriI1NAGEr~'o '''' \; I"~. r;~t... , ,;"t ....' '1 ._~ BeJ.l1KrugerAndAssociates Honorable Doak Campbell III, Mayor City of De1ray Beach 100 N.W. First Avenue De1ray Beach, Florida 33444 Zoning Lltnd Planning Ruoning Conditional Use: Special Exceptions Land Use Pl6ln Changes Variances AnncxaUons Condemnations CoDtmhing Right of Way Abandonmcnt8 RE: Enterprise Leasing - Annexation/Re-zoning Dear Doak: During our telephone conversation on Monday, April 11, 1988, we discussed the Enterprise Leasing petition for annexation and rezoning and the packet which you sent out in April, 1986 to the property owners in the county enclaves. I am enclosing a copy of the packet, with reference to the last page, entitled "An Informal Talk About Enclaves": the reply to a question regarding what action the city will take in regard to the businesses it annexes states: "The city will not cause an economic hardship to anyone that it annexes. All businesses that are in the enclaves will be permitted uses under city council policy." When this petition was presented to the Planning and Zoning Board, David Kovacs recommended the property be annexed as General Commercial and not as Special Commercial, which is our request; his statement was that since this property is located on the east side of South Federal Highway and is less than 11, acres, it should be annexed as General Commercial and be made non-conforming to prevent any expansion. My client agreed to his recommendation because he felt that the board would deny the request for Special Commercial. Approximately three years ago, Enterprise Leasing purchased Lot 14 [Block 23], which is 200' west of Frederick Boulevard and is the last unimproved lot in the Enterprise parcel. Two years ago, the city ,commission approved a land use plan amendment on Enteprise Leasing's property, changing it to a commercial designation. The amendment specifically stated that Lot 14 was to have a commercial designation. At the land plan amendment meeting you stated that commercial should not extend east of Frederick Boulevard. I informed the commission that Enterprise Leasing needed the Special Commercial zoning on Lot 14 for storage of lease cars because Enterprise was storing its vehicles on the car wash lot on the west side of Federal Highway; lot 14 was needed because the entire Enterprise lot is secure and their insurance company requires the cars to be stored in a secure lot. ~ 100 East Unton Blvd. Suite 202 A Delray Beach. FL 33483 (305) 272-1042 (305) 734- 2555 ~ ~ TO: Walter o. B ry, City Manager RE: City Commission Documentation Consideration of a Request to Initiate a Rezoning From RM-10 to C.B.D. and a Land Use Plan Amendment (MF-10 to C) to Accommodate Construction of a Parking Structure Page 2 In addition to formally initiating these actions, the Commission should establish a time frame for their processing. The proposed time frame is: P & Z Public Hearings on May 16th City Commission first public hearing Plan amendment on May 24th City Commission pUblic hearing re second pUblic hearing re the Plan 14th. re the Land Use the rezoning amendment on and June Because these actions involve public agency initiation of rezoning of private property a special 30-day notice of the rezoning hearing before the City Commission is required. Also, the fast-track laid-out above accommodates early advertising of the first hearing required for the plan amendment. Assuming that the projected project schedule is maintained, the Commission will also be considering items pertaining to the granting of airspace rights, the disposition of 1st Street as it is impacted by the project, and commitments to public funding participation at the June 14th meeting. Maintaining the project schedule requires a lot of work by the developer and the C.R.A., the action requested of the Commission at this time is necessary to remain on schedule. The decision- approval or denial - and final commitments need not be made until the June meeting. However, a lot of man-hours will be expended in preparing for that decision. ALTERNATIVE ACTIONS: 1. Formally initiate C) and rezoning described in the direct staff to requests pursuant documentation. a Land Use Plan Amendment (RM-10 to CBD) for the CRA letter of April 10, fast-track the processing to the schedule setforth (MF-10 to properties 1988, and of these in this The above action is necessary for the project to remain on the schedule which is desired by the developer. 2. Continue for further discussion and review at a work session prior to making these initial, formal commitments which will place additional manpower burdens and a shifting of priority in work programs of affected City administrative units. ..- --- TO: Walter O. Dry, City Manager RE: City Commission Documentation Consideration of a Request to Initiate a Rezoning From RM-10 to C.B.D. and a Land Use Plan Amendment (MF-10 to C) to Accommodate Construction of a Parking Structure Page 3 3. Do not initiate the requested actions; rather, provide direction that these actions should be initiated by the private property owners. RECOMMENDED ACTION: By motion, alternative action #1 as described above. Attachment: CRA letter of April 10, 1988 ref:DK#16/A:cccracbd - ..... CD -a Community Redevelopment Agency .i "- .!:..'.. t.. L!,.. t/ i~ [, APR 1 3 1988 Delroy Beach vl iY ;V),ll.r~.t\surs (;i-fICt April 10, 1988 To: Mr. wa1ter~rY City Manager From: Ken Simb Executive i ector Subject: CBD Parking As you are aware, the Community Redevelopment Agency is currently studying several sites in the downtown area for a location for a public parking garage. The site which is favored presently is located on the north side of N.E. 1st Street between N.E. 7th Avenue and the Intracoastal Waterway. After meeting with David Kovacs and the Technical Review Committee it was determined that if this site were to be pursued further as a parking facility location it would need to be rezoned. Therefore I am requesting that an item be placed on the available Commission agenda for a City initiated rezoning the current designations to Central Business District (CBD) the following properties: next from for The South 104.42 feet of the West 175 feet of Block 123, City of De1ray Beach, according to the Plat thereof, recorded in Plat Book 1, page 3, Public Records of Palm Beach County, Florida; and Commencing at a point 157 feet North of the Southwest corner of Block 123, thence East 175 feet, thence South 52 feet, 4 inches, thence West 175 feet, thence North 52 feet, 4 inches, to the Point of Beginning, all in Block 123, De1ray Beach, according to the Plat thereof, recorded in Plat Book 1, page 3, Public Records of Palm Beach County, Florida; and Lot 1, Lot 2 and Lot 3 of Park Court Subdivision, according to the Plat therof, recorded in Plat Book 10, page 74, Public Records of Palm Beach County, Florida. I have enclosed a map of the properties subject to this request for your information. cc: Hr. David Kovacs Mr. Tom Lynch 64 SE 5th Avenue, Delroy Beach, Florido 33444 (305) 276-8640 .... - 11 . I~ - 1.i.1 1 II ~ "1 I) ) < - I '" c- -- , I I., . ~) l' blJ I~-,-.~ , i . (;;1) I~ , I~ II 7 L 171 , 10 II - -~ 0"1 ~ I' , ',' . I 1\' . I t,wrN I' tll '1 . - t-.--- - II t ! <I 1< '-- ~ ..... "I i! I I .---- - - < 2 II ~ i:. 'JJ I ~ r 12 "'- 7 - " I W ..> <t (U ('I !, I j THH 1 c '- 1 10 . l"iJ I (OAF. 'LAY I'. I I') I HJ ,~ ~ ~\I I l- f'-. 1- I (..'../ I ;", t.J Z 12J, r" mri\-\;..l , ~,~-,.) -, Ilk I 14 .'1 1(; All [,'! I' ., _1 _ ___, i ~ if. -.- . I 'e '^':~'11",\ .Iq ~.' .) I'- ~ ~' I '." I -' '.-1 ': .1 ! (0., <.1 oJ ~ I 1:\i;1/0 / I:, 2 l~ I IU<: ~ 1}":,/ - ~ ~(::" . ". ii j !jl ,,"I ,,~"l ~\-~ " AHKVIr_\:;1 ! MANon (UJRT ,'UN[;(J II 1.11" ~AF{:~ f.VF \7 . I , 1 -, I : ! I 1" ...IJI j'4Je ,- -. _._.~.J.: I!; I ~ I'~ I . ! . __Dl t" ... 13~-() * ~ ,,]. I " ~ -I ~ ~ '--k '--L! ~ ..-r ~ --' '" \ (~I "., 4.k ! .f. I I .14 7 - ~ Ij'; ! I), ytuHT I:'A':lfoj ~1:)A ~4 7,1' 2.\-. ," 17 I' ~ b I'. 1-, I~ 1 ~; ,,---, ~ ,~ i I"~ ) J' '{~ . '~ ,\,~ - L: ~r II" - 'C,. 1.;- , " ...~ I ~- 1\) ::'1 'tM,11 , . :I~r I ,"1.' " I , . '. ,\, ,. IlL" ' ,/, " 'I VJ.\l'l \\\( ,(,' r)') I '. .,.! d t'lll. ':r -- -l.' , ' 1 ,..... " , , '04 :':1.t".Hf: ,(J ,I RECEIVED -~"" L:::J'" .,.,.,',., .. d. , :'1 ~;:--\'.),.~-~. CommurlllY Redevelopment Agency APR 1 3 1988 PLANNING Delroy Beach 'J,}~:\;~,;, c. 1-" April 10, 1988 rHm - To: Mr. Walter Ba~y Ci ty Manager \ From: Ken S imba~,,--""L.. Executive Director Subject: CBD Parking As you are aware, the Community Redevelopment Agency is currently studying several sites in the downtown area for a location for a public parking garage. The site which is favored presently is located on the north side of N.E. 1st Street between N.E. 7th Avenue and the Intracoastal Waterway. After meeting with David Kovacs and the Technical Review Committee it was determined that if this site were to be pursued further as a parking fa~i1ity location it would need to be rezoned. Therefore I am requesting that an item be placed on the available Commission agenda for a City initiated rezoning the current designations to Central Business District (CBD) the following properties: next from for The South 104.42 feet of the West 175 feet of Block 123, City of De1ray Beach, according to the Plat thereof, recorded in Plat Book 1, page 3, Public Records of Palm Beach County, Florida; and Commencing at a point 157 feet North of the Southwest corner of Block 123, thence East 175 feet, thence South 52 feet, 4 inches, thence West 175 feet, thence North 52 feet, 4 inches, to the Point of Beginning, all in Block 123, Delray Beach, according to the Plat thereof, recorded in Plat Book I, page 3, Public Records of Palm Beach County, Florida; and Lot I, Lot 2 and Lot 3 of Park Court Subdivision, according to the Plat therof, recorded in Plat Book 10, page 74, Public Records of Palm Beach County, Florida. I request cc:~. Mr. have enclosed a map of the properties for your information. subject to this David Kovacs Tom Lynch ~5" 64 S,E. 5th Avenue. Delroy Beach. Florido 33444 (305) 276-8640 - , I I , ----- - 7 I 1 , 1 ,I ~ <: LJ.J , I '~ , 7 12 "- 7 . - - / ' . I , ! , " , CUI'" I I, ~_ I j THhl1 ,:'1 -: -I " . I E'J ;j ~ - - . ",1 1,lj'll/ I 1.0 ' - - , IL:\'1 T / fA" 'L AY I' I I', 1 I:' 2 1:) I 10 '~ ~ \:l9 HJ. ;;.. C - ~\I - , ,', .. -'!"'\ . , ,- I ii 1 !j1 c:::(-l ,0-:'1 L 7' I I' L',) L , I " 12J '- , ,; ,T\~t: ~O 'R-~k l'ARKVIf.W ! MANon - ~ ("lJRT r, " ,'UNlJU " I I -I !i , IjJ " ,liJ I 1 lJ ~ ,',\ I) j L I EJ 1 ' ~ -- .- I ,1',- - '-" I' LL~~>l . i '-I) w ~ ''1 ~ 1: 0- f'-- ..u Z I" 1 1'1 II 7 -, I~ L > , . lil II -', ~1 Itk ! 14 Iv .L\ I L f. 'J 1 ' 01" ., '1 I' , _1_____" ',1 I." .1 (. ..- 'j' ''!" ~:\:~r ' ~' I '.( I .,' , 1 -:--- ., .._~ 1,"\' ' l1.wFN "1_' nt'l t":'..":-_- -~ , II ~ c I I , i I c 1<. Iv ~ I I ,..I 1" > AR:', 13:: -1) * r.VF II . 1-' I : ,I ~ ! -,- .-. .~._'_I ~-,J' ,L~' i. ]; I ~ ..J \,~ I - \ . _.ill /,' ~ ~ -0 ~ :s " '--J:: i..L-! I--- ..-r :-::::: -.' ~~ !'~! "., -1..f _14 7 - " Y,A"HT r:-A~l ~l:,A ~47A I , l.? . I' .. I~ _'I~') ~1'W\11 1,',01'1\ H i )_ , I I I , .J J . l: \~ 11'- I..... L :'1,1 '" t . . r, r, \, L Ill" ' " ,'L--. VI.' T, I '.' \( 'I' '}') " /. \ ., ~..L' .:{, I /. ~ '" '.4 ;t.,,^ I: ,(J .1 , , UI::.t"" Ati IIVI!:.:I\! I AL ,CORRESF JNDENCE Lll'" Uf DElR Y BEA[H ctJWAL ~R O. B RRY, CITY MANAGER ". 1lo ~ FROM av~ J. ovacs, ~ctor Department of Planning and Zoning CITY COMMISSION DOCUMENTATION REGULAR MEETING OF APRIL 26, 1988 CONSIDERATION OF A REQUEST TO INITIATE A REZONING FROM RM-10 TO SUBJECT C.B.D. AND A LAND USE PLAN AMENDMENT (MF-10 TO C) TO ACCOMMODATE CON~dcTION OF A PARKING STRUCTURE TO 4-20-< ITEM BEFORE THE COMMISSION: The action requested of the Commission is the formal initiation of a rezoning action on private property. The request has been made by the C.R.A. through its letter of April 10, 1988, which is attached. Pursuant to Code Section 30-23-(A) only the property owner, the City Commission, or the Planning and Zoning Board can initiate a rezoning of property; thus, the reason for this item coming before the Commission at this time. , BACKGROUND: Preliminary development schemes to accommodate parking for the Jacobson's Department Store addition to Atlantic Plaza necessitate construction of a parking garage. The preferred site for such a structure involves private property north of N.E. 1st Street. The site consists of a vacant lot (previously approved for surface parking) owned by Atlantic Plaza; and a parcel occupied by an apartment building (Harbor View Apartments - 20 units) . Although a parking garage could be approved through a conditional use process, the structure would ,be assessed against the standards of the RM-10 zone district. Compliance is not possible and several variances would be required -- thus, separate action by the Board of Adjustment. The CBD zone district would reduce the number and type of variances which are required and facilitate decision making and processing; thus, the request for~ zoning change. To accommodate the zone change, a companion change must be made to the Land Use Map. The proposal involves less than three acres of land so the amendment is "local". eM 362 THE EFFORT ALWAYS MATTERS TO: RE: Walter O. rry, City Manager City Comm~~sion Documentation Consideration of a Request to Initiate a Rezoning From RM-10 to C.B.D. and a Land Use Plan Amendment (MF-10 to C) to Accommodate Construction of a parking Structure Page 2 I I., In addition to formally initiating these actions, the Commission should establish a time frame for their processing. The proposed time frame is: P & Z Public Hearings on May 16th City Commission first public hearing Plan amendment on May 24th City Commission public hearing re second pUblic hearing re the Plan 14th. re the Land Use the rezoning amendment on and June Because these actions involve pUblic agency initiation of rezoning of private property a special 30-day notice of the rezon~ng hearing before the City Commission is required. Also, the fast-track laid-out above accommodates early advertising of the first hearing required for the plan amendment. Assuming that the projected project schedule is maintained, the Commission will also be considering items pertaining to the granting of airspace rights, the disposition of 1st Street as it if> impacted by the project, and cotnmitments to public funding: pa~ticipation at the June 14th meeting. . i Maintaining the project schedule requires a lot of work by the developer and the t.R.A., the action requested of the Commissio~ at this time is necessary to remain on schedule. The decision- approval or denial - and final commitments need not be made until the June me~ting. However, a lot of man-hours will be expended in preparlng for that decision. ALTERNATIVE ACTIONS: 1. Formally initiate C) and rezoning described in the direct staff to requests pursuant documentation. a Land Use Plan Amendment (RM-10 to CBD) for the CRA letter of April 10, fast-track the process~ng to the schedule setforth (MF-10 to properties 1988, and of these in this The above action is necessary for the project to remain on the schedule which is desired by the developer. 2. Continue for further discussion and review at a work session prior to making these initial, formal commitments which will place additional manpower burdens and a shifting of priority in work programs of affected City administrative units. TO: RE: Walter o. ~-rry, City Manager City Commi ion Documentation Consideration of a Request to Initiate a Rezoning From RM-10 to C.B.D. and a Land Use Plan Amendment (MF-10 to C) to Accommodate Construction of a Parking Structure Page 3 I I I, , 3. Do not initiate the requested actions; rather, provide direction that these actions should be initiated by the private property owners. RECOMMENDED ACTION: By motion, alternative action #1 as described above. Attachment: CRA letter of April 10, 1988 ref:DK#16/A:cccracbd '~"'''c . _.-,',_. ~, FROM WAL~\BARR,Y ~ ~IT~MANAGER ~) Ctv~ LiCe.""" David J. Kovacs, ir ctor ~ Department of Planning and Zoning CITY CO~IISSION DOCUMENTATION REGULAR ~IEETING OF APRIL 26, 1988 - CONSENT AGENDA FINAL PLAT FOR PRIEST COMMERCIAL PROPERTY [ITIt llF DElRAY HEREH ~'" DEPARTM~NTAL CORRESPOI"OENCE TO SUBJECT DA--E 4-20-88 ITEM BEFORE THE COMMISSION: The action requested of the Commission is approval of the final plat for the Priest Commercial property located on North Federal Highway. This may be a consent item. BACKGROUND: A plat providing for dedication of rights-of-way and easements and otherwise providing for platting of a previously unplatted parcel was a condition of approval for the Priest Commercial Site Plan which has heretofore been approved by the City Commission. The final plat submission was reviewed by the Planning and Zoning Board at its meeting of March 21, 1988. A drainage plan was required prior to the final plat appearing before the Commission. That requirement has been met as the Engineering Department has signed off on the project. ALTERNATIVE ACTIONS: 1. Approve the final plat. 2. Continue with direction. 3 . Denial is not a condition reviewed and appropriate since the plat is required as of approval and the submittal has been signed-off on by affected departments. RECOMMENDED ACTION: By motion, approve the final plat for the Priest commercial Property. Attachment: P & Z Staff Report of March 21, 1988 ref:DK#19/A:ccprstfp 1-1" CM 362 THE EFFORT ALWAYS MATTERS - ...... PLANNING lS CITY OF DELRRY ZONING BOARD BEACH STAFF REPORT MEET I NG o:ITE: March 21, 1988 AGeo=t ITEM: IV. A ITEM: CONSIDERATION OF THE SUBDIVISION PLAT FOR: THE ,PRIEST COMMERCIAL PROJECT LOCATED; ON NORTH FEDERAL HIGHWAY GENERAL DATA: Owner...........................O.D. Priest, Jr. Agent...........................O.D. Priest, Jr. Location........................Between Dixie Highway and U.S. Highway No. 1 adjacent to N.W. 16th Street Parcel Size..................... .64 acres (27,715 sq.ft.) Land Use plan Designation.......Commercia1 Zoning Designation..............GC (General Commercial) Adjacent Zoning.................RM-10 (Multiple Family Residential) to the west of subject property; County zoning CG (General Commercial) to the north, south and east of subject proper,ty Current Use.....................Vacant land Water and Sewer Service.........Available on adjacent site ITEM: .Iit. J - ...... ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation to the City commission on a Final Plat submittal for the Priest Commercial Building. A site plan for this property was presented and recommended for approval by the Board at its rescheduled regular meeting of Monday, February 22, 1988. PROJECT ANALYSIS: This .64 acre parcel was annexed into the City on March 10, 1987, by Ordinance No. 14-87 with initial zoning of GC (General Commercial). In August, 1987, a site plan was submitted to the Planning and Zoning Department for a proposed 7,200 sq.ft. commercial development. The applicant was informed at that time, that additional right-of-way was required from both sides of this parcel, 10 feet along us Highway No.1 and 20 additional feet along Dixie Highway. This dedication drastically affected the proposed site plan and the petition was withdrawn as redesign became necessary. The applicant submitted a revised site plan on February 5, 1988 for a 4,800 sq.ft. commercial development (a reduction of 2,400 sq.ft.). This revised site plan was recommended for approval by the Board at its regular meeting of February 22, 1988 and approved at City Commission on March 8, 1988. One of the conditions of approval was that the property be platted, officially dedicating the required rights-of-way. This Final Plat is the application before you. PROJECT ANALYSIS: This plat appears to be very straight forward. The Subdivision Code requires with plat approval, the upgrading to City standards of adjacent public improvements. Water mains have been extended to this site. Sewer mains all extend to the site. plans for connections to the mains are in the process of being prepared. The plat is dedicating the required additional right-of-way of ten (10) feet along USl and twenty (20) feet along Dixie Highway. Sidewalks exist on this property along U.S. Highway No. 1 and the applicant has received a waiver for the required sidewalk on Dixie Highway. One outstanding technical item needs to be addressed and is listed as a condition of approval. . ~ TO: Planni~~ and Zoning Board RE: Consi<i ation of th.E.' Subdivision, lt for the Priest Commercial Project located on North Federal Highway Page 2 ALTERNATIVE ACTION: 1. continue with direction. 2. Recommend approval of the final plat for Priest Commercial Site. RECOMMENDED ACTION: 1. Recommend approval of the final plat subject to the following condition, which is to be accommodated prior to this item being placed on a City Commission agenda for final action. a. Final Drainage Plans signed and sealed by an engineer must be submitted. attachment: face sheet of site plan documentation ref:PD#4/A:priest ~. .....a :1.4' _ ...a I' ~ ~ ~\ ~~ ~~ ~" ~ \) ! , I ,do d' I?d' - ",u' ~ ' ~ ~ ~ ~ ~ -r-'-' '1 ,....,- , ,. l-r/11-, I ,.....,t.-,,-I,-.....-r-','..I ..",14,-. .-""1'4"( ". !".,t,(L:'-'/ 1",,1 IO!""" _;n,.~,//I''';; !.:' t.:,... I !:. ,:~,-::'"7-" , " ,.., 1..1 \ I I l~~/-:. rl/1/:i'/-'(';'/ :..:;.t.~.:::.;~///l ,,_.::.::/-,' ,_" ".,._ -:;:", /1 1,/ I-I ,~,'I -. ,.- .-". I:' h 1 ,,-,'" " 1 ' ;. r' /" ,~. L', ,. .: Z~,1. 97/ ~~". 64' _ .' 14.11' ,ODI1 ~\,I),~ T,,?Aer c ..S> - .:. ...,;. ~~ " ,00 ,1,~ ~\ ;,1.111 ;!!".641 --2gt1, 97f- -.--- I I I I .1 .. ---- i 1-- \' ' " ~' , " ,-" /,.....,/ C..'!.- '.. ~'- I" " ,"-1 ,,, , ' '1 ,..... , ,-- '" ,,-. " L_ r" -- I-//-I .... / L_ 1"/ t.-' r-' \'(j /.::'l. /-i ;r. E: /..' l~') /( ,/ ~I" ,:,,,,,,, r" '- / ~(l.;:'L: '.t' "I' --- r-' -~-,- --..-----,.---- "'_ ('</J,i!r;/ LIM ~ 5c~TltJt<I ~ ;;... T /t',k' 4U , ~,_ ~CE"-"a '} , "J ~I , , ~l{j~ ~ ~ ;..; , ~ ~ ~ /d' ill f ",,,{p' _I _ _ - - - - ..------i ( rtUr; -'" ""':. ~ "", ~~ - " .~ ~ ~ ~ ,~ 1t.J\ *'d.d.,.----~ ~ I I DEP ARTfv1F:NT AL CORRESP'O~"DENCE [ITY DF DELRAY BERtH ~~ TO ~ER ~,'Ii l\ARF:' CITY MANAGER ~Jcl.,,-..d --J tzo u(\.c;~ David J. Kovacs, Director Department of Planning and Zoning FROl\1 CITY CONNISSION DOCUJ1ENTATION REGULAR NEETING OF APRIL 26, 1988 SUBJECT CONSIDERATION OF THE IIASTER SITE PLAN FOR PULTE HOUSING CORPORATION PRD-L PROJECT OFF BARWICK ROAD DATE 4-20-88 ITEM BEFORE THE COMMISSION: The action requested of the City Commission is approval of a site plan pursuant to Code Section 30-22 (Site Plans). The PRD-L zone district requires projects to comply with that section. This is the only time that this project will appear before the Commission other than when the final subdivision plats for its various phases are processed. The next step of the development track is that of processing a preliminary plat -- that action is final at the Planning and Zoning Board level. If any concerns exist they should be aired at this time. Please note that the project has not engendered any controversy to this date. BACKGROUND: Attached is the Planning and Zoning Board staff report provides a complete history of this project, project data, technical analysis of the site plan pursuant to 30-23-(D). which and a Under separate cover, Commissioners are provided with a copy of the Master Site Plan and its accompanying narrative. The project encompasses 114 acres and is proposed to have three housing types: 171 conventional single family detached units, 177 zero lot line single family detached units, and 114 multi-family units (Phase IV). The project is proposed to be built-out in traffic improvements at the intersection Barwick are required concurrent with Phase four phases. Off-site of Lake Ida Road and I development. Planninq and Zoning Board recommendation: At its meeting of ~pril 18, 1988, the Board recommended approval of the Master Site Plan subject to ten statements of clarification or changes to the narrative. These are: 1. That the language for turn lane improvements in narrative be changed from "provide" turn improvements to "construct". the lane 1--1 eM 362 THE EFFORT ALWAYS MATTERS . ..... TO: Walter O. Bal., City Manager RE: City commission Documentation Regular Meeting of April 26, 1988 Consideration of the Master site Plan for pulte Housing Corporation PRD-L project off Barwick Road Page 2 2. That dimensions, showing a minimum perimeter dimension of twenty-five feet (25'), be provided along Barwick and the north and south sides of the entry road and that the entry road landscaping be provided at the beginning of phase I construction. 3. That the developer must provide funding for the lift station pump/motor replacement when the 200 home threshold is met. The developer must also provide the sewer main extension from the lift station to this project site; this action requires necessary easements being obtained by the developer. 4. That, at present, it is the developer's responsibility to provide a 12" water main from its present point of termination to the eastern boundary of the pulte Project qt a point near Lone Pine Road as it is believed that a 12" main is necessary to provide adequate flows and pressure for the proposed development. This position (of the City) may be reassessed when more detailed engineering data is presented with the preliminary plan submission. 5. That the 2.32 acres of open space identified in phase IV shall be "useable open space" i.e. it shall not include perimeter landscaping areas, setbacks , or distance requirements between buildings; and shall meet the "amenity or recreational" purpose provisions of the PRD-L regulations. 6. That Park/Pool site #2 be constructed as a part of the Phase II improvements. 7. That all corner lots must provide for the required minimum setbacks. 8. Language on page 7 of recreational amenities for reflect "will be provided" the narrative relating to Phase IV must be changed to versus "shall be provided". 9. In the section addressing street improvements, include the following: that construction standards for public streets as contained in the City's street standards shall apply except as provided for herein; and, where an option exists for access to a lot from either the private street system or the loop street, access should be from the private street system unless extraordinary conditions exist. This requirement shall be subject to further review at the time of platting for each phase. - ..... TO: Walter O. Bal,", City Manager RE: City Commission Documentation Regular Meeting of April 26, 1988 Consideration of the Master site Plan for Pulte Housing Corporation PRD-L Project off Barwick Road Page 3 back-out parking, from multi-family housing units onto the private street system serving Phase IV development, is not permitted. Further, no parking shall be allowed along the road connection between Barwick and the loop road. 10. In the Utility System Section, the following statement should be added: that accelerated increased sizing and/or Utilities water pressure, suppression. "looping", connections, may be required by the Departments if warranted system reliability, or or Fire for fire ASSESSMENT: The pulte Development Master Plan gives the City an excellent framework in which to continue the processing and development of the proposed development. The existence of a narrative report, prepared by the applicant, which along with the master plan itself constitutes the approval package is a "first" in project processing. Pulte has been very cooperative in providing submission material in the manner desired by the City. This continuing spirit of cooperation promises a good project which will go far toward meeting the Commission's, and community's, objectives of increasing the housing supply for young families. ALTERNATIVE ACTIONS: 1. Approve the Master Site Plan pursuant to the Board's recommendation. 2. Approve the Master Site requirements or changes. Plan with additional 3. continue with direction. 4. Deny the site plan with reasons stated. RECOMMENDED ACTION: By motion, approve proposed pulte Home of: the Master Site Plan Development on Barwick submittal Road which for the consists the Master Plan Map the Master Plan Narrative the Planning and Zoning Board recommendation of April 18th as conveyed herein - . ~ TO: Walter O. Ba~_I, City Manager RE: City Commission Documentation Regular Meeting of April 26, 1988 Consideration of the Master Site Plan for pulte Housing Corporation PRD-L Project off Barwick Road Page 4 which includes the granting a waiver to Section 24-31 (Subdivision Code) to allow the provision of sidewalks on only one side of private streets; and to allow the payment of processing fees as outlined in the "platting fee schedule" attached to the Board's staff report; and further, that this approval shall be valid for a period of 18 months or until a preliminary plat is approved whichever occurs first. Attachment: Planning and Zoning Board staff report Map and Narrative, under separate cover ref:DK#19/A:ccpulte - ...... PLANNING 8. ZUNING CITY OF OELRRY BOARD BERCH STAFF REPORT MEETING DATE: April 18, 1988 AGENDA ITEM: IV.C CONSIDERATION OF THE MASTER PLAN/SKETCH PLAN FOR PULTE,HOMES ITEM: "VILLAGES OF BARWICK" . " GENERRL DATA: Owner. .... . . .. " . ..... _ .... .... _ Pulte Home Corporation Agent..................__.......Frank A. Ksiazek Location........................On the east side of Barwick Road, between Lake Ida Road and Ridgewood Road. Property size,.."............. .114.19 ACRES / Land Use Designation............PRD-L (Planned Residential - Low Density) Zoning Designation..............PRD-L (Planned Residential - Low Density) Current Use..................... Vacant Land Proposed Use.. ..................Single and Multi-Family homes Jurisdiction....................City of Delray Beach Water and Sewer Service.........Requires water and sewer main extens10n 10tO development from mains, presently coming from the south at Lake Ida Road to the school si.t.e. ITEM: ~ _ ...a ) Said lands situate, lying and being in Palm Beach County, Florida. The subject. property is located south of Germantown Road, north of the L-37 Canal. west of Andover Subdivision. and east of Homewood Boulevard, if extended sout.hward. The above-described acre parcel of land. parcel contains more or less. a 4.2 Section 2. That the Boundaries of the City of De1ray 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 De1ray Beach, Florida. ~iQ_QlL That Sect,ion 30-23 of the Zoning Code has been followed in the establishment. of a zoning classificat.ion in this ordinance and t.he tract of land hereinabove described is hereby declared to be in Zoning District R-1AAA (Single Family Dwelling) as defined by existing ordinances of the City of De1ray Beach, Florida. ~J.Q1l-3~ That t,he 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 De1ray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of De1ray Beach. SectiOD._,L That, this annexat,ion 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. all ordinances or part,s of ordinances in conflict herewith be. and the same are hereby repealed. Sect.ion 7, That should any section or provision of this ordinance or any portion thereof. any paragraph. sentence, or word be declared by a Court of competent. jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section~ That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session final reading on this t.he ___ day of __.__ on second and , 1988. MAY 0 R ATTEST; City Clerk First Reading . Second Reading - 2 - Ord. No. 27-88 DEPARTM""'NTAL CORRESPONDENCE FRoM~Gera1d B. Church, P.E., City Engineer [ITY DF DELIAY BEA[H ~~(j TO Walter O. Barry, City Manager SUBJECT Lot 352 - Tropic Isle - Hyacinth Drive DATE 3/15/88 B.K. Marine, on behalf of the owner of the subject lot , has requested a dock variance with respect to setback from adjacent property lines. Since the lot in question has grea,ter than 100' frontage on the water, a 25' dock setback is required from property lines. However, in order to conform with the pool area design, the owner wants to extend the dock to within 21' of his east property line. The affected adjacent property "'owherhad received a' certifiedh1etter requesting any comments regarding the variance within lO days. No response was ever "received by this off'ice. Engineering considers 21 'to be sufficient setback in this case and since public safety would notbe endangered, recommends that the variance be granted by the Commission. An Agenda Request form is attached for this item. GDC:GBC:ji rCf CM 362 THE EFFORT ALWAYS MATTERS -.' ., , , , ~~ ..... " .-,,' 1 .".,. ."' i' .:~:. .~: k '.~ 'J~ .~~ ~'~,. '.?' m\l~ J. I 1:RI1I B. ~r. Marine Construction . .nc. STATE LICENSED MARINE CONTRACTORS . DOCKS & SEAWALLS . REPAIRS OF ALL KINDS . PILING WORK Wood-Concrete March 16. 1988 City of De1ray Beach Attn: Gerald Church 10'0 N. W. 1st Avenue Delray Beach. Florida 33444 RE: Jim Bryant Re~iQence Lot 352 -Hyacinth Drive De1ray Beach. FL Mr. Church: We request a variance approval for Qock piling at the above referenced location. Dock pi! ing was driven 21', from east end of property line for conformity with pool area. If yOU have any questions concerning this matter. please feel free to call me. Thank YOU for your cooperation. Sincerely. B.K. Marine Construction. Inc. y4/~. Howard Montgo e 4411 N,E, 3151 AVENUE . LIGHTHOUSE POINT, FLORIDA 33064 OFFICE (305) 421.2321 . 24 HOUR ANSWERING SERVICE 781,1351 .:; " ,. ~, :- :':'- ~. '~'.' " ,,"i ,0(,1. ~~.~: . . .:;.: ~c '. ~: ~~i .1' . ~\":. -J.',: ",i . ;;:;. '.;.' .;.;, ':.:;. .~- ::' . ~,." " .?/ ',:i(, " ':'.; :::::' :'~~~. , ~,~': . ..}!. .:~ ';,\ ,'::;- MEMORANDUM TO: City Commission FROM: De1ray Beach Human Relations Committee SUBJECT: RULES OF PROCEDURE DATE: April 5, 1988 Please be advised that the De1ray Beach Human Relations Committee, at a special meeting held on February 16, 1988, unanimously adopted the attached Rules of Procedure. These rules are being forwarded to you for your approval. st(L"~ {ljrf1c,k~~~ Stanley sky, Chai man De1ray Beach Human Relations Committee lamb Attachment cc: City Manager City Attorney Members, Delray Beach Human Relations Committee 30 RULES OF PROCEDURE OF THE CITY OF DELRAY BEACH HUMAN RELATIONS COMMITTEE Article I: General Governing Rules: The De1ray Beach Human Relations Committee (hereinafter referred to as the "HRC", shall be governed by Resolution No 60-86 of the City of De1ray Beach, FLorida, and the Rules of Procedure set forth, herein, as adopted by the HRC, and approved by the Commissioners of the City of De1ray Beach. Article II: Officers, Officers' Replacements, Committees, Clerk: 1. The HRC shall elect a Chair Person, and Vice Chair Person annually in the month of April from among its membership by a majority vote of a quorum (See Article 111:3) or more of its members present and voting. 2. The Chair Person, or in his/her absence the Vice Chair Person, shall preside at all meetings, prepare an agenda, rule on all points of order and procedure, and act as spokesperson of the HRC. 3. In the event of resignation, or inability of the Chair Person to assume normal duty for the remainder of his/her term of office, the Vice Chair Person shall assume the Chair. A new Vice Chair Person shall be elected, and both the new Chair Person and Vice Chair Person shall serve until the ensuing April meeting of the HRC. Further, in the event of resignation, or inabi1i ty of the Vice Chair Person to continue in office, a new Vice Chair Person shall be elected and shall serve until the ensuing April meeting of the HRC. 4. The Chair Person, or in his/her absence, the Vice Chair Person shall appoint any committees which may be necessary. 5. The HRC Clerk, appointed by the City Manager, shall record the proceedings of the HRC, keep minutes of the meetings, take roll call, record the votes, and carry out such other duties, as may be assigned by the HRC. Article III: Meetings, Quorum, Conflicts: 1. The HRC shall meet every second Tuesday of each month, at 4:00 P. M. at the City Hall in the City of De1ray Beach, Florida unless there is no cause to hold such a meeting, or it falls on a holiday, as designated by the City of De1ray Beach. -1- ~. Upon request of four (4) members of the HRC, a special meeting may be called by the Chair Person, or in his/her absence by the Vice Chair Person. 3. A quorum is required in order to hold a regular meet- ing. If a quorum is not available, a discussion meeting may be conducted, in which case no motion or voting will be carried out. A quorum shall consist of fifty percent, plus one of the members of the total HRC membership in existence at the time. All findings and orders of the HRC require a vote of a majority of its members present and voting within the stated definition of a quorum. 4. All meetings shall be open to the public. 5. The order of business at meetings shall be conducted as follows: a. Meeting called to order by Chair b. The Clerk calls the roll. c. Approval of minutes d. Unfinished business tabled items, etc.) (Committee/panel reports, e. New business f. Adjournment 6. The Chair may change the order of business and should specify in the Agenda for each meeting what is unfinished business and what is new business. 7. The "Roberts Rules of Order" shall be the prevailing authority, if any Rules of Procedure may not be specifically addressed herein. Article IV: Absences, Removal from Office 1. If any HRC member fails to attend three (3) successive meetings without cause and approval of the Chair, the HRC shall recommend to the City Commission that the said seat be declared vacant. In such case, the Mayor, or the appropriate City Commissioner, or the appropriate City Organization shall promptly fill the vacancy. -2- DELRA Y BEACH [Q)OWNTOWN [Q)EVELOPMENT ffiUTHORITY 69 S.E. FIFTH AVENUE DELRAY BEACH, FLORIDA 33444 Mr Walter O. Barry City Manager 100 N.W. 1st Ave. Delray Beach. Fl. 33444 April 15. 1988 RECEIVED API{ 1 5 19(j/:l CITY MANAGER'S Or:FICE Dear M-r. Barry. The DDA has accepted the resignation of Michael Marino. We a-re asking for you to put on the next agenda approval of a new member. Our su~gestions are. Mr. Bruce Gimmy owner of the Trouser Shop at 439 E. Atlantic Ave. and Mr. Carl Carter, optomtrist at 204 E. Atlantic Ave. He has served on the board before and as chairman. We are always looking for new members who are retailers. We strongly urge you to consider these two men. They both are willing to serve. 7t~ cA#Ii- Connie Tuttle Chairman DDA 3f , , t .j ~ :~, '~ , '!( -1;./ ,,', " .{ ..;. .~; " :J '"i{ . ,{/',' '. !;>' "~~'; , <;j.:;;' ,".l" [ITY DF DElRAY BER[H CITY ATTORNEY'S OFFICE JI(lSI [.tSII<IIISIITI 4 III Iln \ BI'\CI!. 1'!.OKIIlA 33483 305/243,7090 April 12, 1988 Stephen D. Sanford Mudge Rose Guthrie Alexander & F'erdon Suite 900, Northbridge Centre 515 North Flagler Drive West Palm Beach, Florida 33401 Subject: First Supplemental Trust Indenture Dear Steve: I have reviewed the revised materials sent to our office by your letter of April 5, 1988 and same appear acceptable to us. We will place the resolution approving the execution of the First Supplemental Trust Indenture on an upcoming City Commission meeting when all parties have had the opportunity to review their revisions. Sincerely, OFFICE OF THE CITY ATTORNEY ::~ O:~~ BEACH, FLORIDA Herbert W. A. Thiele, Esq. City Attorney HT:sh cc: Walter O. Barry, City Manager / " I I 32-- RESOLUTION NO. "'2.. r ~ cf' V A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST SUPPLEMENTAL TRUST INDENTURE BY AND BETWEEN THE CITY OF DELRAY BEACH AND CITIZENS AND SOUTHERN TRUST COMPANY (FLORIDA), NATIONAL ASSOCIA- TION, IN CONNECTION WITH THE CITY'S $4,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, 1985 SERIES (THE SENECA GROUP-PARK TEN PROJECT); AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH SUCH FIRST SUPPLEMENTAL TRUST INDENTURE AND PRO- VIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Delray Beach (hereinafter, the "Issuer") has heretofore issued its $5,000,000 Industrial Development Revenue Bonds, 1985 Series (the Seneca Group-Park Ten Project) (the "1985 Series Bonds"), pursuant to the terms and provisions of the Trust Indenture, dated as of December 1, 1985 (hereinafter, the "Trust Indenture"), by and between the Issuer and Citizens and Southern Trust Company (Florida), National Association, (hereinafter, the "Trustee"), said Trustee being successor to Landmark First National Bank of' Fort Lauderdale, as original trustee under such Trust Indenture, the proceeds of which were loaned to the Seneca Group, (hereinafter, the "Company"), a general partnership organized and existing under the laws of Florida, to pay the costs of constructing, installing and equipping a facility to be used for a warehouse, office and showroom; and WHEREAS, Section 13.03 of the Trust Indenture permits modifi- cation and alterations of the Trust Indenture which will affect the times and amounts of payment of the principal of or redemption premium, if any, or interest on the 1985 Series Bonds, provided that the Company and all of the holders of the Bonds consent to such modification or alteration; and WHEREAS, the Company and Citizens and Southern National Bank of Fort Lauderdale (hereinafter, the "Bank"), as the Holder of the 1985 Series Bond have mutually agreed, to modify the methodology by which the principal of the 1985 Series Bonds shall, from the date of the, First Supplemental Trust Indenture (herein referred to) to the final maturity of the 1985 Series Bonds, be amortized, and WHEREAS, the Issuer finds that the modification of the method by which the principal of the 1985 Series Bonds is to be amortized will not be detrimental to the Bank or the Issuer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval and Execution of the First Supplemen- tal Trust Indenture. The form of the First Supplemental Trust Indenture presented at this meeting (and attached hereto as Exhibit A dated as of April 1, 1988, by and between the Issuer and the Trustee (the "First Supplemental Trust Indenture"), is hereby approved and adopted by the City Council, together with such changes, modifications and deletions as may be deemed necessary and appropriate. The Mayor is hereby authorized to execute and deliver on behalf of the City and the City Clerk is hereby authorized to affix and attest to the seal of the City in the form presented to this meeting together with such changes, modifications " 1 , 32----' and deletions as the Mayor may deem necessary, and deli very thereof to be conclusive evidence of the approval thereof of the City Council. Section 2. The Mayor of the City, the Clerk of the City and any other proper official of the City, be and each of them is hereby authorized and directed to execute and delver any and all documents and instruments inclUding, but not limited to the execution of the new 1985 Series Bond and to do all acts and things required of them by the provisions of the First Supplemental Trust Indenture or deemed necessary to effectuate the modification contained in the First Supplemental Trust Indenture. The Trustee is hereby authorized and directed to authenti,- cate the new Series 1985 Bond reflecting the modification contained in the First Supplemental Trust Indenture and deliver such Series 1985 Bond to the Bank. PASSED AND ADOPTED in regular session on this April, 1988 day of MAYOR ATTEST: City Clerk 2 " 1 , Joe Weldon D~rector of Parks and Recreation [ITY DF DELRRY BER[H _~~(i DEPARTMENTAL CORRESPONDENCE Walter Barry City Manager M Re-execution of Plumosa Park Agreement 4/13/88 DATE JECT Attached please find a copy of the renewal of the plumosa Park Agreement with the School Board that was approved by City Commission on February 24, 1987. This agreement was forwarded to the School Board on 3)17/87 for their execution. I followed up several times during the preceeding months with Frank West to determine its status. On March 7, I recei ved a letter from, Linda Howell, Real Property Manager, requesting the agreement be' re-executed by the City since several positions on the School Board have changed! I recommend this be re-executed by the City Commission and forwarded to the School Board for their approval. Jo Di Parks and Recreation JW:cc Attachment -' -~ ..,-~ " I 30, 3G2 THE EFFORT ALWAYS MATTERS THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 3323 BELVEDERE ROAD P.O. BOX 24690 WEST PALM BEACH, FL 33416-4690 305.684.5000 THOMAS J. MILLS SUPERINTENDENT OF SCHOOLS March 7, 1988 Mr. Joe Weldon, Director Parks and Recreation Department City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Addendum to Agreement Plumosa Park Plumosa Elementary School Dear Mr. Weldon: Attached please find (3) copies of Addendum to A~reement between the City of Delray Beach and the School Board for the operation and maintenance of Plumosa Park. The addendum needs to be executed by the City and returned to me for School Board approval. If I can receive the executed addendum by Tuesday, March 15, it can be on the agenda for approvai at the April 6th Board meeting. It was recently brought to my attention that this addendum was never executed by our Board. I apologize for any inconveniences that the City may have incurred by this delay, and will expedite the execution of the new addendum as soon as possible. Please feel free to contact me at 684-5187 if you have any questions or would like to pick up the executed addendum. ~ i cerely, Li d~?1I-twc1L Real Property Manager Growth Management Center LSH:dkh Attachment cc: William V. Hukill Richard Kurtz Don Thorn " 1 I wpd8\es\ple ADDENDUM TO AGREEMENT THIS ADDENDUM TO AGREEMENT. made and entered into on this day of . 1988. by and between the SCHOOL BOARD OF PALM BEACH COUNTY. FLORIDA. a public school corporation (hereinafter referred to as "BOARD"). and the CITY OF DELRAY BEACH. a municipal corporation of the State of Florida. (hereinafter referred to as "CITY"). WIT N E SSE T H: WHEREAS. the Board and the City did enter into an Agreement dated July 1. 1980. commonly referred to as the "Community School Program". amended March 1. 1982; and WHEREAS. both parties desire to extend and amend said Agreement as provided in paragraph 11 amendment dated March 1. 1982. and desire to provide for certain agreements regarding the operation and maintenance of certain improvements and facilities on property owned by the Board and. known as "Plumosa Park". Located adjacent to and abutting the Plumosa Elementary School in the City of Delray Beach. Florida. NOW. THEREFORE. for and in consideration of the promises and benefits flowing to each party hereto. the parties do mutually agree as follows: 1. That the City hereby agrees during the term of this Addendum to Agreement to provide all required maintenance of the grounds. trimming of vegetation and maintenance of the equipment to be located at "Plumosa Park". excepting that: A. The Board shall provide for all maintenance and repairs. including any and all necessary materials. regarding the fencing. sprinkler system. and asphalt court resurfacing located at 'Plumosa : Park"; and. B. That the City's obligation to provide such maintenance of the "Plumosa Park' area shall , be limited to the extent that the City shall not be obligated to provide maintenance or renovation of any items should the ,cost of same be estimated to exceed the sum of $5.000.00 per project or item. 2. That the Board hereby agrees to provide $3.000.00 in chemicals. supplies. fertilizers. etc.. as determined by the City. the exact amount of which may be negotiated between the parties. as a contribution for fertilization. chemicals. clay. and other items necessary for the maintenance and upkeep of the turf and soil at Plumosa Park. 3. That the "Plumosa Park" facilities. grounds and other improvements located thereon shall be available to the City Recreation Department at all times. except during normal day-time school programs for children. or when being used by the respective schools in their respective school activity programs. 4, The Board agrees to be responsible for any negligence on its part that may occur while the facilities are under its supervision and control. or which might occur as a result of the performance of this Addendum to Agreement. and the Board shall furnish a certificate of insurance or proof of self insurance satisfactory to the City. wpd8\agreemt\ple 02\29\88 " I I 5. The City agrees to be responsible for any negligence on its part that may occur while the facilities are under its supervision and control, or which might occur as a result of the performance of this Addendum to Agreement, and the City shall furnish a certificate of insurance or proof of self insurance satisfactory to the Board. 6. That both parties hereby agree that this Addendum to Agreement may be terminated by either party by giving to the other party written notice at least ninety (90) days prior to the date of termination. Notice to the City shall be addressed to the City Manager, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444, and notice to the Board shall be given to the Superintendent of Schools, 3323 Belvedere Road, West Palm Beach, Florida. In the event that no termination is made of this Agreement by the parties as provided for above, then in that event, this Agreement shall continue for a period of five (5) years from the date first set forth above. 7. It is further agreed by both parties that this Addendum to Agreement may be renewed or extended for an additional five (5) year term commencing at the expiration date of the original five (5) year term, upon the written consent of both the Board and the City. ,8. That this Addendum to Agreement, or any part thereof, or the conduct of any maintenance or other activities which are the subject matter of this Addendum to Agreement are made expressly subject 'to the current budgets of both parties hereto. IN WITNESS 'WHEREOF, the parties hereto have caused this instrument to be signed by the appropriate and authorized officials below as of the day and year first above written. Signed, sealed and delivered in the presence of: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Arthur W. Anderson, ChaIrman As to the Board ATTEST: By: Thomas J. MILLS, secretary Signed, sealed and delivered presence of: THE CITY OF DELRAY BEACH, FLORIDA As to the City By: wpd8\agreemt\ple 02\29\66 ATTEST: By: . , I .... ' DEPARTtv'....NTAL ~CORRESPONDENCE FROM Robert S. Pontek, Director of Public Utilities TO Walter O. Barry, City Manager SUBJECT PAYMENT REQUEST III - SCRWTD BOARD AIR SCRUBBERS DATE 4/12/88 The RWWTP Board authorized the contract for Q&Q, Inc. to install additional air scrubbers at the regional plant. The first invoice is before us for payment to the contractor. We have required the Board's representative provide us assurance the work considered for paxrnent was acCeptiible"t,g",l1i.,m, , ,..Furthermore... .--..........--.-.... ..... . ", ,. ,-. ,_... ~ ......... .." . - .. -.... . pr~or to mak~ng payment on the RWWTP proJects we have placed the,se matters" each ".request separately,.. before the City ""C6iriii1f"ssion forapprovaf "oIpayriuiliif.' " "", " . Since this project was approved by the SCRWTD Board and separate actions by the City Commissions approved Q&Q, Inc., do you also wish to have us establish a PO system to track this project? Pontek lir ~ ~? ~fJ ~ rli>~ ~t~r'-'>"'''-~ ci."",.u !Nrf~b.J.~ ~ RSP:smw cc: Robert ~. Barcinski, Asst. City Manager Ted Glas, Purchasing Administrator '111~\et ~ 3cr CM 362 THE EFFORT ALWAYS MATTERS '. ," :.' .' ':;:" . ::~: ~ ,.~." '}. .' --.:...",:---- q: t #i~ '~: .:~;:,; '~'-1: -~:' \: < .', ::. "i c'::;' ,.,~; ;~; ~' "'.",IR,",.., <':"~), cn'f i '1~~: .?:r "~'I ,..-i: :r. ~> " " '. .. ',: :.~ :i r SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD lSOI North Congren Avenue. DelJ:ay u.eh. Florida 33<<11 @) BOARD City Council Memben of Boynton Beach & !lelnIy Beach -, ToIophono 272,7061 7lW'2617 April 1, 1988 City of De1ray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 ' REQUISITION NO. 1 ODOR CONTROL FACILITY Q & Q InC.-Contractors TOTAL CONTRAct $617,600.,00 CHANGED ORDERS : ADD DEDUCT REVISED CONTRAC] AMOUNT VALUE OF WORK COMPLETED EXTRA WORK TO DATE TOTAL WORK COMPLETED: LESS 10% RETAINAGE NET AMOUNT EARNED: MATERIALS STORED: LESS PREVIOUS PAYMENTS BALANCE DUE THIS PAYMENT: $ .00 $ .00 $617,600.00 $ 27,000.00 ,6 $ .00 ~;\\_1>4, $ 27,000.00 ~ $ 2,700.00 I 0 "'j: $ 24,300.00 $ .00 $ .00 $ 24,300.00 50% Due this requisition from each city $ 12,150.00 Please ma,ke checks payable to ~& QINC. ' Mail direct to: Box 1b47 Eaton Park, Florida 33840 Thank You. " .. " ):,,' ,~~ ., " ;'/ ot ~ ?~~k" ~-#'eB ..r"" '.,." :':'. 'iJ. ~ : " .~{. 'v . ~{ .:'. )~: ~~ ." ~ :;' . ~:: ;,,:' ~ f >~: >,'." '. , .~... .'!.~. '.~~ :'~ . ~I .. DEP ART~"ENT AL CORRESPUNDENCE CITY DF DElARY BER[H ~(i TO Mr. W~l~er O. Barry, City Manager FROM Robert S. Pontek, Director of Public Utilities SUBJECT GOLF COURSE WELL ORILLING - FINAL PAYMENT REQUEST - YOUNGQUIST BROTHERS DATE 4/08/88 Well drilling is completed in the golf course area. The contractor requests final payment for work complete along with a reduction of retainage to zero. The engineer agrees with this request and attached is supplemental information from the engineers regarding the payment request. I have also attached a previous memo regarding the material changes to increase the production yields from these important wells as recommended by the groundwater hydrogeo10gist and engineers for this project. Kindly place this item before the City Commission for final payment approval and reduction of retainage to zero. RSP:aae ,'ATTS: 3S CM 362 THE EFFORT ALWAYS MATTERS Russell & Axon, Inc. I I. /~ ,"~' t il) \ :, .:..:'-~ ><J f\ \'. p -...,... 'A' " \.' '.>-rr,-"",c!;1 ~! Established in 1920 February 22, '988 Ke~/r~c.O ,4,ole.~" 4//7E?6 ~~~ Mr. Robert Pontek, Utilities Director City of De1ray Beach 100 N.W. First Avenue De1ray Beach, Florida 33444 RE: Interim Golf Course Wel1field Production Well 8W-12W City of Delray R & A Project #00723 Subject: Final Change Order Dear Mr. Pontek: Please find below, several points which are addressed in the final change order. CHANGES IN MATERIAL COST 1.) Steel casing 24" Attachment A , 2. ) S. Steel casing 12 " Attachment B 3. ) S . Steel screen 12 " Attachment C 4. ) Fuel Attachment D 5. ) Miscellaneous Attachment E Changes in labor Attachment F DIFFERENCE 5,174.00 16,400.00 14,364.00 520.00 1,340.00 538.00 Total cost due to delay caused by governmental agencies permitting requirements. 38,336.00 SUITE 115 . 951 BROKEN SOUND PARKWAY, N,W . BOCA RATON, FLORIDA 33431 . 305/994.9701.305/732.7550 [ITY DF DElRRY BEA[H 100 N.W. 1st AVENUE DELAAY BEACH, FLORIDA 33444 305/243-7000 MEMORANDUM FROM: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City fO~ Manager/Management Services ~~ TO: SUBJECT: CITY COMMISSION DOCUMENTATION - MEETING OF APRIL 26, 1988 - APPROVAL OF REQUEST FOR HIRE A YOUTH AND SUMMER CODE ENFORCEMENT PROGRAM DATE: April 21, 1988 Item Before the CommiRRion. The action requested of the City Commis- sion is approval of the Hire a Youth and Summer Code Enforcement Program, with funding in the amount of $25,000 to come from the Contingency Reserve for una110cated salary adjustments. Background Information. The City Commission approved the Hire a Youth Summer Program and the Summer Code Enforcement Program two years ago. The. Hire a Youth Summer Program was established to provide job oppor- tunities for youth of our City to familiarize them with the job market and to provide needed jOb skill training. We again propose to hire approximately 12 youths between the ages of 18 and 21 for approximate- ly nine weeks. The work week is less than 40 hours and the average hdurly rate will be $4.00 to $4.50 per hour. This is a program for Delray Beach residents only. Pre-screening is conducted by Florida Job Services. The Summer Code Enforcement Program was established to provide Code Enforcement assistance, providing teachers. We propose to hire two nine (9) weeks at $9.00 per hour. is attached for both programs. summer employment for two (2) (2) teachers for this program for Additional background information Alternative Actions. 1. Approve the programs and funding as presented. 2. Approve the programs and funding with changes. 3. Defer action for future discussion. Recommendation. The Assistant City Manager/Management Services and the Personnel/Labor Relations Director recommend approval of the Hire a Youth Summer Program and the Summer Code Enforcement Program, in the amount of $25,000, funding to come from the Contingency reserve. 30 RAB:sk THE EFFORT ALWAYS MATTERS DEP ART~. lENT AL CORRESPONDENCE FROM Yvonne Kincaide, Budget Director Relations Director f [ITY DF DElRAY BEA,[H ~~(i I . .' TO ",Marty, J>\lben ,.p"r,sQIlu"l/Labor SUBJECT "Hire A Youth" Summer Program/Summer Code Enforcement Program 4/6/88 DATE I. Projected Cost - Summer Youth Program (1) Part-time Salaries 12 Employees for 8 weeks at $4.50 per hour $17,280 (2) Pre-employment Medical Exams 12 Employees at $50 per exam 600 Total Projected Cost of Summer Youth Program $17,880 II. Projected Cost - Summer Code Enforcement Program (1) Part-time Salaries 2 Employees for 9 weeks at $9.00 per hour $ 6,480 (2) Pre-employment Medical Exams 2 Employees at $50.00 per exam 100 Total Projected Cost of Summer Code Enforcement Program $ 6,580 Total Projected Cost of Summer Hire A Youth Program and Summer Code Enforcement Program $24,460 III. Recommended Funding: Contingency-Reserve for una1located salary adjustments. A surplus was realized from Una110cated Salary Adjustments approved by Commissioners as of 10/1/87, in several Departments because of Attrition. cc: Robert Barcinski, Assistant City Manager eM 367 T~.H:" F..-r:nPT A I \,',If:,VL;: M liTTr:r:l'..~ I I _ The following recommendation is being made to approve the Summer Youth Employ- ment Program in conjunction with Job Services of Florida: Program Objective: To provide job opportunities for youth which familiarize them with the job market, provide skill training, pro- vide training on good work habits and job seeking skills, and to complete needed City-wide seasonal pro- jects. Program will provide meaningful employment ex- perience with a tangible outcome which will be benefi- cial to the City and to the participants. Program Duration: 9 weeks during the summer months Participant Ages: 18 years to 21 years old Number of Participants Twelve (12) requests based upon anticipated departmental Work Week: Not to exceed 40 hours per week Hourly Rate: $4.00 to $4.50 per hour Residency: De1ray Beach residents only Other Eligibility Requirements: None Restrictions: 18 years and older to operate power equipment Pre-Screening & Selection: Pre-screening will be conducted by the Florida Job vice; Department Heads will conduct interviews and selections with the City Manager's approval. Ser- make Recommended Funding: $17,880 - Contingency-Reserve for Una110cated Salary Adjustments. A surplus was realized from Una110cated Salary Adjust- ments approved by Commissioners as of 10/1/87 in several Departments because of attrition. See attached memoran- dum from Budget Director, dated March 23, 1988, for cost projection. Positions: Based upon past placement through the Summer Youth Pro- gram, we anticipate utilizing the participants in Cleri- cal, Recreational, Maintenance and other related positions. Placement within City departments will be based upon departmental requests which will be reviewed and selectively authorized by the City Manager. DEPARTf :NTAL CORRESPONDENCE [ITY OF DElRAY BEA[H VfvJ ~~fa TO , Mart~"Buben, Personne1/L. R. Director FADM Richard Bauer, Code Enforcement Administrator SUBJECT SUMMER PROGRAM FOR TEACHERS - SUMMER CODE ENFORCEMENT PROGRAM DATE 4/4/88 1. Funding We have not budgeted for any summer (or Christmas recess) help, the best of my knowledge funding has come from sources external Enforcement, e.g., the City Commission or an other budget area. Kincaide may be able to identify some more specific areas. and to to Code Yvonne 2. Time Period In the past, the summer program lasted for the extent of the school recess period. Last year the period of employment was 6/15 - 8/7. The period of employment this year, if approved, should be comparable. 3. Duties In the past, Code Enforcement utilized the Summer help to assist in the Northwest and Southwest, particularly with abandoned automobiles, overgrown lots and trash on private property, following up on Violation Notices, filling out forms, etc. In my opinion, these efforts worked out well and provide us with additional coverage in areas where such efforts were needed. This year, if we receive the summer workers, the work plan will be basically the same, with minor modifications based on experience. Again, the efforts will be concentrated in the Southwest and Northwest areas, particularly in the areas of abandoned automobiles and trash. This will relieve some of the pressure on our staff and free them up to conduct more housing inspections, some of which will be targeted for the Southwest. On~ of the summer help employees will spend more time in the office processing paperwork for violations. The lesson we learned with utilizing summer help is that paperwork accumulates rapidly on abandoned autos and trashy lots and yards. Therefore, one of the summer help people will spend considerably more time in the office processing, researching, filing and following up on violations issued. RB:mh cc: Donna Quinlan Sandy Roberts T\.iC F:::r-np.T AI\O,r,'\V" r'.1."~TTr~:_") 100 N,.W. 1st AVENUE DELRA V BEACH. F LOR I DA 33444 305/243, 7000 [ITY DF DELAA' BEA[H MEMORANDUM TO: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager/~ Management Services FROM: SUBJECT: CITY COMMISSION DOCUMENTATION - MEETING OF APRIL 26, 1988 - APPROVAL OF CONTRACT BETWEEN CITY AND PRIVATE INDUSTRY COUNCIL - SUMMER EMPLOYMENT PROGRAM . ,_...___ . . ._...~ _. .....-1.. " ....:;~......" DATE.: .....,'~.,., .,,, . Apr il,,21:,,: :,l96 8 " Item B~for~ ~h~ City Commission. The Commission is request- ed to, approve a contract between the City of Delray Beach and the Private Industry Council (PIC), for the 1988 Summer Youth Employment and Training program. This contract is at no cost to the City. Backllround Jnforma~ion. The 1988 Summer Youth Employment and Training Program would provide job opportunities for approximately twelve (12), l6 to 21 year olds during the summer months. The private Industry Council pays the participant directly. The purpose of the program is to provide job opportunities to youths from low to moderate income families. Participants work-week will not exceed 40 hours. A copy of staff summary report, a letter from PIC and a copy of the contract are attached for your review. Alterna~ives. 1. Approve the contract agreement as proposed. 2. Defer action for additional information. Recomm~nda~ion. The Assistant Manager/Management Services and the Personnel/Labor Relations Director recommend approv- al of the Contract Agreement with the Palm Beach Private Industry Council, Inc., for the 1988 Summer Youth Employment and Training Program. RAB:sk 31 THE EFFORT ALWAYS MATTERS I)' '-:'" ~. :;: :~~. w ~;" ..,'::..:.' ,.:{ . .'.., ,","~-' t:~ {( ~:~ ;:~. .~, '~y OJ,:, y.'. ..:. ,.~-.,;,~f '\ ,,-...,,~, ,.~..,~--~-- ,. ." "', . p.. it :r --~ ".' /: .~. '. :}~ }:f: .,' ',':C'" ~ -..... . " '<:~"', ',:: '..-;, ,-'>'-.1 '", " ~~7.~i' .'.... .'.':'I; ....,-" ~'.-4:t The following recommendat1on'is being made to approve the contract between the City of De1ray Beach and the 'Private Industry Council (PIC): Program Objective: Program Duration: ,-..blumbelt- ,of Participants: . .. .;. ;,;.." '." . "~-.,.., " ... Participant Ages: Work Week: Compensation: Funding: <{, ~;:. ~.'" . ~~~ :;:;." ~. To provide job opportunities for youth which familiarize them with the job market, provide skill training, pro- vide training on good work habits and job seeking skills, and to complete needed City-wide seasonal pro- jects. Program will provide meaningful employment ex- perience with a tangible outcome which will be benefi- cial to the City and to the participants. 8 weeks during the summer months Twelve (12), based requestS '.".., " upon anticipated departmental 16 years to 21 years old Not to exceed 40 hours per week Private Industry Council will compensate each partici- pant as provided in the contract. Participants will Industry Council. qui red. be paid directly by the Private No funding from the City will be re- '; '1 ,1- _,~, .' , . ,':;',: . ~~. . .~.; .~ . '~ "".;;:,':;. -t :. .~ ..' ,.:':: .~~ ~. ,~. ',.} ..~, .~;: :} ~t ;.:~:, '..:. ".j '.' ....:'. " '.r? ,"-:~ <:'S':' '.\",.' . .-:.;~. ,:s ',. - - - - - --- - ---- -- PALM BEACH COUNlY PRIVATE INDUSTRY COUNCIL, INC. 324 Datura St.. Suite 400 West Palm Beach, florida 3340 1 (305) 659-5213 rl" PRIVATE INDUSTRY COUNCIL March 10, 1988 Ms. Martie Buben, Personnel Director City of Delray Beach 300 West A1antic Avenue De1ray Beach, F1 33444 Dear Ms. Martie Bueben: .. . .", "it" 'is time again to make' preparations for the 1988 Summer Youth Employment and Training Program (SYETP) ,spnnsored by the Palm Bea~~ ,Gounty Private Industry 'Council, Inc. (PIC) and funde'd by the Job Trainingl'arfriersnip Act (JTPA).. One Qf the Components this summer will be the Work Experience Component which will be offered to public and private non-profit organizations, such as yours. Here are some important facts about the Work Experience Component: '/< The Work Experience Component is exactly what it says - opportunity to work and gain experience. This program is primarily for youth 16 - 21 years old and is designed to enhance their entry into the working world. '/< We strongly encourage clerical and office positions in addition to maintenance and recreational assistants. All positions should provide an opportunity for skills attainment. '/< Participants shall work under the guidance of a supervisor and a weekly work plan developed by the supervisor. '/< Participants, will not be permitted to work more than 40 hours per week and shall not exceed a total of 320 hours (8 weeks) while participating in the Work Experience Component. '/< An employer orientation will be provided for all persons directly involved in hiring summer youth. Your 1988 SYETP Worksite Agreement is enclosed. Please contact Donna Davis, Youth Coordinator, at 659-5213 to address any questions you may have in completing the Agreement. Three (3) original executed Agreements shall be returned to your office at your earliest convenience. We look forward to working with you this year in providing positive summer work experiences for our youth in Palm Beach County. Council, Inc. Enclosure INDUSTRY &. GOVERNMENT WORKING TOGETHER -- , 'r"" " ': ;':. .~.;:: -" ::x. ''ii' ~': ~: Ii: :-~::' .i ~'~.' . i'!f . ?~f ....!J' :t '.~ ';~~..' "". ,'.-:- '< ~ ,-.. .' " ~~' ~.": [ITY DF DElRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/;;43- 7000 MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/ R~ . Management Services '~ SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING APRIL 26, 1988 - BID AWARD WATER AND SEWER SYSTEM IMPROVEMENTS DATE: April 21, 1988 Item Before Commission. City Commission is requested to approve a bid award to Onontario of Palm Beach, Inc., in the amount of $142,479.92, for water and sewer system improve- ments. The three projects included in this bid are, (1) Allen Avenue Water Improvements, $63,329.50; (2) West Atlantic Avenue, (Barnett Bank), water and sewer improve- ments, $45,202.42 and North Federal Highway, 12" tie-in, $33,948.00. A copy of the bid summaries from the engineer- ing firm and the utility director's recommendation are attached. Recommendation. I would recommend that we either: 1. Award the bid for all three projects to the low bidder Onontar io of Palm Beach in the amount of $142,479.92 and hold the notice to proceed until a funding determination can be made within the next 45 days. Determination to be made as to who will pay construction costs for line extensions. 2. Award a bid for all three projects to Onontario of Palm Beach in the amount of $142,479.92, funding to corne from Water and Sewer Reserves and deter- mine who will pay the construction costs within the next 30-45 days. RAB:sk attachments 3g THE EFFORT ALWAYS MATTERS DEPART~-1ENTAL CORRESPUNDENCE TO :W,?l ter O. Barl-Y, City Hanager Robert A. Barcinski, Asst. City Manager Ted G1as, Purchaslug Lirector ~~ [ITY DF DElARY BER[H ~~ THROUGH: FROM SUBJECT Bids on Allen Avenue Water System Improvements and Barnett Bank Wa~er and sanitary Sewer System Improvements - Bld No. ~88-58 DATE 4-:1-8:3 Invitations to Bid were ITiailed to twenty-six (26) area contractors 011 !'1arch 3, 1988. A Legal Advertisement was placed ln the Palm Beach Post on l1arcli 10/ 1988. Plans and Spec~fica~ions were picked up by illter~sted COl~tractors f~(.m Post, B~lcJ:ley, Schuh & J~rnigall. Inc. Eight (8) opening. cOlltractr:"r.s l"esponded with bids at thIS t-!arch 23, 198:3 bid A Tabulation of Bids is attached for your review. F,Jllowillg analysis from Post, Btlckley, Schuh & Jerlligail, rIle. I and staff r~view, it is recommellded tllat the contract be awarded to the ~OY.l bidder I OlloEta:..~io e)f Fal:ll Beach, for the amount of $142,.J 79. J~. Funding is availa.ble frcm ',..;rater alid Sewer Fund Balance (Res81--.;es). Attachments: (:) Tabulation of Bids Reccimmendation from Post, Buckley, SchUll ~ JerulgaU, Inc. Rec1)rl\mendati')11 from ut~li ties Dept. eM 362 THE EFFORT ALWAYS MATTERS DEP ARTl1ENT AL CORRESPONDENCE CITY DF DElRAY BEA[H ~(j TO I WalQeF O. Barry, City Manager FROM Robert S. Pontek, Director of Public Utilities SUBJECT AWARD OF BIDS DATE 4/20/88 Bids were received in Purchasing on March 23rd and reviewed by the design engineer PBS&J. Three projects were packaged into one bid to entice more competitive bids and to reduce costs to the city using one bid opening in lieu of three. The specifications require award as a "whole" and the individual component costs are: Allen Avenue water West Atlantic (Barnett Bank) water & sewer _ N. Federal Highway - water tie-in TOTAL BID $ 63,329.50 $ 45,202,42 $ 33,948.00 $142,479.92 The engineers recommendation for sive bidder, being Onotario. We this city with the recommended engineers recommendation letter. award is to the lowest, respon- have construction experience in contractor and concur with the We suggest funds for the costs to be obtained from the Water and Sewer Fund Balance (Reserves). There will be connection fees .from the Allen Avenue project as well as from the West Atlantic Avenue water and sewer project. Kindly refer to the attached commitment letter and easement from Barnett Bank. We project a total return in connection fees from the Allen Avenue watermain project of approximately $38,000. The N. Federal watermain tie-in is to eliminate a current deadend 6" and 12" line. Connection is part of our overall program to strengthen our water network. The Barnett connection will recover approximately $10,000. However, there are proposed additional connections to the west from a planned development of the existing Sherwood Golf Club. We forecast an additional recovery in excess of the balance, or approximately $35,000 from connection fees. eM 362 THE EFFORT ALWAYS MATTERS I I., I request City Commission award the contract to Onotario in the amount of $142,479.92. ";:/ ; //'- /// -;A- ,I ,..v/ '" ,/" 1/"//1 ,;r. ':r(':r /if ./i; ,;"' ,,' . ,~ "..".. . Robert S. Pontek RSP:smw ATT: cc: Ted G1as, Purchasing Administrator David HUddleston, Finance Director POST,buS:K~Ey,S_Cl-iLJf-:I&..JERNIGAN, INC. - -"!~~-~~~..~.~\'[)~_...m"H__~'__'" __n. ..~~.~~.~.!______.._._.____.M___.__..._._~..... -"'-~!.!~_~"~"~~~ ~~~L~"._h___'_' 3051689_1175 April I, 1988 Mr. Ted G1as Purchasing Administrator City of De1ray Beach 434 S. Swinton Avenue De1ray Beach, FL 33444 Re: Allen Avenue And Barnett Bank Utility Improvements Project - City Project No. 88-58 Dear Ted: Please find enclosed, a copy of the Bid Tabulation for the subject project, including an average cost for each line item, subtotal and grand total patterned after, the Bid Form. You will note, that the total Bid prices given by certain contractors were revised due to mathematical errors discovered in our review and extension of the Bids. The rank of the Bids however, were unaffected by these errors. Following is sununary of the Bids: Contractor Total Bid Onontario of Palm Beach $ 142,479.92 Utility Systems, Inc. $ 149,188.75 Mancon, Inc. $ 155,731.10 AOB Underground $ 163,268.20 Gateway Construction $ 166,175.00 B&B Paving Contractors, Inc. $ 166,594.50 Solo Construction Corp. $ 171,164.00 Campanella Construction Co. $ 181,422.00 AVERAGE $ 162,002.93 After reviewing the Bids, we recommend the contract be awarded to the low bidder, Onontario of Palm Beach in the amount of $142,479.92. This is contingent upon approval as to form and legal SUfficiency of the Bid and Bid Bond by the City Attorney. Please don't hesitate to call should you have any questions. Sincerely, POST, BUCKLEY, SCHUH, & JERNIGAN, INC. ~d8~ Jeffrey A. Boone Project Manager JAB:ct cc: Ro.' Pontek L. Marti n R. Bolt -- . _.. .-__.. . _ ..... a..... ....._ .. ..._. ........._....., '..... [lI:I...-~J STATEOF FLvrl!OA DISTRICT IX , DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES I i., ATTACHMENT TO PERMIT ~ 5088-6491 MT RObert S. Pontek, Director of PU~lic Utilities City of Delray Beach Re: Water Main Extension on Allen Avenue & Federal Highway Dear Mr. Pontek: The Palm Beach County Health Department is currently denying applications to construct water main extensions served by the City of Delray Beach water supply system. This is due to lack of adequate raw water supply caused by ground water contamination. However, the Department is able to issue a permit to construct the above referenced project because of a water quality problem associated with the private wells serving the existing houses in this project. In addition, it would be .ppreciated if you would look into the possibility of extending sewer service to this area. Sincerely, -~*~ Umesh Asrani, P.E., Assistant Director Division of Environmental Science & Engineering UA/eb PALM BEACH COUNTY HEALTH DEPARTMENT P.O. BOX 29, WEST PALM BEACH, FL., 33402 BOB MARTINEZ, GOVERNOR GREGORY L COLER, SECRETARY . [ITY DF DE1ARY HEREH 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243.7000 MEMORANDUM TO: Walter O. Barry, City Manager Robert A. Barcinski, Assistant City Manager/~ Management Services FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING APRIL 26, 1988 INTERLOCAL AGREEMENT/LINE OF CREDIT - COMMUNITY REDEVELOPMENT AGENCY DATE: April 21, 1988 Item Before The Ci ty Commission. Ci ty Commission is requested to approve a new Inter local Agreement with the Community Redevelopment Agency for the purpose of establishing a line of credit with the agency to (l) refinance the original obligation under the loan ap- proved December 31, 1986, for the purchase of part of the Courthouse property, (2) purchase the balance of the property needed for the Courthouse project and (3) to finance the cost of the Downtown Beauti- fication Project. Total loan amount is $2,200,000/$1,200,00 for acquisition of the land for the County Courthouse; $1,000,000 for the Downtown Beautification Program. The agreement would also allow additional borrowing provided certain conditions are met. Back9rollnd. On December 31, 1986, an Interloca1 Agreement was execut- ed between the Delray Beach Community Redevelopment Agency and the City of De1ray Beach, whereby, the City loaned $400,000 to the C.R.A. for the purpose of acquiring land for the County Courthouse project. The principle was to be paid at the rate of $3,333.33, per month, interest at 7.25% of the outstanding balance of the loan. It was the understanding at the time this agreement was made that it was an interim agreement to be effective until proceeds from the Utility Bond sale were available, at which time the interim note would be replaced. Additionally, the original agreement did not provide for a line of credit for the remaining $800,000, needed to complete the purchase of the Courthouse project, nor does it provide a line of credit for the $1,000,000, agreed to be paid by the C.R.A. for the Downtown Beautifi- cation Project. The City received a request from Mr. Simback, representing the C.R.A., to revise the loan agreement to include, (l) the ref inancing of the or igina1 loan, (2) provide funds to purchase the balance of the Courthouse proj ect and (3) to provide funding for the $1,000,000, Downtown Beautification Project. Subsequent to Mr. Simback's request, a draft letter of credit agreement was prepared for review by Steve THE EFFORT ALWAYS MATTERS 3q ... --- Communi ty Redeve10p.L1ent Agency 'April 21, 1988 Page 2 Sanford of Mudge, Rose, Guthrie, Alexander and Ferdon. This agreement was reviewed by Mr. Huddleston, City Finance Director, our City Attorney, Mr. Simback, and the C.R.A. attorney and changes were made to the agreement. The C.R.A. also requested a change to the agreement that would allow additional line of credit beyond $2.2 million. This has been analyzed by Mr. Huddleston, Mudge Rose and the City Attorney for conditions under which this might be acceptable. See attached memorandum dated April 8, 1988, from Mr. Huddleston. The C.R.A. approved this agreement at its April 20, 1988 meeting. Terms. The term of the loan is 20 years to commence May 1, 1988, at an interest rate of 7.91% which is the effective rate of the 1987 Utility Tax Bond. The C.R.A. expects to draw down the $2,200,000, within a three year period. During this period the C.R.A. would only pay interest on the draw and would then pay principle and interest beginning July 15, 1990 on the loan amount which is amoritized over the remaining term. Attachments. Provided as additional backup are the following. l. April 21, 1988 letter from the C.R.A. 2. April 8, 1988 summary memorandum from Mr. Huddleston. 3. April 8, 1988 memorandum outlining agreement changes. 4. New Inter10ca1 Agreement. 5. Copies of other correspondence. 6. Original Loan Agreement. Alternative Actions. 1. Approve the new agreement with changes contained in the April 8, 1988 memorandum. 2. Approve the agreement with additional changes. 3. Defer action until additional information is received. Recommendati on. The Assistant City Manager/Management Services recommends approval of the agreement, incorporating changes contained in the April 8, 1988 memorandum for $2,200,000. Also I would recom- mend the provision to allow additional borrowing, provided the follow- ing conditions are met as outlined in Mr. Huddleston's memorandum of April 8, 1988. l. The C.R.A. must provide a certificate from a certified public accountant setting forth: a. The projected revenues for the next three years. b. The debt service requirements for the following three years on the original loan plus any other parity debt. If the proposed parity debt bears a variable rate, the rate will be assumed to bear the highest rate by law. c. An opinion stating that the adjusted pledge revenues . ...... Community Redevelopment Agency April 21, 1988 Page 3 of the agency for the next three years is not less than 390% of the combined debt service for the three years. 2. The C.R.A. may incur additional debt if, (1) the debt is not secured by pledged revenues or (2) if the additional debt is secured by the pledged revenues, the claim is inferior to the City's right to the pledged revenues. RAB:sk attachments . ....a 'CD -a Community Redevelopment Agency 1C.I:'.C.t1 V:tD APR 2 1 1988 CiTY MlI~Jl1GrR'(' nrfJ"r Delroy Beach April 21, 1988 To: Mr. Walter Barr City Manager From: Ken Simba Executive or Subject: Interlocal Agreement for the Establishment of a Line of Credit At their meeting of April 20 the Board of the Community Redevelopment Agency approved the Interlocal Agreement for the Establishment of a Line of Credit of up to $2.2 million with the City as drafted. Please forward this item for City Commission action at your earliest convenience. If you will notify me of the date of that meeting I will arrange to be present in the event that there are any questions about the agreement. I appreciate your cooperation and the assistance that has been provided by the staff of the finance and legal departments in the preparation of this agreement. cc: Mr. Robert Barcinski Mr. David Huddleston Ms. Becky O'Connor 64 S,E, 5th Avenue, Delroy Beach, Florida 33444 ( 305) 276-8640 :--- --- DEPART~>1ENTAL CORRESPONDENCE [ITY DF DElRAY BER[H ~~~ TO Robert A. Barcinski, Assistant City Manager FROM ~avid M. Huddleston, Director of Finance SUBJECT CRA Loan DATE April 8, 1988 PURPOSE The purpose of the line of credit to the CRA is to provide financing for the acquisition of land for the County Courthouse in the amount of $1,200,000 and for the Atlantic Beautification Project in the amount of $1,000,000. BACKGROUND The loan, which will in part, refinance the CRA's preliminary loan which was used for land acquisition, has a term of 20 years to commence May I, 1988. The rate is set at 7.91% which is the effective rate of the 1987 Utility Tax Bond, the source of the City's Financing. The CRA expects to draw down the $2,200,000 within a three year period. During this period, the CRA will only pay interest on the amount drawn. Starting July 15, 1990, the CRA will pay both principal and interest on the loan amount which is amortized over the remaining length of the term. The CRA has requested having the ability debt secured by the pledged revenues on loan. This language has been included following provisions: to obtain additional sources of parity with the original City in the new agreement with the 1.) The CRA must provide a certificate from a certified public accountant setting forth: A.) The projected revenues for the following three years. B.) The debt service requirements for the following three years on the original loan plus any other par~debt. If the proposed parity debt bears a variable rate, the rate will be assumed to bear the highest rate by law. ""'- C.) An opinion stating that the adjusted pledge revenues of the agency for the following three years is not less than 390% of the combined debt service for the three years. 2.) The CRA may incur additional debt if (1) the debt is not secured by the pledged revenues or (2) if the additional debt is secured by the pledged revenues, the claim is inferior to the City's right to the pledged revenues. "'" eM 362 THE EFFORT ALWAYS MATTERS CRA Loan Page 2 April 8, 1988 Ken Simback has provided us with several scenarios of projected revenue flows with and without proposed borrowings. We have discussed with Mr. Simback and have selected a more conservative economic scenario for review of the coverage ratio (total revenue less operating expenses/debt service). The coverage ratio is indicative of an organizations ability to pay annual debt service after having paid normal operating expenses from their revenues. If the CRA is able to meet the combined annual debt service coverage ratio for both existing and proposed borrowings then the agreement would allow the additional borrowing. This condition provides coverage/security for both the City and any new lenders. (See attachment B). This schedule assumes the following: 1.) A 3.55% annual property assessment growth based on the last two years. 2.) Proccacci Development - $10 million 3.) Jacobson's store opening - $6 million 4.) Anci1iary Development - $4 million 5.) Proposed Parking Garage - $1.8 million A.) Financing @ 8.5% B.) Financing @ 10.5% We recommend a coverage ration of 3.9 per three (3) year period or 1.3 per year based on the City's current requirement of 1.25 per year for our Water and Sewer Bond issue. Based on the review of the contract by bond counsel, Steve Sanford and Herb Thiele, we concur with the agreement as it pertains to financial matters and therefore request a policy decision to be made by City Commission. Ken Simback will be going for approval April 20, 1988 and subject to this approval, we recommend City Commission action to be April 26, 1988. DMH:ro:tr cc: Becky O'Connor Attachment B DELRAY BEACH COK~UNITY REDEVELOP~ENT AGENCY 20 YEAR REVENUE PROJECTIONS ANNUAL GROWTH RATE 3.55% ;::::::=======:=:=================:============================================================================================== FISCAL YEAR 19BB 1989 1990 1991 1992 1993 199\ ========================================================== ===============~===================================================== PROJECTEO ASSESS~ENTS $263,245,810 $272,591,036 $282,268,018 $297,466,033 $315,688,777 mO,416,m $143,181,712 'NEW OEVELOP~ENT 0 5,000,000 7,400,000 3,400,000 1,000,000 1,000,000 -8ASE ASSES~ENT 245,631,067 2\5,631,067 245,631,067 245,631,067 245,631,067 245,631,067 245,631,067 ----------------------- ----------_.- ------------- ------------- ----_.------- -------.----- ------------- ------------- INCRE~ENT 17,614,743 26,959,969 41,636,951 59,234,966 73,457,710 85,785,361 98,550,6\5 I TAl RATE 0.0098354 0.0101541 0.0104831 0.0108227 0.0111734 0.0115354 0.0119091 ----------------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- BROSS REVENUES 173,248 273,753 43b,483 641,083 820,770 9B9,567 1,173,652 I 951 I 957. I 951 I 951 I 951 I 951 I 951 I 957. ----------------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- UET REVENUES $16\,586 $200,066 $4!4,658 $609,029 $179,731 $910,089 $1,111,970 'INTEREST INCO~E 4,938 7,802 12,440 IB,271 23,392 28,203 33,4\9 'LEASE REVENUE COMMERCIAL 20,800 21,538 22,400 23,296 24,228 25,197 26,205 RES I OEN Tl AL 18,500 85,000 88,018 91,142 94,378 97,728 101,197 ----------------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- TOTAL REVENUES $208,823 $374,406 t537,516 $7\1,738 t921,729 $1,091,216 $I, 275,821 DEBT SERVICE -ACgUISITION BONO 42,500 94,920 94,920 130,767 130,767 130,767 130,767 -ATLANTIC AVENUE BONO 0 39,550 79,100 108,972 108,972 108,972 108,972 -C lTY NO TE 81,000 81,000 -GEORGIA TOWN TAVERN 0 35,000 ----------------------- ------------- ------------- ------------- ------------- ------------- ------------- ------------- TOTAL DEBT SERVICE 1123,5001 1215,470) 1209,0201 1239,7391 1239,739) 1239,7391 1239,739) NET AVAILABLE REVENUES $85,323 $158,936 m8,m $512,73B $692,729 $862,216 $1,046, B21 OPERATING EIPENSES 80,000 84,000 B8,200 92,610 97,2\1 102,103 107,20B COVERAGE RATIOIII EIISTING OE8T 1. 04 L35 2.15 2,B3 3.60 4.32 5.10 oROPOSEO PARKING GARAGE: FlNANCINB @ 8.51 190,208 190,208 190,208 190,208 190,208 FINANCING @ 10.51 218,688 218,688 218,68B 218,688 218,688 COVERABE RATIOl21 PROPOS EO OE8T FINANCING @ 8.51 I. 04 1.35 1.13 1.55 I. 97 2.36 2.79 FINANCING @ 10.51 1.0\ I. 35 1.05 1.45 I.B4 2.21 2.61 III (TOTAL REVENUE-OPERATING EIPENSESI/OEBT SERVICE (21 ITOTAL REVENUE-OPERATING EIPENSESJ/IOEBT SERVICE' GARAGE PAY~ENTSI DELRAY BEACH COHHUNITY REDEVELOPHENT AGENCY 20 YEAR REVENUE PROJECTIONS ANNUAL GROWTH RATE ===========================================================================&=======:============================================= FISCAL YEAR 1995 1996 1997 199B 1999 2000 2001 ================================================================================================================================= PROJECTED ASSESSHENTS t356,400,162 $370,OB7,B6B 13B3,225,9B7 1396,B30,510 $410,917,993 1425,505,5B2 $440,611,030 +NEW DEVELOPHENT 1,000,000 -BASE ASSESMENT 245,631,067 245,631,061 245,631,067 245,631,067 245,631,067 245,631,061 245,031\%7 ---------~------------- ------------- ------------- ------_.-_.-- ------------- ------------- .------------ ---------.--- INCREHENT 111,769,095 124,456,801 131,594,920 151,199,443 165,2B6,926 119,B14,515 194,919,963 X TAX RATE 0.0122950 0.0126933 0.0131046 0.0135292 0.0139615 0.0144201 0.014BB13 ----------------------- ----------_.- ------------- ------------- ------------- ---------_.-. ------------- ------------- GROSS REVENUES 1,374,199 1,519,773 I,B03,127 2,045,607 2,30B,652 2,593,B07 2,902,725 X 951 X 95X X 951 X 951 X 951 X 951 X 951 X 951 ----------------~~-~-_. ------------- ~------------ ------------- ------------- ---------~--- ------------- ------------- NET REVENUES 11,305,4B9 11,500,7B4 11,112,911 11,943,321 $2,193,219 12,464,116 $2,757,589 ~NTEREST INCOHE 39,165 45,024 51,3B9 5B,300 65,191 13,923 B2,12B 'lEASE REVENUE COMMERCIAL 27,253 2B,343 29, 417 0 0 0 0 RESIOENTIAl 104,790 10B,510 112,362 0 0 0 0 ----------------------- ------------- ~------------ ------------- ------------- ----------~-- ------------- ------------- TOTAL REVENUES 11,416,691 11,6B2,661 11,906,199 12,001,626 12,259,016 12,53B,040 12,B40,311 DEBT SERVICE -ACQUISITION BOND 130,161 130,767 130,167 130,761 130,161 130,761 130,167 -ATLANTIC AVENUE BONO 10B,912 10B,972 10B,972 10B,912 10B,912 10B,972 10B,912 -C JTY NOTE -GEORGIA TOWN TAVERN --------------------~-- ------------- ------------- ------------- ------------- ------------- ---------~--- ------------- TOTAL DEST SERVICE 1239,739) 1239,739) 1239,739) 1239,139) 1239,139) 1239,139) 1239,139) NET AVAILABLE REVENUES tl,247,697 $1,453,661 11,617,199 11,712,626 12,030,016 12,309,040 12,611,317 OPERATING EXPENSES 112,56B I1B,196 124,106 130,312 136,B21 143,669 150,B52 COVERAGE RATIO(1) EXISTING DEBT 5.90 6.B3 7.1B B,11 9.21 10.46 11.14 PROPOSEO PARKING GARAGE: FINANCING @ B.51 190,20B 190,20B 190,20B 190,20B 190,20B 190,20B 190,20B FINANCING @ 10.57. 21B,6BB 21B,6BB 21B,6BB 21B,6BB 21B,6BB 21B,6BB 21B,6BB COVERAGE RATIO(2) PROPOSED DEBT FINANCING @ B.51 3.25 3.73 4.25 4.46 5.06 5.71 6.42 FINANCING @ 10.57. 3.05 3.49 3.9B UB 4.74 5.35 6.01 OELRAY BEACH COMMUNITY REOEVELOPMENT AGENCY 20 YEAR REVENUE PROJECTIONS ANNUAL GROWTH RATE ============================================================================================================::::::: mCAL YEAR 2002 2003 2004 2005 2006 2007 =================================================================================================================== PROJECTED ASSESSMENTS 1456,252,722 1472,449,693 14B9,221,657 1506,5B9,026 f524,5721937 1543,195,276 'NEN DEVELOPMENT -BASE ASSES~ENT 245,631,067 245,631,067 245,631,067 245,631,067 245,b3l,067 245,631,067 ----------------------- ------------- ------------- ------------- ------------- ------------- ------------- INCREMENT 210,621,655 226,818,626 243,590,590 260 I 957 ,959 27B,941,870 297,5M,209 X TAX RATE 0.0153696 0.015B676 0.0163B17 0.0169125 0.0174605 0.01B0162 ----------------------- ------------- ------------- ------------- ------------- ------------- ------------- GROSS REVENUES 3,237,IBl 3,599,073 3,990,437 4,413,453 4,B70,456 5,363,949 X 95Z X 951 X 951 X 95! X 95! X 95! X 951 ----------------------- ------------- ------------- --.----.----- ------------- ------------- ------------- NET REVENUES 13,075,322 $3,419,120 13,790,915 14,192,780 14,626,934 15,095,752 'INTEREST INCOME 92,260 102,574 113,727 12517B3 138,BOB 1521873 'LEASE REVENUE COMMERCIAL 0 0 0 0 0 0 RES10ENTI~L 0 0 0 0 0 0 ~---------------------- ------------- ------------- ------------- ------------- ------------- ------------- TOTAL REVENUES 13,167,5B2 $3,521,693 13,904,643 14,31B,564 $4,765,742 15,24B,624 DEBT SERVICE -ACQUISITION 80ND 130,767 130,767 130,767 130,767 130,767 130,767 -ATLANTIC AVENUE BOND 10B,972 10B,972 108,972 10B,972 [OB,972 10B,972 -C lTY NOTE -GEORGIA TOWN TAVERN ------------.---------- ------------- ------------- ---.--------- ------------- ------------- ------------- TOTAL DEBT SERVICE 1239,739) 1239,739) 1239,7391 1239,739) 1239,7391 1239,7391 NET AVAILABLE REVENUES 12,93B,5B2 13,292,693 13,675,643 $4,OB9,564 14,536,742 15,019,624 OPERATING EXPENSES 15B,395 166,314 174,630 IB3,361 192,530 202,156 COVERAGE RATIOlll EXISTING DEBT 13.14 14.65 16,29 IB.06 19.97 22.04 PROPOSED PARKING GARAGE: FINANCING! 8.51 190,208 190,208 190,20B 190,20B 190,20B 190,20B FINANCING! 10.57- 21B,688 21B,6BB 21B,6BB 218,68B 21B,68B 218,6BB COVERAGE RATIOl21 PROPOSED DE8T FINANCING! 8.51 7.18 B.OO B.90 9.B6 10.91 12.04 FINANCING! 10.51 6.72 7.49 B.33 9.24 10.22 11.27 TO FROM SUBJECT eM 362 DEPARTMENTAL CORRESPlJNDENCE [ITY OF dELRAY BEA[H ~~(i FILE Becky O'Connor CRA Loan Update DATE April 8, 198: This is to advise you of the status of the CRA loan agreement after our meeting which included Ken Simback, Bob Federspiel, Steve Sanford, David Huddleston, and myself. The following will be an itemization of the issues raised and both the CRA's response and ours. 1.) Page 5, Section 4. The CRA would like to include additional language concerning the requirement that all conditions to acquire the property must be met before a draw on the line of credit can be made. The CRA made the following suggestions: (1) In the case of acquisition, a copy of the contract along with the draw request be provided at least seven (7) days prior to closing. All parties agreed to this change. (2) In the case of acquisition by condemnation, a draw must be made available upon seven (7) days by written request, with certification by legal counsel for the CRA that funds are necessary for either deposit into the registry of the court, pay- ment of expenses relating to the condemnation, or payment to the defendant based upon a judgement resulting from the condemnation. We agreed with this change but requested that the draw be contingent on the approval of the City Manager or the City Attorney. All parties agreed to these changes. (3) Line #130 would be changed to include along with the purchase price of a property all reasonable costs associated with the contract or condemnation. All parties agreed to this change. 2.) Page 5, Section 5, Line #145. The rate of 7.91% was changed by the City to reflect the correct interest rate to be charged. All parties agreed to this change. THE EFFORT ALWAYS MATTERS CRA Loan Update Page 2 April 5, 1988 3.) Page 5, Section 5. tion be clarified. The CRA requested that the basis of amortiza- All parties agreed to the following terms: The loan will be interest only for the 1st two (2) years of the loan, then the principal of the loan will be amortized over the remaining life of the bond. 4.) Section 5 (B), Line #153. The CRA requested a grace day period of 15 days instead of 5 days before a penalty fee is charged. The CRA will continue paying principal and interest during this grace period. All parties agreed to this change. 5.) Page 6, Section 5C. The CRA requested the definition of "Pledged Revenues" be made more explicit. Their concern was that the pledged revenues appear to be too general and that the possibility of the CRA obtaining another source of debt would be eliminated, thus hurting both the CRA and City Development. Ken Simback is going to supply us with several schedules showing the CRA's estimated revenue flow over the next 10 years. We look at working out a "coverage" ratio with the CRA and include this in the agreement. 6.) Section 6. The CRA wants to include a provision to allow partial prepayment of the principal balance. All parties agreed to this change. 7.) Page 7, Section 7B. to read, "within 15 actual knowledge of The CRA requests that this clause be changed days of an officer of the agency obtaining the occurrence of any event of default..." All parties agreed to this change. 8. ) Page 8, Section 7E. to require the City leases, eliminating which would be time The CRA requests that this clause be amended Attorney review only commercial or management the review of leases for residential properties consuming. We agreed with this change since our only concern is to be able to monitor commercial leases for purposes of bond compliance, Le., to ensure that no more than 10% of the bond issue is used for private use. CRA Loan Update Page 3 April 5, 1988 9.) Page 9, Section 8A. The CRA requests that the period of default be changed from five consecutive days to twenty. All parties agreed to this change. 10.) The CRA wanted to include additional language regarding the con- veyance of title from the CRA to the County as per their agree- ment. All parties agreed to this change. The CRA will be tentatively placing the approval of this contract on their agenda of April 12th; we will be putting this on our agenda dated April 26, 1988. ~ DMH:ro:tr cc: Becky O'Connor INTERLOCAL AGREEMENT BETWEEN THE CITY OF DEIRAY BEACH llND # I; THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY EOR THE #14 ESTABLISHMENT OF A LINE OF CREDIT OF UP TO i2,200,OOO FOR #l~ THE BENEFIT OF THE DELRAY BEACH QOMMUNITY REDEVELOPMENT #H AGENCY IN CONNECTION WITH THE CONSTRUCTION OF A COUNTY #17 COURTHOUSE l!,ND RELATED FACILITIES. # It XHIS INTERLOCAL AGREEMENT, made this day of April, !#2 1988 (herein referred to as the "Agreement"), by and between the CITY ! #2 OF DELRAY BEACH, FLORIDA, and its successors and assigns, hereinafter #(2 referred to as "City," s. municipal corporation existing under the #24 laws of the state of Florida, ~nd the DELRAY BEACH COMMUNITY #25 REDEVELOPMENT AGENCY, and its successors and assigns, hereinafter #(2 );:eferred to as the "Agency," a community redevelopment agency estab- #26 lished pursuant to ~ection 163, Part III, of the Florida statutes. #27 RECITALS #30 ~EREAS, the city, the Agency, and Palm Beach Qounty (the #32 "county") have previously entered into an "INTERLOCAL AGREEMENT #34 BETWEEN PAUl: BEACH COUNTY, THE CITY OF DEIRAY ~EACH AND THE DEIRAY #35 BEACH COMMUNITY REDEVELOPMENT AGENCY," ~ated August 12, 1986 (the #36 "County Agreement"), whereby the Qounty has agreed to build a county #37 . courthouse and other governmental facilities within the City limits ~ (the "County Facilities"); and ! # ( ~EREAS, pursuant to the County Agreement, the agency #40 agreed to acquire certain real property, as more fully ~escribed on #42 Exhibit A attached hereto (such real property Qr portions thereof are #43 referred to herein as the "Property"); and #(4: ~EREAS, pursuant to the terms and provisions of the ~ County Aqreement and in consideration for the County's decision to !#4: locate the County Facilities within the City limits. the Aqency is !#4: ~4348.9999.1147.01:3 #10 obliqated to convey the Property to the County at the time or times ~ set forth in the County Aqreement (herein referred to as the "County ~ Conveyance"); and ! # (, ~EREAS, a portion of such Property was the sUbject of an #45 "INTERLOCAL AGREEMENT BETWEEN THE CITY QF DEIRAY BEACH AND THE DEIRAY # 47 BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE LOAN OF MONEY FOR THE #48 ACQUISITION OF CERTAIN ~D TO BE USED BY THE COUNTY TO CONSTRUCT A #49 COUNTY QOURTHOUSE," dated December 30, 1986 (the "Loan Agreement"), #50 ~hereby the city agreed to make loans to the Agency and the agency #51 agreed to borrow an amount not exceeding $400,000 for the gurpose of #53 acquiring a portion of such Property; and #(5: ~EREAS, the Agency is desirous of J;:efinancing its obliga- #55, tions under the Loan Agreement and to acquire the additional property #57 for the purpose of ~atisfying its obligations under the County #58 Agreement; and #(51 ~EREAS, the City and the Agency agree that the J;:efinanc- #60, ing of the Agency's obligations under the Loan Agreement and the #(6) ~cquisition of the remainder of the Property is in the best interest #62 of both the Qity and the Agency and is necessary to effectuate the #63 obligations of the Agency gnder the County Agreement; and #64 ~EREAS, in connection with the City's Beautification #66 Program, the Agency has agreed to fund a portion of the costs of #67 landscaping, irrigation, planting and curbing of certain roadways #68 ~ithin the Agency's area of operation (the "Beautification Project"); #69 and # (69 ::.2- #10 # (10 94348.9999.1147.01:3 ~EREAS, the Agency lacks the funds to acquire the #71 Property s.nd to finance the costs of the Beautification Project, ~nd #72 the city is willing to establish a line of credit Ithe "Line of #74 Credit") pursuant to this Agreement, for the purpose of making one or #(7, more loans to enable the Agency to (1) refinance its obligations #75 under the Loan Agreement, 12) to acquire the remainder of the #77 Property in one or more parcels, subject to the Agency granting to #(7' the City a purchase money mortgage in a form acceptable to the City #(7' Qn the Property as security for the LoansL and ~to finance the !#71 costs of the Beautification Project. #(7' ~OW, XHEREFORE, pursuant to the respective powers granted #80 to the City and Agency ~nder Section 163.01, Florida statutes, and #82 other applicable provisions of law, and in consideration of the sum #(8; of One Dollar ($I.OO) paid by each party to the other, the receipt of #83 which is hereby acknowledged, the mutual covenants and agreements #(8: herein contained and other good and valuable consideration, the City #84, and the Agency agree as follows: #(8~ ~ECTION 1. Representations of the Aqencv. #86 la) The Agency is an agency es~ablished pursuant to the #88 Florida Statutes with full power and legal right to enter into this #89 Agreement and perform its Qbligations hereunder. The Agency's #90 actions in making and performing this agreement have been duly autho- #91 rized by all necessary official action and will not violate or con- #92 flict with any applicable provision of the Constitution, Qr laws of #93 the State of Florida or with any ordinance, government rule or regu- #(9" lations, or with any agreement, instrument or other document by which #(9" the agency or its funds or properties are bound. #94 =3- #10 #(10 94348.9999.1147.01:3 lb) Immediately after the execution hereof, no event of #96 default las defined in section 8 hereof) shall exist hereunder nor #97 shall there exist any condition which, with the lapse of time, the 1#9 giving of notice, or both, would constitute an ~vent of ~efault !#( hereunder. # 1 0 ~ECTION 2. Representations of the city. The City repre- #10 sents that it is a municipal corporation ~xisting under the laws of #10 the State Qf Florida, and with full power and authority to enter into #10 this Agreement. #(1 ~ECTION J. Establishment of a Line of Credit; Makil1Cl of the #10' Loans; Application of Loan Proceeds. #(1 la) The City hereby agrees, subject to the terms and provi- #10' sions Qf this Agreement, to establish a Line of Credit on behalf Qf #111 the Agency in the amount of Two Million, Two Hundred Thousand Dollars #(l. ($2,200,000) (the "Line of Credit Amount") for purposes of making one #11: or more loans to the Agency in the total amount of not exceeding Iwo #ll. Million, Two Hundred Thousand Dollars ($2,200,000), and the Agency #11: hereby agrees to borrow the sum of Two Million, Two Hundred Thousand #(1: Dollars ($2,200,000) from the City subject to the terms and provi- #(1: sions of this Agreement. Such Line of Credit Amount shall be subject #(1: to reduction ~s set forth in Section 4 hereof. The City may, but #lll shall not be obligated to, increase from time to time the Line of #11~ Credit Amount ~on mutually acceptable terms. Xhe Agency ~grees that #111 all monies provided to the Agency by the City under this agreement #12J shall be used to refinance its obligations under the Loan Agreement #(l; or to acquire the remainder of the Property Qr to finance the costs #12; of the Beautification Project. #(l; =4- #10 # (lC 94348.9999.1147.01:3 {b) The City and the Agency further agree that in #12, satisfaction Qf the Agency's obligations under the Loan Agreement, #12~ the Agency ~ill be deemed to have borrowed and the City will have #12( been deemed to have made ~ loan to the Agency in the sum of #12~ Three Hundred Fifty Four Thousand One Hundred Sixty Six Dollars and Sixty NineCents($354,166.69) from the Line of #12E Credit Amount established under this Agreement {the "First #12S Drawing"). Such First Drawing shall be evidenced Qy the execution of !#l: this Agreement by the parties hereto and by one or more purchase !#(J money mortgages from the Aqency to the City in the form acceptable to !#(J the city ~ith respect to the portion of the Property that was !#l" ~cquired pursuant to the Loan Agreement. #13:: ~ECTION 4. Drawinqs on the Line of Credit. Except in the #134 case of the First Drawing, following the execution and delivery of #(12 this Agreement and ypon at least seven days prior written notifica- #13: tion to the the City that all conditions necessary to ~cquire the #13E property have been met, loans shall be made to the Agency in a sum !#13 equal to (I) the purchase price of such Property I (plus all reason- l11l able costs associated with such acquisition, includinq, but not l11l limited to. survey, attorney, title. appraisal and recordinq feesll !#13 ~ubject to the Agency granting to the City ~ purchase money mortgage !#13 in a form acceptable to the city with ~espect to such Property~ l1ll except as provided below, Qr (2) in connection with either the City !#14 or the Agency paying, the ~ost of the Beautification Project #142 (collectively referred to as a "Drawing"). :!:he First Drawing and all #143 subsequent Drawings made under the Line of Credit shall be ~sed to #144 reduce the Line of Credit Amount. Ifl a Drawinq is requested by the l!l1 Aqencyl to fund or provide moneys for the acquisition of a portion of l!l1 the Property without the simultaneous receipt by the City of a lili purchase money mortqaqe on such Property, the City may, but shall not lili be obliqated to. permit such Drawinq upon the written approval of the lili ::5- #10 94348.9999.1147.01:3 #(10 city Attorney. Notwithstandinq the provisions of the next precedinq LL sentence. the Aqency shall nevertheless be required to deiiver a pur- !~ chase money mortqaqe for the purchase of such Property at such time LL as specified bv the city. ! # ~ECTION 5. Repayment of the Loans and Source of Payment. #l' la) It is the intention that the ~rincipal of all loans #l' made by the City to the Agency hereunder be amortized in the amounts #1' and at the times, ~ith reference to the City's debt service require- #l~ ments of its $10,500,000 Utility Tax Revenue Bonds, Series 1987 (the !#J "Bonds"), ~such principal ~mount of loans outstanding bears to the !#J outstanding ~rincipal amount of such Bonds. In that regard, the out- #1: standing balance Qf such loans until paid shall bear interest at !#J 7.91%, the net interest cost J;:ate on the Bonds. Interest only I (at 111 the rate set forth above) on all outstandinq loans made under this 111 Aqreement shall be payable by the Aqency on July 15. 1988. and each 111 quarter thereafter until July 15. 1990 (the "Principal Commencement 111 Date"). and thereafter. both principal and interest on such outstand- 111 inq loans shall be payable by the Aqency each quarter thereafter !#l until the principal amount of all loans made hereunder have been paid 11l in full. The Finance Director of the Ci~y shall calculate the debt !#l service requirements applicable to the loans made to the Agency under !#( this Agreement on on or before July 10, 1988, and Ion or before each !#l quarter thereafter (if necessary) and provide a copy of such schedule !#l to the Agency. On or after the Principal Commencement Date. the iLl amortization of the loans made hereunder. as calculated by the li1 Finance Director. shall be determined to achieve. as nearly as possi- ~ ble. level debt service. ~ubject to the provisions of the next !#ll succeeding sentence ~nd Section 6 hereof, the Agency shall be #16: obligated to pay, not later than July 15, 2008, the outstanding #16; =6- #10 # (lC 94348.9999.1147.01:3 principal amount of all loans made under this AgreementL plus all !# accrued and unpaid interest to that dateL provided that only interest Ll shall be payable prior to the Principal Commencement Date. Qn July !# 15, 1988, and each quarter thereafter, the Agency shall pay to the 1#: city from the Pledged Revenues (as herein defined), the debt service !# on the loans made hereunder in the amount set forth on the debt ser- !#: vice schedule provided by the city as aforesaid. #(: Ib) In addition to the above payments of principal and #1( interest on the loans, the Agency will pay a late charge for any pay- #l~ ment of principal and interest on each loanL which is received later !#: than the fifteenth day following its due date, in an amount equal to !#: 5% of such payment. #(J lc) The Agency is obligated to pay the principal of and #l, interest on ~he loans from (i) the moneys on deposit in the #l, Redevelopment Trust Fund ~stablished pursuant to ~ection 163.387, #l, Florida statutes, and pursuant to Ordinance No. 62-86 of the City, #(J and (ii) any other available revenues of the Agency {collectively, #li "the Pledged Revenues") until all principal and interest on the loans #li has been paid in accordance with the terms of this Agreement. #lE Neither the faith and credit nor the taxing Qower of the State of #lE Florida, the City or the County or the Agency is Qledged to the pay- #18 ment of the principal of or interest on the loans. #18 ~ECTION 6. PrepaYment of the Uxms. The Agency may, at #18 any time, QPon not less than 5 days prior written notice to the City, !#l prepay. in whole or in part. any loan made pursuant to this !#l Agreement, together ~ith the accrued interest on each loan to the #18 date of such prepayment. #(1 =.7- #10 # (1 94348.9999.1147.01:3 ~ECTION 7. Special Covenants. #H La) Non-Disturbance. The city covenants, subject to the #1, following garagraph, that, as long as the Agency observes and per- #1, forms the terms, ~onditions and covenants on its part to be observed #1, and performed under this Agreement, the Agency shall peaceably and #1, quietly have, hold ~nd enjoy the Property as fee simple owner, free #15 from molestation, hindrance, eviction or disturbance by the City or #lS by any other person Qr persons lawfully claiming the same by, through #IS or under the city. The Agency covenants that it shall not create or #(1 suffer to be created any lien, ~harge or encumbrance on the Property #19 or any part thereof ~xcept for any purchase money mortgages granted #19 to the City in a form that is acceptable to the City ~nd any other #20 encumbrances accepted under the title insurance Qolicy described in #20 subparagraph (d) below (collectively, "Permitted Encumbrances"), #(2 ~ithout the prior written consent of the City, #20 Lb) Notice of Default. Within 15 days of an officer of the #20 Agency obtaining actual knowledge of the occurrence of any event of 1#2 default hereunder or any event which, with the passage of time or the !#2 giving of notice ~ould constitute an event of default, the Agency #20 shall notify the Qity of the occurrence of-any event of default here- #20 under or any event ~hich, with the passage of time or the giving of #20 notice would constitute ~n event of default, which notice shall spec- #21 ify the nature and period Qf existence thereof. #21 Lc) Additional Debt. Except as set forth below, the Agency #21 shall not issue or incur any additional debt ~ecured by the Pledged #21 Revenues until the principal of and interest on the loans has been #21' paid in accordance with the terms of this Agreement. The Aqency may iLL issue additional debt payable I from the Pledqed Revenues on parity iLL =8- #10 # (l( 94348.9999.1147.01:3 with the loans made hereunder if there is delivered to the City, not 111 later than 45 days prior to the proposed issuance of such additional 111 debt by the Aqency, a certificate of a certified independent public 111 account, settinq forth !#( ii) the proiected tax increment revenues that ill the Aqency expects to receive for each of the next 111 three (3) calendar years (the "Adiusted Pledqed ill Revenues"); !#( iii) the proiected debt service requirement~_Qf l#? the Aqency's debt for each of the next three (3) cal- 111 endar years takinq into account the debt service on ill the loans made hereunder, the debt service for any liI other parity debt issued pursuant to the requirements liI of this section and the debt service for the proposed liI parity debt. If the proposed parity debt. or if liI parity debt heretofore issued pursuant to the require- W ment of this Section. shall bear interest at a vari- liI able rate, the debt (both prior debt and the proposed ~ debt) will be assumed to bear interest at the hiqhest W rate permitted by law (collecttvely referred to as ~ "Adiusted Debt Service"). 1#( iiii) Based upon the foreqoinq, it is the opinion ~ of such independent certified public accountant, as ~ concurred in writinq bY the Executive Director of the ~ Aqency. that the Adiusted Pledqed Revenues of the lLL Aqency for each of the next three (3) calendar years 1#2 will not be less than 130 % of Adiusted Debt Service ! #2: per year. ::9- #10 94348.9999.1147.01:3 # (1C In addition. the Agency may issue or incur additional debt 1#2 during the term of this Agreement, grovided that such obligations are !#2 not secured by the Pledged Revenues or, if secured by such Pledged #21 Revenues, the claim thereto is junior and inferior to the City's #21 right to receive such Pledged Revenues and the City shall consent to #(2 such indebtedness. Xhe Agency shall not sell, assign, pledge, #22 hypothecate or ~ncumber the Property without the prior written con- #22 sent of the Qity. #22 id) Title Insurance. Prior to or simultaneously with the #22 acquisition of the Property, the Agency will furnish a current bound- #22 ary survey of the relevant Property, prepared Qy a registered land #22 surveyor, and a standard form owner's affidavit, together with title #22 insurance in the form of: (i) an ALTA owner's title binder issued by #22 a title insurance company acceptable to the City in the face amount #22 of each loan and (ii) an ALTA mortgagee's title binder issued by such #23 title insurance company in the face amount of each loan, and will #23 furnish a copy of such title binders to the city. Such coverage may #23 be contained in one ~inder or policy. The Agency will furnish within #23 the time limit gpecified in such binder or binders an owner's title #23 policy and mortgagee's title policy issued by such insurance company #23 with respect to the property. ~ach of bhe owner's policies will #23 insure that the Agency holds the title to the Property warranted in #23 this ~ection. Each of the mortgagee's title policies shall insure #23, that the City holds a first mortgage lien on the Property, and that #23' title to the Property is free ~nd clear of any liens or encumbrances #24' existing on the date hereof, except for Permitted Encumbrances. #(2, Ie) Leasing. The Property may be leased by the Agency as a #24: whole or in part, grovided however, that such lease shall not in any #24 way conflict ~ith the provisions of this Agreement, the mortgages #24, =-10- #10 # (l( 94348.9999.1147.01:3 granted to the city with respect to the Property or the County #(2 Agreement. Erior to any commercial lease of the Property. includinq 111 the leasinq of lany structures or buildinqs contained thereon, the !#2 Agency ~hall, at least 15 days prior to the effective ~ate thereof, !#2 submit the final draft copy of the lease agreement to the City #24 Attorney's office for approval. The Agency agrees to provide the #24 City with any information ~elating to such leases as the City may !#2 request other than residential leases for multifamily housinq of 111 which the Aqency is the Owner. !#( {f) County Convevance. The city covenants to release the 111 Aqency from all mortqaqes qranted by the Aqency with respect to 111 Property simultaneouslY with the occurrence of the County Conveyance I !#( and. in that reaard. the city shall execute such documents as are 111 necessary in the opinion of the County or the Aqency to evidence such 111 release. !#( ~ECTION 8. Events of Default. The following shall be #25 "events of default" under this Agreement, and the terms ~event of #25 default" or "default" shall mean, whenever they are used in this #(2 agreement, anyone or more of the following events: #25 - {a) Failure by the Agency to pay when due any loan payment #25 required to be paid under ~ection 5 hereof, which failure shall con- #25 tinue for a 2eriod of twenty (20) consecutive days. takinq into 111 account any qrace periOd provided to the Aqency under this Aqreement; !#2 {b) Failure by the Agency to observe and perform in any #26 material way ~ny covenant, condition or agreement on its part to be #26 observed or 2erformed as set forth herein, other than as referred to #26 in subsection {a) of this Section 8, which failure shall continue for #26 ::11- #10 # (1 94348.9999.1147.01:3 a geriod of thirty (30) days after written notice failure and requesting that it be remedied, is given the City, provided, however, that if the failure be be corrected but not within such 30 day geriod, then not be an event of default if appropriate ~orrective tuted by the Agency within the 30 day period ~nd diligently pursued #2~ until the failure is corrected. #(, specifYing such #21 to the Agency by #21 such that it can #21 such event shall #21 action is insti- #2( Q.ECTION 9. Remedies. Whenever any event of default #27 referred to in Section 8 hereof shall have happened and be continu- #27 ing, anyone or more of the following remedial ~teps may be taken; #27 provided that written notice of the default has Qeen given to the #27 Agency by the City and the default has not theretofore been cured: #27 ii) The City may at its option declare all #27 unpaid loan payments, ~ogether with interest then due #28 thereon, to be immediately due and gayable, whereupon #28 the same shall become immediately due and gayable; #28 iii) The City may terminate the balance of the #28 1ine of Credit Amount; and #28 .. {iii) The City may take any lawful action at law or in equity, including the institution of foreclosure proceedings and any other rights the City may have under any mortgage Qetween the city and Agency relat- ing to the Property, to collect the payments then due and thereafter to become due, or to enforce per- formance ~nd observance of any obligation, agreement or covenant of the agency under this Agreement, and the City shall be entitled to collect reasonable =-12- 94348.9999.11~7.01:3 #28 #28 # (2 #28' #291 # (2' #29: #29; # (2~ #10 #(H attorneys fees ~nd costs pursuant to Section II #29 hereof. #(2 ~ECTION 10. No Remedy Exclusive. No remedy conferred upon #29 or reserved to the City by this Agreement is intended to be exclusive #29 of any other available remedy or remedies, but each and gvery such #29 remedy shall be cumulative and shall be in addition to every other #(2 J;:emedy given under this Agreement or now or hereafter existing at law #29 Qr in equity or by statute. No delay or omission to exercise any #30 right Qr power accruing upon any default shall impair any such right #30 or power or shall ~e construed to be a waiver thereof, but any such #30 right and power may be ~xercised from time to time and as often as #30 may be deemed expedient. In order to entitle the City to exercise #(3 any remedy reserved to it pursuant to this section 10, it shall not #30 be necessary to give any notice, other than such notice as may ~e #30 herein expressly required. #(3 ~ECTION 11. PaYment of Fees and Exoenses. If the Agency #30 shall default under any of the provisions of this Agreement ~nd the #30 City shall employ attorneys or incur other expenses for the ~ollec- #31 tion of the loan payments or to secure possession, or to resell the #(3 froperty or for the enforcement of perfotmance or observance of any #31 Qbligation or agreement on the part of the Agency contained in this #31 agreement, the Agency will on demand therefor pay the reasonable fees #31 and gxpenses of the city and its attorneys (collectively referred to #31 as ~Additional Obligations"). To the extent that such Additional #31 Obligations Qf the Agency are not paid when due, notwithstanding any- #31 thing in this Agreement contained herein to the contrary, ~uch obli- #31 gations will be considered one or more loans made Qy the City #31 hereunder. Such loans, until paid, will bear interest at the same #32 rate as the other loans made to the Agency hereunder. #(3 =13- #10 # (I' 94348.9999.1147.01:3 ~ECTION 12. Recordation. Prior to the effectiveness #32 thereof and pursuant to the requirements of section 163.01(11) of the #32 Florida ~tatutes, this Agreement shall be filed with the Clerk Qf the #32 Circuit Court of the Fifteenth Judicial Circuit i.n and for Palm Beach #32 County, Florida., #(3 ~ECTION 13. Effect of Waiver. In the event any agreement #32 contained in this Agreement shall be breached ~nd such breach shall #32 thereafter be waived, such waiver shall be limited to the partiCUlar #(3 breach so waived and shall not be deemed to waive any other greach #33 hereunder. #(3 ~ECTION 14. Multiple Counterparts. This Aqreement may be 11l executed in several counterParts. each of which shall be reqarded as lil an oriqinal and all of which shall constitute one and the same lil document. !#( ~ECTION 15. Severability of Invalid Provisions. I f any #33 clause, provision or section of this Agreement be held illegal Qr #33 invalid by any court, the invalidity of such clause, provision Qr #33 section shall not affect any of the remaining clauses, provisions Qr #33 sections hereof, and this Agreement shall be construed and enforced #(3 ~s if such illegal or invalid clause, provision or section had not #33 geen contained herein. #33 : ~I " 'i: ~ECTION 16. Repealinq Clause. All resolutions and agree- #33 .~ rnents of the City and the Agency in conflict Qr inconsistent herewith #34 are hereby repealed insofar as any ~onflict or any inconsistency #34 exists. #(3 =14- #10 94348.9999.11~7.01:3 #(1 ~HEREFORE, the parties hereto have set their hands and #343 seals Qn the day set forth next to their signatures. #344 attest: CITY OF DELRAY BEACH. FLORIDA !#34 , i( iil: " :;1 l1ayor #349 #350 #352 Qate: attest: COMMUNITY REDEVELOPMENT AGENCY ! # 3 5 Chairman #356 #357 Qate: #359 approved as to form and legal sufficiency #361 #362 ID': #364 Xitle: #366 .. =-15- #10 # (lC 94348.9999.1147.01:3 DEP ART~A~NT AL CORRESPCJNDENCE [ITY OF DELRAY BEA[H ~~(i TO Wa~t,er O. Barry- City Manager Thru: Robert A. Barcinski- Asst. City Manager~ FROM Ted Glas- Purchasing Director ~~ SUSJEeT Purchase of Fire Hose via Dade County Contract DATE 4/11 /88 The Fire Department has requisitioned 3500 feet of polyurethane lined fire hose for their new fire trucks. Funding is available in Utility Tax Bond Account #333- 2311-522-60.89, where $110,975.00 is budgeted for fire equipment. The fire hose is available via Dade County Bid #166-37 at a net cost of $5.95/foot, and a total cost of $20,825.00. The awarded vendor is Snap- Tite Hose, Inc., and they are considered to have a top quality hose in the industry. Following staff analysis and review, it is recommended that the Dura-Light fire hose be purchased from Snap-Tite Hose, Inc. via Dade county Bid #166-37, at a total cost of $20,825.00 Attachments: Memo from Fire Department Dade County IFB Information Sheet on Dura-Light Hose pc: Chi ef Koen If) ft eM 362 THE EFFORT ALWAYS MATTERS DEPART JENTAL CORRESPONDENCE [ITY OF DElRAY BEA[H TED GLAS, PURCHASING ADMINISTRATOR '"'' CAPT. M. B. WIGDERSON, ACTING ASSISTANT CHIEF "'.'ii- FIVE (5) INCH HOSE PURCHASE 4/8/88 In accordance with line item 001-2311-522-60-88, of our current approved budget, I would like to purchase 3,500 feet of polyurethane lined, polyester reinforced, five (5) inch fire hose, synthetic cover, with Storz coupling. This type of hose will meet our needs both for hose loads and to supply potable water. The unique, non-toxic, polyurethane liner provides the added advantage of transporting large quantities of potable water in case of emergency and is FDA approved. I recommend that we purchase the hose via the Dade County bid #16637 at $6.00 per foot less discount for a net cost of $5.95 per foot,through the successful vendor, Snap-Tite. The total cost of this hose would be $20,825.00. Funds for this purchase are to be made available from the interest proceeds of the sale of the Utility Tax Bond and were approved by the City Commission during our budget hearings. Yvonne Kincaide can further inform you regarding this funding service. Your concurrence with this matter will be appreciated. ~~7/;1l( if /~J~(l ".j-(T.- Capt. M. B. Wigderson Acting Assistant Chief MBW/mmh , .' ~'.' J fj :' T H f" E i I U H I A L 'N /I, Y:; M A II [H S TO Thru: FROM SUBJECT CM 362 DEPARTr 'ENTAL CORRESPONDENCE [ITY DF DELRAY BEA[H ~ (j ~J Wi\lter O. Robert A. Ted Glas- Barry- City Manager Barcinski- Asst. City Purchasing Director Manager ::14' r/J Bids on Housing Rehabilitation Grant Awards: DATE 4/13/88 The Community Development Division handles and processes their own Formal Bids on housing rehabilitation, subject to Purchasing Department review. Purchasing's review of Bid #88-57 finds it to be in compliance with City Purchasing procedures. Staff recommendation to award contracts is as follows: Property Contractors Amount 507 S.W. 6th Street Frank Fidler/James Brown $16,555.00 27 N.W. 11th Avenue Frank Fidler/James Brown $11,115.00 421 S.W. 9th Court Frank Fidler/James Brown $16,580.00 18 S.W. 7th Avenue First Const. of Palm Beach $19,930.00 In addition, a 5% contingency allowance is requested, if needed. , Funds for this work are available in account #118-1963-554-60.23 (Housing Re- habil itation). Attachments: Memorandum from Coordinator of Community Development Bid Information Sheets qlB THE EFFORT ALWAYS MATTERS DEPARTt .~NTAL CORRESPONDENCE FROM Coordinator Lula Butler, Community Development [ITY DF DELRAY BEA[H ~(j TO Walter O. Barry, City Manager I." SUBJECT Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards 4/8/88 DATE According to the City of Delray Beach, Community Development Divi- sion's approved Statement of Policies and Procedures, we are hereby requesting City Council approval of three(3) Housing Rehabilitation Grant Awards. The grant amounts are based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingen- cy. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Community Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and the property owner. The City remains the agent and this office will monitor all work per- formed by the contractor and will ensure compliance according to specifications and program guidelines. Pay Request forms will require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. Housing Rehab Grant Awards are requested for the following: Case# Address Grant Amount 86-056HR 507 SW 6th Street 17,000.00 86-057HR 27 NW 11th Avenue 11,671. 00 87-039HR 421 SW 9th Court 17,000.00 rehab15 eM 362 THE EFFORT ALWAYS MATTERS