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07-26-88 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION July 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. Proclamation: Delray Beach National Little League. 5. Agenda approval. Action: Motion to approve. PUBLIC HEARINGS 6. WAIVER OF ORDINANCE AND APPROVAL - AMERICAN CANCER SOCIETY AUGUST 20, 1988. 7. ORDINANCE NO. 80-88: (First Reading) An Ordinance annexing property on Atlantic Avenue at Barwick with initial zoning of ART and PRD-L (Sherwood Forest Development). If passed Second Reading August 9th. 8. ORDINANCE NO. 75-88: (Continued Public Reading) An Ordinance rezoning 25 acres of City to RM to accommodate the proposed Auburn Trace If passed Second Reading August 9th. Hearing and First owned land from R-lA Housing Development. 9. ORDINANCE NO. 76-88: An Ordinance amending the lOth Street and Federal zoning from MF-lO to C. (Second Land Use Highway Reading and Second Public Plan for property located (Gulfstream Motor Lodge), Hearing) at S. E. changing 10. ORDINANCE NO. 78-88: (Second Reading and Second Public Hearing) An Ordinance amending the Land Use Plan for property located east of Military Trail, south of the L-32 Canal (Pylon Professional Building), changing zoning from MF-6 to O. 11. ORDINANCE NO. 81-88: (First property on South Federal Highway City zoning of GC and RM. If passed Reading) An Ordinance annexing (Enterprise Leasing) with initial Second Reading August 9th. 12. ORDINANCE NO. 82-88: (First Reading) An Ordinance amending the Zoning Code by revising the P.C.C. zoning district in its entirety. If passed Second Reading August 9th. 13. ORDINANCE NO. Chapter 162, "Signs to permit fees. If 83-88: (First Reading) An Ordinance and Billboards" of the Code of Ordinances passed Second Reading August 9th. amending relative 14. ORDINANCE NO. 84-88: (First Reading) An Ordinance amending Chapter 162, "Signs and Billboards" of the Code of Ordinances to eliminate the necessity of Community Appearance Board approval for certain signs within the central Business District. If passed Second Reading August 9th. 15. ORDINANCE NO. 85-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to allow identification structures to be placed in the medians or rights-of-way adjacent to subdivision entrances. If passed Second Reading August 9th. 16. ORDINANCE NO. 86-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to permit permanent special events sign. If passed Second Reading August 9th. 17. ORDINANCE NO. 87-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances providing that the definition of sign area shall equate with the definition of sign face. If passed Second Reading August 9th. 18. ORDINANCE NO. 88-88: (First Reading) An Chapter 162 "Signs and Billboards" of the Code of a freestanding directory sign in a nonresidential passed Second Reading August 9th. Ordinance amending Ordinances to permit zoning district. If 19. ORDINANCE NO. 89-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances providing for limitations on the size and number of freestanding identification signs in shopping centers. If passed Second Reading August 9th. 20. ORDINANCE NO. 90-88: (First Reading) An Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to permit a sign denoting the hours of business operation. If passed Second Reading August 9th. 21. ORDINANCE NO. 91-88: (First Reading) An Ordinance amending the Zoning Code by revising the definition of "Family". If passed Second Reading August 9th. PUBLIC HEARINGS - ENCLAVE ORDINANCES 22. ORDINANCE NO. 62-88: (Second Reading) An Ordinance for the annexation of Enclave 3lB, located on the west side of S. W. 4th Avenue, between Linton Boulevard and S. W. lOth Street. 23. ORDINANCE annexation of intersection of NO. 63-88: Enclave 32, S. W. lOth (Second Reading) located at the Street and S. W. An Ordinance for the southwest corner of the 4th Avenue. 24. ORDINANCE NO. 64-88: (Second Reading) An Ordinance annexation of Enclave 38, located between U. S. Highway No. 1 Intracoastal Waterway, south of S. E. 10th Street. for the and the 25. ORDINANCE NO. 65-88: (Second Reading) annexation of Enclave 39, located on the south the west end of said street, lying east Intracoastal Waterway. An Ordinance for the side of Brooks Lane, at of and adjacent to the 26. ORDINANCE annexation of (Highway AlA). NO. 66-88: Enclave 42, (Second located Reading) An at Linton Ordinance for the and Ocean Boulevard 27. ORDINANCE NO. 67-88: annexation of Enclave 46, Boulevard (Highway AlA) just (Second located south of Reading) An Ordinance for the along the east side of Ocean Linton Boulevard. 28. ORDINANCE NO. 68-88: (Second Reading) An Ordinance for the annexation of Enclave 47, located one quarter mile south of Linton Boulevard between Ocean Boulevard (Highway AlA) and the beach. 29. ORDINANCE NO. 69-88: (Second Reading) An Ordinance for the -2- annexation of Enclave 48, located one quarter mile south of Linton Boulevard on the west side of Ocean Boulevard (Highway AlA). 30. ORDINANCE NO. 70-88: annexation of Enclave 43, McCleary Street. (Second Reading) An Ordinance for the located in the Tropic Isle Subdivision off 31. ORDINANCE NO. 71-88: (Second Reading) An Ordinance for the annexation of Enclave 44, located on the southeast corner of the Sun Bank property to the north of Burger King on South Federal Highway, just south of Linton. 32. ORDINANCE NO. 72-88: (Second Reading) An Ordinance for the annexation of Enclave 45, located on the east side of South Federal Highway and is presently the site of a portion of the Delray Beach Toyota Automobile dealership. 33. ORDINANCE NO. 73-88: annexation of Enclave 58, Road and the L-30 Canal. (Second Reading) An Ordinance for the located at the southwest corner of Davis ENCLAVE ORDINANCES - FIRST READING - NO PUBLIC HEARING 34. ORDINANCE NO. 92-88: An Ordinance for the annexation of Enclave 49, located at 2325 South Ocean Boulevard (Cote d'Azure). If passed, Public Hearing August 23rd. 35. ORDINANCE NO. 93-88: An Ordinance for the annexation of Enclave 51, located east of Florida Boulevard and bordered on three sides by Tropic Bay Condominiums. If passed, Public Hearing August 23rd. 36. ORDINANCE NO. 94-88: An 52, located west of Federal Public Hearing August 23rd. Ordinance for the annexation of Enclave Highway, north of Lindell. If passed 37. ORDINANCE NO. 95-88: An Ordinance for the annexation of Enclave 54, located south of the South Delray Shopping Center and Avenue L. If passed, Public Hearing August 23rd. 38. ORDINANCE NO. 96-88: 56, located on the L-3l Hearing August 23rd. An Ordinance for the annexation of Enclave Canal off Barwick Road. If passed, Public 39. ORDINANCE NO. 97-88: An 57, located in the Windward Hearing August 23rd. Ordinance for the annexation of Enclave Palms Subdivision. If passed, Public 40. ORDINANCE NO. 98-88: An Ordinance for the annexation of Enclave 60, located south of Lake Ida Road between 1-95 and the FEC Railroad. If passed,Public Hearing August 23rd. 41. 64, feet ORDINANCE NO. 99-88: An located west of the FEC south of the L-32 Canal. Ordinance for the annexation of Enclave Railroad right-of-way approximately 750 If passed, Public Hearing August 23rd. 42. ORDINANCE NO. 100-88: An Ordinance for the annexation of Enclave 67, which consists of a mile long canal which lies east of Dover Road. If passed, Public Hearing August 23rd. 43. ORDINANCE NO. 101-88: An Ordinance for the annexation of Enclave 70, which consists of a vacant parcel of property and adjacent canals east of 1-95, west of the Tropic Palms Subdivision. If passed, Public Hearing August 23rd. FIRST READINGS - NOT ENCLAVES 44. ORDINANCE NO. 81-87: the Zoning Code relative to tabled on October 20, 1987. Reconsideration of an Ordinance amending the definition of "Family" which had been -3- SECOND READINGS - NOT ENCLAVES 45. ORDINANCE NO. 61-88: An Ordinance annexing property on North Federal Highway (Borton Volvo, Inc.) with initial zoning of SC. 46. ORDINANCE NO. 74-88: PCC and R-lA to SC for along Germantown Road. An Ordinance rezoning land presently zoned the proposed Wallace Automobile Dealership 47. ORDINANCE NO. 79-88: An Ordinance rezoning land presently zoned SAD to POC for the existing Pylon Professional Building, located east of Military Trail, south of the L-32 Canal. 48. CONDITIONAL USE PERMIT REQUEST (CU conditional use and attendant site plan for the southwest corner of Federal Highway and S. 6-241): Requesting proposed Hotel/Motel E. lOth Street. a at 49. ORDINANCE NO. 77-88: An Ordinance rezoning land presently zoned RM-lO to SAD for the proposed Gulfstream Motor Lodge located at S. E. 10th Street and Federal Highway. REGULAR AGENDA 50. DOLPHIN PILE VARIANCE REQUEST - MICHAEL BACARELLA: Requesting a variance for installation of dolphin pile at 917 Banyan Drive. 51. DOLPHIN Requesting a Drive. PILE VARIANCE REQUEST NANCY SIEGEL-OLMSTEAD: variance for installation of dolphin pile at 947 Jasmine 52. INTERLOCAL AGREEMENT FOR DEVELOPMENT OF 33 SINGLE FAMILY HOMES: Consider authorizing execution of Interlocal Agreement between the City and Palm Beach County for the development of 33 single family homes bounded by S. W. 2nd Street and S. W. 8th Avenue. 53. TEMPORARY TENT - REVIVAL MEETING: Consider request from Daughter of Zion Seventh Day Adventist Church to erect a tent on their property located across the street from their church at 201 N. W. 3rd Avenue for a revival meeting from July 31st through September 3rd. 54. TEMPORARY TENT - REVIVAL MEETING: Consider request from Bethanie Zion 7th Day Adventist French Church to erect a tent on vacant property located on the corner of S. W. 6th Avenue and S. W. 10th Street for a revival meeting from July 31st through August 27th. CONSENT AGENDA 55. CHILDREN SERVICES COUNCIL GRANT: Consider acceptance of a $112,362 grant from the Children Services Council for the expansion of afterschool program at the Community Center, Carver School and Pompey Park. 56. LAW ENFORCEMENT ACCREDITATION: Consider appropriation of $18,000 from Law Enforcement Trust Fund for second phase of Law Enforcement Accreditation. 57. CONDITIONAL USE PERMIT conditional use and attendant Automobile Dealership facilities REQUEST (CU 6-222): Requesting a site and development plan for Wallace east of Germantown Road. 58. CONDITIONAL USE PERMIT REQUEST (CU 6-575): conditional use and attendant site and development plan Gasoline Station at the northwest corner of Atlantic and Requesting a for the Exxon Congress. 59. RESOLUTION nuisances on 31 the City. NO. 40-88: A Resolution assessing costs for abating parcels of property at various locations throughout 60. RESOLUTION NO. 41-88: A Resolution assessing costs for abating -4- nuisances on 4 parcels of property at various locations throughout the City. 61. RESOLUTION action required Federal. NO. 42-88: A Resolution assessing costs for abatement to remove an unsafe building on property at 911 North 62. RESOLUTION action required 10th Avenue. NO. 43-88: A Resolution assessing costs for abatement to remove an unsafe building on property at 102 N. W. 63. AWARDS OF BIDS AND CONTRACTS: A. Scott Airpacs - Safety Equipment Company _ $21,743.30. B. Handtools and Hardware Supplies - Duncan-Edwards _ $21,000. C. Cellular Telephones $lO,680. Cartel Business Communications D. Watermain Construction in Delray Beach Municipal Golf Course - Onontario of Palm Beach - $251,817.45. E. Street Resurfacing - Hardrives of Delray _ $300,510. F. N. E. lst Street Storm Drainage Project _ Hardrives of Delray - $749,763. G. Contract for Construction of Air Stripping Units to Treat the 20 Series Wel1field - Elkin Construction _ $l,485,478.90. H. Water and Sewer Revenue Bond Issue _ Paying Agent and Registrar - Citizens and Southern _ $l2,075. Escrow Agent - Mid1antic National Bank - $11,200. PROCEDURAL ITEMS 64. Comments and Inquiries on Non-Agenda Items by Citizens. 65. Approval of minutes of Regular Meeting of June 28, 1988, 66. Comments and Inquiries on Non-Agenda Items: A. Commission. B. City Attorney. C. City Manager. -5- [ITY OF DELAAY BEA[H 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 ADDENDUM REGULAR MEETING - CITY COMMISSION July 26, 1988 No.4B Presentation: Labor Day Police Competition - Ray Gerner, Director De1ray Citizens for De1ray Police No.30 Ordinance No. 70-88 is withdrawn for revision and re- advertisement THE EFFORT ALWAYS MATTERS 305/243- 7000 [ITY DF DELAAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000 EXECUTIVE SESSION OF THE CITY COMMISSION An Executive Session to review Collective Bargaining matters will be held on Tuesday, July 26, 1988, in the Conference Room at 6:00 P.M., pursuant to Florida Statutes 447.605. THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF JULY 26, 1988 DATE: July 22, 1988 PRESENTATION PUBLIC HEARINGS - NON ENCLAVE ORDINANCES Item No. 6 Request for Waiver of Ordinance. The American Cancer Society South Palm Beach County Unit represented by Karen Mathews has requested permission to distribute free sunscreen products from booths place along the public beach on August 20th between 11 a.m. and 2 p.m. The American Cancer Society will not be endorsing any particular product but rather promoting safe sunning practices. All permit applications, proof of liability insurance, and other staff requirements have been satisfied. Reconunendwaiver of Code Section 101.25 (B) (sale of goods or services on the beach) and approval of the American Cancer Society "Sun-Safety" program. Item No. 7 (Ordinance No. 80-88) Sherwood Forest Golf, Inc., represented by the Sanders Planning Group has requested voluntary annexation with initial zoning of PRD-L and ART for 73.28 acres of property located on the south side of West Atlantic Avenue between Country Club Acres and Forest Road. The 73.28 acre tract is presently utilized for golf course purposes. It is proposed to construct 131 single family detached zero lot line housing units surrounding the golf course which will remain as will a driving range adjacent to Atlantic Avenue. There are no required an enclave, required voluntary annexation. findings other than annexation will not create by Florida Statutes prior to approval of a The proposed zoning designations are PRD-L (Planned Residential Development--Low to Medium Density) for 62.87 acres and ART (Agricultural Residential Transitional) for 10.41 acres. The proposed development of single family, zero lot line homes is consistent with the existing Land Use Map designation and adjacent zoning. The Planning and Zoning Board at its June 20th meeting recommended that the annexation and zoning request be acted upon at this time but has continued the conditional use and site plan review until a later date. The Planning and Zoning Board recommends approval of the annexation and finding that: 1. That annexation will not create an additional enclave(s). , 2. That service will similar to that for already in the City. be provided to this property in a manner similarly situated properties which are 3. That the proposed zoning of PRD-L and ART are 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 the existing County zoning course) of the property. consistent (does not conflict) with of AR or the existing use (golf AGENDA REPORT Meeting of July 26, 1988 5. The proposed zoning is consistent (does not conflict) with the City's Land Use Plan designation of SF for the property. 6. That a Title Certificate for the parcel fronting on Atlantic Avenue and a corrected annexation application encompassing that parcel is submitted. Recommend approval owned by Sherwood and ART. of Ordinance 80-88 annexing 73.28 acres of property Forest Golf, Inc. with an initial zoning of PRD-L Item No. 8 (Ordinance No. 75-88) This is a continued Public Hearing and First Reading of an Ordinance rezoning 25 acres of property from R-lA to RM-lO to accommodate the proposed Auburn Trace affordable housing development. A 13 acre parcel adjacent to this one is presently zoned RM10. Approval of this rezoning action will allow the development of 368 units of low and moderate income housing on the presently vacant sites. The rezoning action on this property was initiated in November 1987 with a proposed designation of RH. Following Planning and Zoning Board hearings in January, it was recommended that zoning for the Auburn Trace project be changed to RM consistent with a companion action on a Land Use Map Amendment. Under provisions of the RM zoning district seven units per acre is guaranteed. An increase in density of up to ten units per acre is permitted provided that performance standards are met in the site plan of the project. A detailed analysis of those performance standards is contained in a backup memo enclosed in your agenda packet. In considering this rezoning action the Commission should be guided by the 17 standards found in the City's Municipal Code Section 173.888. They include: 1. will the change be contrary to the existing Land Use pattern? 2. Will the change alter the population density pattern, thereby increasing the load on public facilities such as schools, utilities, streets, and the like? 3. Will the change adversely influence living conditions in the neighborhood? 4. What impact will the projects have on traffic and drainage in the area? 5. Will the change adversely affect property values in the area and the adjacent area? 6. Is the change out of scale with the needs of the neighborhood or the City? City and Palm Beach County School Board staff -met to discuss the impact the Auburn Trace Complex might have on school attendance boundaries and racial composition. Following that meeting a position statement from the District opposing the Auburn Trace complex was forwarded. A copy is enclosed in your agenda packet as are memos from the Director of Community Improvement and the Planning & Zoning Director assessing the affordable housing proposal. The Auburn Trace development has a long history. At issue is whether or not 368 units of low and moderate income housing on this 38 acre tract is an appropriate use given its location and its impact on racial composition of various school attendance areas in South Palm Beach County. The City and procacci Development Company received a UDAG Grant in the amount of $5,048,860. The grant application - 2 - AGENDA REPORT Meeting of July 26, 1988 contemplated 368 units of housing with rentals ranging from $290 to $494 per month. An amenity package for the apartment complex includes a privacy wall and a security system all of which are designed to attract a stable tenant mix and offer a quality living environment. Several suggestions for proposals with lower densities have recently been discussed as alternatives. A review of the circumstances and conditions which existed when the plan initially went forward in the fall of 1987 till now do not support a change in direction at this time. The City needs an affordable housing component to ~ts redevelopment plan. It is consistent with our Community Redevelopment and Code Enforcement efforts. A market for quality housing in this price range exists based on the market rental rates in Delray Beach even for properties with no amenities. Rentals for similar property in the "CD target area" range between $350 and $550. The CRA currently received $335 per month on one bedroom units it owns and manages on S.W. 1st Street. Although there is no way to guarantee or accurately forecast the actual number, it is reasonable to expect that most if not all of the new residents can be drawn from the Delray Beach population. It is not unreasonable to expect that professionals and semi-professionals such as police, fire, sales, education, and other workers in similar income groups will find this housing attractive given the Auburn Trace amenity packages and built in security systems. It is important to keep in mind that will imposing lower densities may still allow a financially feasible project, there are other cash flow factors to consider. A reduction in construction and mortgage costs for a complex fewer units will occur. Operating costs for an apartment complex of this size will not however be reduced and thus the amenity package which makes this project a worthwhile one, may not be affordable with lowered operating revenues. By way of summary, the City has a $5,048,860. UDAG Grant to offset the cost of this affordable housing complex. A market exists for the housing; the parcels being considered for development are unlikely candidates for non-residential development; and the developer has signed a contract to construct the housing. On the other hand there is some community concern about the impact that 368 units of additional housing in this largely black neighborhood will have on the future of Delray Beach, especially its school population. A nine member task force consisting of City and School District staff and members of the public will be convening shortly to address this topic which is of course a regional issue in addition to being a Delray Beach issue. While not discounting this issue, its impact does not weigh against proceeding with this important component to the City's housing assistance plan which will provide 368 units of low and moderate income housing in a quality environment. of Ordinance No. associated with ro osed from R-lA to RM. 75-80 Auburn rezoning 25 acres of Trace affordable housin Item No.9 (Ordinance No. 76-88). This is a Second Reading of an Ordinance amending the Land Use Plan for property located at S.E. 10th and Federal Highway from MF-10 to C. Freedom Savings and Loan Association, represented by Currie, Schneider and Associates, has requested consideration of a Land Use Plan Amendment from MF-10 to C. The vacant 2.07 acre parcel is proposed as a site of a new 98 room hotel/motel to be called the Gulfstream Motor Lodge. The Planning and Zoning Board at its June 20th meeting recommended approval of the request for the proposed Land Use and zoning changes finding them consistent with existing Land Use patterns and surrounding zoning designations. Contemplating approval of this Land - 3 - AGENDA REPORT Meeting of July 26, 1988 Use Plan Amendment a conditional use and site plan and rezoning ordinance are included later in your agenda. Recommend approval of Ordinance designation from MF-10 to C for and S.E. Federal Highway. Item No. 10 (Ordinance No. 78-88) This is a Second Reading of an Ordinance amending the Land Use Plan from MF-6 to Office for property located along Military Trail south of the L-32 Canal. Pylon Medical Associates, Ltd. represented by David L. Keesler has requested consideration of a Land Use Plan amendment from MF-6 to Office. The 1.967 acre parcel presently contains a professional office building on the site. No. 76-88 amending the Land Use Plan property located at S.E. 10th Street The Planning and Zoning Board recommended approval of the Land Use Plan modification at their June 20th meeting. Recommend approval of Ordinance No. 78-88 amending the Land Use Plan from MF-6 to 0 to POC for the Pylon Professional Building. Item No. 11 (Ordinance No. 81-88) This is a First Reading of an Ordinance voluntarily annexing Enterprise Leasing located on South Federal Highway and applying City zoning of GC and, for one lot only, RM zoning. This item has been before the City Commission earlier when the appropriateness of Commercial zoning on Lot 14 was discussed. At. that time the Commission determined that Lot 14 should remain Residential and that two zoning designations should be applied. The owner's representative has met with his client who is receptive to the split zoning approach and asks that processing resume. Recommend approval of Ordinance No. 81-88 annexing Enterprise Leasing and applying zoning of GC and RM. Item No. 12 (Ordinance No. 82-88) Amendment to the Zoning Code revising P.C.C. (Planned Commercial Center) Zoning District. The P.C.C. Zoning District has existed in the City for a number of years. The first project to use the zoning was Congress Park South with a site plan approved in 1982. The present language in our zoning code was included in 1985 modifications following which the Delray Park of Commerce began development. The Delray Park of Commerce located on Congress Avenue north of Lake Ida Road has consistently desired changes to the regulations in order to provide more flexibility for development. The Planning and Zoning Board at its June 27th meeting adopted a number of changes to significantly increase flexibility within the P.C.C. District by increasing the land area available for service industry use and allowing pure research and development uses to locate anywhere in the P.C.C. regardless of the land use designations otherwise noted on the development plan. There is also more exact definition provided as to use categories and the research and development category is removed from the light industrial definition. Recommend approval of Ordinance No. 82-88 amending the Zoning Code by revising P.C.C. zoning district in its entirety. Item No. 13 (Ordinance No. 83-88) This is a First Reading of an Ordinance amending Chapter 162, "Signs and Billboards" of the Code of Ordinances relative to permit fees. This item and the six ordinances which follow amend the City's sign ordinance to reflect consensus from your work session on June 21st. The City Attorney has determined individual ordinances are required for each of the amendments. Recommend approval of Ordinance No. 83-88 amending sign and billboard permit fees. - 4 - AGENDA REPORT Meeting of July 26, 1988 Item No. 14 (Ordinance No. 84-88) This is a First Reading of an Ordinance amending Chapter 162, "Signs and Billboards" of the Code of Ordinances to eliminate the necessity of Community Appearance Board approval for certain signs within the Central Business District. Recommend a roval of Ordinance eliminating to ap rove certain si Ordinance No. 84-88 amendin Si n and Billboard the necessity of the Community Appearance Board ns within the Central Business District. Item No. 15 (Ordinance No. 85-88) This is a First Reading Ordinance amending Chapter 162 "Signs and Billboards" of the Ordinances to allow identification structures to be placed medians or rights-of-way adjacent to subdivision entrances. of an Code of in the Recommend a roval of Ordinance structures to be placed in the subdivision entrances. No. 85-88 to allow identification medians or rights-of-way adiacent to Item No. 16 (Ordinance No. 86-88) This is a Fir-st Ordinance amendin'J Chapter 162 "Signs and Billboards" Ordinances to permit permanent special events sign. Reading of an of the Code of Recommend a roval of Ordinance No. 86-88 amend in the Billboard Ordinance to permit permanent special events signs. Si nand Item No. 17 (Ordinance No. 87-88) This is a First Reading Ordinance amending Chapter 162 "Signs and Billboards" of the Ordinances providing that the definition of sign area shall with the definition of sign face. of an Code of equate Recommend a roval Billboard Ordinance shall equate to the of Ordinance No. 87-88 amend in to provide that the definition definition of the sign face. the Si~n and of a sign area Item No. 18 (Ordinance No. 88-88) This is a First Reading of an Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to permit a free-standing directory sign in a nonresidential zoning district. Recommend a roval of Ordinance Billboard Ordinance to permit a nonresidential zoning district. No. 88-88 amendinthe Si~n and free-standing directory sign in a Item No. 19 (Ordinance 89-88) This is a First Reading of an Ordinance amending Chapter 162 "Signs and Billboards. of the Code of Ordinances providing for limitations on the size and number of free-standing identification signs in shopping centers. Recommend a roval of Ordinance No. 89-88 amendino the Si nand Billboard Ordinance providing for limitations for the size and number of free standing identification signs in shopping centers. Item No. 20 (Ordinance No. 90-88) This is a First Reading of an Ordinance amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to permit a sign denoting the hours of business operation. Recommend a roval of Billboard Ordinance to operation on structures. Ordinance No. permit signs 90-88 amendin_ the Si~n and denoting the hours of business Item No. 21 (Ordinance No. 91-88) Amendment of the zoning code to revise definition of family. This ordinance was prepared following workshop meetings on December 9, 1986, June 16, 1987, September 15, 1987, October 20, 1987, and on Tuesday July 19, 1988. The Ordinance is similar to those which are in effect in West Palm Beach, Lake Worth - 5 - AGENDA REPORT Meeting of July 26, 1988 and Miami Beach and will assist our Code Enforcement effort by limiting the number of unrelated adults living in a household. Recommend approval of Ordinance No. 91-88 relative to definition of family. PUBLIC HEARING- ENCLAVE ORDINANCES* *These Ordinances have been distributed to you previously and are not enclosed in your 7/26 agenda packet because they were in your 6/28 agenda packet. A copy of each Ordinance i~ located in the Commission office should you be unable to find a specific Ordinance. Item No. 22 (Ordinance No. 62-88) This is a Second Reading of an enacting Ordinance annexing Enclave No. 31B. This Enclave includes properties between S.W. 10th Street and the Southridge Subdivision. It also includes the undeveloped eastern portion of Southridge. Proposed zoning is R-lA and for one parcel only, RH. The level of servJ.ce is "D" meaning water and sewer is not generally available and there are significant costs and factors to provide service to the enclave. On the other hand the benefit to the City comes from the increased level of code enforcement and Police presence which is necessary in this particular enclave. The difficulty in coordinating law enforcement and property maintenance codes weigh in favor of annexation of this enclave. Recommend approval of Ordinance No. 62-88 for the annexation of Enclave No. 31B with proposed zoning of R-1A and RH. Item No. 23 (Ordinance No. 63-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave No. 32 which consists of a single 9.3 acre parcel on which the Pine Grove Elementary School is located. The initial proposed zoning is to CF. 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. 63-88 annexing Enclave No. 32 with proposed zoning of CF. Item No. 24 (Ordinance No. 64-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave 38 which consists of a single 4.09 acre parcel owned by the Florida Inland Navigation District (FIND). The undeveloped vacant parcel is located along the Intracoastal Waterway east of a point where Federal Highway north and southbound come together, south of 10th Street S.E. Proposed zoning for the vacant parcel is CF. The level of service is "A" meaning that all services are immediately available. Recommend a roval of Ordinance No. 65-88 annexin Enclave No. 38 with proposed zoning of CF. Item No. 25 (Ordinance No. 65-88) This is a Second Reading of an Ordinance for the annexation of Enclave No. 39 which consists of a single family residence on one parcel totalling .27 acres located on Brooks Lane west of Ocean Boulevard (Highway A-1-A) with proposed zoning of R-1AA. Level of service is "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. 65-88 annexing Enclave 39 with a proposed zoning of R-1AA. Item No. 26 (Ordinance No. 66-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave No. 42 which consists - 6 - AGENDA REPORT Meeting of July 26, 1988 of three parcels of property with a total acreage of 3.09 acr~s. The site is presently occupied by the Colony Cabana Club located at Linton and Ocean Boulevard (Highway A-1-A). Proposed zoning is RH. A public hearing will be held by the Planning and Zoning Board on Monday June 23rd and it is possible that density recommendations may be altered fOllowing the Planning and Zoning Board hearing. The level of service is "B" meaning that service meets general standards and is equal to that provided similarly situate areas in other parts of the City. Recommend approval proposed zoning of Board. of RH Ordinance No. 66-88 annexing Enclave 42 with a pending findings by the Planning and Zoning Item No. 27 (Ordinance No. 67-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave No. 46 which consists of 40 existing multiple family residences on two parcels of property totalling 2.7 acres. The properties are located along the east side of Ocean Boulevard (Highway A-I-A) just south of Linton Boulevard. Proposed zoning is RH pending the findings of the Planning and Zoning Board at their meeting on June 23rd at which time a public hearing will be held. The level of service is "B" meaning that service meets general standards and is equal to that provided similarly situated areas in other parts of the City. Recommend approval a proposed zoning Zoning Board. Item No. 28 (Ordinance No. 68-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave No. 47 which consists of a six foot wide strip of land approximately 1/4 mile south of Linton Boulevard between Ocean Boulevard (Highway A-1-A) and the Beach. The parcel totals .06 acres and a proposed zoning of RH is recommended pending comments at a public hearing scheduled before the Planning and Zoning Board on June 23rd. The level of service is "A" meaning that all existing services are immediately available. of Ordinance No. 67-88 annexing Enclave No. 46 with of RH pending the findings by the Planning and Recommend approval a proposed zoning Board. of Ordinance No. 68-88 annexing Enclave No. 47 with of RH pending findings by the Planning and Zoning Item No. 29 (Ordinance No. 69-88) This is a Second Reading of an enacting Ordinance for the annexation of Enclave No. 48 which consists of three single family residences on three parcels totalling 1.07 acres located approximately 1/4 mile south of Linton Boulevard along the west side of Ocean Boulevard (A-1-A). Proposed zoning is RH pending a recommendation from the Planning and Zoning Board following their public hearing scheduled for June 23rd. The level of service is "c" as a result of the sewer service not being readily available. Sewer service will be provided at owner expense. Recommend approval of Ordinance No. 69-88 annexing Enclave 48 with proposed zoning of RH pending the findings by the .Planning and Zoning Board. Item No. 30 (Ordinance No. 70-88) WITHDRAWN. Item No. 31 (Ordinance No. 71-88) This is a Second Reading of an enacting Ordinance for the Annexation of Enclave No. 44 which consists of two parcels of developed land on the southeast corner of the Sun Bank property to the north of Burger King on South Federal Highway just south of Linton. Proposed zoning is SC. The lots total .29 acres. The level of service is "A" meaning that all existing services are immediately available. - 7 - AGENDA REPORT Meeting of July 26, 1988 Recommend approval of Ordinance No. 71-88 annexing Enclave No. 44 with a proposed zoning of SC. Item No. 32 (Ordinance No. 72-88) This is a Second Reading of an enacting Ordinance for the Annexation of Enclave No. 45 which consists of a 1.01 acre parcel located on the east side of south Federal Highway and is presently the site of a portion of the Delray Beach Toyota Automobile dealership. The level of service is "A" meaning that all existing services are immediately available. Proposed zoning is GC. Recommend approval of Ordinance No. 72-88 annexing Enclave No. 45 with a proposed zoning.of GC. Item No. 33 (Ordinance No. 73-88) This is a Second Reading of an enacting Ordinance for the Annexation of Enclave No. 58 which consists of a 29.19 acre area containing 21 existing and five vacant single family lots in Lone Pine Estates. Proposed zoning is ART (Agricultural Residential Transitional). The level of service is ."D" primarily as a result of the absence of water and sewer service and the additional Fire and EMS services required. When water and sewer becomes available, property owners will be assessed the appropriate connection fee. It is anticipated that revenues derived from property taxes will largely offset additional expenses required otherwise. Recommend approval of Ordinance 73-88 annexin~ Enclave No. 58 with a proposed zoning of ART. ENCLAVE ORDINANCES - FIRST READING -(NO PUBLIC HEARING) Item No. 34 (Ordinance No. 92-88) This is a First Reading of an enacting Ordinance annexing Enclave No. 49 which consists of two parcels totalling 1.2 acres under one ownership. The eastern side is occupied by a 17 unit hotel, the western portion is vacant. Proposed zoning is RH. The level of service is "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. 92-88 annexing Enclave No. 49 with proposed zoning of RH. Item No. 35 (Ordinance No. 93-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 51 which consists of a single family home on a .19 acre parcel of property lying east of Florida Boulevard and bordered on three sides by Tropic Bay Condominiums. Proposed zoning is RH. The level of service is "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 93-88 annexing Enclave No. 51 with proposed zoning of RH. Item No. 36 (Ordinance No. 94-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 52 located west of Federal Highway, north of Lindell, which consists of four parcels totalling 4.25 acres containing approximately 67 mobile home sit~s and three single family homes. Proposed zoning is GC with the mobile home park remaining as a non-conforming use. The level of service is "c" as sewer service is not readily available. Sewer service will be provided at owner expense. Recommend approval of Ordinance No. 94-88 annexing Enclave 52 with proposed zoning of GC. Item No. 37 (Ordinance No. 95-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 54 which consists - 8 - AGENDA REPORT Meeting of July 26, 1988 of two single family residences and two vacant lots on a .98 acre parcel of property. This Enclave is located south of the South Delray Shopping Center and Avenue L. Proposed zoning is RM. The level of service is "A" meaning that all existing services are immediately available. Recommend approval of Ordinance No. 95-88 annexing Enclave No. 54 with proposed zoning of RM. Item No. 38 (Ordinance No. 96-88 This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 56 which consists of two five acre agricultural parcels, with a single family home on each parcel totalling 10 acres. This Enclave is located on the L-31 Canal off Barwick Road. Proposed zoning is ART. The level of service is "c" as a result of the sewer service not being readily available. Sewer service will be provided at owner expense. Recommend approval of Ordinance No. 96-88 annexing Enclave No. 56 with proposed zoning of ART. Item No. 39 (Ordinance No. 97-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 57 which consists of 42 existing single family homes and 9 vacant single family parcels on a 13.34 acre parcel. Proposed zoning for the property which is located in the Windward Palms subdivision is R-1A-B. The level of service is "D" primarily as a result of the absence of water and sewer services and the additional Fire and EMS services required. When water and sewer becomes available, property owners will be assessed the appropriate connection fee. It is anticipated that revenues derived from property taxes will largely offset additional expenses required otherwise. Recommend approval of Ordinance No. 97-88 annexing Enclave No. 57 with a proposed zoning of R-lA-B. Item No. 40 (Ordinance No. 98-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 60 which consists of a vacant 1.35 acre parcel of property located south of Lake Ida Road between 1-95 and the FEC Railroad. The proposed zoning is LI. The level of service is "C" as a result of the sewer service not being readily available. Sewer service will be provided at owner expense. Recommend approval of Ordinance No. 98-88 annexing Enclave No. 60 with proposed zoning of LI. Item No. 41 (Ordinance No. 99-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 64 which consists of a vacant .63 acre parcel of land located west of the FEe Railroad right-of-way approximately 750 feet south of the L-32 Caniill. Proposed zoning is MI. The level of service is nB- 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. 99-88 annexing Enclave No. 64 with proposed zoning of MI. Item No. 42 (Ordinance No. 100-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave No. 67 which consists of a 6.15 acre strip of canal which lies east of Dover Road. Proposed zoning is RM-6 and RM-10. The level of service is "A" meaning that all services are immediately available. Recommend approval of Ordinance No. 100-88 annexing Enclave No. 67 with proposed zoning of RM-6 and RM-10. - 9 - AGENDA REPORT Meeting of July 26, 1988 Item No. 43 (Ordinance No. 101-88) This is a First Reading of an enacting Ordinance for the annexation of Enclave 70 which consists of a vacant 10.86 acre parcel of property and adjacent canals totalling 9.08 acres east of 1-95, west of the Tropic Palms subdivision. Proposed zoning is ART. The level of service is "c" as a result of the sewer service not being readily available. Sewer service will be provided at owner expense. Recommend approval of Ordinance No. 101-88 annexing Enclave No. 70 with proposed zoning of ART. FIRST READINGS- NON ENCLAVE ORDINANCE Item No. 44 (Ordinance No. 81-87) Definition of Family. This Ordinance had been considered by the City Commission, was adopted on First Reading and, following a public hearing at Second Reading was tabled indefinitely. In order to take final action n this Ordinance it should be taken off the table and the earlier action rescinded. Following that, the Ordinance may be denied. This item will have two actions which may be considered 44A and 44B. Recommend (A) Ordinance 81-87 be earlier action of the Commission Reading be rescinded; and (E) that taken off the approving the Ordinance 81-87 table and Ordinance be denied. that the on 1 s t SECOND READINGS- NON ENCLAVE ORDINANCES Item No. 45 (Ordinance No. 61-88) This is a Second Reading of an Ordinance for the annexation of property on North Federal Highway. Borton Volvo, Inc. represented by Roger Saberson, has requested voluntary annexation of a 4.9 acre parcel of property located on North Federal Highway adjacent to N.E. 22nd Street extended. The 4.09 acre parcel requested for voluntary annexation is contiguous to the City via property on the west side of u.S. 1 at the southwest portion of the site. The Planning and Zoning Board at its May 16th meeting recommended approval of annexation with initial zoning of SC (Specialized Commercial) finding that a new enclave will not be created by this annexation, that approval is consistent with adjacent zoning, does not conflict with existing County zoning on usage and does not conflict with the City's Land Use designation (C) for this property. Recommend approval of Ordinance No. 61-88 annexinq property owned by Borton Volvo located on North Federal Highway, with a proposed zoning of SC. Item No. 46 (Ordinance No. 74-88) Ordinance rezoning property located Road north of Wallace Nissan from parcel is presently vacant and automobile dealership. This is a Second Reading of an on the east side of Germantown PCC and R-IA to SC. The 11.28 acre is intended for expansion of an The Planning and Zoning Board at its June 20th meeting recommended approval of the rezoning request and conditional use finding that the proposed zoning of SC is consistent with adjacent zoning and does not conflict with the City's Land Use Plan designation for this property. Recommend approval of Ordinance No. 74-88 rezoning property located on the east side of Germantown Road north of Wallace Nissan from PCC and R-1A to SC. Item No. 47 (Ordinance No. 79-88) This is a Second Reading of a Companion Ordinance to the above item for rezoning from SAD to POC (Planned Office Center) for property located along Military Trail south of the L-32 Canal. Pylon Medical Associates, Ltd. represented - 10 - AGENDA REPORT Meeting of July 26, 1988 by David L. Keesler has requested rezoning from SAD to Office Center). The 1.967 acre parcel presently professional office building on the site. " The changes are being requested to accommodate a broader range of uses than are allowed under the existing SAD to avoid the need to continually process each new request to the Planning and Zoning Board and City Commission. POC zoning will allow business, professional, medical, and dental offices in addition to those presently provided for in the SAD. The developer believes he can move more easily to lease available space with the greater flexibility. POC (Planned contains a The Planning and Zoning June 20th meeting and stipulations: Board reviewed the rezoning request at their" recommended approval subject to the following 1. Installation of a 6' Cyclone fence along the north property line and a 4 1/2 foot hedge. 2. Planting "trees along the south spacing of 24 feet and installation of maintained at six foot height. property line to provide a 4 1/2 foot hedge, to be 3. Replacement of dead Queen Palm in the entry median and one along north border of the property. 4. Replacement of ground cover in the entry median. 5. Replacement either side of building. of the ground cover at entry to the building and on stairway to the north and south side of the 6. Trim dead palm fronds, fertilize plant materials, remulch planting beds to a minimum 2 inch depth, and trim Orchid Trees. 7. Provide trees a maximum of 25 feet on center along the east property line. 8. Repaint south wall in the color originally approved by CAB. Stipulation number 1 developer will place a of the cyclone fence. was modified at your July 12th meeting. The six foot hedge along the property line in place Recommend approval of Ordinance No. 79-88 rezoning Professional Building on Military Trail south of the L-32 SAD to POC sUbject to the stipulations cited above. Item No. 48 Conditional Use Request (CU 6-241). This is a request for a Conditional Use and Attendant Site plan for the proposed Gulfstream Motor Lodge located at S.E. 10th Street and Federal Highway. Site plan approval is required prior to applying the zoning designation of SAD to a parcel. Pending approval of this Conditional Use request, Ordinance 77-88 which follows will apply SAD zoning to the Gulfstream Motor Lodge project located at S.E. 10th Street and Federal Highway. the Pylon Canal from Recommend approval of Conditional Use Request (CU 6-241) and attendant site plan for the proposed Gulfstream Motor Lodge located at S.E. lOth Street and Federal Highway. Item No. 49 (Ordinance No. 77-88) This is a Second Reading of an Ordinance rezoning the above mentioned property at Federal Highway and S.E. 10th Street from RM-10 to SAD. Freedom Savings and Loan Association, represented by Currie, Schneider and Associates, has - 11 - AGENDA REPORT Meeting of July 26, 1988 requested rezoning from RM-10 to SAD in order to construct a new 98 room hotel/motel to be called the Gulfstream Motor Lodge. The Planning and Zoning Board at its June 20th meeting recommended approval of the request for the proposed Land Use and zoning change to C finding them consistent with existing Land Use patterns and surrounding zoning designations. Following discussion at your June 28th meeting it was determined that application of SAD zoning would be preferable to Commercial zoning. Utilization of SAD zoning will assure the intended use of this parcel as a Motor Lodge will occur as planned. Recommend approval of Ordinance No. 77-88 rezoning property located at Federal Highway and S.E. 10th Street from RM-lO to SAD. REGULAR AGENDA Item No. 50 Dolphin Pile Variance. Mr. and Mrs. Bacarella have requested a variance in order to construct a dolphin pile closer than the 25 foot minimum distance from adjacent property as required by the City Code. The request is rather complex and has involved litigation between one property owner and an adjacent neighbor. Engineering staff, following discussion with the City Attorney have recommend approval of the variance because they believe it impossible to construct a dolphin pile at this location and meet City Code requirements. The variance will not present a danger to public safety however, adjacent property owners have objected to the variance request. Copies of their letters are attached. Recommend approval construction of a Isle subdivision. of a variance to setback requirements for dOlphin pile at the rear of lot 169 in the Tropic Item No. 51 Dolphin Pile Variance. Nancy Siegel-Olmstead, 947 Jasmine Drive in Tropic Isle has requested a variance in order to construct a dolphin pile closer than the 25 foot minimum distance from adjacent property as required by City Code. Engineering staff with the concurrence of the City Attorney have recommended denial of the variance because they believe it is possible to comply with the Code given the 90 foot width of Ms. Siegel-Olmstead's lot. City Code requires a 25 foot setback for dolphin piles in order to assure that neighboring property owners are afforded equal navigability for their own boats. Adjacent property owners were notified of the variance request and a written objection was received from the owner of Lot 426. Recommend denial of request for a Dolphin Pile Variance on Lot 427 in the Tropic Isle subdivision. Item No. 52 Interlocal Agreement between the City and Palm Beach County to Allow Construction of 33 Single Family Homes. The Palm Beach County Housing Partnership proposes to construction 33 single family homes on a 8.9 acre parcel consisting of one square block adjacent to S.W. 2nd Street and S.W. 8th Avenue. The agreement calls for Palm Beach County to provide $150,000 to the Housing Partnership and for the City to waive certain development fees and construct infrastructure on the sight. Community Development Block Grant funding of approximately $130.00 is designated from this year's and next year's CDBG Program. Palm Beach County has also been requested by the developer to waive road and other impact fees. This will be handled as a separate item by the County Commission. The Palm Beach County Commission approved the transfer of the 8.9 acre parcel to the Housing Partnership contingent upon execution and approval of this Interlocal Agreement. - 12 - AGENDA REPORT Meeting of July 26, 1988 Recommend Palm Beach to develop approval County to 33 single of an Interlocal Agreement between the City and allow the Palm Beach County Housing Partnership family homes. Item No. 53 Request for Tent Permit. The Daughter of zion Seventh Day Adventist Church is requesting a permit to erect a temporary tent on church owned property at 201 N. W. 3rd Avenue which is directly across from their church building. The temporary tent will be used for a church revival meeting between July 31 through September 3, 1988. All of the appropriate conditions and requirements of the City Code have been met. Recommend approval of a tent permit for the Daughter of Zion Seven Day Adventist Church as requested. Item No. 54 Tent Permit. The Bethanie Zion 7th Day Adventist French Church is requesting a permit to erect a temporary tent on property located on the corner of S. W. 6th Avenue and S. W. 10th Street. The property owners have given permission to the Church to erect the temporary tent on the site. The temporary tent will be used for a church revival meeting between July 31 through August 27, 1988. All of the appropriate conditions and requirements of the City Code have been met. Recommend approval of a tent permit for the Bethanie Zion 7th Day Adventist French Church as requested. CONSENT AGENDA Item No. 55 Children Services Council Grant. This item is an agreement between the City and the Children Services Council of Palm Beach County to provide reimbursement funding in the amount of $112,362 for the City's after-school program. The after-school program serves children ages six to 15 and provides a structured supervised recreation activity with adult supervision for a large number of "latch-key" kids. The after-school program is conducted at the Community Center, Carver School and Pompey Park. The after-schOOl program is concluding it's first year of operation in Delray Beach. The Children Services Council funds other after-school programs however ours is unique in that we work closely with the School District and identify latch key children. Recommend approval of Services Council of after-school program. Item No. 56 Approval of Funding for Law Enforcement Accreditation. The Police Department has been working toward accreditation under a program sponsored by the International Association of Chief's of Police beginning in 1985. The accreditation process involves a comprehensive review and analysis of Police Department procedures and operations for compliance with professional recognized standards. The Department is now completing the second of three phases toward becoming accredited by the Commission on Accreditation for Law Enforcement Agencies. This request is for a transfer of $18,000 from Law Eniorcement Trust Fund to cover cost of office supplies, printing and part-time secretarial assistance to complete this second phase. An additional $10,000 will be required in 1989 to complete the accreditation process. an agreement between the City and Palm Beach County to conduct the Children the City's Recommend approval of an appropriation of $18,000 from the Law Enforcement Trust Fund to cover cost associated with the Police Department's accreditation program. Item No. 57 Conditional Use Request (CO 6-222) and Site Plan Approval. Wallace Ford represented by Digby Bridges, Marsh and Associates has - 13 - AGENDA REPORT Meeting of July 26, 1988 requested a conditional use for an automobile dealership and site plan approval in order to expand an existing automobile dealership on a vacant 11.2 acre parcel of property located at Germantown Road and Queens Avenue. This development proposal includes approximately ten acres of land annexed in 1987 as part of the Weir annexation and approximately 1.3 acres annexed pursuant to the Enclave Act. The property has been rezoned to SC. The Planning and Zoning Board at it's July 18th meeting recommended approval subject to the following stipulations: 1. A variance be obtained to reduce the loading areas or the site plan be modified additional areas. required number of to accommodate these 2. If phase one construction precedes abandonment of Queens Avenue or if a petition for abandonment of Queens Avenue is not granted that the "Parts Receiving" loading dock and its access be redesigned so that Queens Avenue is not used for maneuvering purposes and that other dimensional requirements for loading areas be complied with. 3. That an off-loading and storage area be provided concurrent with phase one development. 4. Perimeter landscaping along the north for that length of the boundary which phase one development. boundary be provided is contiguous with any 5. That any part of phase two development which is cleared in conjunction with the initial development be sodded and irrigated. 6. Platting should be completed prior to applying for a Building Permit and the preliminary plat shall address in addition to normal platting matters: a. Dedication of ten feet along the Germantown frontage for right-of-way purposes. b. Installation of a sidewalk five feet in width along the entire length of Germantown Road frontage. c. Dedication of 25' along the eastern boundary for S.W. 10th Avenue right-of-way purposes. d. Replace the phrase "an improvement" with "a landscaping". e. Continue a public sewer main from Manhole No. north property line with an appropriate easement main at a depth sufficient to accommodate sewage the north. 3 to the and place a flows from f. Preliminary construction plans for Germantown Road improvements shall be of at least one additional travel lane with a total travel-way being 36' and that a pavement marking plan shall be developed in concert with Palm Beach County Engineering prior to their submittal to the City. 7. The following modifications are made to the site plan: a. Eliminate parking spaces which are aligned with points of entry from Germantown Road. b. Reduction of the northerly driveway to 24' in width. c. Addition of a fire hydrant at the south of the building. - 14 - AGENDA REPORT Meeting of July 26, 1988 d. On site signing and pavement marking for traffic flow including on site truck routing. 8. The site and development approval shall be valid for a period of three years at which time compliance with the requirements for vesting the project must be met. Recommend approval of Conditional Use Reguest (CU 6-222) and Site Plan approval for the Wallace Automobile Dealership located at Germantown and Queens Avenue subject to the stipulations cited above. Item No. 58 Conditional Use Request (CU 6-575) and Site Plan Approval for Exxon Gasoline Station at Atlantic and Congress Avenue. Exxon Company represented by Corporate Property Services has requested a conditional use and site plan approval for redevelopment of the Exxon Station at Congress Avenue and Atlantic. The company plans to re-build gasoline stations having seven islands under one canopy and an expanded kiosk service center. A separate building will provide three bays for automotive servicing. This' proposal involves demolition of all .existing facilit.ies. Dedication for Congress and Atlantic Avenue rights-of-way and the special landscaping regulations which pertain are being accommodated in this plan. No code violations or waivers are involved. A special traffic study was required and provided to justify the location and size of curb cuts and traffic flow on the site. The Planning and Zoning Board at it's July 18th meeting recommended approval of the request. Recommend a roval northeast approval of Conditional Use Request (CU 6-575) and Site for modification of the Exxon Gasoline Station at corner of Atlant~c Avenue and Congress Avenue. Plan the Item No. 59 (Resolution No. 40-88) A Resolution assessing costs for abating nuisances on 31 parcels of property at various locations throughout the City. Debris, weeds, trash, etc. were removed from these parcels. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens to property in the event these assessments remain unpaid. Recommend a roval of Resolution No. 40-88 assessin costs for abatin nuisances. Item No. 60 (Resolution No. 41-88) A Resolution assessing costs for abating nuisances on 4 parcels of property at various locations throughout the Ci ty. Debris, ,:eeds, trash, etc. were removed from these parcels. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens to property in the event these assessments remain unpaid. Recommend a roval of Resolution No. 41-88 assessin costs for abatin nuisances. Item No. 61 (Resolution No. 42-88) This item is a Resolution assessing costs for abatement action required to remove an unsafe building on property at 911 North Federal. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,298.00 remains unpaid. Recommend a roval of Resolution No. 42-88 assessin costs for abatin an unsafe building within the City. - 15 - AGENDA REPORT Meeting of July 26, 1988 Item No. 62 (Resolution No. 43-88) A Resolution assessing costs for abatement action required to remove an unsafe building on property at 102 N. W. 10th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,578.40 remains unpaid. Recommend approval of Resolution No. 43-88 assessing costs for abating an unsafe building within the City. Item No. 63 AWARDS OF BIDS AND CONTRACTS: A. Scott Airpacs - Safety Equipment Company - $21,743.30. B. Handtools and Hardware Supplies - Duncan-Edwards - $21,000. C. Cellular Telephones $10,680. Cartel Business Communications D. Watermain Construction in Delray Beach Municipal Golf Course - Onontario of Palm Beach - $251,817.45. E. Street Resurfacing - Hardrives of Delray - $300,510. F. N.E. 1st Street Storm Drainage project- Hardrives of Delray- $749,763. G. Construction of Air Stripping Units to Treat the 20 Series Wellfield - Elkin Construction- $1,485,478.90. H. Water and Sewer Revenue Bond Issue _ Paying Agent and Registrar - Citizens and Southern _ $12,075. Escrow Agent - Midlantic National Bank - $11,200. - 16 - July 25, 1988 Jeffrey Kurtz, Esq. Assistant City Attorney CITY OF DELRAY BEACH 310 S.E. 1st street, suite 4 Delray Beach, FL 33483 Re: Auburn Trace Land Purchase Contract Dear Jeff: I have enclosed the signed agreement for the purchase of the Auburn Trace development site as forwarded by your office several weeks ago. It was my understanding, from your conversation with Ken Simback, that a revised agreement would be forthcoming. Since I have not heard from you, I am returning the original agreement, signed at this time, as you have requested. I have also enclosed a letter from Robert A. Sweetapple, Esq., our attorney, that sets forth the conditions and circumstances under which I have signed this contract. Should you have any questions about either the contract or Mr. Sweetapple's letter, please feel free to contact me. Sincerely, PROCACCI DEVELOPMENT CORPORATION ~ Philip procacci President KS/jk Enclosures Fi.E(;El;~,'~~D 01\,': .. ,,\C? -- --,/,-:.L-__::..llS!._ c:;y i,\r.;,':;:;~C';:'::~ Ol'lrt::v (...;';y .~, u<.P~/ :.~;jd,::'h' PROCACCI OEVEL.OPMENT CORPORATION 401 West Linton Boulevard, Delray Beach, Florida 33444 (305) 265-0500 . (305) 427-3555 CBrowardJ . 1-800-233.2844 k.LJ1fca ~2Z Y~J 9.2Z 55~ ff~ ':6'~ ygu.:Meny Y~--"", J%tff~ YIud ~, ff~ 1J/J0 Y~ 405/""-5621 Y~ 405/1-"-1021 Y.d:. ....15"-YYY July 18, 1988 fl&Y~ ':6'...-.. ffo<{yA'.dff~~~ yg_~, ff~11"1f Y~ 40t/19N210 ~~h ROBERT A. SWEETAPPLE ALEXANDER D. VARKAS GEOFFREY C BENNETT BOCA RATON HAND DELIVERED City of Delray Beach Assistant City Attorney Jeffrey Kurtz, Esq. Delray Beach, Florida 33444 Re: procacci Development Dear Mr. Kurtz: Enclosed is Purchase and Sale Agreement, which you prepared on behalf of the City of Delray Beach, Florida. The agreement has been executed by my client, procacci Development Corporation. The Purchase and Sale Agreement contains numerous represen- tations inserted by the City which were not included in the previous contract and are, in fact, contrary to specific repeated representations of material fact made to date by the City. Mr. procacci has signed the contract on behalf of procacci Development Corporation under duress and under pro- tes t. procacci Development ~orporation has spent hundreds of thousands of dollars ~n costs and professional time pro- moting the Auburn Trace Development. The company intends to hold the City strictly accountable for representations of fact and inducements made to it as well as to the United States Department of Housing and Urban Development. 'rhe self-serving statements, which have been inserted in the recent contract, in no way exhonerate the City for its pre- Jeffrey Kurtz, Esq. Re: procacci Development July 18, 1988 Page No.2 vious representations and inducements. If the City does not comply with its earlier representations, the company intends to pursue all legal remedies available and to bring the City's conduct to the attention of the appropriate authori- ties at the United States Department of Housing and Urban Developmen t. Very truly yours, /;'7'> __ /; I ~ ~ ,_ J. ,...,.." __ /' j;//' -I ',-- ,/(>- 'ii> / v' //"" ROBERT A. SWEETAPPLE RAS:kcr 87/LTR.15 ~d ~~ 9 d PURCHASE AND SAl.E AGREEMENT THIS AGREEMENT is made and entered into this day of I 1988 by and between PROCACCI DEVELOPMENT CORPORATION, a Florida corporation (hereinafter referred to as "Procacci") and the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal cor'poration, (hereinafter to as "City"). WIT N E SSE T H: WHEREAS, City owns certain real property and is willing to attempt the acquisition of additional property adjacent to Carver Estates and the municipal cemetery, which property has considerable potential for development as a mUlti-family residential area; and WHEREAS, City has been selected by the Department of Housing and Urban Development to receive a Urban Development Action Grant in the amount of Five Million Forty-Eight Thousand Eight Hundred Sixty Dollars ($5,048,860.00) for the purpose of developing a mUlti-family project on said property; and WHEREAS, procacci has been selected by the City to pur- chase and develop said property after City invited proposals, int.erviewed and considered developers for the property; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties do hereby covenant and agree as follows: 1. TRANSFER OF THE PROPERTY. City shall sell and Procacci shall buy the following property (hereinafter referred to as Property) and which Property is located in Palm Beach County, Florida, being approximately 36 acres of land located in the Southwest quarter of the intersection of 4th Street and S.W. 8th Avenue, and more fUlly described in Exhibit "A" attached hereto. 2. Purchase price for the property is Seven Hundred Thirty Thousand Dollars ($730,000.00) payable as follows: (a) Deposit of $1,000.00 to be held in trust by the City, due upon execution of the contract $ 1,000.00 (b) procacci to execute a promissory note bearing no interest. with one payment of $65,000.00 payable one (1) month from the date of closing, five (5) equal annual installments of $25,000 each, commencing one (1) year from the date of closing and a payment of of $530,000.00 payable on the 15th anniversary date of the closing 720,000.00 (c) Certified or cashier's check in local U.S. funds on closing delivery of deed (or such greater or lessor amount as may be necessa.ry to com- p1et.e payment of purchase price after credits, adjustments and pro- rations). TOTAL 9,000.00 $ 730,000.00 3. TIME FOR ACCEPTANCE: If this contract is not exe- cuted by the City and procacci on or before July 1, 1988, the aforesaid deposit shall be, at t.he option of procacci, re.turned ( . to Procacci and this agreement shall be null and void. The da'te of the contract, for purposes of performance shall be regarded as the date when the last one of the City and procacci has signed this contract. 4. CLOSING DATE: This contract shall be closed and the deed in possession shall be delivered on or before August 1, 1988; unless extended by other provisions of this contract. 5. PRORATIONS: Taxes, insurance, interest, rents and other expenses and revenues of said property shall be prorated as of the date of closing. 6. EVIDENCE OF TITLE: Prior to closing, City shall at City's expense provide procacci with a title insurance commit- ment in accordance with Standard A of the standards for real estate transactions attached hereto. 7. RESTRICTIONS AND EASEMENTS: procacci shall take title subject to: (a) zoning and/or restrictions and prohibi- tions imposed by governmental authority, (b) restrictions and matters appearing on the plat and/or common to the subdivision, (c) Public utility easements of record; taxes for the year of closing and subsequent years mortgages referred to in this contract further provided that none of the foregoing interferes with the use of the property for residential purposes. 8. STANDARDS: Standards for real estate transactions attached heret.o with the exceptions of Standards D, F, Nand 0 are applicable to this transaction. 9. CONTINGENCIES. A. This agreement is contingent upon acquisition by City of portion of property presently owned by the Delray )3each Housing Authority. B. This agreement is contingent upon Procacci and City entering into a separate land use restriction agreement, restricting the use of the land to low/and moderate income housing. Such agreement shall be for a term of not less than fifteen (15) years, and in any event remain in effect until such time as Procacci' s Obligations with respect to any loan amounts referenced in this agreement to the City have been completely satisfied. Such agreement shall be executed in recordable form and run with the land regardless of the owner/owners or form of ownership of the property. C. This agreement is contingent upon City accepting and r'eceiving funds pursuant to the Urban Development Action Grant award in the amount of $5,048,860.00 from the Department of Housing and Urban Development. D. This contract is contingent upon Procacci, and the City entering into a separate agreement to loan to Procacci $6,057,860.00 consisting of UDAG monies in the amount of $5,048,860.00 and City matching funds in the amount of $1,009,000.00. Said loans shall be secured by mortgage on the property and improvements to the property in an amount equal to the loan and Procacci shall repay that portion of the loan consti tuting UDAG funds in accordance with a note to be exe- cuted having the terms specified in the UDAG Grant Agreement Exhibi t E III ( a copy of such agreement, is attached hereto and made a part hereof). The $1,009,000.00 representing City matching funds shall be repaid in seven (7) equal annual installments over seven (7) consecutive years beginning on the 2 , anniversary date of Procacci' s first draw against the City's loan. Procacci's draws on the City's loan shall be made pursuant to UDAG grant agreement Exhibit E III requirements with the City matching funds being disbursed at the same time and in the same ratio as the UDAG funds. 10. CITY WARRANTIES. City hereby warrants to Procacci as follows: A. There are no condemnation or imminent domain proceedings pending or to the best of City's knowledge, contem- plated against the property any part thereof, and the City has received no notice of the desire of any public authority or their entity to take or use the property or any part thereof. B. There are no pending suits or proceedings against or affecting the City or any part of the property which (i) do or could effect title to the property any part thereof; or (ii) do or could make unlawful the consummation of the transaction contemplated by this agreement or render the City unable to consummate the same. C. There are no binding contracts, oral or written, wi th Palm Beach County, any municipality or any other regula- tory body with respect to the property currently owned by the ci ty except as have been disclosed by the City to Procacci in writing. D. There are no known agreements of any nature with respect to the property, except as have been disclosed by the City to Procacci in writing. At the closing, City shall, in writing, reaffirm to procacci that a truth and correctness, as of the closing date of each of the warranties. 11. COVENANTS OF CITY. Procacci as follows: City hereby covenants with A. Between the date of this agreement and the closing, City will not, without Procacci's prior written consent, create by consent any encumbrances on the property nor will City accept any additional advances under any existing mortgage on the property. For purposes of this provision, the term "encumbrances" shall mean any liens, claims, options, mortgages or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. B. Between the date of this agreement and the date of closing, City will cooperate fUlly with Procacci by exe- cuting consents, applications and other such documents reason- ably requested by Procacci in connection wi th its efforts in developing the property to a condition such that building may COllUTlence. C. The City. of Delray Beach hereby agrees to accept by dedication for use as a city park approximately four (4) acres of the property to satisfy the City's park and recreation land dedication requirements and in lieu of city park and recreation fees. D. The City shall waive all developmental applica- tion fees and building permit fees. E. The City will contribute up to $200,000.00 to Procacci to help offset the cost of infrastructure development of the property as required by City in the site plan approval 3 , process. Such i.nfrastructure costs shall i.nclude but not be limi ted to construction, widening, improvement of onsi te and offsite roads and onsite and off site drainage required to develop the property. 'rhe monies up to $200,000.00 shall be payable to procacci by City at the time the development re- ceives a Certificate of Occupancy, such funds received by Procacci will not have to be repaid to the City. F. The City shall convey 'the property by warranty deed subject to a reverter or provision regarding use of the property for low to moderate income housing units, which reverter language is acceptable to the first mortgage lender, and which reverter shall expire upon repayment of the UDAG grant and all other monies payable to the City purusant to this agreement, but no less than fifteen (15) years from the date of closing. 12. PROCACCI'S WARRANTIES. A. Procacci agrees to comply with and accept the imposition of terms required of developer and participating parties within the UDAG grant agreement which has been attached hereto and made a part hereof. B. Procacci shall complete the residential develop- ment described in the tJDAG application by March 1, 1990 unless extended herein by j oint agreement of the City, Procacci and the Department of Housing and Urban Development. C. Procacci hereby agrees to give first priority to tenant applicants who are already residents of the City of Delray Beach who need to be relocated due to some redevelopment action taken on the part of the City of Delray Beach, or any of its associated agencies, boards, or committees, and second priority to all other tenant applicants who are already resi- dents of the City of Delray Beach and to work with the city's designee and the Delray Beach Housing Authority in the selec- tion of residents. respect procacci D. to to There are no known agreements the property, except as have City in writing. of any nature with been disclosed by reaffirm to closing date At the Ci ty that of each of closing, Procacci shall, a truth and correctness, the warranties. in writing, as of the E. procacci understands that through the execution of this agreement, City has not made any guarantees as to the number of residential units which may be developed on the property. 13. SURVIVAL OF WARRANTIES AND COVENANTS. Warranties, representations and indemnifications set forth in this contract and an attachments shall survive closing. 14. ASSIGNABILITY. Procacci may assign this contract only to a limited partnership wherein Procacci Development Corporation is a general partner. 15. Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control all printed provi- sions the contract in conflict therewith. 16. The City may rescind this contract should Procacci not submit site plan for development of the property by September 1, 1988. Either party shall have the opportunity to 4 f/ rescind this contract within thirty (30) days of the final hearing in regards to the above submitted site plan, should it become impossible for Procacci to comply with the development of the number of units granted by the City through its site and development process or anticipated by the UDAG application. Rescission shall be the parties sole remedy and damages shall be limited to the amount of funds expended towards the purchase of the land. 17. The subject property is being sold in its "as is" condition, and Procacci acknowledges the status of the soil condi tions per soil tests obtained by City and furnished to Procaccio 18. REAL ESTATE COMMISSIONS. Ci ty hereby warrants to Procacci that City has not engaged in a broker or agent with respect to the purchase and sale of the property as contem- plated by this agreement. City shall indemnify and hold Procacci harmless against any and all liability, cost, damage and expense (including but not limited to attorneys' fees and costs of litigation and appeals). Procacci shall suffer or incur because of any claim by any broker or agent claiming to have dealt with City, whether or not meritorious for any commission or other compensation with respect to this agreement or to the purchase and sale of the property in accordance with this agreement. Procacci hereby warrants to City that Procacci has not dealt with any broker or agent with respect to the purchase and sale of the property as contemplated by this agreement. Procacci shall indemnify and hold City harmless against any and all liability, loss, cost, damage and expense (including, but not limited to attorney's fees and cost of litigation and appeal). City shall ever suffer or incur because of any claim by any broker or agent claiming to have dealt with Procacci whether or not meritorious, for any commission or other compen- sation with respect to this agreement or to the purchase and sale of the property in accordance with this agreement. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Mayor City Clerk Approved as to form: Assistant City Attorney WITNESSES clz:~~%)~ By, NT CORPORATION President (SEAL) 5 < ,"f..:,.',";V-- "'.., ..........._,....'-,~ l~:.. AMERICAN CANCER SOCIETY''' SOUTH PALM BEACH COUWY UNIT UNIT OFFICERS DIANA BUSH President ElPJNE KAPlAN Vice President DANIEL DUMMIT Treasurer SHARON NASH Secretarv JANE M CAlVERT executive Director Members of the Board Arnold Berliner MD. Andrews Bowes Alan Bush Doak Campbell Suson Cole Denise OaPra Jeff Deutch Marcia Gill James Hankins Barbara Holland RD. Esther Intriligator Mellntriligator George LaBelle Gillian McMullin Peter McMullin Paula Mendelsohn MPH. RD Robert Moore Marjorie O'Suilivan RN. Valeska Picker John Penniman Lee Porterfield MD. Rita Ryman Steven Reznick M.D, Russell Richardson Elaine Roth Carrie Rutherford em ROderick Santa-Moria MD. Daris Stenroos Phillip Smith MD. Marc Taub MD. Christopher Virtue MD. Not West Christopher Wheeier Betsy Whisman M.ED. Dale Wickstrum MD JerryWotf Honorary Board Members Esther Bortscheiler Richard Buker MD, Emily McChesney June 28, 1988 Ms. Elizabeth Arnau City Clerk 100 N.W. 1st Avenue De1ray Beach, FL 33444 Dear ~ls. Arnau: The south county chapter of the American Cancer Society is promoting "Sun-Safety" during the month of August. We would like to set up a booth at De1ray Public beaches (Atlantic Dunes, Anchor Park, Downtown Beach) and hand out free Sunscreen products. It is not our intention to endorse anyone product but rather to promote safe sunning practices. We are currently planning for August 20th from 11 a.m. to 2 p.m. We would like to have the consent of the city and are anxious to work within any guidelines De1ray warrants. I first submitted this request to Joe We11don and he referred me to you as the City Council must approve such a request. Please let me know if you need further information or if I can assist in any way. Kind regards, /! /1 ',d /" ,,' . 'j' IlL. IL(U"z- /><.~ U';~ N , I , I Karen Mathews Siemens Information Systems 5500 Broken Sound Blvd. Boca Raton, FL 33487 cc: Betsy Whisman 6401 CONGRESS AVENUE, SUITE 200, BOCA RATO~J. FLORID~, 33487 .)i~.s!)Q4! b . C I T Y COM MIS S ION DOC U MEN TAT ION TO: C~R O. BARRY, CI.TY MANAGER IQ~.( J ~C)ucL- A ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEM PUBLIC HEARING RE VOLUNTARY ANNEXATION WITH CITY ZONING OF A.R.T. AND P.R.D.-L. FOR THE PROPOSED SHERWOOD FOREST DEVELOPMENT (ATLANTIC AVENUE AT BARWICK) FIRST READING ORDINANCE 80-88 ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the enacting ordinance for this annexation and zoning on a total area of 72 + acres. Subsequent action will include second reading of the ordinance and consideration of a site and development plan. These items would both be scheduled (tentatively) for consideration on August 23rd. BACKGROUND: This request involves two zoning classifications. One is PRD-L and is to be affixed to the area presently encompassed by Sherwood Golf Course and adjacent (encircling) land proposed for residential development. The other is ART (Agricultural to Residential Transition) which is for approximately ten acres along the Atlantic Avenue frontage. The ART designation is being applied as a "holding zoning" i.e. the existing use (driving range) would continue but no other substantial development can occur without first having a rezoning processed (and approved). The basis for determination of appropriateness of any future rezoning lies in the underlying land use designation as shown on the Land Use Map of the Comprehensive Plan. Currently that designation is single family residential. Preliminary discussion pertaining to a designation which may evolve from the Comprehensive Plan program indicates a medium density or transitional (buffer) use may be applied. '1 To: Walter O. Barry, City Manager Re: Public Hearing Re Voluntary Annexation With City Zoning Of ART And PRD-L For The Proposed Sherwood Forest Development (Atlantic Avenue At Barwick) First Reading Ordinance 80-88 Page 2 Initially the applicant desired to except the ten acres from the annexation petition. However, the ten acres is a part of the entire seventy-two plus acres and the Planning and Zoning Board felt it appropriate to annex all the property, not just the part proposed for immediate development; thus, its inclusion and the "holding zone" approach. Planning and Zoning Board Recommendation: At its meeting of June 20th, the Board held a public hearing and then recommended approval of the proposed annexation and zoning. It was noted that, at present, water and sewer services do not extend to the si te. The developer will be responsible for the extension of existing mains to the site or if extended (prior to development) by others, a "benefitted user" charge will be imposed. Further, the capacity of Atlantic Avenue is approacm~)LoS "D"; thus, the resulting development may be required to provide special improvements with respect to access and traffic matters. (This latter item is addressed in the site and development plan consideration which is in process). Community Opposition: An abutting development, The Hamlet, while agreeable to the PRD-L zoning designation does not agree with the "holding zone" approach associated with the ART designation. It would rather have a permanent zone designation applied at this time; thus, making a firm statement as to the character of development which is to occur in the future. Applicant's Position: The applicant has stated that there are no plans, or thoughts, pertaining to the development of the frontage at this time. Thus, providing a definitive zoning category (and/or a conceptual site plan) would be misleading. Further, an access matter (extension of Barwick Road south of Atlantic) will create at least two parcels neither of which can be "planned" for at the present time. Planning Staff Comment: At the time the preliminary plat is processed, the alignment of the Barwick Road extension will be firmed up. Also at that time, restrictions can be placed upon where access (to the resulting parcels along Atlantic) will be allowed. Until such time as these parcels are configured, it seems inappropriate to affix a "permanentn zoning designation. Some of the concerns which will be aired by the neighbors, such as distance of new construction from the existing property line, are best addressed with the Forest Road abandonment action and platting action. Thus, the Planning Staff supports the application before the City Commission. To: Walter o. Barry, City Manager Re: Public Hearing Re VOluntary Annexation With City Zoning Of ART And PRD-L For The Proposed Sherwood Forest Development (Atlantic Avenue At Barwick) First Reading Ordinance 80-88 Page 3 RECOMMENDED ACTION: By motion, approval of Ordinance 80-88 on First Reading, pursuant to the findings and recommendations of the Planning and Zoning Board. Reference material: Planning and Zoning Board staff report of June 20, 1988, provided to the City Commission on June 28th. Ordinance * 80-88 provided by the City Clerk. REF/DJK*26/CCSHWD.TXT 3600 HAMLET DRIVE, DELRAY BEACH, FLORIDA 33445 July 8, 19B8 The Honorable Doak S. Campbell Mayor, City of De1ray Beach 100 N.W. 1st Avenue De1ray Beach, FL 33444 RE: AGENDA FOR TUESDAY, JULY 26, 198B Dear Mayor Campbell: It is my understanding that you try to set up the agenda t, large groups of residents who attend a particular meeting ] of making their position clear on an issue to be voted upor PHONE: (407) 498-7600 ~ 1./\ lV . , l ,=""O-.C J '----c--""~, ". L F ~ ..'-~ ~J.:J...- . 1'>-.' . '~L' ~ 'r'~ ,J '\' .,..'-- I. , _"L""""- r--.---I'-''l (~. Ii On July 26th a group of Hamlet residents will be present regarding the Sherwood Park development. If you can set the matter early on the agenda, we would be grateful. ver;c:' SHELDON N. REIBMAN President tss cc: Walter O. Barry City Manager David Kovacs Director, Building & Planning I I i l (J, ~ ,'J~. ._, ,.,../,_. ,__ .,'_.~ /7 ' 1-' c>--OJYi..LSf CJ \ C-'- c.~i_~,L,-_~l. G'~"-:1-:iOc.La.....Lon 2'3,~O H,L,;v:LET DRIVE CELRi~\ Y BCf'\CH, FLORlO/\ 33445 (305) 495-1105 PETITION ][( 5, 1983 c c,'\ D(:_~!L(U/ B ,2,(1. C:1. eLi':; -'J{S,SJ:.O;LC-/1S ;t't C:-i.(-:-LOJ~: CLtU :.!aHags'L'_~ 05:);cc~ 1 C i,,'r,': 7,.'l-I AUe;iu.c. De- /:IL~I !3C~((Cj2, F 'l/lda. 33444 RE: ^lUle.xa.t~oJl cU1d Zonz_l1Cj ShvuiJood Foltc 6 t Go C (" I II Co 1 ~", ~ - -'~ ,\,lC'il,-'/'v6 : (ll ~' 11;, [ , , 'd ,{1iii..:I, '--iC-C.'iCStc!cut,s u:1 (fIe J{c"U::C((:, ({}[C ~FLc_atCu cOllcc/uled (wa ,~,~) - ~ ,c,c-U'u un,' ~H CL{JL".'l~ /lC:~C'I.c.IICC!_d l:i'::cttC/L. \'1'0 , c. /LecC'Dll-LZC -, :1l: (uld cfl!.6-C,'i.('. (I :1 aJJ (,[t'JlC': ,to develop ,UU!)/L ph.Cpc/t-tlj. l',!C Lt :~L') ~ -t .( t L.::! ~;.: 6t'i.Lc,tC',1 w,i.tf:.LII the. C.(Jlt,~,.Lnc.':\ o;~ -the. '-'1.,-", ,Ll:.,' rnCL:!_tc'L P,~C(IL. ,~;'!- Li:':'i~,i~!'V'(!. 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',j_A /', '''(/,./'1" / / >-~-/- --..:------,' DEPAR1 ,1ENTAL CORRESPONDENCE FROM Lula Butler - Communi ty Improvement Director~ ~ [Iry DF DELRAY BEACH ..~ TO Walter O. Barry - City Manager "AUBURN TRACE PROJECT" SUBJECT CONSIDERATION OF REZONING - CITY COMMISSION ACTION 7/21/88 This memo is regarding the Auburn Trace Project as proposed under the UDAG application between the City of Delray Beach and Procacci Development Corp. The project as proposed is consistent with the City's goals and objectives to providing "Affordable rental units" to low and moderate income residents of the City of Delray Beach, and is consistent with the identified need for affordable housing units in the City. The proposed rent ranges of $290 to $494 per month allows for maximum benefit to the low and moderate income residents and when compared to comparable units in the private market, allows for a savings in rent payments. Without the public assistance approval with this project as proposed, the rental rates would be substantially higher thus destroying the objective of the project. As proposed, the Auburn Trace Development will most likely attract the "working" family, be it a single parent or a couple, who can afford to pay the rent without any form of direct subsidy. There are no direct rental subsidies guaranteed with this project, although eligible tenants holding Section 8 certificates or vouchers may exercise their right to request management participation in the program. When you compare the proposed rents associated with the Auburn Trace Development and those of the private market in the same area, you will recognize the rental savings and the term "affordable". For instance, the average rent for a 2-bedroom unit in the CD target area ranges between $350 to $450 per month, with the 3-bedroom ranging between $400 for older units and as high as $550 for newer units. The CRA is currently receiving $335 per month for the one-bedroom units it now owns and manages on SW 1st Street. The Commission should also keep in mind that while imposing a lower density may still allow a financially feasible project, there are other factors to consider. We may reduce construction and mortgage cost with less units, while operation cost may not be reduced as much. C:'v1362 T"E E,.ccORT ALWAYS MATTE,-,; fl Auburn Trace Rezoning July 21, 1988 Page two Consider the fact that if we are expecting a security gate, the cost of staffing and maintenance remains the same; lawn maintenance costs will remain the same or more if additional green space is added; utilities and garbage cost will not decrease at the same proportion, etc. The UDAG grant is really a subsidy to the development phase rather than the operation of the project. The developer will need to be able to generate enough revenue to maintain the development throughout the life of the project and not be forced into a position of not enough money for adequa~e operation thus forcing another "Carver Estates situation". We will probably see a site plan with fewer ammenities with lower density. Given the need for affordable rental units established by the Reinhold Wolff study and the application for and fund reservation approved on the Auburn Trace Project, staff recommends the RM zoning to accommodate the 368 units proposed by Procacci Development. LB:DQ Disk - Lula A:AuburnRezone.CM THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 3323 BELVEDERE ROAD P.O. BOX 24690 WEST PALM BEACH, FL 33416-4690 305-f.i84-5000 THOMAS J. MILLS SUPERINTENDENT OF SCHOOLS l(lrVA__ o1'~W- July 11, 1988 Walter Berry, CIty Manager City of Delray Beach 100 NW First Avenue Delray Beach, Florida 33444 RE: AUBURN TRACE SCHOOL IMPACT Dear Mr. Berry: This statement is provided in fulfillment of Chapter 235.193, Section 2, Florida Statutes to ensure that public educational facilities are coordinated with plans for residential development. It addresses the concerns of Palm Beach County School Board as they specifically relate to the anticipated impact of Auburn Trace Development which is to be located between Southwest Fourth Street and Southwest Eighth Street on Southwest Eighth Avenue In Delray Beach. The prOject will encompass 38 acres of land adjacent to Carver Estates. As currently proposed the development will contain 80 one bedroom unIts, 232 two bedroom units and 56 three bedroom units. The project Is classified as "affordable housing". A study was conducted utilizing demographic multipliers for Palm Beach County to estimate students which would be generated from this development. Because no information was provided as to architectural unIt type, it was assumed that all units will be townhomes. The Growth Management Center estimates 53 elementary, 16 middle, and 13 high school students will be generated by the project. A parallel study was conducted utilizing Wedgewood Plaza In Riviera Beach as a comparable development. The mUltipliers this derived indicated roughly double the number of students would be generated for the Auburn Trace Project as the first study Indicated. The geographic area in which this development is located is presently served by Addison Mizner Elementary, Carver Middle, and Atlantic High. Following is a breakdown for each school of projected enrollment for 1988-1989, current capaCity and recommended ultimate capacity as noted in The Educational Plant Survey, Palm Beach County, February 1986; Addison Mizner Carver Middle Projected Enrollment w/o Auburn Trace 765 *Projected Enrollment w/Auburn Trace 871 Current Permanent Capacity 697 Recommended Capacity 589 891 923 1,301 1,103 A tlan tic Hilt'h 1,729 1,755 2,155 1,920 * Utilizes multipliers developed for Wedgewood Plaza. wpd8\poliey\imp l . Page 2 July 11, 1988 Walter Berry City of Delray Beach Analysis of this information Indicates that this project wlIl significantly Impact the public school system and add to the cumulative effect of overcrowding In schools serving the area. In addition, the construction of an affordable housing development likely to house predominately minority Individuals and families In an area already housing predominately minority individuals and families Is virtually certain to have a negative Impact on School Board efforts to racially balance area schools. The School Board opposes placement of developments anywhere in the County which have a negative impact on the racial balance of Palm Beach County's public schools, or which make the integration of our schools more difficult. The School Board will continue to actively pursue a policy of providing adequate school facilities for all the children of Palm Beach County. Sincerely, ~ ~I.' .4,,;. V. Hw"U. P. ., &' Assistant Superintendent Growth Management Center WVH:dkh cc: Thomas J. Mills James G. Daniels J. Kenneth Schrimsher wpd8\poiicy.imp l . C I T Y COM MIS S ION DOC U MEN TAT ION / ~, TO, lJ"~'r'~:::GER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 12, 1988 AGENDA ITEM PUBLIC HEARING RE REZONING OF PROPERTY ASSOCIATED WITH THE PROPOSED AUBURN TRACE HOUSING DEVELOPMENT, R-lA TO RM ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the enacting ordinance for this rezoning from R-IA to RM of twenty-five (25) acres of City owned land. BACKGROUND: A rezoning on a total of thirty-eight acres on property owned by the the City and the Housing Authority was initiated by the City Commission in November, 1987. The proposed designation at that time was RH. Following Planning and Zoning Board hearings in January, it was recommended that the zoning over the entire property involved in the proposed Auburn Trace housing development be RM. That recommendation was consistent with a companion action on a Land Use Map Amendment which converted five acres from Single Family (SF) to RM. The Planning and Zoning Board's recommendation on the rezoning was placed on-hold while the Land Use Map Amendment cleared the State review process. SUbsequently, comments have been received and the Map Amendment has had a second public hearing before the City Commission. Second reading of the enacting ordinance is scheduled on July 12th. With that action near completion, it is now appropriate to consummate the rezoning action. To that end a proposed ordinance has been drafted and advertised for public hearing at first reading. The proposed ordinance addresses only that territory on which the zoning designation is to be chanqed. Thus, it includes only twenty-five acres of the tot:aJ. thirty-eight acre project. To: Walter o. oarry, City Manager Re: Public Hearings Re Rezoning Of Property Associated With The Proposed Auburn Trace Housing Development, R-1 To RH Page 2 At the time that the City Commission held its first public hearing on the associated land use map amendment, it was clear that by limiting the map amendment to RM, instead of RH, any development would have to measure up to performance standards in order to achieve maximum density under the RM zoning district. Since that hearing there have been concerns aired about the total unit count and resulting density of the Auburn Trace development proposal. In order to provide an assessment of options and impacts associated with varying densities, we have attached a copy of the documentation which was provided to the Commission for the public hearing of February 9th. Pages 7 through 9 of that documentation address density matters. Under provisions of the RM zoning district a base of seven units per acre is established. An increase in density, up to ten units per acre, is permitted provided that "technical" performance standards are met (these are assessed in the February 9th background material). In addition, a site and development plan is sUbject to the ten standards of Code Section 173.867. REZONING ANALYSIS: In considering the rezoning action, the Commission is to be guided by the seventeen standards found in Code Section 173.888 (copy attached). While these standards were addressed to some degree during the land use map amendment process, it is appropriate to specifically revisit them at this time since the zoning action is more specific than the land use map action. Standards which deserve attention include: (B) Will the change be contrary to the existing land use pattern? (C) Will the change alter the population density pattern, thereby increasing the load on public facilities such as schools, utilities, streets, and the like? (G) Will the change adversely influence living conditions in the neighborhood? (H) Re traffic and (I) re drainage are specifically addressed in the performance standards assessment. (K) Will the change adversely affect property values in the adjacent area? (0) Is the change out of scale with the needs of the neighborhood or the City? . To: Walter O. Barry, City Manager Re: Public Hearings Re Rezoning Of Property Associated With The Proposed Auburn Trace Housing Development, R-l To RH Page 3 The February 9th background material provides a discussion of other housing proposals which were considered for this area. In those cases a limitation was placed upon the ultimate density of the projects. Those limits were in the range of six and seven units per acre. If the Commission desires to have such limits placed on the proposed Auburn Trace development, this rezoning action is the final step at which such a limitation is appropriate -- i.e. this is the most discretionary action left before the Commission. If a density limitation is to be included in the Commission's action, it may be necessary to amend the caption of the enacting ordinance and thus necessitate rehearing. Further, a limitation associated with the territory under hearing at this time affects only the twenty-five acres of City owned property. The Housing Authority parcel is not included in the current rezoning action. Thus if an overall unit count of 290 were desired, a limitation of six units per acre on the City owned land would be necessary. To accommodate this situation, it would be more appropriate to apply RL zoning (3 to 6 units per acre) than to consider a numerical limitation. In addition, a RL designation would be more consistent with the R-IA designations which abut the City owned property to its north and east and would also serve as a buffer between those areas and the higher density portions of the overall site. Information addressing density and unit count as they apply to the U.D.A.G. and proposed project are addressed under separate cover by the Director of Community Improvement Services who is responsible for the C.D.B.G. and housing programs. ALTERNATIVE ACTIONS AS THEY PERTAIN TO ZONING DESIGNATIONS: 1. Proceed with RM zoning ordinance on first reading. approve the enacting 2. Proceed with RL zoning, thus setting a maximum unit count for the entire project in the range of 290 units with the lesser density situated adjacent to existing R-1A zoning. 3. Proceed with RM zoning but with a stipulation in the enacting ordinance as to unit count. Consider that only 25 of the total project is governed by this zoning action. 4. Direct that modified to the matter. the ordinance before the Commission be include the total project and readvertise 1 To: Walter O. Barry, City Manager Re: Public Hearings Re Rezoning Of Property Associated With The Proposed Auburn Trace Housing Development, R-l To RH Page 4 5. Do not rezone the property i.e. deny ordinance on first reading. Such an require complete processing through the Zoning Board prior to reconsideration. the enacting action will Planning and RECOMMENDED ACTION: Commission discretion. Attachment: background material from the February 9th public hearing on the Land Use Map consideration Code Section 173.888 Standards for Evaluating Rezoning Requests REF/DJK*25/B:CCTRACE.TXT l INFORMATION FOR PART (A) OF PLAN AMENDMENT 1988-1 Property OWner............. City of Delray Beach. Approximately 20 acres was owned by the Housing Authority. It was transferred (sold) to the City so that property devel- opment could be facilitated. The balance of the property was owned by the City. Location ................. . A general area bounded by the north boundary of Carver Estates; on the east by S.W. 10th Ave.; on the west by S.W. 14th Ave; on the north by S.W. 4th St.; less the Haitian Church and Carver athletic field sites. Approximate area of 37 acres. Current Map Designations ... 4.79 acres of Single Family (SF), 31.73 acres of Medium (7) to Medium High (10) Density Residential (RM). Requested Designation Medium High (11) to High (15) Density Residential (RH) Purpose for the requested amendment: This request was formally initiated by the City Commission in order to proceed with a proposed affordable housing project. The proposal which was presented to the Commission called for a unit count of 368 units. In order to guarantee that 368 units would be built it is necessary to have a RH designation. This would accommodate the RH zone district designation which carries a base density of eleven units per acre or approximately 400 units. A map designation of RM over the entire holdings would yield a density range of 7 to 10 units per acre or a unit count of 255 to 365 units. While the high end of the RM designation would accommodate the proposed project, such a unit count is not guaranteed through the RM designation since application of the RM zone district only guarantees the base of 7 units per acre. Increases to the maximum (10 units per acre) must satisfy criteria found within the "Performance Standards" portion of the RM district regulations. Those criteria are assessed at the time that a site plan is presented for formal review and approval. III~A (AJ Analysis: The fOllowing factors were explored in' the analysis of this request: a) history of land use map designations; b) Community Redevelopment recommendations; Plan designation and c) goals, objectives, and pOlicies of the Plan including the housing element and pOlicy guide to the land use plan; d) performance standards identified in the RM and RH zone districts which must be met in order to exceed base densities. ~ history of land use map designations: Previous to the 1979 Land Use Map. this property had been identified for single family development. The 1979 Map initially designated the land for single family, recreational, and "public" land use. (The "public" designation was applied to any publicly owned parcels and did not necessarily reflect any specific land use. ) In 1984, an amendment was made which placed approximately 10 acres of the land under consideration into the RM category. That amendment was made under the auspices of the Housing Authority and was initially for a RM-15 designation. Concerns of a concentration of public housing and traffic impacts through single family neighborhoods led to a change to the RM designation along with further stipulations that any resulting development should be in the range of 7 units per acre. In 1986, an amendment was made which placed 18 acres of City owned land into the RM designation to accommodate the proposed "Homestead" project which involved duplexes at a density of approximately six units per acre. The draft land use map which was prepared in 1987 along with a draft land use element showed the land as single family along with extensions of the Carver middle school recreational area into it. This designation apparently reflected policy guide statements which called for single family housing in the sou thwest part of the City (see later section). . Also, it may have reflected the situation wherein the subject area is not adjacent to a collector or arterial traffic system. The designation may also have been intended to further the "homestead program" which was, in 1986/7, being proposed for a portion of the area. - 2 - 1 Ql Community Redevelopment Plan designations/recommendations: The CRP reflects the then zoning pattern of mUlti-family housing (1/3) and single family housing (2/3). The CRP while citing the need for affordable housing and the pursuit of housing programs did not provide specific recommendations as to areas where housing projects should be located. Proceeding with a designation contrary to the existing designations in the CRP should not be considered as being inconsistent with that plan since its residential land use pattern generally followed existing zoning. c;:.l Goals. policies and objectives of the Plan including the Housing Element and the Policy Guide: The Housing Element of the 1979 Plan drew primarily from a 1976 Housing Assistance Program (HAP) which was being implemented by the City. With that HAP and Plan Element were stated the following goals: (Page 101 of Plan) 1. Foster a safe and decent home for all City residents, both present and future. 2. Expand the range of housing choice. 3. Improve the conditions of the existing housing stock. 4. Improve the quality of life in residential areas. 5. Increase understanding of the housing field. 6. Expand employment opportunities and increase household income. 7. Coordinate housing programs activities. with other planning Plan concepts to achieve those goals included rehabilitation, replacement, development of lower income housing, development of programs to maintain the quality of existing housing, improvement of neighborhood conditions, and enhanced economic opportunity for residents. The City has established its own Community Development program, funded through an entitlement CDBG, and is actively working toward the above goals. The City has also established a Housing Authority which is managing the Carver Estates project and has pursued other avenues for providing additional housing for lower income families. At present the City provides housing assistance through: 244 Section 8 Certificates 31 Section 8 Vouchers 403 Section 8 Elderly 200 units in a public housing project for a total of 878 subsidized units. - 3 - l The City's efforts are mainly directed to the rehabilitation of substandard, owner-occupied housing through direct grants. 18 to 20 units are targeted each year for these grants. Non-occupied dilapidated structures are demolished in order to help reduce adverse neighborhood conditions. A rental rehabilitation program is in its initial stages of development. In the early 1980s a task team addressed methods in which the affordable housing stock could be enhanced. Its suggestions were to pursue duplex, triplex, and four-plex development on vacant lots. In recent years ~here have been two efforts to provide additional "affordable" housing stock. One was called the "Auburn Trace" project. It began on ten acres of Housing Authority property (a part of the area under consideration in this plan amendment) and was proposed for 104 units. Deemed "too dense", the City added another 5 acres to the property for an effective density of 7 units per acre. Apparently, problems with long-term cash flow and continued operations funding prevented continuing with the project i.e. a greater unit count was necessary in order to cover operational costs. Another project was initiated under the auspices of the City and was called the "Homestead Program". It was intended to provide 106 units through ownership of 53 duplexes with supplemental income from the renting of the second unit. It involved 18 acres of the land under review in this plan amendment. Difficulties with the duplex program including statements that it would be in competition with the Auburn Trace Project and an uncertainty on the status of Section 8 Certifications for the rental units lead to the abandonment of the project. It was replaced with a concept of placing approximately 75 single family units on the same site. That change in direction occurred in March, 1987. Preliminary survey work and soil testing were undertaken. As the project was ready to proceed to preliminary site planning, administrative direction was given to go to a "hold" position while the larger scale multi-family project was pursued. Another potential affordable housing project proposed on County land, just to the north of the land under consideration in this plan amendment, is based on the same single family program as intended in March, 1987. It will provide 33 single family homes through a pUblic-private partnership approach. The City's Policy Comprehensive Plan issues associated include: Guide to the Land Use contains pOlicy statements with this proposed plan Element of the which pertain to amendment. They - 4 - RESIDENTIAL (1) A wide range of housing choices should be provided for the residents of Delray Beach. Emphasis should be put on upgrading existing housing and providing housing opportunities for young professional and business households. (3 ) The City should develop programs and incentives infill housing throughout the Enterprise Zone Community Redevelopment Area. for and ( 5) Declining residential neighborhoods should identified and every effort made to upgrade them. be (6) The City should work diligently to provide its fair share of the regional needs for low cost housing. The proposed program appears to be compatible with these goal statements as one means to achieve the overriding concern for providing affordable housing for Delray Beach residents. There has been concern, aired over the years, that Delray Beach is providing more than its fair share of accommodating regional needs. While this seems to be the case, there is a local need (documented by the Wolff low and moderate income housing need study of 1987) for affordable housing. Thus, it appears that to be consistent with current policy direction provisions must be made that will result in City residents having priority in obtaining housing made available through the proposed affordable housing proiect. (d) performance standards in the RM and RH zone districts: these performance standards are to be met or deficiencies mitigated in order to exceed base densities of 11 units per acre in RH and 7 units per acre in the RM categories. A copy of these standards are attached for reference. (1) Water Service: There should not be a problem with providing water to the site. A limitation of 368 units (number of units specified in a related UDAG application) is compatible with water service planning for the area. ( 2) Sewer Service: There should not be a problem with providing sewer service to the site. A limitation of 368 units is compatible with sewer service planning for the area. It has not yet been determined if lift stations will be required. If so they should be a cost of the development. - 5 - 1 (3) Streets: A full traffic study should be required at the time of site plan review. In order to make findings that the existing level of service will not be diminished it is expected that traffic flow will need to be directed to the south (to S. w. 10th Street) instead of through the single family neighborhoods north of the proposed project. A schematic road/circulation system which has been developed for project review contemplates the abandonment of S.W. 10th Avenue and its function as the northerly exit from Carver Estates. provision for maintaining a northerly exit can be made through use, and improvement, of the cemetery access road. Right-of-way is readily obtainable since the cemetery property is City-owned. Development costs for improvement of this street connection would be a City expense pursuant to terms of the contract for sale. The circulation system also provides that s. W. 12th Avenue be extended and connected to existing S.W. 14th Avenue. While that portion through the project would clearly be the developer's cost, a portion (700') leading to the project from the north may be required to be a City expense. Also, the connection to S.W. 14th Avenue will require acquisition of right-of-way over Housing Authority property (Carver Estates) and new construction which, pursuant to terms of the contract for sale, would be a City expense. In addition to the above traffic network, it is anticipated that by directing a greater percentage of traffic from Carver Estates to the south, and by designing the new project to encourage traffic to flow to the south, intersection improvements will be necessary at S.W. 14th Avenue and S.W. 10th Street. In addition, it is anticipated that the increased traffic will accelerate the need to improve S.W. 10th Street between Congress and Germantown Road. Funding for these improvements will be a City expense. If at the time of site plan review it is determined that the above expenses must be incurred to accommodate the 368 unit project and funding for the improvements will not be concurrent with the creation of the increased need, RM district regulations would dictate that the situation be mitigated by the reduction of unit count to no more than 260 units. Under a RH designation, the 368 unit project would proceed and the City would need to defer other projects to accommodate the necessary improvements to the street system. (4) Environmental Impacts: (a) environmentally sensitive areas -- no such areas exist on the property under review. (b) hazardous waste -- so such impact is associated with either the land or proposed uses. - 6 - . (5) Additional Considerations: (a) adequacy of fire protection: This is a site related item. Water pressure should sufficient. Hydrants will be required at developer's expense. Sprinkler systems the multi-family units will be required the developer's expense. plan be the for at (b) drainage -- major drainage devices are necessary; on-site retention will not be sufficient, by itself, to accommodate drainage. Because of the intensity of development it is anticipated that a conduit system will be necessary to convey concentrated drainage to the canal system by 1-95. This is normally a developer's expense but, pursuant to terms of the contract of sale, it may be a City expense. (c) recreational proposals some on-site recreational amenities are to be provided which will be restricted to use of the residents. In addition a site of approximately four acres is to be provided, in lieu of fees, adjacent to the Catherine Strong Center parcel and the athletic fields of Carver Middle School. This site is proposed to have active recreational facilities (basketball courts, play fields, tennis courts) installed at the developer's expense (not a part of the contract of sale but an item costed out in the associated UDAG application). Negotiations are anticipated as to the manner in which maintenance and operation of the park site will be continued over time i.e. sUbcontracting to the developer or directly provided by the City's Parks and Recreation Department. Recreational needs can be readily accommodated if carried out as indicated in the contract for sale and UDAG application. (d) flood hazards -- the property is not near a water course which is subject to flooding. (e) development patterns and compatibility of density and character of surrounding neighborhoods -- public records show previous concerns with a high concentration of units in this general area. Previous land use map amendments to RM designations contemplated development in the range of 7 units per acre (Auburn Trace) and 6 units per acre (Homestead Program). An RH designation which would guarantee a density of 11 units per acre (or the proposed unit count of 368) is not consistent with those previous actions. - 7 - -- the proposed project is compatible, from a land use perspective with existing use to the south (Carver Estates at high density) and the Catherine Strong Center to the west. While currently compatible with the Carver Middle School property to the northwest, it is anticipated that that school will be abandoned within a decade and that reuse of the property will be sought at an intensity equal to or greater than that which is associated with development resulting from this plan amendment. The only other large parcel of land in the immediate area is a County owned parcel currently being promoted for single family affordable housing (33 units). If that affordable housing project does not materialize, it is anticipated that a land use change will be sought which is comparable to the action on this plan amendment. Between this area and Atlantic Avenue there is a single family area (plan and zoning). It is highly probably that as decisions are later made to develop vacant parcels in that area requests will be made to depart from the single family pattern and infill with duplex, triplex, or four-plex development. While such development may be a viable strategy to provide affordable housing, it may work against other stated goals of maintaining the integrity of neighborhoods. The measure of this matter of neighborhood compatibility should be dependent, to a great degree, upon testimony which is provided at the public hearing. All property owners within 500 feet of the perimeter of the proposed amendment have received written notice of the hearing and the contemplated actions. ALTERNATIVE ACTIONS: The fOllowing courses of action they contemplate the myriad of proposed plan amendment. are available to the Board as aspects associated with this 1. Following the public hearing defer action to a special meeting. Also, provide direction to staff regarding additional information desired or the preparation of a draft recommendation. The City Commission's hearing date for the plan amendment is February 23, 1988. 2. Forward a recommendation that the land use map be amended to show a RH designation for the 38 acres. Such a recommendation would be based upon an overriding community need of providing affordable housing. It would guarantee approval of a site plan containing at least 368 units (providing on-site technical compliance is achieved) in that it would allow RH zoning which has a base of 11 units per acre. A restriction to 368 units is compatible with the maximum unit count under the present designations (359 units) and if such a restriction is affixed, the item could be approved as a local amendment. - B - 3. Forward a recommendation that the land use map be amended to show a RM designation for the 38 acres. Such a recommendation would be based upon fact that 90% of the property is already in that designation. It would guarantee approval of a site plan containing at least 260 units under RM zoning provided that on-site technical compliance is achieved. Any increase to that base would require positive findings with respect to all the performance standards of the RM zone district or the mitigation, through City financial participation of those negative impacts which involve public improvements. This recommendation would result in a local amendment. 4. Forward a recommendation that the land use map should not be amended to accommodate the proposed affordable housing development based upon the following: it will accommodate a proposed development, which at a projected density of ten units per acre, is not compatible with existing land use to the north and east of the site; it will set undesirable land use statement and direction for the eventual redevelopment of the Carver Middle School site and for vacant parcels which are available for in-fill development; it will make an undesirable statement regarding other efforts which are intended to stabilize residential areas and encourage revitalization through maintaining a high degree of homeownership; it will necessitate expenditure of City funds for infrastructure improvements primarily for the street network which are not currently programmed and thus will shift priority away from projects which are currently scheduled; it represents a significant change to the concepts and basis which existed in the granting of the two previous actions which resulted in RM designations in the area; those being a density of 7 units per acre for Auburn Trace and 6 units per acre for the Homestead program. ASSESSMENT AND CONCLUSIONS: The general intent of the proposed amendment, to accommodate an affordable housing project which will provide priority to existing residents of the City of Delray Beach, is consistent with various goals of the City. A conceptual site plan which shows a compact, well designed project indicates that the proposed unit count (368) can be properly accommodated within the area. - 9 - However, the terms of the contract or sale and other items necessary to accommodate the desired development require several City actions which are expensive, alter other improvement programs, and may be time-consuming. In addition, apparent adverse neighborhood impacts and related service expense may negate the perceived benefits of accommodating the affordable housing project which was the impetus for the plan amendment. A highlighting of these concerns/items are: taking right-of-way from possibly taking a portion proposed development thus plan; the Cemetery property and of the right-of-way from the putting a pinch on the site taking right-of-way from the Carver Middle School site and possibly taking a portion of that right-of-way from the proposed development thus putting another pinch on the site plan; acquisition of right-of-way for the southerly extension of S.W. 14th Avenue over Housing Authority hOldings; capital expenditures for the 14th Avenue extension, intersection improvements at 14th and S.W. 10th Street, street realignment northerly out of Carver Estates then east to S.W. 8th Avenue, and possibly the extension of S.W. 12th Street southerly into the project; capital expenditures for drainage devices (and possibly obtaining easements) to the canal along I-95; a higher per capita demand on law enforcement to provide services in a relatively high concentration of low and low-moderate income households it is anticipated that the Police Department will be seeking three officers added to its staff concurrent with occupancy of the project; the existence of a soils analysis which comments that the soils are of "loosely compacted material" which may require "some type of stabilization" but should be okay for single story, single family housing construction .... by transposition, it may be anticipated that soil conditions could dictate either increased development costs or redesign of the site plan to accommodate sensitive soils; the potential precedent setting nature of designation with respect to in-fill development in that part of the community. the land use and future - 10 - The decision before the Board as to what direction to take is indeed difficult. On one hand, opportunity is knocking in the form of UDAG participation in funding which may add affordable housing to the City a goal which while stated has been difficult to realize through previous efforts. If successful, the project will return millions of dollars to the City at the end of its fifteen year financing cycle. On the other hand, to achieve that goal will require expenditure of unprogrammed funds and detract from other community priorities. It will place unusual demands upon the City in terms of acquisition and development and provision of services. It may have adverse land use and associated neighborhood impacts. While some other approaches to increasing the stock of affordable housing for families have not progressed, the single family lot alternative to the Homestead program is being pursued by others nearby. A strategy for in-fill, vacant lot development, has not been pursued. Considering all the factors known to the Planning'Department, it appears prudent not to proceed with the alternative action (RH designation) which would guarantee development of the property with a unit count of 368. Proceeding with a designation of RM would allow the project to have site specific analysis once the zoning is affixed and a formal site plan submittal is made. However, such an action does not accommodate the project proponents need to have a guaranteed unit count of 368. In fact, based upon the indicated demands upon the City it would appear that, if the RM route were taken, we may be hard pressed to make findings to allow a unit account above the base of 260. An unknown factor at this point in time is that of community opinion. If testimony at the public hearing reflects opposition or serious concern or is generally lacking it is recommended that a recommendation be forwarded that the land use map not be amended and that consideration be given to resurrecting the single family alternative to the Homestead program and in-fill strategies in order to provide affordable housing for Delray Beach residents. If there is overwhelming support for the project, it, is recommended that the RH designation be applied thus putting to rest any future second-guessing about proceeding with the resulting development. RECOMMENDED ACTION: The Director of Planning and Zoning recommends taking a position of either going completely for (the RH designation) or rejecting the matter before the Board. A middle ground (RM) is not recommended since it does not provide the firm decision which the project proponent feels is necessary in order to make additional commitments to the project. The decision as to which position to take would be dependent upon community comment at the hearing. REF/DJK#14/B:LUPHOUSE.TXT - 11 - l .~.. ...re,,';'. ' ,.,'." I~':ili"'''':-l "to.... .?~~~:.\;~~~ \0' MF'15 - R PCC -P~altC\ Mr- 15 MF.l5 1F.IO ljEL~A! _ :&;A<;~: .,', .... :S~~ . . . - - -..<( ,'I "'-: ~' BLVD. POI ( \ ~8 '-r ) . I I C ,,'c Cl ;, ~ i,,, to\ l h, 1"1 "p , -" " t')-e s \ ~Y~"'h crnJ \ 1 ~ ~'-~~-~~: "::' .;-~;;}r~::rf~-~..- ..MF~: ItKb" , 'i .'.. :01-' rUiI:' , ,.... 'F"ll.:!.::.{'.t. : .._~ I. ., .,~:, ;'.' ....,.." ", . p , :dMFHi . ,. . ~' , ~~ ~r:.' .'~ i tJt\~~:;- !~~~ ~: :;: ",Ii' . 'r ' ", , J J,I;i, .., ..t, " w > 0<( !'. . ., . . .. .. ~, , , , I '. .. . '.- 'It' ...., , , I R . . "0 ~ ~ !. ,. ~:~~:.~ ,/:,.,. P .' . ."-: ~ ~ .' f .r',r. " .11, "\'\:1,", , I C ~ . 9 :. 4 ~) i..III....' !'<', . .. i+'T::-U-r.~-_ ~. .,.:4;;:'~ M~ f-..... l"t N~tJ\ I: ~ .~ 4J :1 h. 'I ~ ~ I 'SE: ., . ''''\ ,: - "', It,,~lf' ' P ~ '. "". . '. - . '.t.. ':':R"!Ei.rO"Ii-~',: ~(" . 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'''I ,I ; ~ '"', ~, .tli 1 . , .1, I.i.J ~ :11 "- ~: ~ F ~; I I I P I I I ~ Iii I * , " , " , ' I; ," 1'0' , )! '0 .'..0 '0 ~ w ~ o J: h''''J-'' . 1:1" -U ij::;i ;" ..J' ~ ~I .' -;)"'!' 1'1 1;-;; oJ...-!!! .MF.J5 ~. '" ..-. ..... . S 173.887 IlEUU IIIIIIaI his representative has waived the 6O-d-r period . ('80 Code, S 30-23(8)) (Ord.. passed 4-1-80, Am. Ord. 28-84, passed 4-24-84, Am. Ord. 138-85, passed 12-17-85) S 173.887 LIMITATIONS ON TIlE REZONING OF PROPERTY. (A) Whenever the Commission has denied an application for the rezoning of property, the Commission shall not thereafter: (1) Consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action. (2) Consider an application for any other kind of rezoning on any part or all of the same property for a period of six months fram the date of such action. (8) The time limits of division (A) above may be waf ved by three affirmative votes of the Commission when such action is found and deemed necessary to prevent injustice or to facilitate the proper development of the city. ('80 Code,S 30-23(C)) COrd., passed 4-1-80) 5 173.888 STANDARDS FOR EVALUATING REZONING REQUESTS. In considering an application for rezoning, the Planning and Zoning Board and the Commission shall make written findings indicating that the proposed change has been studied and considered in relation to the fallowing standards, where applicable: CA) Will the change be contrary to the proposed land use plan, and have an adverse effect on the plan? (8) Will the change be contrary to the existing land use pattern? CC) Will the change create an isolated district unrelated to adjacent and nearby districts. That is, is this spot zoning? (0) Will the change alter the population density pattern, thereby increasing the load on public facilities such as schools, utilities, streets, and the like? (E) Are the present district boundaries illogically drawn in relation to the existing condition on the property proposed for change? (F) Have changed or changing conditions made this proposed rezoning necessary? ZONING CODE 190 (G) Will the change adversely influence living conditions in the neighborhood? e (8) Will the change create or excessively increase traffic congestion or otherwise affect pUblic safety? (I) Will the change create a drainage problem? (J) Will the change seriously reduce light and air to adjacent areas? (K) Will the Change adversely affect property values in the adjacent area? (t) Will the change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? (M) Will the change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? (N) Are there substantial reasons why the property cannot be used in accord with existing zoning? (0) Is the change out of scale wi th the needs of the neighborhood or the city? e (P) adequa te proposed allowing Is it impossible to find other sites in the city for the use in zoning districts already such use? (Q) Has sufficient evidence been presented to justify the need for the change? ('80 Code,S 30-23(0)) (Ord.. passed 4-1-80) 5 173.889 CONTENTS OF REZONING APPLICATION. Applications for rezoning shall contain the following items: (A) A general application form. (S) A statement of the applicant's interest in the property to be rezoned, including a copy of the last recorded warranty deed, and a certificate fram an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are. and the nature and extent of their interest therein, and (1) If jOint and several ownership, a written consent to the rezoning proposal by all owners of record, or (2) If a contract purchase, a copy of the purchase contract and written consent of the seller/owner, or e C I T Y COM MIS S ION DOC U MEN TAT ION TO: C-~ER O. B~Y, CITY MANAGER Q,- ;-.( J lie l cic(/ DAVID J. ~~v~(, DIR~ DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEM PUBLIC HEARING RE VOLUNTARY ANNEXATION WITH CITY ZONING OF G.C. AND R.M. FOR THE ENTERPRISE LEASING ANNEXATION (SOUTH FEDERAL HIGHWAY) FIRST READING ORDINANCE 81-88 ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the enacting ordinance for this annexation and zoning on approximately .7 acres with zoning of RM zoning on Lot 14 and GC zoning on the portion of the property which currently encompasses the Enterprise Leasing business operation. Subsequent action will include second reading of the ordinance. BACKGROUND: This item has been before the City Commission when it was first referred from the Planning and Zoning Board. Concerns were raised at that time about the appropriateness of commercial zoning on Lot 14 which is not a part of the currently developed portion of the Enterprise Leasing operations. At a subsequent workshop, the consensus of the Commission was to proceed with two zoning designations. The agent desired to proceed with the singular zoning designation of commercial. At the next City Commission meeting, the agent sought a deferral of action (which would have been to deny) so that he could further converse with his client. Later, the agent notified the Director of Planning and Zoning that the owner was receptive of the split zoning approach and asked that the processing resume. Thus, the enacting ordinance was prepared and the hearing duly noticed. I I l . To: Walter C Barry, City Manager Re: Public Hearing Re Voluntary Annexation With City Zoning Of G.C. And R.M. For The Enterprise Leasing Annexation (South Federal Highway) First Reading Ordinance 81-88 Page 2 RECOMMENDED ACTION: By motion, approval of Ordinance 81-88 on First Reading, based upon findings that the annexation is consistent with provisions of Florida Statutes and an enclave is not being created. Reference material: Planning and Zoning Board staff reports provided previously, Ordinance # 81-88 provided by the City Clerk REF/DJK#26/CCENTER.TXT . C I T Y COM MIS S ION DOC U MEN TAT ION TO: CJR O. BARRY, CITY MANAGER C\J--J( J ~ (Jof) DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEM PUBLIC HEARING RE PROPOSED AMENDMENTS TO THE ZONING CODE THROUGH A TOTAL REVISION OF THE P.C.C. ZONE DISTRICT; FIRST READING OF ORDINANCE 82-88 ACTION REQUESTED OF THE COMMISSION: Approval on first reading of the enacting ordinance for proposed amendments to the PCC Zone District regulations. Subsequent action will include second reading of the ordinance. BACKGROUND: This item was initiated by the Planning and Zoning Board upon request of Cedarwood Companies, developers of Delray Park of Commerce. The revised text was developed through the combined efforts of Cedarwood representatives and the City's Planning Staff. A representative of Congress Park PCC was involved in the later stages of the review and it was discovered that Congress Park South cannot comply with existing regulations let alone the proposed revisions. Thus, the best way to handle Congress Park is for them to seek SAD zoning with the PCC district regulations which applied in 1982 being its development regulations. The Congress Park matter aside, there is no reason not to proceed with the proposed text amendment. The Planning and Zoning Board reviewed the proposal on several occassions and following a duly noticed public hearing has forwarded the item with a recommendation of approval. 1'2-- . ... To: ...<e: Walter O. Barry, City Manager Public Hearing Re Proposed Amendments To Through A Total Revision Of The PCC Zone First Hearing of Ordinance 82-88 Page 2 , The Zoning Code District, Please refer to the previously provided Planning and Zoning staff reports for detailed background and analysis. There are several aspects to the revisions and it is not possible to offer a capsual summary. If the Commission desires a thorough briefing on the topic, I suggested that the ordinance be approved on first reading and a work session scheduled prior to second reading. One hour of work session time should be setaside if a full briefing is desired. Otherwise, I suggest that individual members contact staff with their questions. RECOMMENDED ACTION: By motion, approval of Ordinance 82-88 on First Reading, pursuant to the recommendation of the Planning and Zoning Board. Reference material: Planning and Zoning Board staff reports provided previously, Ordinance # 82-88 provided by the City Clerk REF/DJK#23/CCPCC.TXT 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~R O. BARRY, CITY MANAGER ~-k.j~~'V~\j '~I_'C' ~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEM CONSIDERATION OF ORDINANCE 81-87. HOLD-OVER ORDINANCE RE DEFINITION OF FAMILY ACTION REQUESTED OF THE COMMISSION: Disposition of Ordinance 81-87 BACKGROUND: Ordinance 81-87 was before the City Commission last year. The ordinance was considered at a public hearing and has received approval on first reading. Second reading has been deferred as an action of "tabling" oCCurred. Now that the City Commission has pursued the subject matter of this ordinance through other legislation (Ordinance 91-88), it is appropriate to disposed of Ordinance 81-87. The procedure for so doing is outlined under the "recommended action" . RECOMMENDED ACTION: By motion, 1st remove Ordinance 81-87 from the table. 2nd by motion, deny Ordinance 81-87. REF/DJK#23/CCORD81.TXT '+4- . C I T Y COM MIS S ION DOC U MEN TAT ION TO: cjTER O. BARRY, CITY MANAGER ~ \\ (UJ/{ J ~\0( / . D J. KOVAb~, DHECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEMS CONSIDERATION OF ORDINANCE 77-88, REZONING FROM RM-10 TO SAD AND CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR THE PROPOSED GULFSTREAM MOTOR LODGE ACTION REQUESTED OF THE COMMISSION: First, approval of the site and development plan for the proposed Gulfstream Motor Lodge to be located at the southwest corner of Federal Highway and S.W. 10th Street. Second, approval on second reading of Ordinance 77-88 which is a rezoning ordinance (RM-lO to SAD). The site and development plan referenced in the first action becomes, by reference, a part of Ordinance 77-88. BACKGROUND: When the rezoning action associated with this proposed project was before the City Commission it was desired that SAD, instead of GC, zoning be applied to the property. The applicant amended his petition accordingly and an enacting ordinance was approved on first reading. Prior to second reading it is necessary to first act on the associated site plan. Thus, the site plan consideration precedes second reading of the enacting ordinance. The site and development plan has sUbsequently been processed and has been acted upon by the Planning and Zoning Board. Attached is the Board's staff report which provides full background and analysis. tf-9 To: Walter O. Barry, City Manager Re: Consideration Of Ordinance 77-88, Rezoning from RM-10 To SAD And Consideration Of The Site And Development Plan For The Proposed Gulfstream Motor Lodge Page 2 Planning and Zoning Board Recommendation: At its meeting of July 18, 1988, the Board reviewed the site plan and forwarded it with a recommendation of approval subject to conditions along with a recommendation that "Administrative Relief" be granted for compact car spaces pursuant to the site plan. The conditions of approval are as presented in the attached staff report on pages 9 and 10. RECOMMENDED ACTION: By motion, 1st .... granting of Administrative Relief for the use of compact parking spaces and approval of the site and development plan for the proposed Gulfstream Motor Lodge pursuant to the findings and conditions of the Planning and Zoning Board. and, 2nd .... approval of Ordinance 77-88 on second and final reading. Attachments: P & Z Staff Report of July 18th, Item III.A Ordinance 77-88, separate packet REF/DJK#23/CCGULFS.TXT / . PLANNING B ZONING CITY OF OELRRY BOARD BEACH STAFF REPORT. MEETING DATE: JULY 18, 1988 AGENDA ITEM: Jll:.4. ITEM: CONSIDERATION OF CONDITIONAL USE TO ALLOW A HOTEL AND SITE PLAN APPROVAL FOR TRIZAX FINANCIAl. CORPORATION ON THE SOIIT1NF.ST CORNF.R OF S E. 5TH AVE. AND S.E. 10TH ST. 3ENERAL DRTR: 0Wner...........................~ ...ift98 ... LoaD ....aocl.t1_ COD~ract Purcha..r..............!Tl.at Financial ~r.tiOD (W1111_ C. Field) Aqeat..................... ......L&rrr N. IebM1cIer CUrrie, SOtuMllc1u' UId Aaeoclu.. AIA, PA LocatiOD........................SOU~t ~ ~ 12. 5th Ave. ad D. IOu It. Pr~rty .1.....................Z.017 ~ (10,.12... ft.) Cley c.ad u.. .1............... ..__10 (Ia&1Up1e r.-ll' .. 10 \&ILlu/..:nJ Idou.v City _............_10 1I0.1Up1e '_11' "'WeaUa1J I.. Tt Laad u.. .lu..........C C&...ral&1) UIf w.xau) I.. II ZoaiDg.................UD (1,.01.1 AcUntJ... DlatdctJ CAlI . UIIporUJ' ~ &ODII UIltJ.l t.blI "80ft ~u. Dlnd" b 111 plaoe. (III ......., Adjaoebt &oa1Dr.................~ of .wbj~ ~~ 1. aOMd. a..u.ca1Dg1e "_111') U4 ac: (Spocl.allHd -.a!&ll. lout!> J.8 10Md &AD. laIC 1.8 aOMd. Ie and ....t 18 .... ~ .. C".1dutid 1111I -'1ty,. IZl.t1Dg Laad U.................VacaD~ 1aa4 P1 .. ... Laad U..................A " ~ hotel W.ter ..n1oe...................b1.8c:1D9 vater ~ located OIl the DOrtb aide ot '.1. 10~ .~.. a10ag vlUl -.1A ....1ou to prcw1de adequate wter flow lot: Un h,.sruta. .....1' ..nice...................b1.tlav irI'.Yl~ IIaaltaq..wr located OIl tbre eou.tIl a1de of .... lOt.ll St. ITEM: ill ^. 1 . ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a conditional use and attendant site plan, to allow the development of a ninety-seven (97) room hotel, with accessory meeting rooms, lounge and restaurant designed around a central courtyard located at the southwest corner of Southbound Federal Highway (S.E. 5th Avenue) and S.E. 10th Street. BACKGROUND: A land Use Plan Amendment from MFlO to Commercial and concurrent rezoning from RM-10 to GC (General Commercial) was heard by the Planning and Zoning Board at the Regular/Public Hearing Meeting of June 20, 1988, and a unanimous recommendation of approval was forwarded to the City Commission. At the City commission meeting held on June 28, 1988, the City Commission accepted the Board's recommendation regarding the Land Use Map Amendment from MF-lO to Commercial, but questioned the Planning and Zoning Board's recommendation to rezone to GC General Commercial. The City Commission then directed that the SAD Special Activities District zoning designation be applied as a temPOrary zoning category until the proposed "Resort-Tourism" District is in place. Public Hearings on the Land Use Amendment and the SAD zoning ordinance will be held on July 12, 1988. Refer to the rezoning Staff Report for additional background. PROJECT ANALYSIS: The site plan was initially designed to comply with the General Commercial District regulations, however, with the proposed rezoning to the Special Activities District and subsequent Resort-Tourism District, the following analysis includes assessment in accordance with Section 173.848 Conditional Use Standards; Section 173.867 Site and Development Criteria, as well as the Special Regulations for Hotels Section 173.070; the Special Activities Districts Section173. 630; and the proposed "Resort-Tourism" District (draft #1) . Pursuant to Code Section173. 001 , this use is consistent with the current definition of 'Hotel" in that the proposed development contains more than 10 sleeping rooms for transient guests with no provisions made for cooking in the individual rooms, along with accessory uses such as meeting rooms, lounges and restaurants. However, with the provision of concrete walkways - 1 - I To: Planning ant oning Board Re: Gulfstream Motorlodge, Ltd. Conditional Use and Sice Plan ~ on the southern and eastern sides" the bUilding from the adjacent driveway areas to the main structure which provide access (not via the inner lobby) to the sleeping rooms, the development will not meet the proposed definition of "Hotel". It does, however, comply with the proposed definition of "Motel" which is proposed to be allowed as a conditional use in the Resort-Tourism District. Review of the site plan pursuant to the proposed Resort-Tourism District results in a potential code violation in that the proposed minimum ten (10) foot interior perimeter landscape requirement is not met, as only five (5) feet is provided. The five foot standard is consistent with present landscape codes. Dedication of additional right-of-way in accordance with the County Thoroughfare Plan which requires a 40 foot half section right-of-way for S.E. 10th Street, is provided for. This dedication shall formally be accommodated in the platting process. STANDARDS FOR EVALUATING A CONDITIONAL USE Standard # 1 (ingress & egress): The development of the site proposes two twenty-four (24) foot curb-cuts, one along S.E. 10th street and the other along Federal Highway (southbound). Traffic flow at the Federal Highway entrance will be limited to right turns only, Le. right-in/right-out turns, because the one way pair for Federal Highway exists in this location. However, right and left turning movements in and out of the site, at the S.E. 10th Street entrance will be accommodated. On site, a continuous traffic circulation pattern encircling the main structure is proposed, with the driveway adjacent to the building; and parking spaces separated from the building by the driveway. This arrangement forces all pedestrians to cross the driveway in order to enter the building. Flip-flopping of the parking and driveway areas would result in a deficiency of parking spaces. The provision of pedestrian cross-walks in selected locations would provide an acceptable solution thus providing some pedestrian safety and convenience. Standard #2 (parking and loading areas): Ninety-five (95) parking spaces, as required by Code have been provided on site. Also, per Section l73.773(E) two (2) handicap parking spaces are provided. These spaces flank the main entrance area and provide easy - 2 - l To: Planning an~ Zoning Board Re: Gulfstream tor lodge , Ltd. Conditional Use and Site Plan accessibility to the lobby. Categorizing the type of parking spaces provided on site reveals that 76.8% or 73 spaces are standard spaces with dimensions of 9 by 18 feet; 21% or 20 spaces are, 8 by 16 foot, compact spaces; and 2.1% or 2 spaces are handicap spaces. The applicant has submitted a request pursuant to Code Section 173.775(B)(4) for Administrative Relief to allow the use of compact car parking spaces for long term employee parking. Pursuant to the Code... the Board must make findings in accordance with Section l73.775(A)(4) as follows: 1. The relief sought is prov~s~ons applicable to Section l73.775(B) consistent with the request as the set specific forth at 2. The intent of the parking code is preserved 3. The parking provided will be sufficient to serve the use for which it is intended. 4. The relief sought will not be detrimental to the public health/welfare or safety. Re: Criteria U Code Section 173.775(B)(4) states" Administrative Relief may be approved in accordance with Section l73.771(F) to allow the use of compact car parking spaces for long term employee parking. In order to apply for such relief, a site plan shall be submitted showing the location and number of the proposed compact car spaces". Section 173.77l(F) states: "When approved in accordance with the provisions of Section 173.775 "Administrative Relief", uses which provided long term parking, i.e., a parking lot or facility that is intended to be used primarily by on-site employees, may be permitted to provide compact car parking spaces up to thirty percent (30%) of the total parking requirement". Thirty percent (30%) of the total parking spaces spaces, as only 20 compact spaces are proposed. is in keeping with provisions mentioned above. equates to 28 This request Re: Criteria #2: The intent of the parking code is to allow compact parking spaces for "long-term parking" or employee parking. Since this use triggers a high employment demand (resources from the ITE - 3 - l . To: Planning an~ ooning Board Re: Gulfstream i _or lodge , Ltd. Conditional Use and Site Plan manual indicate employee density ranges of 0.46 to 1.38 employee per room) the request to allow compact parking spaces meets the intent of the Code. However, any approval should be based on compliance with Section 173.772(C)(5) "markings and signing" and with the additional requirement that the wheel stops be marked for employee use only. Re: Criteria #3 This request does not reduce the number of required spaces, only the size of the parking spaces are reduced. Re: Criteria #4: The location abnormality established. of the compact parking spaces does not create any with the circulation and parking pattern Upon consideration, the Board must make a specific recommendation to the City Commission on this request. Pursuant to Section 173.791 two (2) loading berths are required. A service area is delineated on the site plan with specific detail indicated on an attached floor plan. The loading berths are located in a manner which creates conflicts with the adjacent twenty-four (24) driveway as the berths encroach upon eight (a) feet of the driveway. This conflict will have to be accommodated through redesign. Standard #3 (refuse and service area): An adequate refuse and service area has been provided on site. Standard #4 (utilities): Water: An existing 6 inch water main runs along the north edge of the S.E. 10th Street right-of-way. This water main dead ends south of Lot 10, Block a, Rio Rey Shores ( just short of the S.E. 5th Avenue right-of-way). Also a 2' service line runs along the west right-of-way of Federal Highway (southbound) extending from the Acquilano site to the existing 6" main mentioned above. The applicant proposes to connect to the 6" water main via a 6" service line. However, this arrangement is not sufficient for fire suppression and was rejected by the Fire Department. ~n additional fire hydrant was required and adequate water flow would not be maintained on the existing 6 inch main as a looped water system does not exist. - 4 - 1 To: Planning,. Zoning Board Re: Gulfstream Motorlodge, Ltd. Conditional Use and Site Plan In order to resolve the fire suppression deficiency two options were communicated to the applicant: a) obtain off-site easements to connect to the 6" water main located at the east side of Park Place and extend such main to the existing 6" main at S.E. 10th Street, thus looping the system. b) Extend the 6" main to connect to the existing 12" water main located along the east side of northbound Federal Highway. The applicant sUbsequently revised the plans and now shows an extension of an 8" main along the eastern frontage of the property to the southern property line. This extension will require jack and boring both Highways. The additional hydrant is placed at the southern extremity of this main. However, inorder to maintain adequate fire flow, extending the existing 6" main to connect to the proposed 8" main will be required. Sewer: Sewer service is available from a 10 inch sewer main which runs along the southern area of the S.E. 10th Street right-of-way. The applicant is proposing to connect to the existing lines via a service line. Standard #5 (screens and buffers): Plant materials in the combination of trees, hedges and shrubs are propo~d to meet the screening and buffering requirements. This site?,"ha:; arterials to the north and east, and residential zoning to the west all of which trigger special landscape/buffer requirements. Along Federal Highway a twenty foot (20) landscape buffer has been provided. However, wi thin this landscape area a utility easement occupies the eastern fifteen (15) feet, thus requiring all trees, hedges and shrubs to be planted within the western (rear) five (5) feet. This proposal has been reviewed by the City Horticulturist and has been found to be acceptable. Along S.E. 10th Street a ten (10) foot landscape strip has been provided from the ultimate right-of-way, thus future dedications will not reduce this buffer area. Along the western perimeter, a wall six (6) feet high or a continuous hedge four and one half feet (4 1/2) at the time of installation is required to meet the district boundary regulations pursuant to Code Section 173.036 (A). In addition, the landscape code, Section 159.30, requires trees to be planted 25 foot on center. The site plans show a continuous - 5 - . To: planning a ' Zoning Board Re: Gulfstream .otorlodge, Ltd. Conditional Use and Site Plan hedge 2' at the time of installation and trees spaced approximately 40 foot on center. Additional trees along with the installation of 4 1/2 foot hedging is required to meet code standards. As previously mentioned requirement does not meet regulations. the interior perimeter landscape the proposed Resort-Tourism District Standard #6 (signs and lighting): The site plan indicates the location of one free standing business sign, however no additional details such as height, materials and lettering are provided. Only referencing the location of the sign is necessary on the site plan as the function of a site plan as it relates to signage, pertains primarily to site distance requirements. Lighting is provided for the parking areas. Lighting will be sharp cut-off luminaries (Le. confirmed on site) mounted on twenty (20) foot poles. Standard # 7 (setbacks and open space): All building setback requirements are met. Also the prov~s~on of a 10,296 sq.ft. central courtyard meets the proposed Resort-Tourism District regulations where a minimum of 10 % of the lot area shall be open space. Standard # 8 (compatibility): This development is consistent with the surrounding commercial uses to the south and north, and reasonably compatible with the potential of high density residential development to the west. Two vacant, single family lots, are located to the northwest but these lots are separated by S.E. 10th Street, an arterial. Standard # 9 (height): The building height of 35 feet is consistent with code requirements. Standard # 10 (economic effects on adjacent properties): This petition will have little economic effect on adjacent properties as the area is commercial in nature, and the development is somewhat similar to a high density residential development. Therefore the proposal should not have adverse impacts on value and development on adjacent properties. - 6 - To: planning a-' Zoning Board Re: Gulfstrean 0torlodge, Ltd. Conditional Use and Site Plan SITE PLAN ANALYSIS: The site plan has been reviewed using criteria outlined in Section "Standards for Evaluating Site and Development Plan Application". Standard *1 (sufficiency of material): This standard has been met with this submission. Standard * 2 (impact of proposed use): As the proposal fronts on two arterials (Federal Highway & S.E. 10th Street) a commercial area in nature, and the development proposed is similar to high density residential, this proposal should not adversely impact conditions in adjacent neighborhoods. All traffic will utilize the arterial street system and all parking, loading, and drainage will be maintained internal to the site. Standard * 3 (ingress and egress); and Standard * 4 (off-street parking and loading areas): These standards are dealt with under Standards 3 and 4 of the Conditional Use Standards Standard * 5 (screens and buffers): This condition is addressed under Standard *5 of the Conditional Use Standards. Standard * 6 (drainage): No adverse situations regarding the treatment of containing drainage on site is apparent. Conceptual drainage plans have been submitted. Additional drainage calculations and topographic information will be required as part of the platting process. Standard * 7 (sanitary sewers) and Standard * 8 (utilities): These standards are addressed under Standard * 4 of the Conditional Use Standards. Standard * 9 (recreation and open space): These standards are met. See discussion under Conditional Use Standard * 7. - 7 - To: Planning 1 zoning Board Re: Gulfstrear.. .1otorlodge, Ltd. Conditional Use and Site Plan standard * 10 (site development): This criteria's general layout harmonious with whole. intent is to assure that the appearance and of the development will be compatible and adjacent properties, as well as the City as a The Communi ty Appearance Board reviewed the pro j ect on June 29, 1988, and approved the plans in concept, subject to the applicant providing detailed landscaping plans. Technical Review: The applicant has addressed most of the staff initial comments in the revised site plan submittal, however the following outstanding comments needs to be addressed. 1. Provide calculations for interior greenspace requirements to substantiate that an area equal to 10% of the total paved area is in interior greenspace. 2. On the site plan indicate that a five (5) foot sidewalk will extend from U.S. Highway No.1 to the western edge of the property. Such sidewalk shall be located adjacent to the ultimate right-of-way line. 3. Provide a planting plan for the courtyard area. Other Items: The Engineering Department is requiring platting prior to the issuance of any building permit. The plat will combine the two parcels and provide right-of-way dedications for S.E. 10th Street. A traffic study has been required. This study is to focus upon turning movements in and out of the site and upon adequacy of the s.w. 10th - Federal intersection. Recommended improvements will be required as part of the platting process. ASSESSMENT: The project is quite straight forward. The applicant has worked well with various departments and Boards in resolving initial differences. Remaining design items are relatively minor and can be handled as conditions of approval. - 8 - l . To: Planning a . Zoning Board Re: Gulfstream .otorlodge, Ltd. Conditional Use and Site Plan ALTERNATIVE ACTION: 1. Continue, with direction, applicant. and with concurrence of the 2. Recommend approval of the site plan and conditional use and the accompanying request for Administrative Relief. 3. Recommend denial of the site plan and conditional use with reasons stated. RECOMMENDATION: Recommend approval of the site plan and conditional use request subject to the following: 1. That Administrative Relief be granted to allow parking spaces to be designed as compact car designated exclusively for long-term employee use. That a plat be approved and recorded prior to the issuance any building permit. Such plat shall accommodate appropriate right-of-way dedications on S.E. 10th Street shall contain water, sewer, and street improvement plans. twenty spaces (20) and 2 . of the and 3. That a detailed landscape plan, including a planting plan for the courtyard, be submitted and approved by the Community Appearance Board prior to the issuance of any building permits. 4. That this approval be valid, pursuant to Code Section 173.849 and Section 173.868 for eighteen (18) months. 5. That the site plan be revised addressing the following items which have been described in the Staff Report: a) Calculations for interior greenspace requirements to substantiate that an area equal to 10% of the total paved area is in interior greenspace. b) A five (5) foot sidewalk extending from u.S. Highway No.1 to the western edge of the property adjacent to the ultimate right-of- way line. c) The loading area be redesigned to accomodate two 12 by 30 foot loading berths whilst maintaining clear access for the adjacent 24 foot driveway. - 9 - To: Planning L ~ Zoning Board Re: Gulfstream Motorlodge, Ltd. Conditional Use and Site Plan d) The prov~s~on of two additional trees along the western boundary in order to maintain maximum tree spacing of twenty-five (25) foot on center. e) A four and one-half (4 1/2) foot hedge be provided at the time of installation along the western property line. f) Pedestrian crosswalks across the 24 foot driveway coinciding with access points to the building. REF/DJK*23/B:MOTORL.TXT - 10 - , . :! 1--- il c ~-::t~7 ' .u.. l...,f;}., ~ ___ __ ._ Is I ~. I r. I <i I ~...,. I .... I I /0 I , ,-: _ ~ 1 ;1 ~~ - -~ati smEiE'f-- -----; - ..,. '.' ~ ".' .ll6l"CPl' I ~, '" ' -~ \ . -. ~ ' Itf; .. , ~ -.... ~_.....JIL..___. I -"''-.....~~~ '::-"'~..L ___~L_ ., ._.~...- .~... - Ii . --------J---- .' _00.... M7~ ,,'-VW) - -- --- F I-r , , <l>i t ." #I ..., . '\ -. e " ~ , , ~, I -,I :1 . --.--.--- / :' " ~ -.... i"'~ .;:- ~-<, '--~I- ~ - ) . . , \ '; _/' o-t._~. t .-- "' ::~, ",;.1\' Fl ;-d-~ . - ~- .-- "1,' ...... ./ ~-;-::. . / ~1 ~:~ -~ \. ~ _.Cl> "".0' ~- .,4 _____. , I, J" '~ ( ~ I ! r , ':/ ., I .~~- , . , .1 --- j-- ~ II , ~ --- ,t'd, l "..1 ~.. ; ~ -~.---~ - -....... ....... , , \.lI,\ 00_._';"'_"'] L- --: ~. _ 1_M"I. 7 , .- DEPART-1ENTAL CORRESPONDENCE "_ ".,._........_._.....H. ._.n_....__ __ . ._.,..._..__~_...._. [ITY DF DELRAY B,EA[H ~(i TO Walter O. Barry, City Manager FROM ~~rCild___B. Chur~h,_ P. E. ,<;i_ty En9"-~l1e.er ._-..-=:-:-~:-:.-_~-=~:-..~-:.-.:- ~- .-.-,. -:.__':--"':'.-:::=-_-::-:=:- .:.__~._. __"_...__. ___n '~_:-::::'::::::::::-.~-': __,.. Dolphin pile Variance Request Lot 169, Tropic Isle SUBJECT.Re~eJ:e_~.ge _ ouE___~~IlI_'?_._6_:_1?~ 8~__.____________ 7/19/88 DATE As per your request we met the City Attorney to review Mr. Bacarella's request for a variance to install a dolphin pile. After due consid- eration the City Attorney concurred with our findings and recommenda-. tion that the variance be approved. GBC:slg cc: City Attorney ~ ~o UI::t-'AHI MI::NTAL CORREvrONDENCE I, CITY DF DELAAY BEA[H . ~Ci TO Walter O. Barry, City Manager )JAC- ,y-'Gerald B. Church, P.E., City Engineer FROM SUBJECT Dolphin Pile Variance Request - Lot 169, Tropic Isle 6/1S/B8 DATE Mr. Max Hagen, attorney for Mr. and Mrs. Michael Bacare11a, has requested, on behalf of his client, the subject variance re- quest. As per Mr. Hagen's letter (copy attached), the request is rather complex and involves a ~awsuit between the property owner and an adjacent property owner. Engineering recommends approval of the variance for the following reasons: 1. It would be impossible to construct a dolphin pile at this location and meet City code requirements. 2. It would not endanger public safety. Both adjacent property owners object to the variance request (see attached copies of letters). Also attached are an agenda re- quest form for the item and a sketch of the proposed installation. GBC: slg CM 362 THE EFFORT ALWAYS MATTERS rJUN 1 0 \9a~ LAW O"F'ICES MAx M. HAGEN, P. A. Or. te15l53 'l'- E.IQ!!:! AVENUt; NORTH MIAMI 8.EACH, "LOAIO", 331152 TEl.EPHONE (30!5) 940-0.513 PL..EASE REIl'. TO OUR "'L.E . June 7, 1988 2540-11 Gates D. Castle, P.E. Assistant City Engineer City of De1ray Beach Delray Beach, Fla. 33444 Re: Lot 169, SECOND SECTION OF TROPIC ISLE, according to the Plat thereof recorded in Plat Book 24, Page 246, of the Public Records of Palm Beach County, Florida. Request for variance for installation of Dolphin pole. Dear Mr. Castle: Please be advised that I represent Michael J. Bacarella and Deborah Bacarella, his wife in connection with their request for a variance to install a dolphin pole adjacent to their property to dock their boat. The purpose of the placement of the dolphin pole is to avoid any technical encroachment of any riparian rights of either of the adjoining property owners. When the boat is docked sideways adjacent to my clients' property there may be a very minor encroachment on one or the other adjoining property owner's property depending upon the position in which the boat is moved, forward or backwards. My clients and the adjoining property owner, Mr. Anthony Coneff, have been involved in certain litigation. Mr. Coneff complained that the original position of the beet constituted a technical encroachment of his riparian rights. We secured an engineering survey and it showed a very minor encroachment on his vacant lot adjacent to where my clients' property is located. Mr. Coneff resides on the second lot not directly adjacent to my clients' property but made a major fuss over his view of the canal being obstructed by about a two foot portion of the rear of my clients' boat. In order to avoid lengthy, time consuming and expensi"'ie litigation my clients' voluntarily agreed to the entry of an Agreed Stipulation with regard to the placement of the boat. Mr. Coneff apparently has engaged the support of the adjoining owner who has title to another piece of property and has created a second possible objection to the placement of the boat now being forward and thereby possibly making a similar technical encroachment on the other adjoining landowner's property. .~. Our surveyors and engineers have determined that the application for the placement of the dolphin pole will eliminate any technical violation as to either adjoining landowner and that is the reason why the request for the variance has been made. It is obvious that the canal is used for pleasure boating purposes and that is why my clients' and other similar owners situated along that canal have purchased property in that area and have docked their respective boats along the canal. The sight of these boats is obviously a beautification rather than a hinderance of the canal area. However, if somebody wants to complain that a two foot view of the rear or front of a boat constitutes an eye sore, then so be it. To my clients this type of complaint constitutes a clear indication of harassment versus an actual problem. My clients' boat is a 24' Sea Ray which is a relatively small boat that does not create .any problem whatsoever with regard to its use nor the right of ingress nor egress to any other adjacent property owner and certainly does not disturb the view of any owner residing on a waterway. Since Mr. Coneff has created the problem by the filing of the lawsuit and the entry of an agreed order, it now becomes necessary for my clients to require the variance for the placement of the dolphin pole, so that they may use their waterfront property for the purposes for which it was intended. We invite you or a member of your staff or any other interested party to make a visual inspection of the area and the situation that is involved and the only conclusion that can be drawn is that some relief should be given to my clients under the circumstances. Please make the necessary arrangements to set this matter for an appropriate hearing with notices to all parties concerned and we will plead our case accordingly at that time. Thank you for your attention and cooperation in connection with this matter. I rr r4~tl" / Jx~ HAGEN 0/ MMH: If cc: Mr. and Mrs. Michael Bacarella LAW O""ICES 0" MAX M. HAGEN, P. A. 11515153 N. E.IQ!!! AVIE.. NORTH MIAMI BEACH, "LORIO'" 33115Z t { j r \00 o~ 'v t.. r I. f: I , 1..- r t r.: l. ['. l' i, , , o ' 104 3A AD \\ nO , " I' .n'} s" ~ \ ~. o v " > \ P "'- "'- \ "--- ,"--- \ "---, \ , " \ "" \ "--.\ ilPg , /0 /,0 e(.1 30 I, (iC \ O.f V .... - I, C~h'~~~L: ~5~./'~ W-/'. d~~c7'L ? " ~~~,&/.&~/? ..~d /$t. ~~~/ 6k ~, ~:~ ~~~. ~~C~~ , ~~-A~~4~ ~ ~~ .~~~~,?~~~.~~ ,.2{ ~~ ~ S~~~~&.:~ ~-~~~~ Ad~"'?3'~z ~#/7tJ.~.~~ft~&~ f!#ic ~ /,v' ~y /6'7~ - d- ?-X~ .?7U&U~ ~4c/~~ . ~~r~ :;~d ~r-' I . V' ::..---c-:-.':'"''' '~/7 ~. ~~O~~-:~ ~ , May 20, 1988 Gates D. Castle, P.E. Assistant City Engineer City of Delray Beach Delray Beach, FL 33444 Re: Notification Regarding Variance Request Lot 169, Tropic Isle Dear Mr. Castle: In further response to your letter of April 28, 1988, which I received by certified mail on May 14, 1988, reference the above, I wish to clearly state that I object to the proposed variance. The proposed variance would allow the boat to be p1ac.d right in my line of vision from my backyard and the boat would block my view of the canal. Therefore, granting of the proposed variance would result in loss of my enjoyment of my property, as well as loss of marketability of the property. Furthermore, I feel matter and request may attend. there should be a public hearing on this notice of any such public hearing so that I , Thank you for your kind cooperation. Very truly, ~d76~ Anthony B. Coneff ek All tlwll.Y R. COlle ff 910 A11amanda Drive De1ray Beach, Florida 33444 I ~ !1ay 19, 1988 Gates D. Castle, P.8. AsSistallt City Engineer City of De1ray Beach 100 N.W. 1st Avenue De1ray Reach, Fl. 33444 Re: Notification regarding Variance request _ Lot 169, Tropic Isle Dear Hr. Castle,' Ill' response to YOllr letter dated April 28, 1988, which I received by certified mail on May 14th, regarding the variance request to install a do1!lh~l; pile for Lot 169, Tropic Isle, less thall the code requirement of ~5', please be advised that the own~r of said 'Lot 169 is under a permanent injunction from encroachiug over my riparian rights fronting Lots 167 and 168, which is adjacent to the above mentioned Lot 169, said injunction is recorded in Official Record Rook 5611, Page 850, iu the Public Records of Palm Beach COlillty, Florida. III the past, I have met ~dth the owner of Lot 169 and have had llurnerous verbal cornmitm~l'lts from him that he would stop a110win& his boat to be parked within the area of the canal behind my property, but, to this ~ate the owner of Lot 169 has continued parking his boat behind my pronetty in Spite of tne Ibove mentioned injunctioll, because of the above lack of ;,rillingness to abidC;! by his' comr,Jitme,nts, I wish to express to you my objection to the requested variance and feel the only solution is for the owner of Lot 169 to remove his boat and place it in some available storage -1- -'-- "--"- -. lilarillil since.! th" ~lrc!a 1'.(; owns Hd.i,~c(.'l1t: tu his propvrty is t;co slnilll. I for tl1(~ size.!. hoat he' 0\"115. I have il court datc on \~CdllCSrlcl'y. ~Iay 25th, ill which the OWller of Lot l7l) illtellds to jOill llith ITlC ill an atter"Pt to havc the boat removed fro':1 the area behi:ld Lot 169. I Cll1[1reciate your letter nctifyiDi, ~,K! of the variance r.equest ant! will J)e 'l?pry to i;,ive you the CI:tCOi.1C of tl,e above i,lentio:1ed court .illdg~'l1ellt if lleedcc1. Yours Truly, ~.~l~;t AUC:HAG:skm -2- DEPAR""-\I1ENTAL CORRESPONDENCE TO Walter o. Barry, City Manager FROM rlcera1d B. Church, P.E., Acting Director of Public Works/City Engineer [ITY OF DELAAY BEA[H ~~(j SUBJECT DOLPHIN PILE VARIANCE - LOT 427, TROPIC ISLE DATE 7/15/B8 On April 18, 1988, Mrs. Nancy Siegel-Olmstead requested a variance to construct dolphin piles in the waterway at a distance closer to property line than allowed by the City Code of Ordinances. As is the normal procedure, the adjacent prop- erty owners were notified of the variance request. Mr. Rubino, owner of Lot 426, filed a written objection to the request. On June Bth, Engineering wrote Mrs. Siegel-Olmstead recommending against the variance request, explaining the reason- ing behind the recommendation and outlining the procedure for appealing Engineer- ing's recommendation. ~"h /f{rI'-""" ;;'Y/(.. Mrs. Siegel-Olmstead has a 90 foot lot along e Abaco Canal. ~he requests that dolphin piles be located 10 feet and 20 feet ~ her property^rather than the 25 foot setback, as required by Code of Ordinances. In this situation, it is possible to comply with the Code since the lot is wide enough. It is not con- sidered a hardship on the basis that she intends to dock a 60 foot boat. Also when dolphin piles are close to the neighboring lot, they may restrict boat navigability for adjacent property owners. Considering these findings, the Engineering department recommended against a variance. Note that this deter- mination is consistent with other reviews and recommendations for similar con- ditions, though some dolphin piles may exist in violation of present Code re- quirement, either illegally installed without permit or were in place before present Code requirement adopted. Following the procedure, as outlined in Sec. 9-534 of the old Code, Mrs. Siege1- Olmstead submitted a June 13th letter to your office requesting that the matter be submitted to the Commission for action. Copies of the various pertinent correspondence are attached for your reference, including a survey of Mrs. Siege1-01mstead's property showing location of proposed dolphin piles and a sketch of Engineering Department's standards for dock and dolphin piles. The City Attorney concurs with our recommendation. GBC:m1d c: City Attorney CM362 THE EFFORT ALWAYS MATTERS t 7 ;: ~ i ;: f t ~ ~ ! , ; i ; , .. , 1 I l 1 ~I rnR..~,~ ~ ~\~1t-1~ 10-0 IJ. w. I ~ ftu--'C ~iO---- 33 VLf</ 1 w-. trh f3/Wl- r ' . ~ a,CfcndttrU-c. ..kv-c.::/--. ~C'~ 9- s3S12i) k ~Z1"-<-~~ ~ ~ffE<t-l_1~~, d'~~ 7~. ~ ~7I'K-/>e~~, ifI-ev, ~.~ ~ e(e:~.,- wdI t6l-u-67{.. tKJ ?/4!7 .;t41-d-:Jlu~ ~ /b'l. OAt.. hv ~ yot~-1} ~~""r -0 6~--/ ~r 6~t4~ a~d ft-, ~ ~ ~ A~/~ tH 7J:<. . .1~4C </- MJu-..~--b /~, ~ ~---.t1.-i2 /7, ./ ./l . / p'" I..... ~~, 'J-C ~ (1'/ t<)-u.t..,- ltIt-~ ~);(}<?t- .h-'\j /'lU",-j: JI- vk ./)u.-e-~ 6- ~ at ~a-d- 60 /. &/ ~-hk-,. t6 ~~"7\.; 7C ~ ~ ~~- aJ4, i! ~ * ~:I- r Ii;;;- ~~ ~ ae.;;I- tJ1(1~o ~ ~l~- c21ctZ._ i ~ J&ta.Ct<~. ~~ ~'- ~J -!it'\. CL{f~ ~I ~/~thL0 .~e~'Yl 0t;.. ~tUkA1 1 jN. ~1'b 4'1 L lIa-tJ i71h ..<l~ r"'-- v~ . '-- ~ ~_~~ fA ~~~ tA~ ~vr"'t.. v~ a..~~-z~-.~ ~~df-c!i; 4- ~ ~~-e ~ ~ ..P1-rL(' ~vJ ~NI. ~uL-<-'()--.JI1A, It!. ~..c,.'07-'1; -!/,;JS/ L./~1-": 7;ed~c- J;t;: ~~~'~~d~k;F1 /jtJ-' / w .yo1;Z, 1R~t ./vtc_ , ~ ~ ~~ " ~~~v THE OLIllTEADS Ml JASIIUl! .. DEWY lEACH.n IS4U 7.; i~ !~ 11 1:: i > f I ~ , , 4 , 7 ~ $ JUN 3 i933 .,- May 31, 1988 1503 Lake Drive Dekay Beach, FL 33444 Mr. Gates D. Castle, P.E. Assistant City Engineer 100 N.W. 1st Avenue Dekay Beach, Florida 33444 Subject: Variance Request - Lot 427 Tropic Jsl.e Dekay Beach Dear Sir: In answer to your letter dated May 26, 1988 on the above subject, please be advised that we prefer that the city code be conformed to. As we understand, the dolphin pilings must be a minimum of 25' from our property. Sincerely" d~ Vincent Rubino . ~ , ! , ~ t ~ 6 i I J '. . 'flQrn .' . ENGINEERING DEPARTMENT . OELRAY BEACH, FLORID..:.. 3JJJ": . 305278-284 June 8, 1988 Mrs. Nancy Siegel-Olmstead 947 Jasmine Drive Delray Beach, Florida 33483 Subject: Variance Request _ Dolphin Piles Lot 427 - Tropic Isle Dear Mrs. Siegel-Olmstead: The Engineering Department has reviewed your request for the subject variance. Since neither condition for granting a variance is met in this instance (ie, it is feasible to meet code requirements and it wouldn't constitute a hardship to impose the code requirements), Engineering recommends against the variance. In accordance with Section 9-534 (b) (copy attached, you can appeal this decision to the City Commission through the City Manager's office. If there are any questions, please contact this office. Very tr.uly yours, ):J~ ~ c.~ Gates D. Castle, P.E. Assistant City Engineer GDC:ji Attachment cc: City Manager I . .1 ! ~ f ~ I t I BUILDINGS AN,D CONSTRUCTION 5 9-535 Sec. 9.534. Modification of standards for approval; appeals. (a) Upon the recommendation of the city engineer, the city council may authorize a modifi- cation in the standards for approval as set forth in subsections 9-529(b), 9.529(c), 9-530(b), 9-53l(b) and 9-532(b), above, if it is determin.d that the requirements of said sUDsections would not be feasible or would constitute hardship in a particular instance, and provided that such a modification would not endanger public safety and welfare. (b) Should the city engineer recommend against any request for modification of the stand- ards for approval as set forth in subsections 9-529(b), 9-529(c), 9-530(b), 9-531(b) and 9.532(b), above: the applicant shall have the right to appeal such decision of the city engineer to the city council, by filing a written request to the city manager within ten (10) days after such decision of the city engineer. The city council shalI conduct a hearing on such appeal at a regular or special council meeting and shall render a decision within a reasonable time after such hearing. (Ord. No. 13-82, 5 1,2-23-82) ARTICLE XVI. CONTRACTORS AND SPECULATIVE BUILDERS. Sec. 9-535. DefiJiitioDB. As used in this article: Board or board of examiners, shall be construed and defined to mean the board of . examiners of contractors herein provided for. General contractor means any person who is engaged in the business of accepting orders and/or contracts as a general contractor, with a person as an owner, for compensation other than wages, by doing work on or in any building or structure, on any private or public property, on any private or public street or right-of-way, on any private or public waterway requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic pipe, tin, lead or any other bUilding materials; or to do any paving or curbing on sidewalks or streets, or public or private property, using asphalt, brick, stone, cement, wood or any other material, or any combination thereof; or to excavate for foundations, or any other purpose, or to construct bridges, construct seawalls and bulkheads of any and all descriptions, or who is in the business of bUilding, remodeling, repairing, razing and demolishing or moving any building or structure, who may do all the work himself or themselves except as otherwise prescribed by law or who subcontracts with other subcontractors and acts as co-ordinator of any and all work applying to his or their contract. Owner-builder means any person who shall build, alter, add to or repair himself or herself a home, who is the sole owner of the property or land 'OD which the home is constructed, provided said home is used as living quarters by the said owner. Speculative builder means any person who is engaged in the business of building homes for sale to the general public, who is the sole owner of the property or land on 'CroBB reference-Licenses generally, Ch. 15. Supp. No. 11 642.3 r I . ~ { ~ I i < j t I ~ , f 3333 N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS & SURVEYORS " 10CA RATON, fLORIDA SKETCH OF SURVEY LOT 427 TROPIC ISLE 3 rd. SECTION PLAT BOOK DELRAY BEACH, PALM SURVEY FOR: . _'6'~&T r;Jy..,.C AiA-':Jcy CX.h1u-,-c;.-/l,O ELEV SHOWN HEREON ARE BASED ON NGVD MEAN SEA LEVEL DATUM BOUNDARY SURVEY 1{-,. -f),.I.... C" l 10 I J ,Se-r r-c ,to 4'wocl- ~C"-lf..'" I;.:.. ;'>i..: t_~'''~7~ j':J "N F'-/.I.)_~ ;:..."'...:. 'A<... _(0.. <1 -;; '11.="/ -!li: " e:1I!:.~. 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(.~~,', ". ..'/7';'1" I' :r.. ;~5 , " Il' ,F;." /,,;' ~~/., '. 90.170 J I - -- -0.. -- .. - ~ f- , I , o__.~ t -' " .'i-?:.:'.7'_.oO ...-;. ~.;.' , f'Y,f ;O';""7~1O ~~:?SM/;VE. Q..f2...R q '" 7i"~"IW1A"'~1 4"1'1/.. .!f';.ftJ1 l~. Ii """-.0 "'//,,,.., ~)..;.:if:v.<.-r",.';,.:" ",";/ 7-1(.. .1J7<iiiMI, 3Z"7. zz. r.': U V '- Drawn 8y v?-. ll1/.. Checked Iy ~/;'. , Seal. /"~ ZO' St.mwall . 2-1';' 77 , . .-(EnI'SV CERTI"''''I' TP'Wr t'"'l. "SI":Jttr:H OF SUAVF.V'~ 0' U"ot boy. cH.~"'I~d P~e"'Y ,. ,....... Il^dI cO"'''.ct ,. \r. r..Cf,. ar\d wll.r.. r-ec;.",Uy .""1"'.... """~... y:,r.c i ,IO~" to v.. "'I""'..........""" t.e.......t . n...c;t.. \ 0.., ;u~~ 0' I..anct Sc.""",.yO"'_. z. Z /tJ- S'7(" F.I. Z4e Pg. -ZL- Jab'Na. /rYl. ..<;~:::' F.8,~Pg, S3 ~Jllf/77 ( 'oJ <t .~.. \ I 011(."0.3 LAnd S"" tA&Il 01 P le"\d.ll l ~,.,~, '1oI~.)' r"lO' wHet """e4. ""00"'.0 \\o'lU"l ".IUcf ".1. 1141 - -- DEPARTMENTAL CORRESPONDENCE tJTY OF DElARY gE~t:i ~~ <.,~ Director~-~~( <) ro Walter O. Barry - City Manager f=R;JM Lula Butler - Community Improvement Proposed Interlocal Agreement Between the City of '~I '8J~CT .~ - Delray Beach and Palm Beach County for the Development of 33 Single Family Homes 7/18/88 The attached proposed inter10cal agreement is submitted for approval and execution by the City Commission. The document has been reviewed and accepted by the City Attorney's office with one recommendation. I spoke with George Steele, the managing partner of the Palm Beach County Housing Partnership, who stated his office has discussed the possibility of the County waiving road and other impact fees for the proposed project with the appropriate County staff. This request will be handled as a separate item by the County Commission upon a staff recommendation. The County Commission approved the land transfer to the partnership at its 7/12/88 meeting contingent upon the City approval and execution of the Interlocal Agreement. The Partnership chose to have the waiver request handled under separate cover in order to facilitate a more timely closing date on the land transfer. Staff is recommending Commission approval of the Interlocal Agreement. LB:DQ Attachments Disk - Lula A:Agreemnt.SFR I \1 _~IJ:: T:-E ErF':'i~T ALWAYS MATT~R3 ~2. -'-- [, 110 D. F ~r;:~ ;;;:;;rt?:-:n P['":.,~:;-0:1 , "I~ M flJJ~;~tH~~1 I 1 ~_n \.~.:_,.l4..~,d '-, , " ," '/ CITY ATTORNEY'S OFFlC~ 'I ,,, I 1 I ',! I" 'I I I I I I '" I) I I I' " . I ~ I, r I I , I I I I ~ II ) \, t ~ I" ; 1'1 '1' - 'I If I 'i'!II' I'" MEMORANDUM Date: From: July II, 1988 A~ Lula.~utler, Director Community Improvement t' Jeffrey S. Kurtz, Assistant City Attorney Proposed Interlocal Agreement Between the City of Delray Beach and Palm Beach County for the Develop- ment of 33 Sinqle Family Homes To: Subject: I have reviewed the agreement and found it to be legally sufficient and in proper form' for execution by the Commission. The agreement is relatively simple in that it calls for Palm Beach County to provide $l50, 000 to the Palm Beach County Housing partnership and for the City to waive certain develop- ment fees and provide infrastructure for the construction of the housing proj ect on 8.9 acres of county owned land wi thin the City. The only aspect of the agreement which I would recommend to be considered for revision is that the county, in addition to providing $150,000, waive its road impact fees or any other impact fees which may be in place at the time devel- opment takes place. Should you have any questions concerning this matter, please do not hesitate to contact me. JSK:sh cc: Walter o. Barry, City Manager Frank Spence, Development Services Director \R\~<c~~VJ~\Q) J\Jl138a 'NSPNE~6~~~ENT CODE E \ INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS INTERLOCAL AGREEMENT, made and entered into this day of , 1988 by' and between: PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" : and THE CITY OF DELRAY BEACH, a municipality duly or- ganized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY", WHEREAS, the parties hereto have tho common power to per- form Community Development Block Grant (CDBG) activities with- in Palm Beach County, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, that a county must enter into Interlocal Cooperation Agreements with munici- palities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, Palm Beach County desires to join with municipali- ties in order to carry out the planning and professional ser- vices necessary to implement CDBG activities; and WHEREAS, Palm Beach County entered into an Agreement with the Palm Beach County Housing Partnership, Inc, hereinafter referred to as the "PARTNERSHIP", on October 15, 1987 to pro- vide $150,000 of CDBG funds for administrative activities of the PARTNERSHIP for Fiscal Year 1988 (October 1, 1987 through September 30, 1988); and WHEREAS, the Partnership is an organization dedicated to combining public sector resources and private sector ini tia- tive to construct affordable housing for low- and moderate Interlocal Agreement Delray Beach/Palm Beach County Page 2 income residents throughout Palm Beach County; and WHEREAS, a part of the Partnership'~ overall program activ- i ties, the construction of, 33 affordable single-family homes on an 8,9 acre parcel of County owned land bordered on the north by S,W, 2nd Street, on the east by S.W. 8th Avenue, on the south by s. W, 3 rd Street and on the west by S. W. 10th Avenue within the City of Delray Beach is contemplated, herein- after known as the "PROJECT"; and WHEREAS, the City of Delray Beach;' through Resolution Number 8-88, has agreed to construct on-, and off-site infra- structure improvements, including water and sewer hookups and interior streets, and agrees to consider waiving permi t and impact fees in support of this Project; and WHEREAS, it is appropriate for the County to cooperate with the Municipality to facilitate development of the Project through the appropriation of County CDBG administrative funds and the transfer of said 8.9-acre parcel of County owned land, NOW, THEREFORE, the parties hereby agree as follows: l. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may provide CDBG funds to partially subsidize eligi- ble administrative activities by the PARTNERSHIP wi thin the MUNICIPALITY during the period from October I, 1988 through September 30, 1991 (including program income generated from expendi ture of such funds) under Ti tIe I of the Housing and Community Development Act of 1974, as amended, and receive funds under said Act, 2. The MUNICIPALITY and the COUNTY wi 11 take all actions necessary to ensure compliance with the urban county's certifi- cation required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Housing Interlocal Agreement Delray Beach/Palm Beach County Page 3 and Community Development Act of 1974, and other applicable laws, 3 , The COUNTY, through its Division of Housing and Communi ty Development, shall undertake all professional and administrative services necessary for the purposes of appropri- ately administering the granting of CDBG funds to the Partner- ship, including preparation of all applications and other necessary documents required in accordance with Federal, State and County laws and regulations, 4, The COUNTY will carry out essential activities as may be required by the U,S. Department of Housing and Urban Development (BUD), pursuant to Title I of the Act by providing funds to the PARTNERSHIP as budgeted during the period of this Agreement. However, it is understood that the COUNTY's in- volvement in the funding of the PARTNERSHIP and administration thereof is independent of the administration of the Community Development Block Grant entitlement received by the MUNICIPALI- TY, 5, The COUNTY and the MUNICIPALITY may amend this Agree- ment by mutual consent. Such amendments shall be incorporated by written amendment as part of this Aqreement and shall be subject to approval of the Palm Beach County Board of Commis- sioners and the MUNICIPALITY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of Coun- ty Commissioners and signed by both parties. 6. The MUNICIPALITY must inform the COUNTY wi thin ten (10) working days of any income generated by the expendi ture of CDBG funds expended in support of the PROJECT. Any program income generated by CDBG-supported acti vi ties must be repaid to the COUNTY, unless the COUNTY provides wri tten authoriza- tion to the MUNICIPALITY for said program income to be re- tained by the MUNICIPALITY to further the objectives of the Interlocal Agreement Delray Beach/Palm Beach County Page 4 PROJECT and to be used for eligible CDBG expenditures. In this event, program income must be retained, managed and uti- lized in accordance with Office of Management and Budget Circu- lar A-l02, Circular A-110 Attachment D, the Common Rule, and other CDBG regulations as may then apply, The COUNTY shall assume the responsibility for monitoring and reporting to HUD as to the disposition of program income gener- ated by any CDBG-supported activities. Therefore, the MUNICIPALITY shall implement and maintain ade- quate recordkeeping procedures as needed for this purpose in conformance with the above-referenced regulations, and others that may then apply. In the event of close-out or change in status of the MUNICIPALITY with respect to this Agreement, any program income on hand or received subsequent to close-out or change in status must be repaid to the COUNTY, With respect to funds provided by the COUNTY to the PART- NERSHIP, the COUNTY'shall assume the responsibility for moni- toring and reporting to HUD as to the di sposi tion of program income generated by the PROJECT. Therefore, the MUNICIPALITY, through the PARTNERSHIP, shall implement and maintain adequate recordkeeping procedures as needed for this purpose in confor- mance with the above-referenced regulations. The COUNTY will reserve the right to monitor said procedures at its discretion, 7. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and/or change in the use of che PROJECT from that planned by the Partnership and described herein, Notification to the COUNTY shall take place within Interlocal Agreement Delray Beach/Palm Beach County Page 5 ten (10) days of said modification or change, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials, ATTEST: COUNTY PALM BEACH COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS BY BY: Chair Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney MUNICIPALITY ATTEST: BY: Mayor City Clerk City Manager (SEAL) Ref: Agree17 Interlocal Agreement Delray Beach/Palm Beach County Page 6 LEGAL CERTIFICATION BY PALM BEACH COUNTY As legal counsel for Palm Beach County, I hereby state that the terms and provisions of this agreement are fully author- ized under State and local law that the ,agreement provides full legal authority for the County to allow the Palm Beach County Housing Partnership, Inc, to facilitate development of single-family affordable housing within the City of Delray Beach as part of its overall program activities, which are subsidized with the County's Community Development Block Grant funds, Michele R, Franke Assistant County Atto~ney DEPARTMENTAL CORRESPONDENCE CITY DF DElRRYeE~[}t TO Walter O. Barry - City Manager F::l.O\l Lula Butler - Community Improvement " 1''''''':. · , ~,'f ,.... 'c t 1111 Director ~ '-'~ \,~ Request for City Commission Approval "_'SiECT Temporary Tents/Revival Meeting Daughter of Zion 7th Day Adventist Church 7/19/88 The Daughter of Zion Seventh Day Adventist Church is requesting City Commission approval of a permit to erect a temporary tent on their property located across the street from their church addressed as 201 NW 3rd Avenue, Delray Beach. The temporary tent will be used for the purpose of a church revival meeting from July 31, 1988 through September 3, 1988. The same is submitted in accordance with City Code of Ordinance, Chapter 150.100. Applicant has complied to prerequisites to approval by City Commission as listed in Chapter 150.102. Staff recommends approval of th permit as requested by the applicant. Required documentation is attached. LB:DQ Attachments Disk - Lula A:TempTents.CC Tc.c EcFUF'r AL,>;AYS MATTERS ~3 [ITY UF DElnn~ Jl~n(U 111<1111,-; I,'", Il'''lf . . ,I I q.\, 1'1 ,II! I I 1/ II (II I ~ '111 . 1ll"",,/18?Ho11 REQUIREMENTS FOR OBTAINING ! TENT PERMIT Listed below are the requirements involving the use of a tent or any other structure for temporary assembly of persons within the City of Delray Beach: 1. Letter of approval from property owner. 2. Approval of ministerial association for assembly pertaining to religious services. 3. Fire Department Approval: A. The tent or structure shall be approved for fire resistance by the Fire Department. B. Adequate fire protection equipment will be provided on the premises at all times subject to the approval of the Fire Department as to type and capacity. 4. Building Department Approval: A. Permit to erect and dismantel structure. 1. Permit fee of $50.00 2. Submit a plot plan. 3. Deposit of $50.00 which will be returned after final inspection for removal and clean-up operations. B. Permit to connect temporary electric service on the premises. , -" . CAB approval required for temporary sign. *Sign permit 'required. C. 5. Sanitation Department Approval: A. Toilet facilities for both men and women located on the premises, subject to approval from the County Health Department. 6. City Council Approval: A. Approval as to location and purpose of assembly. B. Time limitations. NO OCCUPANCY OF ANY PREMISES FOR TEMPORARY ASSEMBLY WILL BE ALLOWED UNTIL ALL FOREGOING PROVISIONS ARE COMPLIED WITH AND THOSE IGNATURES PR VIDED FOR BELOW ARE ACQUIRED: 4. 5. City Council 11/87 . '\0 . ["$ E"7+/ . ,~ sl ,q .0 ; ~ .... '" .. '" ~ '" '''' "' " ;;:: '. 'Q ,~ '" . ~ .::-:. "' " V ~ " " \ . (J ': " ~ ~ .' \J '" -' ..' '"" ~ \ _I , ~ ... . 0, , ." 'i >.. \ '" .., ~ ~, '. , "' ' ".. ~ ~ ": " ~~ ~ ~~ ~ ~ -b ~ 0, " Io~ T~ ... ~ ~ ... \z ~~ "" ~~ 04: "- I, H Q ~~" ::( -..9 ~ ~12 i ~ .; " ~ "'~~ ", -. ~\ .. <'I~ .:' - ,~S .: "'.' Q~ ... \ ~~ ,I ~H ~~" ~~ ," In ~ ::'i. .~ ~ ~ .",t,' ,.' .0 ~ < ,"<!I:Z l.a(" Ii " ~ hf "B . .~2S ~ , . ~ ~ ,00$ !li.-S. ,~$EI ~ ~ ~ ,~/'Ep/ ;~ .S<:4!:. ~~~ ~~~~ ~q~ ~h~ ~ ~'~' ~~!i '1 ~ ' ~ , ~t ~ ~ ~!l~ '\l ~@ ~" I I I I I I I I I 0/ I ~I I " I I 'I I I ' , I I oS L----_L__~"'[-~I , . ~.~ ! .~ io ~ ''\, ~ '\:, ., . . _~S'~.? ~)'V _~---- ___ ."is>~~ ~_'" I I I I I~ I' I I ":~ DEPARTMENTAL CORRESPONOENCE CITY DF DE1RRY BERC}J Director~~Q TO Walter O. Barry - City Manager FROM Lula Butler - Community Improvement Request for City Commission Approval SUBJECT /R ' 1 M t' Temporary Tents eV1va ee 1ng Bethanie Zion 7th Day Adventist French Church 7/19/88 The Bethanie Zion Seventh Day Adventist Church is requesting City Commission approval of a permit to erect a temporary tent on vacant property located on the corner of SW 6th Ave and SW lOth Street. The temporary tent will be used for the purpose of a church revival meeting from July 31, 1988 through August 27, 1988. The same is submitted in accordance with City Code,of Ordinance, Chapter 150.100. Applicant has complied to prerequisites to approval ,by City Commission as listed in Chapter 150.102. Staff recommends approval of the permit as requested by the applicant. Required documentation is attached. LB:DQ Attachments Disk - Lula A:TempTents.CC .'~6~ T' C Ac,'fAYi MATTE", S'lf- \ [IT' OF DElnny ll~"[" PIIJU'."J 1-'.'" 11..1111 . 'd I .. '. . 1'1 '" I I IlH'''^ '," 1.1 . HI~ 7 In 1~':" 1 REQUIREMENTS FOR OBTAINING ! TENT PERMIT Listed below sre the requirements involving the use of s tent or any other structure for temporary assembly of persons within the City of Delray Beach: 1. Letter of approval from property owner. 2. Approval of ministerial association for assembly pertaining to religious services. 3. Fire Department Approval: A. The tent or structure shall be approved for fire resistance by the Fire Department. B. Adequate fire protection equipment will be provided on the premises at all times subject to the approval of the Fire Department as to type and capacity. 4. Building Department Approval: A. Permit to erect and dismantel structure. 1. Permit fee of $50.00 2. Submit a plot plan. 3. Deposit of $50.00 which will be returned after final inspection for removal and clean-up operations. B. Permit to connect temporary electric service on the premises. C. CAB approval required for temporary sign. *Sign permit required. ,J 5. Sanitation Department Approval: A. Toilet facilities for both men and women located on the premises. subject to approval from the County Health Department. 6. City Council Approval: A. Approval as to location and purpose o~ assembly. / B. Time limitations. NO OCCUPANCY OF ANY PREMISES FOR TEMPORARY ASSEMBLY WILL BE ALLOWED UNTIL ALL FOREGOING PROVISIONS ARE COMPLIED WITH AND THOSE SIGNATURES PROVIDED FOR BELOW ARE ACQUIRED: \ 4. Building Department 5. City Council 11/87 QrrNH S""rAG-E" I1RIA Q ~'>O~ c.el/T&R- ~ p U/IMG 0 ?O~ e~o'~(') jlotA \ ~ ~O ~ 3 \oof;; ~ 'v J V) ~ "' -.. ~ 't 't -( 0 CJ ~ 0 Fb.E OP/:.IJ Au.. SIDE-So J-jO/ IRe .".u:O t'.'ltTJH6U- 60/ ( lE-NT SE.i=VP _ "fo(M.", ')00 ~ DAUGHTBR OF ZION SEVENTH-DAY ADVENTIST CHURCH 201 Northwest Third Avenue Delray Beach, Florida 33444 (407) 272-8698 Elder Amos Bossous Bethanie SDA French Church 541 N,W. 10th Avenue Boynton Beach, Florida 33435 Dear Elder Bossous: We've considered your request to use our property which is located on S,W, 10th Street for your forthcoming Evangelistic Meeting, and we want you to know that you may indeed use the property for the extent of your Revival, We understand how important such an undertaking as this one will be, If there is anything else that we can do to help you. please feel free to contact us. ~~ j ~outheaj.u.7.12 C012feu12ae of ~1!.1J'U1.th-da.!:J d/-dlJ'U1.tu.t~ June 23, 1988 TO WHOM IT MAY CONCERN: This letter is to serve notice that Pierre Aaos Bossous has been authorized by the Southeastern Conference Ministerial Association to conduct a tent meeting on the corner of 6th Avenue SW and 10th Street from July~o August 27, 1988. 3/ The property on which the tent will be located is owned by the Southeastern Conference Association of SDA, If we may be of any further assistance, we shall be happy to do so. Respectfully on, Director ern Conference Ministerial Association j 180 Westmonte Drive, 1'0, Box 340 (32715,0340) . Altamonle Springs, Rorida 32714 . (305) 869-5264 ,j TO FROM SUBJECT_ CM 362 DEP ARTf\ ..=NT AL CORRESPONDENCE [ITY OF 11t~ <~~ DElRAY BEA[H~ ~(i Walter Barry City Manager Joe Weldon Director of Parks and Recreation Children Services Grant , 7/14/88 . DATE Attached please find the revised agreement for acceptance of a $ll2, 362.00 grant from the Children Services Council for the expansion of our afterschool program at the Community Center, Carver School, and Pompey Park. Susan RUby, City Attorney, made the changes in agreement with Tom Sheehan, attorney for the Children Services Council, in paragraphs 5, 7, 8B, and 17. Addi tionally, the opening paragraph and executi:on pages were changed to reflect the City of Delray as the legal entity. The Children Services Council approved and signed the agreement at their meeting on July 13, 1988. The grant will reimburse the Parks and Recreation Department $l12,362 for the afterschool program for children aged 6-15 and will provide structured and supervised recreation activities, provide adult supervision for a large number of "latch-key" children, and provide an environment for long term development of social and interpersonal skills. I'm requesting this be placed on the City Commission agenda on July 26 for approval. Parks and Recreation JW:cc cc: Joe Dragon, Assistant Director of Parks and Recreation Susan Ruby, Assistant City Attorney C~ THE EFFORT ALWAYS MATTERS . AGREEMENT THIS AGREEMENT, entered into this lst day of July 1988, by and between the Children's Services, Council of Palm Beach County, a pOlitical subdivision of the State of Florida, (hereinafter referred to as "Council") and the City of Delray Beach (hereinafter referred to as "Provider"), for the period from 01/01/88 to 09/30/89. WIT N E SSE T H: In consideration of the mutual agreements hereafter contained, the parties, intending to be legally bound, hereby agree as follows: 1. The Council agrees to reimburse to the Provider sums up to $112,362 for provision of services described in RFP # 059, attached hereto and made a part hereof as Exhibit A and in the Provider's proposal dated June 27, 1988, attached hereto and made a part hereof as Exhibit B. ~t is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in Exhibits A and B and in the Special Conditions attached hereto and made a part hereof as Exhibit C, as well as with the terms and conditions of this document. 2. The Provider agrees to comply with all applicable federal, state and local laws. 3. The Provider agrees to comply with the fOllowing requirements: a. To maintain books, records and documents in accordance wi th normally accepted accounting procedures and practices, which SUfficiently and properly reflect all expenditures of funds provided by the Council under the Agreement. b. To assure that these records shall be available, upon reasonable notice, to inspection, review or audit by the Council and personnel duly authorized by the Council to make such inspection, review, or audit. c. To maintain and file with the progress, fiscal, inventory, and other Council may require during the terms of Council such reports as the the Agreement. d. To include these aformentioned record-keeping requirements in all subcontracts and assignments. audi t and approved 1988-l989 Children's Services Council/Provider Agreement Page 2 4. a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this Agreement, or if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. b. Persons duly authorized by the Council shall have full access to and the right to examine any of said materials during said period. 5. To the extent provided by law, the Provider agrees to indemnify and hold harmless the Council from liability on actions, causes of actions, claims, suits, judgements and damages accruing, including court costs and attorney's fees, as a result of services performed or not performed, or any negligent act by the Provider or funding granted or not granted by the Councilor any action arising out of the operation of this agreement. 6. This contract may not be assigned or subcontracted to any other party by the Provider without the prior written approval of the Council. 7. , The Children Services Council aCknowledges that the Provider is self-insured and accepts the levels of self insurance provided by the Provider. 8. The Provider shall not use or disclose any information concerning a client under the Agreement for any purpose not in conformity with federal and state laws and regulations except on wri tten consent of the client, or his responsible parent or guardian when authorized by law. a. The Provider agrees to establish and maintain procedures and controls acceptable to the Council for safeguarding records, so that no information contained in the Provider's records or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by the Provider, its agents, officers or employees except as provided by law. Agreet.doc June 7, 1988 4:00 pm 1988-1989 Children's Services Council/Provider Agreement Page 3 b. It shall be the responsibility of the Provider to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving the services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client, to the extent provided by law. 9. The Provider shall submit to the Council management and program data, including client identifiable data as deemed essential by t~e Council. lO. The Provider shall furnish the Council with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the Council may require. Said reports shall be made as requested from the effective date of this Agreement and in a format provided by the Council. ll. The Provider is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venturer with the Council. The Provider shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. The Provider shall, with respect to said employees, by responsible for withholding federal income taxes, paying federal and social security taxes, maintaining unemployment compensation coverage in amounts required by applicable federal and state laws. 12. provided reserves services. The on a the services provided by the Provider hereunder are non-exclusive basis, and the Council specifically right to subcontract with others for similar l3. Payment for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month fOllowing the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever form reasoni;lbly required by Council. Subject to the availability of funds, the Council will provide to the Provider within 45 days after receipt of the invoice. Agreet.doc June 7, 1988 4:00 pm 1988-19~ Children's Serv~ces CounC~l/Provider Agreement Page 4 14. The Provider agrees to return to the COuncil any overpaYments made through inadvertence or miscalcUlation or because payment is disallowed as not having been prOperly earned under this Agreement. Such funds shall be refunded in full by Provider to the Council as follows: a. Within twenty (20) days from the date of written notification by the Council to the Provider of overpayment or disallowance: or b. within thirty (30) days following the end of this Agreement: c. the Council shall have the right to deduct from any subsequent payment request submitted by the Provider. the amount of any overpayments or disallowed funds. 15. The Council may, for reasonable cause, suspend the payment of funds pending corrective action by the Provider or pending a decision by the Council to terminate this Agreement. The Council may, for reasonable cause, prohibit the Provider from incurring additional Obligation of any funds received from the Council, pending corrective action by the Provider or a decision to terminate this Agreement. Said suspension of payment of funds or Obligation thereof may apPly to all or part of the Provider's operations. Before SUspending payment of funds to a Provider or preVenting a Provider from incurring additional Obligation of funds received, the Council shall notify the Provider. in writing, of the action to be taken, the reasons for it, and the conditions, if any, under which the suspension will be lifted. Within five (5) days or receipt of the notice of suspension, the Provider may request a hearing before the Council. Suspension shall be effective five (5) days after receipt by the provider, unless the Council has determined that immediate suspension is necessary and so informs the Provider. If a hearing is timely reqUested by the Provider. the suspension will not be effective until a date determined by the Council fOlloWing the hearing. The hearing will be held within a reasonable time after request therefore to consider any matters relevant to the suspension and will determine, in light of matters presented if the suspension and any conditions imposed on reinstatement are warranted. The decision of the Council shall be final. Agreet.doc Jun 7, 1988 4:00 pm . 1988-1989 Children's Services Council/Provider Agreement Page 5 16. In the event funds to finance this Agreement become unavailable to the Council, the Council may terminate this Agreement upon no less than five (5) days written notice to the Provider. The Council shall be the final authority as to the availability of funds. 17. The Council may terminate this Agreement for any breach by the Provider. If Council intends to terminate this Agreement, notice shall be provided in writing to the Provider no less than twenty-four (24) hours prior to the effective date of the termination. The Council's failure to terminate or suspend a Provider for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. The Provider may terminate this contract with or without cause provided that Provider shall give sixty (60) days notice in writing to Council. The Council shall reimburse the Provider for all monies expended up to and including the effective date of the termination. l8. Notices: all notices required hereunder shall be in writing and shall be addressed to the following representatives of the parties: For the Council: Barbara A. Kauffman Executive Director Children's Services Council of Palm Beach County Suite 243 311l S. Dixie Highway West Palm Beach, FL 33405 For the Provider: Joe H. Weldon Director Delray Beach Parks and Recreation Department 50 N.W. lst Avenue Delray Beach, FL 33444 Telephone: (407) 243-7250 19. This Agreement, which includes the attached Exhibits A, B, and C, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. This Agreement shall not be modified unless in writing and signed by both parties hereto. 1988-1989 Children's Services Council/Provider Agreement Page 6 In Witness Thereof, the parties have caused this Agreement to be executed by their undersigned duly authorized officers. PROVIDER ~ITY OF DELRAY BEACH CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY 7; . Chairman. CSC ~ /' 4 " -{,U ?;)J~ : - , ti. {ic I:" _:- /,,,! Elaine Webb Alvarez. Vice Chairma~ CSC Date: Date: ,//Ii:~:;1 -; ~ ,/////11""'" ...">\'\ I' 9'0~ I] III, ...,Q-~:v \ ~ 0 _I ,~ '-- OLlG~ to .i) r:-"; " . ......' Delray BE:ach Ponce Depart 300 We.t Atlantic Avenue · Delray Beach, Florida 33C44. (305) 243-7888 e~ CHARLES KILGORE Ch,., 0/ l'o'ICe MEMORANDUM TOI Robert A. Barcinskl Asslstant Clty Manater/Manatement Servic s Group Richard M. Lincoln. Major Acting Chief of Pollce June 29. 1988 FROMI DATE I SUBJECT I L&W E~EOBCE~E~I &CCBEDII&IIC~ - Pursuant to your request of June 28. 1988. the \ Ci tv Council appro~riatad $10.000.00 in FV 85/86 on advice from the City Attorney/City Manager from the Lau Enforcement Tr~st Fund for accreditation. On September 12. 1986. a check for \$3.650.00 uas sent to the Commission (one half of the accreditation fee) prior to a scheduled October 1st increase in fees. The Police Department has been uorking on the accreditation process since 1985 uhen former Captain Lorenzo Brooks began the process. Upon his retirement. Captain Allen Cole succeeded him and continued the process. It uas not until September of 1987 that Chief Kilgore delegated Captain Frank Henriques to the accreditation process full tim4~ Many sundry items have been purchased and paid for uith our oP.ratinq budget. Houever. this request for $18.000.00 uill allou us to recover funds from the Trust Fund touards this process. One additional appropriation uill be required after October 1st during FY 88/89 and at this point. ue can only estimate that it uould be in the neighborhood of $5.000 to $6.000. That would include the other half of the accreditation fee and any other as~ociated expenses incurred for a public hearing and the aSSessment team to visit our facility for one ueek in earv 1989. If' ue can furnish additional information. please do not hesitate to call upon us. III( Respect fu 11 y submi t t ed. ::>~i81' ~ - /J ~"-"'.j~"I!JI8!.;..~~ __?!.~:..~!;~~~__________ " ."",,,,;~~~~.,OI ,..~. RICHARD M. LINCOLN. MAJOR ~~~ Actin~ Chief of Police ' t~~ cc: Chief Killlore (JCb"CJo(..,I/~ Major Cochrane ~ Captain Henriques 0' .rAt .. ~" PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER :.: J';{, :';;', ~, . # . 7"... '" /'1r" "~.~' /1, i' ~,. ...., \'\ \ I~\>-'l (J~\ S' y '" 0 D I - '/j {- . OUe .>i '--"'.;'1, ~../ .. f I ~ Delray Beach Ponee Department 300 Welt AtlantIc Avenue . DelrayBeach, Flortda 33444.3866 (305) 2G7888 e~ ,~ .' . CHARLES KilGORE ChIe, 0' (folIC. MEMORANDUM TOI FROM I Waltar O. Barry. City Manager Richard M. Lincoln. MaJor Acting Chief of Police June 27. 1988 DATE I SUBJECT I ~6W E~EQBtE~E~I 6ttBEDII6IIQ~ The P'olica Departmant is nay completing the second of three phases toyards ,becoming accreditad by the Commission on Accreditation for Lay Enforcement Agencies. A great percentage of the mandatory standards have been developed. 'uritten and published throughout the Department: hoyever. several months yill be needed to co~plete the task. We respectfully request 518.000.00 be appropriated from the Lau Enforcement Trust Fund to cover costs of office supplies. printing and part-time secretarial assistance (detail sheet attached). Sometime after October. 1988. ueuill seek an appropriation to finalize the accreditation process and have the on-site assessment. ~~ Your consideration in brining this before the City Commission i s appr~c iated. Respectfully submitted. -tr:~:~~~!t,(~____________ RICHARD:M. LINCOLN. MAJOR Acting Chief of Police gb Attachment CCI Chief Kilgore Major Cochrane Captain Henriques PARTNERS WITf! CITIZENS IN BRINGING THE COMMUNITY TOGETHER ATTACHMENT Office Supplie" S inch binders ,front insert ,'oS-hole white paper a-hole color paper 3-hole tab separators _ lettering printer ribbons file cabintes (3)' - Printingl 'P.rt~tl.e SecretarYl <1.040 1/2 hours X $8.00) . - $3.250 310 1.470 1.056 280 75 230 $ 505 TOTAL: i\ $ 7.176.00 $ 2.500.00 $ 8.324.00 $18.000.00 - C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~TER O. BARRY, CITY MANAGER ~~LJ.~ ~O~~~~ iD~~OR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEM ** CONSENT AGENDA ** CONSIDERATION OF A CONDITIONAL USE REQUEST AND ATTENDANT SITE AND DEVELOPMENT PLAN FOR A PROPOSED AUTOMOBILE DEALERSHIP FACILITY LOCATED ON THE EAST SIDE OF GERMANTOWN ROAD (WALLACE). ACTION REQUESTED OF THE COMMISSION: Approval of a conditional use (automobile dealership) and its attendant site and development plan on ll.28 acres located on the eastside of Germantown Road, north of the Wallace Nissan Dealership. The only SUbsequent action with be the ministerial act of final plat approval. BACKGROUND: This development proposal involves approximately 10 acres of land annexed in 1987 as the Wier (PCC) Annexation and approximately 1.3 acres annexed as R-lA pursuant to the Enclave Act. Subsequently the property has been rezoned to S. C. (Ordinance 74-88). The site and development plan proposes two phases of development. The first involves the western portion of the site and requires improvement of Germantown Road through the construction of an additional travel lane. The attached Planning and Zoning Board staff report provides a full background and analysis of the project. There was Planning request. no public comment at the public hearing held before the and Zoning Board relative to the conditional use s~ . To: Walter O. ~arry, City Manager Re: Consideration Of A Condi';ional Use Request And Attendant Site And Development Plan For A Proposed Automobile Dealership Facility Location On The East Side Of Germantown Road (Wallace) Page 2 Planning and Zoninq Board Recommendation: At its meeting of JUly l8th, the Board forwarded the conditional use request and attendant site plan with a recommendation of approval sUbject to conditions. Those conditions are listed on pages 9 and 10 of the attached staff report. Modifications to the conditions were made as follows: Re #3: that an off-loading and storage area be provided concurrent with Phase I development. Re #4: that perimeter landscaping along the north boundary be provided for that length of the boundary which is contiguous with any Phase I development. Re #6d: replace the phrase "an improvement" with "a landscaping". Add a condition #8 that "The site and development approval shall be valid for a period of three years in which time compliance with the requirements for vesting the project must be met." CAB approval has been obtained. RECOMMENDED ACTION: By motion, approve the conditional use request and attendant plan for the Wallace Automobile Dealership located on the side of Germantown Road pursuant to the findings made conditions imposed by the Planning and Zoning Board. site east and Attachment: P & Z Staff Report of July 18, 1988, Item IV.B REF/DJK#23/CCWALLAC.TXT . PLANNING 8. ZONING CITY OF OELRAY f30ARO BEACH STAFF REPORT --- MEET ING DnE: JULY 18. 1988 AGem ITEM: :tt:, ~ COHSIDERAnON FOR SITE AND DEVELOPMEllT PLAN APPROVAL FOR THE WALLACE ADTOMOBILE ITEM: DEALERSHIP ON THE NORTHWEST CORNER OF GERMANTOWN RD. AND QUEENS AVE. . ... @: . - ~ 0- :"<' GENERAL DATA: , atDer.. ........................ . Wallace PaN IDe. _~..o... ...........,...... ...lIark liar... D19bF 8r~, _ . All..,.,. r.oc.t1Cl1l.............."........IfoRlleu~ _ of_town ___A_ IToporty .1............,.....'..11.2. Ac... 1411,]57 84. f~.l euJ' LoDlI U.. .1.................l'CC I.~ - _ euter) e1t)' ZODlag.....................se ('poc1ol1ao4 oo.oorc1011 Adj_t 1ClIllD9.................lfortb of oubj_ _rtJ' 1. &0_ ~ (~ It)' r..,1UU.., Ioutll 1. _81:. ...~ of aubjeoe ....w.,..RJ' 1a loned City "'-15 Jaalt1p]a r..usr ...1datlol). _ 10 .- l~." 1tK1.t1zl9 LoDlI U................. v......~ lad, _ for tbo rrr. ~l. .wr~ &I'M. .. . .ed LoDlI V.................SXpoAo1OD of AutooDb11. Deal.raMp Vatoer Servlee.................. .ax1at.1a9 10. vater MiD located OD tbe .ut aleSe of GeZIMDtawIl Rood. &ew.r ..rvlc....................Ix1.tlag 11ft .tAtloa at tbe ~daw.t COrDer of Genaaat.OWII. lid. _ lC11frod .~. ..""lee require. exteaaloa. of .. PYC frea .u.t1zl9 ....-bo1. .t tbo ....._.~ COrDer of lC11frod .~. _ GeDl&lltOWD. lid. ITEM:.E~ 'B ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a conditional use request and attendant site plan for the Bill Wallace Automobile dealership. The project is to be located just north of the existing Bill Wallace Nissan Dealership at the northeast corner of Linton Boulevard and Germantown Road. BACKGROUND: The total site consists of 11.28 acres of which a 9.9 acre parcel was annexed to the City in March of 1987, and given a zoning of PCC. The remainder, a 1.30 acre parcel, has been annexed under the provisions of the "Enclave Act". The annexation of the 1.30 acre parcel with initial zoning of R1-A, was completed on June 28, 1988. The annexation of the 9.9 acre parcel was made with the proviso that appropriate dedications' ~ made along S.W. lOth Street and Germantown Road. Following annexation ther~ was no further action on the intended PCC ~evelopment an the property was sold. Around this same period of time, approval was granted for an automobile dealership to the south. During review of that site plan, an area larger than what was finally approved (legal problems kept the entire area from being available for development) was reviewed. The new dealership, while meeting code, did have a practical problem in providing sufficient employee parking. In an attempt to accommodate additional employee parking the applicant requested the granting of special permission (Administrative Relief) to use a portion (8.5 acres) of the PCC parcel for off-site employee parking. Administrative Relief approval was granted, sUbject to various conditions including that a site plan reflecting the improvements necessary for developing the parking area be approved by the Planning and Zoning Board. On December 2l, 1987 the Planning and Zoning Board discussed a request for site plan approval associated with the request for Administrative Relief for an employee parking lot on the 8.5 acres of the 9.9 acre PCC parcel. A recommendation of approval was given, subject to conditions which included the processing of a subdivision plat for the entire 9.9 acre parcel previously approved as a PCC, all to occur prior to April I, 1988. A plat was not submitted and thus, the action of site plan approval has become void. At the Planning and Zoning Board's meeting of June 20, 1988, a rezoning request from PCC and R1A to SC, along with a conditional Use, request was heard. A recommendation of To: Plan..._'1g and Zoning Board Re: Staff Report - Wallace Automobile Dealership Site and Development Plan Page 2 approval was forwarded to the City Commission on the rezoning while the condi~ional use was continued to the July l8th meeting pending submittal of, a traffic study. The traffic study has been received and reviewed, and the site plan and conditional use request is now before the Board. PROJECT ANALYSIS: The site plan and attendant conditional use request accommodate an ultimate 95,506 square feet of building devoted to automobile dealership use. Development is to occur in two phases. The first phase would encompass the frontage along Germantown Road and provide showroom, office, and service facilities (58,906 Sq. Ft.). The second phase is geared toward enhanced repair and service facilities and will contain 36,600 square feet. In conversation with the dealership owner, the Phase I facilities may either accommodate an expansion of the existing dealersliPs (Nissan, Ford) to the immediate south or they may involv relocation of another dealership (from elsewhere in the Cit ). Firm business decisions as to the course to be taken or its timing will not be made until the rezoning, conditional use, site planning and platting processes are completed. There is no timetable for development. The site plan, which is accompanying the conditional use request, shows the dedications which were desired by the Planning and Zoning Board at the time of action on the annexation petition. One half right-of-way (25') for S.W. 10th Avenue is provided along the east boundary of the parcel along with 10 feet for Germantown Road. These rights-of-way will be conveyed through a plat. SITE PLAN ANALYSIS: The site plan has been reviewed using criteria outlined in Section 30-22(D) "Standards for Evaluatinq Site and Development Plan Applications". Following is the result of that review. Standard #l (sufficiency of materials). This standard has been met with an acceptable submittal. A resubmitted traffic study has been received, and reviewed. Standard #2 (impact of the proposed use). The proposal redevelopment of concentration of will probably help the area. In addition, automobile use which, in promote further it will provide a turn, may generate To: P lam.,.lg and Zoning Board Re: Staff RepJrt - Wallace Automobile Dealership Site and Development Plan Page 3 a basis for repair and automobile related uses in the Industrial area west of Germantown Road. Standard #3 (ingress and egress) and Standard #4 (off street parking and loading). The applicant has proposed site from Germantown road. be 30 feet in width, must feet. three points of access to The northern entry, proposed be reduced to a maximum of the to 24 The most southerly entry has been realigned (from the initial submission) to eliminate any offset i~ the entry directly across Germantown Road. The modification to the driveway was a recommendation of the traffic report provided by Daniel Murray. No access is indicated or proposed to s.w. 10th Avenue. Pursuant to Section 30-19 (B), Phase 1 will require 1 loading areas while Phase 2 will require an additional two A requirement of six loading areas appears to be excessive and staff would support a ~\~~, to reduce the requirement on this project. A large loading area is proposed with the development of phase 2, yet no off loading provisions are proposed with Phase 1 development. 'In,:;, off loading area s~ be provided for Phase I. The applicant has indicated a parts loading area accessed from the south from unimproved Queens Avenue. The applicant has indicated an intention to abandon Queens Avenue and incorporate the right-of-way within traffic circulation patterns of the dealerships to the north and south. If development of Phase I occurs prior to the finalization of the abandonment, alternative off-loading areas must be provided to assure off-loading does not occur from a right-of-way. Standard #5 (screens and buffers). The site plan shows a 20 foot landscape strip along the German~own Road frontage. A twenty foot landscape buffer and 6 foot C.B.S. wall is proposed along the east property line adjacent to the proposed right-of-way of S.W. 10th Avenue. The required 5 foot (minimum) perimeter landscape strip is provided a\~ the north and south borders of the site. In addition to proposed installation of perimeter landscaping along Germantown Road in Phase I, the applicant should install the north perimeter landscaping which abuts the existing H.R.S. building. Perimeter landscape treatments are further discussed under the "Other Code Items" section of the staff report. . To: Planl g and Zoning Board Re: Staff Report - Wallace Automobile Dealership Site and Development Plan Page 4 Standard *6 (drainage). There are no known drainage problems in the area. Drainage is accommodated through normal engineering techniques, thru installation of exfiltration and storm sewer systems. Standard *7 (sanitary sewers) and Standard *8 (utilities). The area currently has access to City water via a ten inch (lO") water main which runs along the eastern edge of Germantown Road. Sewer will be tied in via a proposed 8" line to an existing lift station at the northeast corner of the Bill Wallace Ford dealership across the street from the proposal. ,Neither facility has capacity problems. Standard *9 (recreation and open space). These criteria do not apply to this commercial use petition. Standard *10 (site development) deals with overall impact ot site development. t the CONDITIONAL USE ANALYSIS: The project was also reviewed under criteria in Section 30-2l(D) "Standards for Evaluatinq Conditional Uses." Standard *1 (ingress and egress). This standard is addressed under site development Standard *3. Standard *2 (parking and loading areas). Parking and loading areas are development Standard *4. addressed under site Standard *3 (refuse and service areas). The applicant has proposed two enclosed dumpster areas two dumpsters each - one set with the development of I and the other with development of the balance of the with Phase site. Standard *4 (utilities). These standards are discussed under Site Plan Standards numbers *7 and *8. Standard *5 (screens and buffers). Proposed landscaping buffers are discussed under Site Plan To: Pla~ ~g and Zoning Board Re: Staff Report - Wallace Automobile Dealership Site and Development Plan Page 5 Standards number #5. In addition, S.W. 10th Avenue will create a boundary between residential use east of it and commercial uses to the west. Because of this "natural boundary" and the distance between this development and residential developed proposed to the east, additional buffering is then afforded these adjacent properties. Standard #6 (signs and lighting). The applicant is advised signage is approved by separate application thru the Building Department. Lighting is proposed, and a note has been included on the site plan that all lighting is to be confined on site. Standard #7 (setbacks and open space). All minimum setbacks pursuant to Section 30-l2 (N) (4) (b) have been met. Open space criteria does not apply as this is a commercial development. Standard #8 (compatibility) and Standard #9 (height). i S.W. 10th Avenue will create a boundary between residentia use east of it and commercial uses to the west. Al commercial uses, including the proposal, will be restricted to taking primary access off Germantown Road. Because of this "natural boundary" and the distance between this development and residential developed proposed to the east, there should not be an adverse impact on adjacent properties. Regarding the few residential dwellings which do exist in the immediate area (west of S.W. 10th Avenue), they are destined for destruction as commercial uses evolve. In general, development of the property will enhance living conditions in the area by replacing vacant land with development which will enhance the area and which will provide activity which may discourage current illicit activities which are known to occur there. Standard #10 (economic effects on adjacent properties). The change will have little effect on adjacent property value. The immediate area to the northeast is transitional and is slated for future commercial and industrial development. The use to the immediate east of this proposed development is proposed multi-family, which will act as a buffer between the commercial use and the single family subdivision to the east. Other Code Items: The proposed site plan shows a 25 foot dedication along the eastern property boundary which is partial right-of-way for 1 To: Plann. J and Zoning Board Re: Staff Report - Wallace Automobile Dealership Site and Development Plan Page 6 S.W. lOth Avenue. This dedication would combine with dedications from the Haggerty residential proposal ,to provide a future street connection between Linton and S.W. lOth Street. The site plan shows no access between the dealership and the S.W. 10th Avenue right-of-way. A twenty foot landscape buffer consisting of berming, in conjunction with a six foot C.B.S. wall is proposed on the Wallace site abutting the 10th Avenue right-of-way. It is to be installed with Phase II work. Pursuant to Section 159.29 (B), adjacent property owners are required to provide and maintain sod and irrigation to the edge of pavement within adjacent rights-of-way. This proposal is unique in that no pavement exists within this future right-of-way. This creates a situation of unclear responsibility for care and maintenance of ,the right-of-way area until such time as a street is constructed within it. Upon development of Phase II, the applicant should be responsible, pursuant to current code requirements, to\ provide sod, irrigation and maintenance for the 25 foot right-of-way until such time as a road is constructed. The site is proposed to be in two phases. The site plan relating to proposed employee parking which was before the planning and Zoning Board at its December 21, 1987, meeting addressed perimeter landscaping in conjunction with phasing, and the following was outlined: A. North Boundary: Since the property to the developed (HRS facility), it seems appropriate to required perimeter landscaping installed along first phase of development. north have with is the the B. East Boundary: As Phase I does not incorporate any frontage along S.W. lOth Avenue, it does not seem appropriate to require installation of landscaping in the dedication area since the site has no access and it would fall into disrepair. This perimeter landscaping should be provided concurrent with development of the balance of the site. c. South Boundary: The perimeter landscaping should be provided along the southern border of the property with exception of the extreme eastern portion which should be provided with Phase II. Also, along the southern border driveway connections are shown. Unless they are to be used to connect to an approved parking lot or traffic circulation system, the connecting driveways should not be installed at this time, and the area should be landscaped. The applicant has indicated an intention to abandon Queens Avenue and incorporate the right-of-way within traffic circulation patterns of the dealerships to the north and south. A semi . To: Plam.~ng and Zoning Board Re: Staff Report - wallace Automobile Dealership site and Development Plan Page 7 truck loading area is shown along the south border taking access from the unimproved Queens Avenue right-of-way. If development of Phase I occurs prior to the finalization of the abandonment, alternative off-loading areas must be provided to assure off-loading does not occur from a . right-of-way. Also, in the event an abandonment is not granted, the proposed loading area would be in violation of code. D. West Boundary: Germantown Road, is landscaping will be The entire included in installed. west boundary, adjacent to Phase One and all associated E. Interior Boundary: Applicant should of five feet perimeter buffering between II. If the entire site is to be cleared Phase I, hydro mulch must be applied prevent erosion/blowing, etc. F. Improvements to Germantown Road: Traffic report prepared by Daniel Murray recommends the followin improvements be provided to assure safe and efficien vehicular access: provide a minimum Phase I and Phase ,at development of to Phase II to l. That a center lane for left turning traffic be built on Germantown Road along the property frontage. The three lane section must be added to the site plan and construction drawings, including proposed striping, submitted4a and approved by the County Engineering Department with copies provided to the City Engineering Department. 2. To adequately movements, it driveways, thus control the southerly is important to align eliminating any offset. driveway adjacent This item was incorporated in the last resubmittal. G, ,Abandonment of Queens Avenue: The site plan shows future proposals for parking and cross access to the existing Nissan Dealership within the Queens Avenue right-of-way. The issue of abandonment Of Queens Avenue is not before the Board at this time as there is property to the east which is accessed via Queens Avenue at present. The applicant is advised abandonment of Queens Avenue will be required prior to any approval of a site plan that utilizes it. l To: Planr g and Zoning Board Re: Staff ~eport - Wallace Automobile ~ealership site and Development Plan Page 8 plattinq: Platting is required. Appropriate right-of-way dedications for Germantown Road (10 feet) and S.W. 10th Avenue (25 feet) are to be provided through the plat. Landscaping: The C.A.B. reviewed the project on May 25, 1988 and approved the Landscape Plan and elevations. Outstanding Comments: The applicant has addressed most of the initial staff concerns with a resubmittal, yet the following items remain to be addressed: 1. Elimination of: three parking spaces adjacent to the south entry; three spaces adjacent the center entry; and two spaces adjacent to the north entry __ all pursuant to Section 173.772 (2) (b), as they back out into through drives. 3. A five foot sidewalk is to be provided along total frontage of the property. The sidewalk is to be located adjacent to the ultimate right-of-way line. t:l 2. Northwest driveway must be reduced to a maximum 24 feet. 4. An additional fire hydrant is required at south side of the south building in order to the maximum spacing of 300 feet pursuant to Code Section 1l-6. the meet Delray 5. On-site signing should be provided for the on site truck route (i.e. to and from the parts receiving dock) . ASSESSMENT: A determination of the appropriateness of the conditional use was addressed at the June l8, 1988, planning and Zoning Board hearing. It was the consensus of the Board that the conditional use is appropriate in the proposed location. The site plan deficiencies are minor except for the one concerning the loading area which requires maneuvering in a public right-of-way. The agent should address ways of handling that situation at the meeting. ALTERNATIVE ACTIONS: 1. Continue with direction. l To: Planning and Zoning Board Re: Staff Report - Wallace Automobile Dealership Site and Development Plan Page 9 2. Recommend approval of the conditional use request and the attendent site plan subject to conditions 3. Recommend denial for a failure of the project adequate mitigation measures. (This action is only if there is refusal to accommodate conditions which are recommended). to provide appropriate significant RECOMMENDED ACTION: By motion, based upon findings of compliance with Sections 30-21 (D) "Standards for Evaluating Conditional Uses" and 30-22-(D) "Standards for Evaluating Si te and Development Plan Applications", recommend approval of the conditional use of an automotive dealership to be established pursuant to the site plan preapred and hereby approved for 11.3 acres of land located east\ of Germantown Road, north of Queens, sUbject to the following conditions: ' 1. that either a variance is granted from the Board of Adjustment for a reduction in the required number of loading areas or additional areas accommodated through revision to the site plan. 2. if Phase I construction preceeds abandonment of Queens Avenue, or if a petition for abandonment of Queens Avenue is not granted, that the "parts receiving" loading dock and its access be redesigned (as a non-impacting site plan modification) so that Queens Avenue is not used for maneuvering purposes and otherwise complying with dimensional requirements for loading areas. 3. that the off-loading and storage area on the north end of the overall site be included in Phase I development. 4. that the perimeter landscaping required along the north boundary be provided for that length of the boundary associated with the off-loading area. 5. II which development is be cleared sodded in and that any part of Phase conjunction with initial irrigated. 6. platting shall be completed prior to applying for a building permit the preliminary plat submission shall accommodate and/or address, as appropriate, the fOllowing (in addition to normal platting matters): a) dedication of ten feet along the Germantown frontage for right-of-way purposes; . To: Re: Planning and Zoning Board ~ff Report - Wallace Automobilr ".te and Development Plan Page 10 alership b) installation of a sidewalk, five feet in width, along the entire length of the Germantown Road frontage; c) d) e) dedication boundary purposes; of twenty-five feet along the eastern for S.W. lOth Avenue right-of-way an improvement program for right-of-way which shall limited to: the s.w. include, 10th Avenue but not be deferral of ultimate buffering until installation of S.W. 10th Avenue, or until called for by the City; however, some aspects of the perimeter landscaping may be required; assumption of maintenance for the right-of-way area and the installation of sod and irrigation within it. \ continuation of the public sewer main from M.H.#3 to the north property l~ne, with appropriate easements, and the main placeQ at a depth sufficient to accommodate sewage flows from the north. preliminary construction plans (design plans) for Germantown Road improvements which shall be of at least one additional travel lane (total travelway width of thirty-six feet); along with a pavement marking plan. these design and pavement marking plans shall be developed in concert with Palm Beach County Engineering prior to their submittal to the City. 7. that the following modification be made to the site plan: f) a) b) c) d) Attachment: elimination of parking with points of entry spaces) ; spaces which are aligned from Germantown Road (8 reduction of the northerly driveway to 24' width; addition of a fire hycrat at the south building; on-site signing and pavement marking for traffic flow including the on-site truck routing. reduction of site plan REF / PD#6 / A:WALLACE.TXT 'I h ~ '. 2 " II: Ul . ---I !t. .w . . I I "l~ I ' . :' -~fl r .~ 1--- f; '~: I. iii " . , ,.. :~. C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER O. BARRY, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 26, 1988 AGENDA ITEM ** CONSENT AGENDA ** CONSIDERATION OF A CONDITIONAL USE REQUEST (MAJOR MODIFICATION) AND ATTENDANT SITE AND DEVELOPMENT PLAN FOR THE EXXON GASOLINE STATION AT THE NORTHc8ST CORNER OF ATLANTIC AVENUE AND CONGRESS AVENUE ACTION REQUESTED OF THE COMMISSION: Approval of a major modification to an existing conditional use (gasoline station) and its attendant site and development plan. The only subsequent action with be the ministerial act of final plat approval. BACKGROUND: This project involves l.34 acres of land. It encompasses the existing Exxon Station and a .3289 parcel to the immediate north which was annexed to the City in January of this year. The proposal involves the demolition of all existing facilities and construction of a kiosk and gasoline canopy and a separate service building. Dedications for Congress and Atlantic Avenue rights-of-way are being accommodated. Special landscaping regulations which pertain to Congress and Atlantic are being accommodated. No code violations or waivers are involved. A special traffic study was required and provided relative to the location and size of curb cuts and traffic flow on the site. Planning and Zoning Board Action: The Board held a public hearing on the conditional use aspect of the request and there was no public comment. The site and development plan was approved on a 5-2 vote. The approval was subject to compliance with six conditions of minor significance. CAB approval has been obtained. ~g To: Walter o. Jarry, City Manager Re: Consideration Of A Conditional Use Request (Major Modification Attendant Site And Development Plan) For The Exxon Gasoline Station At The Northwest Corner Of Atlantic Avenue & Congress Ave. Page 2 RECOMMENDED ACTION: By motion, approve the conditional use request and attendant site plan for the Exxon Station redevelopment on the north~~st corner of Atlantic and Congress pursuant to the findings made and conditions imposed by the Planning and Zoning Board. Attachment: P & Z Staff Report of July l8, 1988, Item IV.E REF/DJK~23/CCEXXON.TXT PLANNING B ZONING CITY OF OELRAY BOARD BEACH STAFF REPORT --- MEETING o::tTE: JULY 18, 1988 AGeo:I ITEM: IV.E. CONSIDERATION OF THE SITE PLAN FOR THE EXXON STATION REDEVELOPMENT AT ITEM: CONGRESS AND ATLANTIC AND DISPOSITION OF CONDITIONAL USE REOUEST -, GENERAL DATA: OWner............,..............1ZxoD co.pany U.S.A. .nt................, .... ......Da..ld J. Felton OOrporat. pro...rty lIervlc.. Loc.tlon........................Moctbe..t corner of W. Atlantic A.... &IIcl 00n9i-... A.... Property .1.....................1.34 Acre. 151,51'.1' aq. ft.) Lancl u.. Plan Dad9D&ti.......... .~rclal Boning Dad9D&tion..............ClC lGe.....al ec-rclall Adj......t Bonlll9.................Nort/a &IIcl1a.t of tile au!lject - properq 1& IOned Cawlty It. lLigllt IDclll8trl.U. .....t11 and w..t 1. 10Mcl Clty ClC. Ex1&tiD9 U............. 00..... ooGa...u... Sutlon propa.edu......................Rebu11cl 9..011ne .utl0R ba..ing 7 1&l&11cl11 IIIlcler one CUlOW and III "upancled lcJ....k. .....r.te buJ.1cl1n9 _ld provide 3 bay. for .utaDOtlve ..rvlclng. Wat.r lIervlce...................w.t.r can be pro..lded by coanectlnq lnto exi.tln9 1 1/2" water meter on the DOrth .ide of Atlantio Ave. Sewer S.rvlce...................connect to. .&Ditary .ewer force ..In alOD9 OOnqre.. Ave. requir.. CODetructlon of a 11ft .tatlon. ITEM: 1J7. E' ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a conditional use request and attendant site plan for a proposed rebuilding of the Exxon gas station located at the northeast corner of Atlantic Avenue and Congress Avenue. BACKGROUND: On August 17, 1981, Exxon Company entered into a water service agreement for the gas station site and agreed to annex voluntarily when contiguous. With the annexing of adjacent property, the Exxon site became contiguous and was sUbsequently annexed to the City, Ordinance No lOl-82, January ll, 1983. The zoning was, at that time, Industrial in the County but was changed to Commercial so that the facility would come into the City as a conforming use. On January 25, 1988 the Planning and Zoning Board considered a petition for annexation, rezoning and local land use amendment for a .3289 acre parcel just north of the existing Exxon station. The initial zoning requested was that of GC (General Commercial) and the requested land use change was from I (Industrial) to C (Commercial). The Planning and Zoning Board forwarded a recommendation of approval which was sUbsequently enacted. The petition before the Board includes the existing Exxon gas station site and the forementioned .3289 acre parcel. The site currently has a one story C.B.S. building with an attached canopy covering six (6) gasoline dispensers each having two hoses, along with a free standing canopy covering two dispensers with six hoses each (24 total). The new site plan proposes a kiosk/canopy combination with seven ( 7) dispensers and 42 hoses; and, a separate building as the "main structure" to accommodate office, storage, restroom, and service facilities. The proposal involves expansion of the capability of the site to accommodate more vehicles. The design is such to facilitate traffic flo~ and work high volume pumps. Generally gas station renovations involve a focus on providing "convenience services"; however, in this case the station has high volumes and this is the aspect of the business which is to be enhance. However, the design of the facility is such that the kiosk proposed to be located under the island canopy does provide convenience services in addition to just receipting for the payment of gasoline. To: Planning j Zoning Board Agenda It..,n III. F. Cc,nditional Use and Attendant Site Plan - Exxon Station Page2 The conditional use process is being followed since the demolition of the existing facility and its total replacement, and expansion, constitutes a major modification (and hence, full processing) to an existing conditional use. On June 18,1988 the the Board made a determination as to the appropriateness of the use, along with a determination that the proposed repair facility is the principal building and continued the item to the July meeting. PROJECT ANALYSIS,: The request is to be reviewed pursuant to Sections 30-2l(D) Conditional Use Standards and 30-22(D) Site and Development Criteria as well as Section 30-17(0) Special Regulation for gasoline stations. Section 30-17(0)(10) (Special Regulation for Gasolin~ stations) requires' that any lift and repair facilities be located inside of the "main structure". Action on the conditional use request necessitated a determination of which of the structures (the kiosk and canopy or the office/service building) constitutes the "main structure". A determination was made by the Planning and Zoning Board on June 18, 1988 that the "main structure" is the office/service building. Standards for Evaluatinq Conditional Uses: Standard *1 (ingress and egress) The existing Exxon site has four forty foot curb cuts, two along Atlantic Avenue and two along Congress Avenue. The applicant, in his initial submittal, had proposed two thirty-five foot entries along Atlantic Avenue which comply with Section 30-17(0)(13). He also proposed to retain the two existing forty foot entries on Congress Avenue. The maximum driveway width pursuant to Section 30-l7(0)(13) is thirty-five feet and the applicant has compiled with this requirement with the site plan resubmittal. On initial -review, the closing of entrances closest to the intersection of Atlantic and Congress was favored by Planning and Zoning and Engineering Departments. The applicant contends, due to on-site traffic patterns, all existing entries are necessary. Based upon his explanations, the staffs are inclined to support the two accesses per street request; A traffic study addressing traffic volumes and flow has been provided to justify the applicants position. To: Planning d Zoning Board Agenda Item III.F. Condition~l Use and Attendant Site Plan - Exxon Station Page3 Upon review of the traffic study it appears the southern entry along Congress Boulevard experiences limited use and could be closed with minimal impact to the remainder of the site. The entry however meets the minimum setbacks from the intersection and upon 6 laning of Congress will be restricted to right turn in and right turn out, as a median will be installed. Standard #2 (parking and loading areas) The number of parking spaces, 20 per Code, can been provided. Twenty-two (22) spaces were shown on the initial submittal, however three ~~ located in such a manner as not to readily serve customers at the kiosk or service building (they were located at the landscaping in the southwest corner). O,,<t. "O>?,~e.. was removed to accommodate increased landscaping demands. The proposed parking in the southwest corner of the site was removed to accommodate additional landscaping in the site plan resubmittal. The applicant has provided 21 striped spaces with two adjacent the Kiosk. The applicant has indicated a willingness to relocate the space shown by the Kiosk if qj,.~~ . tvlt ct-eel\\<!cl ,'na.p)'...~\a1e., _ " The agents rational for requested credit is that people who utilize the kiosk for convenience items will utilize the area whether it is designated as such or not. The proposed parking space would meet parallel parking requirements pursuant to Section 30-18 (C) (5) (a) (4). Standard #3 (refuse and service areas). Adequate refuse area can and have been provided. Standard #4 (utilities). Water service is available from a 12" water main which runs along the north edge of Atlantic Avenue right-of-way. The applicant is proposing a one and a half inch connection to the office/service building. Sewer service is presently accommodated by an on- site septic system. The applicant proposes to enter into a joint venture with the Chevron station located across Congress Avenue to construct a lift station at the northeast corner of the Chevron site which will connect to a force main which runs along the west side of Congress Avenue. The Exxon station will construct a lateral under Congress Avenue to access the proposed lift station. The U\,l,ht!. ~\'~t"",,J- should verify sizing of proposed lift stat~on on the Chevron site to assure proper capacities are made available for future development in the area. Standard # 5 (screens and buffers). The original submittal was inadequate in meeting the required landscape/buffer of 20.9 feet required pursuant to Section 30-16(K) along Atlantic Avenue. The site also has a deficiency in meeting the lO% of paved area internal landscaping requirement. These items have been addressed on the revised site plans. To: Planning i Zoning Board Agenda It~" III.F. Conc..itional Use anrl Attendant Site Plan - Exxon Station Page4 Standard # 6 ( signs and lighting). Details have not yet been reviewed. It is anticipated that new signing and lighting will be provided. However, the existing signing and lighting appears to be in compliance with code. A lighting plan was requested and not received showing location, type, height, strength and direction of proposed lighting. Submittal will be a condition of approval. Standard #7 (setbacks and open space). All applicable setback minimums have been met. Standard #8 (compatibility) and Standard #9 (height). These standards are met in that the new structure and use are similar to the existing conditions on site and to the south and west. The use is also compatible with adjacent industrial uses to the north and east. Standard #10 (economic effects on adjacent properties). This petition will have little economic effect on adjacent properties as similar uses exist adjacent to the site and this proposal is to replace an existing station. SITE PLAN ANALYSIS: The site plan has been reviewed using criteria outlined in Section 30-22(D) "Standards for Evaluatinq Site and Development Plan Applications". Following is the result of that review. Standard #l (sufficiency of materials) This standard has been met with an acceptable submittal. Standard #2 (impact of the proposed use) No additional impact is anticipated as the proposal is a reconstruction of an existing use. The intensity of potential use will be increased in that 14 gasoline service points will be available compared to the 10 now available. An additional service bay is also proposed to be added. Concerns were raised by a board member in relation to the visual impact of the proposed service bay building. The applicant has indicated he wishes to proceed with the present application as the proposal will reduce the eXisting visual impact of the building as it will be set back an additional 55 feet. If the applicant was to provide conventional clear glass service bay doors instead of the solid opaque overhead doors proposed, further reduction in the impact would be realized. To: Planning ,d Zoning Board Agenda It~m III.F. Conditional Use and Attencant Site Plan - Exxon Station Page5 Standard # 3 (ingress and egress) and Standard #4 (off street parking and loading) These standards have been addressed under Conditional Use standards #l and #2 Standard #5 (screens and bUffers) This standard has been addressed under Conditional Use standard #5 Standard #6 (drainage) Drainage is to be accommodated by the installation of French drains on site. No problems appear to exist. Standard #7 (sanitary sewers) and Standard #8 (utilities) These standards are addressed under Standard number 4 of the Conditional Use analysis. Standard #9 (recreation and open space) This standard does not apply as the proposal is a commercial development. Standard #10 (site development) deals with overall impact of the site development. The new structure and use are similar to the existing conditions on site and to the south and west. The use is also compatible with adjacent industrial uses to the north and east. The intensity of the gasoline sales will be increased but at the same time will become more efficient with the installation of quicker dispensers. No adverse impacts are anticipated. Other Items: The Engineering Department is requ~r~ng the platinq prior to issuance of any building permit. The plat will incorporate the .3289 acre parcel to the north and make appropriate right-of-way dedications for expanded intersection protection at Atlantic Avenue and Congress Avenues. The C.A.B. reviewed the project on May 25, 1988 and conveyed to the applicant concerns regarding the adequacy of landscaping, previously cited. The applicant was directed to revisit the site plan with respect to these items and resubmit for C.A.B. approval. The site plan has been scheduled for C.A.B. review on JUly 27, 1988 applicant appears to have met all of the Board's initial concerns. To: Planning a Agenda Iteln Conditional Page6 Zoning Board III. F. Use and Attendant Site rlan - Exxon Station Though the applicant has submitted a revised site plan addressing staff concerns the following items have not been addressed. 1. Indicate height, type, strength and direction of proposed lighting pursuant to Section 30-22 (G) (5) (0); 2. The following notes must be added to the landscape plan; All landscaped areas will receive 100% irrigation from a source other than City water. Sod and irrigation will be provided to the edge of pavement. All Landscaped areas adjacent high traffic areas will be curbed pursuant to Section 9-374 (b). All plant material will be Florida #1 or better pursuant to Section 9-378 (c) (l). 3. Provide calculations to show that the required 10% of total paved area is provided in interior green space. 4. Conf licts exist between the landscape plan and proposed lighting location. Along the north perimeter two light poles appear to conflict with tree canopies. 5. Re plating will be required prior to the issuance of any building permit. 6. The fOllowing contributions are required of this development and must be payed prior to issuance of a building permit. At the time of widening of Congress Avenue, a contribution shall be made to the City for beautification of the Avenue. Such contribution shall defray the cost of irrigating and landscaping the median on the roadway in accordance with plans developed by the City. Payment shall not exceed $10.00 per front foot and shall be applied in accordance with an ordinance to be adopted by the City which the applicant understands and agrees will be applicable to this project.- ALTERNATIVE ACTIONS: l. Continue with direction 2. Recommend approval of the Conditional Use and attendant Site plan for the Exxon Service station subject comments 1 thru 6 contained within the staff report. To: Planning 2~d Zoning Board Agenda It III.F. Conditional Use and Attendant Site Plan - Exxon Station Page7 RECOMMENDED ACTION By motion, based upon a finding of compliance with Section 30-21 (D) " Standards for Evaluating of Conditional Uses "and Section 30-22 (D) "Standards for Evaluating Site and Development Plan Applications ", recommend approval of the conditional use and attendant Site Plan for the Exxon Service station subject to conditions (l) thru (6) of the staff report. ref:PD#6/EXXCU.TXT .' . ...". \ , \ '\ <i>' i 'rt il ." ~~ "r-fJ , ;;!I~l:J . L@ . ," lot ~ ~ .~!n t ~Io;'t~ P @ ~l ~ !;I~ @ 9hll> ~. .~ ~ : , ;;; '\ ~ ~ 76\ ~ ~ ~, ;> '<6' . . . ~ '" @ , , \~, . . <i> . .. ~ . ~ () :fI./~."'.O/f -I '. , U ~5 .... .... ... .,.... ,fI .- -anrf3(\~ c;<;:J'-l~o:) ---_._._--_._-~_._..- ----.------.-~----- -.---~n~ ~".~ 19""..J ----- . . RESOLUTION NO. 40-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH 1 SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES 1 PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinancesl and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said propertYl and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirty-five (35) days for violation of 100.04); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hireQ by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 59 Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City I s cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a re~sonable attorney's fee. Section 6. That at the time the City C~erk sends the certified copy of this resolution for recording, a notice of lien, in the form prescribed in Section 100.27 of the Code of Ordinances, shall be mailed to the property owner. of PASSED AND ADOPTED in regular session on this the , 1988. day MAY 0 R ATTEST: City Clerk - 2 - Res. No. 40-88 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION ASSESSMENT RESUB. OF S 1/2 OF BLK 38 & N 1/2 OF BLOCK 39, DELRAY BEACH, LOT 13, BLK 38, PB 11, P 34, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SW 3RD AVE) LOT 1, BLK 67, TOWN OF DELRAY, PB 1, P 3,PUBLIC RECORDS, PALM BEACH COUNTY,FL. (145 N SWINTON AVE) LOT 9 & 25' OF LOT 10, BLK 66, TOWN OF DELRAY, PB 2, P 81, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (248 NE 1ST AVE) LOT 5, BLK B, WEST SIDE HEIGHTS, PB 13, P 61, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (131 NW 9TH AVE) LOT 4, BLK B, WEST SIDE HEIGHTS, PB 13, P 61, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (133 NW 9TH AVE) S 50' OF N lIS' OF W 135' OF BLK 26, TOWN OF DELRAY, PB 5, P 64, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVE) S 150' OF E 50' OF BLOCK 18/ LESS E 20' RD R/W, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 2ND STREET) E 100' OF W 200' OF N 50' OF BLK 18, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 3RD STREET) S 50' OF N 200' OF W 120' OF BLK 25, TOWN OF DELRAY, PB 5, P 2, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVE) S 50' OF N 300' OF E 135' OF BLK 20, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVE) LOT 15, BLK A, CARVER MEMORIAL PARK, PB 20, P 56, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (245 NW 14TH AVE) S 3' OF LOT 10 & LOTS 11 & 12, BLK 43, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (134 NW 2ND AVE) OWNER RONNEY E GILBERT 500 WEDGEWOOD PLAZA #508 RIVIERA BEACH, FL 33404 $180.00 50.00 (ADM. COST) (RECORDING) JEANNE M. VAN TREESE $ 15.00 145 N SWINTON 50.00 (ADM. COST) DELRAY BEACH, FL. 33444 (RECORDING) K. C. & PATRICIA RODE $ 15.00 HUSBAND AND WIFE 50.00 (ADM. COST) ROUTE 1 BOX 191 R (RECORDING) HIAWASSEE, GA. 30546 & LOAN $ 50.00 50.00 (ADM. COST) ( RECORDING) FIRST FED. SAVINGS C/O WIENER ET AL P.O. BOX 694347 MIAMI, FL. 33269 JOSEPH E. THURIN GISHLAINE & JEAN P. LOY 133 NW 9TH AVE DELRAY BEACH, FL. 33444 FREDERICK D. MC COY JR. 215 NW 5TH AVE DELRAY BEACH, FL. 33444 H. & HAZEL CLEM HUSBAND AND WIFE 3 SUMMER STREET NORWALK, CT. 06851 $ 40.00 50.00 (ADM. COST) (RECORDING) $ 40.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) (RECORDING) L.& VASSEINA WILLIAMS EST $ 35.00 HUSBAND AND WIFE 50.00 (ADM. COST) 227 NW 5TH AVE (RECORDING) DELRAY BEACH, FL. 33444 EDWIN C. IVY $ 35.00 519 SW 15TH TERRACE 50.00 (ADM. COST) DELRAY BEACH, FL. 33444 (RECORDING) CLARENCE SR.& RUTHIE EVANS (HUSBAND & WIFE) 400 NW 8TH AVE DELRAY BEACH, FL. 33444 EVELINA GAINER 245 NW 14TH AVE DELRAY BEACH, FL. 33444 EDDIE JR. & YVONNE ODOM HUSBAND AND WIFE 3905 LOWSON BLVD. DELRAY BEACH, FL. 33445 -3- $125.00 50.00 (ADM. COST) (RECORDING) $205.00 50.00 (ADM. COST) ( RECORD IN G) $ 50.00 50.00 (ADM. COST) (RECORDING) Res. No. 40-8il S 3' OF LOT 10 & ,LOTS 11 & 12, BLK 43, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (126 NW 2ND AVE) LOT 12, BLK 96, LINN'S ADD. TO OSCEOLA PARK, PB 1, P 133, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (347 SE 3RD AVE) N 50' OF W 130.44' OF W 1/2 OF S 1/2 OF BLK 4, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 8TH AVE) LOT 27, BLK 1, ATLANTIC PARK GARDENS, PB 14, P 56, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 12TH AVE) LOT l3/LESS S 20', BLK 28, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (W ATLANTIC AVE & NW 5TH AVE.) LOTS 1 TO 9 INCL, RESUB OF BLK 85, BLK 85, DELRAY, PB 4, P 14, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (29 SE 2ND AVE) LOT 21, BLK 49, TOWN OF DELRAY, PB 12, P 86, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 4TH STREET & NW 1ST AVE) LOT 19, BLK 12, MONROE SUB., PB 14, P 67, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 6TH AVE) N 69.5' OF LOT 9, BLK 78, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (SE 2ND AVE & SE 1ST ST) E 50' OF W 583' OF S 140' OF N 165' OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, SUB 17-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 2ND STREET) S 53' OF LOT 2, BLK 43, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (133 NW 3RD AVE) N 100' OF E 131.6' OF BLK 63, TOWN OF DELRAY, PB 6, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. 200 S SWINTON AVE) LOT 21, BLK B, TOURIST NOOK, DELRAY, PB 11, P 47, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 8TH AVE) EDDIE JR. & YVONNE ODOM HUSBAND AND WIFE 3905 LOWSON BLVD. DELRAY BEACH, FL. 33445 PIERRE & BERNADETTE PONGNON (HUSBAND & WIFE) FRANCIOS S.ITACY & W. MARCEAU 347 SE 3RD AVENUE DELRAY BEACH, FL. 33445 EARL & ODESSA MCDONALD HUSBAND AND WIFE 414 SW 15TH AVENUE DELRAY BEACH, FL. 33444 BENNIE THOMAS 1720 1ST STREET N WINTER HAVEN, FL. 33881 SHUKRI AYESH 5911 ALBERT ROAD W. PALM BEACH, FL. 33415 $ 50.00 50.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) (RECORDING) $ 60.00 50.00 (ADM. COST) (RECORDING) $ 49.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) WILLIAM C.WILLIAMS III TR $ 85.00 PALM BEACH CO. COURTHOUSE 50.00 (ADM. COST) #314 (RECORDING) W. PALM BEACH, FL. 33410 PAUL V. SCUREI 151 NE 5TH AVENUE DELRAY BEACH, FL. 33483 WILLIE & ANNIE ALBERT EST HUSBAND & WIFE 34 NW 6TH AVENUE DELRAY BEACH, FL. 33444 J.REEVE & ANNE S.BRIGHT HUSBAND & WIFE 700 SEA SAGE DRIVE DELRAY BEACH, FL. 33483 JACQUEL DAWSON 2917-82 SW 13TH STREET GAINESVILLE, FL. 32608 GEORGE & DOROTHY M. MACK HUSBAND & WIFE 313 SW 11TH AVENUE DELRAY BEACH, FL. 33444 CLERMONT MESIDOR 200 S SWINTON AVENUE DELRAY BEACH, FL. 33444 ROSS WISKIN 3680 FRANWOOD CIRCLE APT #101 BRADENTEN, FL. 33505 -4- $ 45.00 50.00 (ADM. COST) (RECORDING) $ 70.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) $ 50.00 50.00 (ADM. COST) (RECORDING) $ 60.0(1 50.00 (ADM. COST) (RECORDING) $ 10.00 50.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) (RECORDING) Res. No. 40-88 LOT 12, BLK 3, NORTHRIDGE, PB 23, P 168, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (1917 N SWINTON AVE) LOT 29, BLK B, TOURIST NOOK, PB 11, P 47, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 8TH AVENUE) S 30' OF LOT 6, BLK 28, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVENUE) S 24.7' OF LOT 5 & N 44.7' OF LOT 6, BLK 28, TOWN OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 5TH AVE) S 50' OF N 208' OF E 208' OF W 1/2 OF E 1/2 OF N 1/2 OF LOT l/LESS 25' OF RQ R/W, SUB. OF SEC 20-46-43, PB 28, P 68, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (418 SW 5TH AVE) E 50' OF W 450' OF S 135' OF W 1/2 OF S 1/2 OF LOT 5, SUB. 8-46-43, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (NW 4TH STREET) CORA A. DAPP 1917 NW 8TH AVENUE DELRAY BEACH, FL. 33444 DELVERNA C. RILEY 231 NW 8TH AVENUE DELRAY BEACH, FL. 33444 LEONARD DAVUS C/O GENERAL DELIVERY LOS ANGELES, CA. 90073 ALEC M. SHATZ THOMAS J. WOOLLEY, JR. P.O. BOX JJ BOYNTON BEACH, FL. 33435 HAZEL SANDERS P.O. BOX 1162 CRYSTAL RIVER, FL. 32629 CARRIE WILLIAMS 615 NW 4TH STREET DELRAY BEACH, FL. 33444 $ 50.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 80.00 50.00 (ADM. COST) (RECORDING) $ 70.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM.COST) (RECORDING) $ 45.00 50.00 (ADM. COST) (RECORDING) VIOLATION IS: SEC 100.02 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- Res. No. 40-88 RESOLUTION NO. 41-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirty-five (35) days for violati~n of 100.04); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: OF THE tlO Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at, the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form prescribed in Section 100.27 of the Code of Ordinances, shall be mailed to the property owner. of PASSED AND ADOPTED in regular session on this the , 1988. day MAYOR ATTEST: City Clerk - 2 - Res. No. 41-88 CPST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION LOT 43 (LESS S 23' RD R/W) & S 1/2 OF ABNDED PRINCESS BLVD. LYG. N OF & ADJ. THERETO, SANDS OF SEA, DELRAY BEACH, PB 21, P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (LINTON BLVD.) LOT 44 (LESS S 23' RD R/W) & S 1/2 OF ABNDED PRINCESS BLVD. LYG. N OF & ADJ. THERETO, SANDS o SEA, DELRAY BEACH, PB 21, P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (LINTON BLVD.) LOT 45 (LESS S 23' RD R/W) & S 1/2 OF ABNDED PRINCESS BLVD. LYG. N OF & ADJ. THERETO, SANDS o SEA, DELRAY BEACH, PB 21, P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (LINTON BLVD.) LOT 46 (LESS S 23' RD R/W) & S 1/2 OF ABNDED PRINCESS BLVD. LYG. N OF & ADJ. THERETO, SANDS o SEA, DELRAY BEACH, PB 21, P 27, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (LINTON BLVD.) OWNER BARRY GARFIELD 691 SOUTH DIXIE HWY. POMPANO BEACH, FL 33060 BARRY GARFIELD 691 SOUTH DIXIE HWY. POMPANO BEACH, FL 33060 BARRY GARFIELD 691 SOUTH DIXIE HWY. POMPANO BEACH, FL 33060 BARRY GARFIELD 691 SOUTH DIXIE HWY. POMPANO BEACH, FL 33060 ASSESSMENT $937.50 12.50 (ADM. COST) (RECORDING) $937.50 12.50 (ADM. COST) (RECORD IN G) $937.50 12.50 (ADM. COST) (RECORDING) $937.50 12.50 (ADM. COST) (RECORDING) VIOLATION IS: SEC. 100.02 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -3- Res. No. 41-88 RESOLUTION NO. 42-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: lj/ Section 1. That assessments in the amount of$l,298.00 One thousand two hundred ninety eight and nO/lOO dollars as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the , 19 day MAY 0 R ATTEST: City Clerk - 2 - Res. NO.42-88 NOI'ICE OF ASSESSMENr July 26, 1988 Date TO: Dolores A. Libby, Trustee ADDRESS: 8 Hazel Street, Cranford, NJ 07016 PROPERTY: 911 North Federal Highway, Delray Beach, Fl 33444 LEGAL ~ION: Lots 8 and 9 (less rd r/w), Block 2, Sophia Frey Addition You, as the record owner of, or holder of an interest in, the above-described property are hereby advised that a cost of $1,298.00 by resolution of the City Council of the City of Delray Beach, Florida, dated Julv 26 19 88, has J:Jeen levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described prbperty. You were given written notice on 7-5-88 that the building official has determined that a building located on the above- described property was unsafe. You were advised in that notice of the action to be taken to remedy that unsafe condition and of the time within which the remedial action was required to be taken. You failed to appeal the decision of the bJilding official to the Board of Construction Appeals although you were infomed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the bJilding official. x You appealed the decision of the bJilding official to the Board of Const.J:uction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of tiIre. You failed to take the action as required by the order of the Board of Construction Appeals. '!he City of Delray Beach has therefore taken rerredial action to rellDVe the unsafe condition existing on the above-described property on 6-22-88 at a cost of $1,298.00 which incluJes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the Official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the bJilding official. BY ORDER OF THE CITY COUNCIL. //);~a,~, City lerk RESOLUTION NO. 43-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an un~afe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirement~ adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the 'building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; 'and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1/02. Section 1. That assessments in the amount of $2,578.40 Two thousana r~ve nundred seventy eight and 40/l00 dollars as shown by the report of the City Manager of the City of Delray a copy of which ~s attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount (s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the noti'~e described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) 0 f the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. of PASSED AND ADOPTED in regular session on this the , 19 day MAY 0 R ATTEST: City Clerk - 2 - Res. No. 43-88 NOTICE OF ASSESSMENT July 26, 1988 Date TO: Margaret Jenkins and Marion A. Newman ADDRESS: 104 NW 9th Avenue, Delray Beach, Fl 33444 PROPERTY: 102 NW 10th Avenue, Delray Beach, Florida LEGAL DESC1tD?rION: S50' of E135' of S~ of N~ of Lot 6, less E25' st r/w in Section 17-46-43 You, as the record owner of, or holder of an interest in, the above-described property are hereby advised that a cost of $2,578.40 the City Council of the City of Delray Beach, Florida, dated 19 , has .been levied against the above-described property. bv resolution of uUJ.Y 16, 1988 , The costs were incurred as a result of a nuisance abatement action regarding the alJove-described property. You were given written notice on 10-23-87 that the building official has determined that a building located on the above- described property was unsafe. You were advised in that notice of the action to be taken to rerredy that unsafe condition and of the tllrA within which the rerredial action was reqll..ired to be taken. x You failed to appeal the decision of the building official to the Board of Construction Appeals although you were infOrmad of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the building official. You appealed the decision of the building official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. The City of Delray Beach has therefore taken rerredial action to renove the unsafe condition existing on the above-described property on 6-17-88 at a cost of $2,578.40 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the Official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the building official. BY ORDER OF THE CITY COUNCIL. ~Y:1~ fc~'~1"~~ ,~: :~ ":1'~ 'i -J 'UI "] E' l 'JI j' .- ., ',' '.,' " ,~ ,1,:,; 'j " i'" i ",' ,,? .'" ,~ Q,,, ~\ , . "..~ MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/ Management Services ~ ,A ' (3. IS/( SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 26, 1988 - PURCHASE AWARD - SCOTT AIRPACS - FOR FIRE DEPARTMENT DATE: July 18, 1988 Item Before Commission: City Commission is requested to award a sole-source purchase to the Safety Equipment Company, in the amount of $21, 7 43.30; funding available in the Utility Tax Construc- tion Fund. Background: The Fire Department has requested that only Scott airpacs be purchased for their use to maintain continuity of equipment and for ability to perform in-house repairs and maintenance. Purchasing has documentation that Safety Equipment Company is the sole distributor for Scott products for the State of Florida. Purchasing also has documentation showing the cost of this equipment is less then list price and therefore is fair and reasonable. Recommendation: Staff recommends award on a sole-source basis to Safety Equipment Company, in the amount of $21,743.30, with funds to come from Utility Tax Construction Fund. RAB:sk attachments , '3 -A :lE~10RANDL"1 To: From: Robert A, Barcinski- Asst, City Manager! Mana~emerlt Ser\"ices Ted Glas- r"urchasing Director ::;r~ Date: July 6. 1988 Subject: Purchase of Scott Airpacs for Fire Department The Fire Department is requestin~ sole-source pr'ocurement of Scott airpacs and spare bottles, per their attached memo, Documentation is attached sllowing tbe firm Safety Equipment Company is the exclusive dlstributor for Scott equipment for the state of Flol'ida. Documentatioll is also attached showing the prices offered by Safety Equiploellt Company al"e I'educed by 5% for the airpacs and 15% for the bottles, below list pricing, Therefore, the prices would seem to be fair and l'easonable. The Fire Department desires to trade-in ten of their old alrpacs for a credil of $1,000. It is recommended that the purchase of ten 101 airpacs and twenty-five 1251 bottles be awarded to Safe~)' Equipment Company, at a price of $1,537.33 each for ti,e Scott airpacs and $29",80 each for the bot tIes, less trade-in, for a total cost of S21,I~J.30. Per the B\ld~et Director, funding [(.11' this purchase is available in account .333-2311-522-60,89 (Utility Tax f:ollstruction Flind-Capital Outlay-Equipment, Otller}. Attachments: 4emorandum from Fire Department Ducumentation on Sole-Source & Pricing pc ~ike ~j_~derson Yvonne f\ i Ilf.:'aide DEPAR1.v1ENTAL [ITY OF \ CORRESPONDENCE I DELRAY BEA[H TO TED GLAS, PURCHASING DIRECTOR ~Ci FROM M. B, WIGDERSON, ASSISTANT FIRE CHIEF SUBJECT PURCHASE SCOTT AIR PAKS DATE 5/16/88 I am requesting the purchase of ten (10) complete Scott S.C.B.A, PNH930231-6l and 25 lightweight bottles PNH803162-01, This purchase is part of our three year plan to up-grade our system, This order will be a sole source purchase to maintain our continuity of equipment and our ability to do in house repair and maintenance. The order will be placed through a dealer for Scott air equipment in the State of Florida, 1 will be turning in 10 of our old S.C,B,A. that we are no longer able to use, for a credit of $1,000.00. The cost of each complete unit will The cost for each spare bottle will be $1,537,33 X 10 = be 294.80 X 25 = SUB TOTAL Less the $1,000,00 credit TOTAL $15,373.30 7,370,00 $22,743,30 $21,743,30 Your concurrence in this matter would be appreciated, ~3. M. B. Wigderson Assistant Fire Chief MBW/nunh -~ eM 362 THE EFFORT ALWAYS MATTERS I i6.;,,~ " .",'.'-\.,.",",.".,.," .>:.~.~t:r:..-:. ::,J~~-~~f_;~, smtr~ September 16, 1987 City of Del Ray Beach 101 W. Atlantic Avenue Del Ray Beach, FL 33444 ATTENTION: Captain Michael Wigderson SUBJECT: Scott Products Distribution Dear Capt. Wigderson: Scott Aviation Health and Safety Products are sold to customers through a distributor network. I Safety Equipment Company is our exclusive distributor for Air Supplied Respiratory Products and Air Purifying Respiratory Products for the state of Florida. Cordially, ',~) ,) " . ...,,"'-Lift, d /'JNt'--r-1'.1-tt Shirlee R. Bowden Manager of Customer Service Health/Safety Products SRB:dmt SCOTT AVIATION. A FIGGIE INTERNATIONAL COMPANY g 225 Erie Streel, Lan_ler, NY 104086 Tel: 716-883-5100 Telex: 91-394 Safety r:r:r;::rL..Equprient I:J..:1...I::L.Company @ 20352 NE 16th Place North Miami Beach, Fl. SALES OFFICES LOCATED IN T AMPA/ORLANDO/JACKSONVI LLE/T ALLAHASSEE/M IAMI 33179 Chief Mike Wigderson City of Delray Beach Fire Dept, 101 West Atlantic Avenue Delray Beach, Fl. 33444 Dear Chief Wigderson, As a written follow up to our phone conversations of the past month, please be advised of the following: The price of the airpacs, part number 930231-61, with donning switch and Buddy Breathing capabilities is 1,537,33. We will accept a trade in of 100.00 for each of your existing units in a one for one arrangement, Lastly, the price of the lightweight replacement air bottle part number 803162-01 is 294,80, While we are aware that it is pos- sible to purchase bottles from someone other than Scott AViation, we choose not to do this as it violates the NIOSH approval granted to Scott Aviation. Violation of any approval means Scott will not honor their warranties and transfers the burden of responsibility to the distributor/end user. This practice would increase our product liability insurance premiums to a totally unreasonable extreme, It is certainly not worth the 20.00 or 30,00 dollar difference in cost, More importantly, we want no one hurt, We at SEC pride ourselves in providing the best possible service to our customers. We will always try to represent the highest quality items in the industry and will devote the necessary time to train the end users, We look forward to a long and happy association with the City. Sincerely, ~\j~\ ~\).~(\.~1\. L Norka Cabanas Bramch Administrative Mgr. [il)) 'Jt:aELRH!fJt~~[H MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/ f,.A./), r<k Management Services SUBJECT: DOCUMENTATION - ClTY COMMISSION MEETING - JULY 26, 1988 - BID AWARD - CONTRACT FOR HAND TOOLS AND HARDWARE SUPPLIES DATE: July 18, 1988 Item Before Commission: City Commission is requested Duncan-Edward, in the estimated funding available in various Operating Supplies. to award a contract to annual amount of $21,000; department budgets under Back9round, Our City spends approximately $27,000 yearly on handtools and hardware supplies, using blanket purchase orders with discounts from 7% to 10% off retail price. By utilizing the City of Boca Raton contract, discounts will range from 12% to 52%, which will create a $6,000 yearly savings. Recommendation: Staff recommends award of contract for handtools and hard- ware supplies to Duncan-Edward by piggy-backing the City of Boca Raton Contract as per Code of Ordinance, Chapter 36, Section 36.02 (E) (2), in the estimated amount of $21,000 yearly. RAB:sk attachments ';1, ' "3...8 'tE~10RANDU~1 To: Robert A, Barcinski- Asst, City Manager/Management Services From: Ted Glas- Purchasing Director 31~ Date: July 6, 1988 Subject: Handtools & Hard~are Supplies via Boca Raton Contract The City of Boca Raton has received bids and a~arded a contract for handtools and hard~are supplies for the contract period from April 12, 1988 through ~larch 30, 1889, The Boca bid consists of firm discounts from manufacturer's list price for a one year period, ~ith the option of renewing the contract for a second year per the same terms, conditions, and prices. The City of Delray Beach spends approximately $27,000, on handtools and hard~are supplies. Currently the bulk of these items are purchased from blanket purchase orders with discounts ranging from 7% to 10% from retail price. By utilizing the Boca contract, which offers a 12% to 52% discount, we could expect to realize an additional $6,000, savings each year, We would still need small blanket purchase orders for emergency purchases onlv. It is recommended that a contract for handtools and hardware supplies be awarded to Duncan-Edward, via the City of Boca Raton Bid approved April 12, 1988; and if Boca Raton rene~s the contract for one additional year, that the City Manager be authorized to rene~ the contract for the City of Delray Beach, subject to vendor acceptance, satisfactory per'formance and determination that renewal is in the best interest of tt.e City. Funds for these purchases are available in the various department budgets under operating supplies, ,.\ttachments: Contract Documentation from Boca Raton c OvW<-(~ 11[10 vf3 . LfI'2-/f'~) '# s--,j' - .L <tf~o/&8~~ {NQeO be-t~e of ~ 5-) CITY HALL. 201 WEST PALMETTO PARK ROAD. BOCA RATON, FLORIDA 33432. PHONE: (305) 393-7700 March 25, 1988 PURCHASING MEMO NO: 87/88 - 164 TO: James A. Rutherford, City Manager THRU: Susan M. Miller, C.P.A., Finance Director -cJ A ~ r,A...:J4 . Thomas P. Anderson, CPPO,C,P.M., ~rchasing Supervisor Caroline R. Westfall, C.P.M., Purchasing Agent II C~ THRU: FROM: SUBJECT: Bid - Handtools and Hardware Supplies Bids were opened requirements for Purchasing. on March handtools I, and 1988 in the Purchasing Office for the City's annual hardware supplies. Specifications were prepared by Twenty-two vendors were solicited; four responded with bids. Purchasing research discovered that the City spent approximately $34,,000.00 for hand- tools and hardware supplies in FY '86/' 87. This total included expenditures from all Departments through either blanket orders, purchase orders or special purchase orders (under $100.00). Since Departments were unable to successfully project what handtools and/or hardware might be required in the future, we were unable to issue an itemized quantitative bid. Instead, vendors were advised of our annual expenditure total and, requested to give discounts based on acheiving that level of sales in a 12 month period. The bid requested firm discounts from manufacturer's wholesale list prices for a one year period. Vendors were to advise the major lines (manufacturers) of hand tools they represented and the applicable discount per line. Additionally, they were requested to quote a firm discount on miscellaneous hardware. The bid also stated that the supplier must prOVide both walk-in and delivery service, be within a reasonable distance from the City, and have had experience with Municipal contracts. A tabulation of discounts Bid is given below: Vendor Handtools Hardware Scotty'S, Pompano Beach Sewell's, Boca Raton Ace Hardware, Boca Raton Duncan Edward, Ft. Lauderdale 12% 10% 20-30% 12-52% 12% 10% 20-30% 15-47% Reconunend approval for Department blanket orders be Ft. LaUderdale, Florida on an as-needed basis. Blanket to-date are: awarded to Duncan Edward Co., orders received by Purchasing Public Works/Building Maintenance Public WorkS/Streets $17,000.00'/ 1,000.00 11?1~ il/~'7 - AN EQUAL. OPPORTUNITY EMPLOYER_ 17(~(" page 2 Public Utilities/Plant Maintenance Public Utilities/Water Network Public Utilities/Sewer Maintenance Public Utilities/WW Treatment Plant Fire Department Public Works/Dredge Engineering/Traffic Total: 2,000,00 2,000.00 2,000.00 2,000.00 500.00 800.00 2,000,00 $29,300.00 11,0 X' /, 1,01 (1'?0'" 11 ">05 1 7:'-1"> 1111<>1- (12C.'2-- Actual usage of these blanket orders may vary ~ 10% depending on Department require- ments. Blanket orders from other Departments are anticipated. Approval for any that exceed $6000.00 will be requested at the appropriate time, Funds are available in the following accounts: General Fund-Inventory of Supplies-Building Maintenance account no. 001-000-141- 4000 (Building Maintenance) General Fund-PW/Streets-Road and Street Facilities-Other Maintenance account no, 001-441-541-4619 (Streets) Water/Sewer Operating Fund-Plant Maintenance-Water Utility Services-Other Supplies account no. 470-427-533-5216 (Public Utilities) Water/Sewer Operating Fund-Water Network-Water Utility SerVices-Other Supplies account no, 470-422-533-5216 (Public Utilities) Water /Sewer Operating Fund-Sewage Maintenance-Sewer SerVices-Other Supplies account no. 470-424-535-5216 (Public Utilities) Water/Sewer account no. Operating Fund-Sewage Treatment 470-423-535-5216 (Public Utilities) Plant-Sewer SerVices-Other Supplies General Fund-Fire Staff/Line Support-Fire Control-Other Maintenance account no. 001-251-522-4619 (Fire Department) General Fund-PW/Dredge-Other Physical Environment-Other Supplies account no. 001- 442-539-5216 (Dredge) General Fund-Eng/Traffic/Special Proj ects-Road and Street Facilities-Other Supplies account no, 001-346-541-5216 (Traffic) CRW:TPA:SMM:dd "rr /JF a~lRRY :1t~ C;1 MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Assistant City Manager/ ,i7.AB, f,( Management Services SUBJECT: DOCtlMENTATION - CITY COMMISSION MEETING _ JULY 26, 1988 - BID AWARD - CELLULAR TELEPHONES _ POLICE DEPARTMENT DATE: July l8, 1988 Item Befor~ Commission, City Commission is requested to award a bid to Business Communications, in the amount of $10,680; available in the Law Enforcement Trust Fund. Cartel funding Back9round: Invitations to bid were mailed to eight (8) area vendors on May 24, 1988. Four (4) bids were received on June 22, 1988. This purchase includes eight (8) portable cellular tele- phones, chargers, battery packs, battery savers, and wide gain antennas. A decision on which firm offers the most cost effective air time is cur rently being evaluated and will be awarded separately from purchase of telephones. Recommendation, Staff recommends award of low bid to Cartel Business Commu- nications in the amount of $10,680, with funds to be appro- priated from Law Enforcement Trust Fund. RAB:sk attachment b3-<!. 300 West Atlantic Avenue . Delray 8each, Florida 33444,3666 (305) 243'7888 nEMORMJOUM 11~ Delray Beach Police Department CHARLES KILGORE Chief of Police TO: Robert A, 8arcinski Assistant I:itv Manaqer/Manaqement Services GrOlJD FROM: Richard M, Lincoln. Major Acting Chief of Police THRU: DATE: SUBJECT: Ted Glas, Purchaslnq Director Jul y 12, 19;38 ~Q8188lE CELlUl88 IElE~~Q~ES Several months aqo. the Police Department began evaluatlnq cellular telephones in an effort to determine their usefulness in the law enforcement community, As an administrative aid. the Police Chief. Fire Chief, Mayor and former City Manaqer all 'lave positive reviews, With the assistance of several vendors. a number of portabl~ cellular telephones were tested and evaluatQd by various units In the Police Department, This increased teccnoloqy qives a broader range of communications to those in the :ield. The broadened ability to contact informants or other .qents in the field, enhances the Investigative arm of the Orqanized Crime Unit. the Patrol Supervisor(s) ability to communicate durinq critical incidents. increase productivity. safety and morale. As a result, I recommended the Motorola portable cellular telephone for Operations Bureau personnel. The technology and durabilitv was found to be far superior than all others tested, Bid specifications were developed and Purchasinq went out to bid on June 22, Based on the attached spreadsheet, I recommend Cartel Business Communications be awarded the contract to purchase @iaht (8) phones, A separate recommendat ion wi 11 be made to Pllrchase the access fees/air time as that is a recurring expense. We seek your approval and ask that the City Commission appropriate funds in the amount of $10.680,00 from the Law Enforcement Trust Fund for this purpose. Your consideration is appreciated, Respectful Iv submitted. . __..f:~_ ~ ~___"_'-~ __ __ ___h RICHARD M. LINCOLN, MAJOR Act ing Chief of Pol ice gb Attachment PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER ~lEHORANDU~l To: Robert A. Barcinski- Asst, Cit~ Hana~er/Management Services 4jr From: Ted Glas- Purchasin~ Director Date: July 13, 1388 Subject: Bids on Portable Cellular Telephones; Bid ~88-79 Invitations to Bid were mailed to eight (8) area vendors on May 24, 1988, A legal advertisement was placed in the Delray ~ews on Hay 27, 1988. Four 141 vendors submitted bids for the June 22, 1988 bid opening, A Tabulation of Bids is attached for your review, Following staff analysis aud review, it is recommended that the purchase of the eight (8) portabl~ cellular telephones be awarded to the low bidder, Cartel Business ' Communications, at a total cost of $10,680, These telephones al'e not budgeted items. Thce' Police Department is requesting that funds be appl uriated from the Law Enforcement Trust Fund for this pure has Attachments: Tabulation of Bids Memos from Police Department ~c: Y\"OIllle Kirlcaide ~.1ajor Lirlcoln .. QI .. ....' ~ ~. = I I""f" Z l",..l ~.... 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Ox> 8 ~ ~ ~ ~ ~ ~ ~ ~ ;. ~ ~ ~ ~ 00 o 8 ~ "'" ~ ~ 3 5 < ~ ~ !;l ~ , ~ 0 ~ p. a c: ~ i: Q ! i ~ ~ ! ::I ~ ::I ~ CI'l " c '" ~ ~ tr n '" t'" t'" c: ~ .., '" t'" '" '" '" c :z '" CI'l = ~ N ~ "l o ~ t'l 0" t"' ., ~ eo ~ III CI'l ..., '" ~ 0 S 5 5 '" I N N , ex: ex: ~ X ~ ~ ~ ~ ~ ~ ~ ~ 0 5 ~ ~ ~ 3 ~ ~ w o o '" X MEMORANDUM TO: Mr. Walter O. Barry City Manager FROM: Robert S. Pontek Director of Public Utilities SUBJECT: GOLF COURSE WELLS-CONNECTIVE PIPING DATE: july 19, 1988 Bids were received at 3:00 p.m. on July 18th in the Purchasing Department for the installation of 4, 700 linear feet of connec- tive piping for the new golf course wells. There were a total of ten plan holders with six bidders presenting offers for this work. We are pleased to report that three bidders were very near and the lowest bidder is Onontario of Palm Beach at $251,817.45. The bid spread sheets are attached for your review. Funds are available for this element of the golf course wells in the Revenue Bonds. We recommend award of the bid to Onontario with notice to proceed with the City Attorney's office and the Pur- j ^ /' " ",' ^ RSP:nmt t3-D Russell & Axon, Inc. (r \ \:1.. i \' .~' / ~-' <>-,...... Established in 1920 July 19,1988 Mr. Robert S.Pontek Director of Public Utilities 200 N.W. 1st Avenue Delray Beach, FL 33444 \ b. "'it( o!.-(., \'" " <'\ / f1V Subject: Recommendation of Award Raw Water Connector Mains - Part C Delray Beach Project # 88-89 R&A Project # 724K Dear Mr. Pontek: After review of the bids submitted to the City of Delray Beach for the construction of the Raw Water Connector Mains - Part C, the apparent low bidder was Onontario of Palm Beach, Inc. The low bid amount was $251,817.45 as shown on the attached Bid Tabulation. Therefore, it is the recommendation of Russell & Axon, Inc. that Onontario of Palm Beach, Inc. be awarded the contract for the construction of the Raw Water Mains - Part C in the amount of $251,817.45. Sincerely, RUSSELL & AXON, INC. {~4s~~. MAS/mlb cc: File DK-16 (enclosure) 9." BROKEN SOIlND PARKW A y, N,W,. SUITE 115. BOCA RA rON, FLORIDA 334M7. 407' 994'9701 . 4()7 73l,7550 . 'RAW WATER CONl'T~CTOR MAINS for CITY of DELRAY BEACH Russell & Axon, Inc. ENGINEERS. ARCHITECTS. PLANNERS BID OPENING DATE: JULY 18,1988 Sine. 1920 NGINEER'S PROJECT NO, 001Z~ PART C Suite 115 951 Breeon Sound POI'kwav, N.W. Boe. Rllton. Florida 33487 407/994.9701 4071732.7550 :1 <?BRIEF ~ <S'O~ BIDDER'S NAME BID BOND COMPANY: I BID AMOUNT :;-.,0 -?> 1'0..1; '--'- - - ... -- - - -, ONONTARIO OF * $251,817,45 PALM BEACH , - >il GATEWAY CONSTRUCTION $377 ,169,00 0 Z < " ' Z >il ALL-RITE ENGINEERING E-< ~ CONTRACTORS INC, ~ p.. p.. < A,O,B, UNDERGROUND Q Z < >il MADSEN/BARR CORP. p.. ....... p.. >il BELVEDERE CONST. CO. $272,659.20 s:>:: ~ UJ . UJ >il ~ p.. MAN CON $411,944,85 >il Z >il ....:l >< UNDERGROUND :r: E-< INDUSTRIES $278,254,50 >il ~ 0 VICON CONSTRUCTION CO p.. SOLO CONSTRUCTION CO, $331,090.00 * Corrected Amount CITY OF DELAAY JiR[H .,'-. :. ,.1,,' MEMORANDUM THRU: Frank spence, Development Services Group ~7{-~ U~ Director TO: Walter o. Barry, City Manager FROM: Gerald B. Church, P.E., Acting Director PW/City Engineer SUBJECT: 1988 STREET RESURFACING PROJECT 'DATE: July 22, 1988 A field inspection was made of the streets proposed to be resurfaced under the contract to be awarded to Hardrives of Delray. Following this tour an assessment of additions and deletions to the contract amounted to an approximate five percent increase in the contract. It is expected the work can be accomplished within the original funding recommendation which includes a contingency above the quantity estimate. Separately we propose to include the driveway to the concession stand at Pompey Park from the Parks and Recreation budget. The estimated cost for this improvement will be $4,500. It may be noted that no streets are listed within the northwest section between Lake Ida Road and Atlantic Avenue from 1-95 east to N.W. 2nd Avenue. Future storm improvements will be made in this area and it is not prudent to expend monies at this time when storm improvements are scheduled. This area will be considered for the 1989 Resurfacing Program. Attachment , , ,do i\l"r~c';o ~3-E STREET Ilene Ct. NW 11th St. SW 6th Ave. Ibis Dr. Heron Dr. Brant Dr. Palm Ct. SE 1st Ave. 'Miramar Dr. NE 5th St. NW l8th St. NW 4th Ave. NW 4th Ave. Gardenia Terrace Lake Dr. NE 2200 St. NW 16th St. Enfield Rd. Laing St. Lake Dr. NE 8th St. Blue Jay Turn Bikepath along A-I-A 1988 STREET RESURFACING PROGRAM LIMITS Congress Ave. to west end Lake Dr. to NW 4th Ave. . Atlantic Ave. to SW 4th SL Albatross Rd. to Curlew Rd. Albatross Rd. to Curlew Rd. Avocet Rd. to Lindell Blvd. NE 2nd Ave. to NE 8th St. SE 4th St. to south end Venetian Dr. to A-l-A NE 7th Ave. to east end Lake Dr. to swinton Ave. NW 7th St. to NW 15th St. NW 16th St. to NW 18th St. NW 6th Ave. to NW 8th Ave. NW 17th St. to NW 18th St. NE 2nd Ave. to NE 3rd Ave. SWinton Ave. to NW 4th Ave. NW 4th Ave. to Aylesbw:y Rd. Andrews Ave. to A-I-A NW 11th Ave. to NW 12th Ave. Swinton Ave. to FOC R.R. Brant Dr. to Lindell Blvd. Linton Blvd. to Bucida Rd. ReVised 7/20/88 LENGTH 350' 1000' 2600' 1700' 2200' 900' 350' 700' 1000' 1000' 1700' 2500' 700' 650' 400' 1350' 1300' 550' 700' 750' 1600' 300' 4600' MEMORANDUM I From: Ted Glas- Purchasing Director To: Robert A, Barcinski- Asst, City Manager/Management Services Date: June 28, 1988 Subject: Bids on 1988 Street Resurfacing Project: ;88-83 Invitations to Bid were mailed to nine (91 area contractors on May 25, 1988, A legal advertisement was placed in the Palm Beach Post on June I, 1988, Two (2) contractors submitted opening. A Tabulation of Bids bids for the June 24, 1988 bid is attached for Your review. . ' The low bid is 14% under the Engineer's estimate, Following staff analysis and review, it is recommended that the contract be awarded to the low bidder, Hardrives, Inc" at a total cost of $300,510, Per the Budget Director, funding for this project is avail- able in 001-2911-519-60,53 (Resurfacing-Capital Outlay), and in 001-2911-519-60,63 (Streets & Sidewalks-Capital Outlay). flu! ~ Ted Glas Purchasing Director Attachments: Tabulation of Bids Memorandum from Engineering Locations of Resurfacing Program pc: Yvonne Kincaide Gates Castle '" '" :r '" 00 '" ,." '" .. '" c.. '" " '" :r ~ '" ~ j i I! i ~ i ~ i i ; ~ ~ : ~ ~ i ~ I ~~tB~sl~SI~ a~E~~~~i~E Eli ssg/ I ~;;~~~ "''''~...1:l...1:l...z ~I =~ i:e:~:~:~~ ~ ~I ~~ Ig~QZgZg~~ ~ t'"o~~; ~ ~ ~ '" '" t'" ~ ~ ~ I: iin ~ ~ II ! .~ ~ '" ~ ~ ~,~ -' ... ~ .... ..... U1 . . U1 0 o 0 (I> w U1 '" IV .... . ~ g: .... 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U1 o ~ ~ 8 . o o ... w o o . o o 1* ~ "" :5 . 8 ..... '" U1 U1 U1 . o 0 o 0 ..... ~ I'-' ~ '. ~ ~' 0 g g = N o . 8 1* t:" ~ ::> ~ -= 8 . o o ~ '" fi1 N ~ '" 12 ~ '" 12 ... ... :r AI ~j~j~ Z 1fl ~ 1fl i ~.. ~ .. t:f ~~~~~ ... ~ ~ ~ II ... ~ d ~ ~ r'l OJ e; ~ ~ 8 ~ r'l 1* ... ... ~ 1; ('l ~ r'l Z ~ ~. "i i ~ r'l ~ r'l ~ N . 8 ... ... o ~ o o . 8 I: "" . o o \0 o 8 . o o ~ ~ ~ ~ Cl '" = ~ ~ ;! ~ c:l '" ~ ~ ~ ~ w .... ~~ ~ z :;) " CJl . o o IV U1 '" !::, o o . '. o o ~ ~~ ~ ~ c ... w ~ . .... "" "" ~~ ... ; a '" . 8' -; l ~~ f' Ej~ ~ ... N .... W N "" o . 8 ... w ~ . "" o "" ~~ ~ .. '"'''' ~ ~ e:: ; r-F g, ~ I-l 8~;::j ~ ~ . '" ~ ~ ~ ... v. o o . o o .. = ... '" !i . ... CD CD I CD W - \0 CD ... ~ ~ ~ ~ ~ ('l ~ i'5 ... '" o c.. r'l Q t N ~ I ... \0 CD CD w " o o ... . :J: . MEMORANDUM FROM: Wal~~~:it~~Manager Frank R. Spence - Interim Director - Development Services Group TO: SUBJECT: AWARD OF CONTRACT - NE 1ST STREET STORM DRAINAGE PROJECT DATE: July 21, 1988 SCOPE OF PROJECT 1. This project is a part of the Downtown Storm Drainage System and has the highest priority because of extensive flooding at NE 2nd Ave and NE 1st St, which is the furthest point of the line which , will drain into the Intracoastal Waterway. 2. Consideration was given to ending the project at NE 4th Ave, deleting this two-block stretch and not going under the FEC railroad track:;;, thus reducing the scope of this project by $150,000 - $200,000. However, this was rejected since it did not correct the worst flooding area. 3. This line will run right under the proposed CRA Parking Facility and must be in place prior to its construction. 4. With the Atlantic Avenue Beautification Project now under construction, it has been determined that a serious flooding problem exists and must be connected at Atlantic Ave and NE 4th Ave. So the one-block link to the NE 1st St. major collection line was added to this project. JUSTIFICATION 1. This project is essential to correct the most serious flooding areas in the downtown area. 2. with Atlantic Avenue already closed and torn up, it is only reasonable and good management practice to construct this link at this time. 3. This line must be installed and in place before the CRA garage can be constructed. RECOMMENDATION . 1. That a contract be awarded to Hardrives of Delray in the amount of $749,763.00. 2. That the primary funding source be the Utility Tax Bond issue, with the full understanding and authorization that this fund will be reimbursed for the NE 4th Ave/Atlantic Ave link from the Atlantic Avenue Beautification portion of this bond fund (not to exceed $100,000). Since there is only $350,000 committed to this project, available funds from other authorized yet unfinished projects in the bond issue would be completed from other funding sources like the CIP fund and other budgeted Public Works projects. FRS:DQ '3-F DEPAR MENTAL CORRESPONDENCE, \ FRoMfjj{erald B, Church, P,E" Acting Director of Public Wu"ks/City Engineer CITY DF DELRAY BEA[H ~(i TO Walter 0, Barry, City Manager AWARD OF CONTRACT SUBJECT N, E, 1ST STREET STORM DRAINAGE PROJECT ',,;r' 7/19/88 On May 24th, bids were received for the subject project, The low base bid was submitted by Hardrives of Delray in the amount of $749,763,00, The engineer's estimate, by Barker, Osha and Anderson, Inc" was $630,700,00, Attached is a copy of the Tabulation of Bids along with the Engineer's Estimate, The N. E, 1st Street Drainage Project was included in the Storm Drainage Improve- ment in the Utility Tax Bond Issue, It is a portion of the Downtown Storm Drain- age System which was considered the highest priority because of extensive flooding at N, E. 2nd Avenue and N, E. 1st Street, The storm sewer originates at the Intracoastal Waterway and extends west, 6n N. E, 1st Street to N, E. 2nd Avenue, The original drainage shed did not extend to Atlantic Avenue, During the design phase, the City requested that the drainage at Atlantic Avenue and 4th Avenue be incorporated into the N. E. 1st Street Drainage Project, if feasible, The reason was to correct a serious flooding problem at that location, which was felt war- ranted since the Atlantic Avenue Beautification Project was authorized, A storm sewer extension was subsequently added ~ N, E, 4th Avenue extending into Atlantic Avenue, The base bid of $749,763.00 includes the storm sewer extension to Atlantic Avenue. It is recommended that a contract be awarded to Hardrives of Delray in the amount of $749,763.00, with the funding source to be from the Utility Tax Bond for the Storm Drainage Improvements and Atlantic Avenue Beautificaiton, , / ;tiE ;",r 57 57ok'M' OPA/M4C;c PRdJ'Z;;r (1'-11:'0# /;1/TRAQ:7A5T,-I,(. 11';1TC-Ptr4/ /t!'#c ;?'"' 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G~. -.... .... \- Ho..' . ~'T 'r _l . / ~ c:;, Hi 1? 11'1.1' 1'11,1,\ - '.- :AVI:. j,,,,' C."fC-' , > 3~L ~Q V;~;~ ~fl:~ 'I I. " <(E~( ~c-;;;<t. - ,- ST ~ ';:........0' 1: . s: '" Mt 'mJar Of W W ... "'-0 ~ 0 I > > 1 c.......c r.; cD ) N <! <t: ,....~ ~ ~ (3 Coconut' ,ow 2 5T :. ;:.i In~rah.", Ave ~'I / ~ g ~ lOcean ~ :::: :;; M", +', e~ ~ f. ~ Na...1u s'yeo, & 3 >i' '-,p<-! , '-~ Bil)' I S.~. ~ l,.;.J ~:: ~ .... .wllt I Lantjer ~ (j (I? 4 :J: ~ H",,, II 1 ~. C:J SE 15TCa"~~~ra Rrl--l~r' I . SE 5 ST\ J 1t~t-.~lflU~'d1 9' j SE 6 5T wD1 ~.~ > " -'-yFid I L iii''''' ~",lal.u,\'1',1 1<: &: '" Ii " M E M 0 RAN DUM To: Robert A, Barcinski- Asst, City Manager/Management Services From: Ted Glas- Purchasing Director Date: July 15, 1988 Subject: Bids on Storm Darinage System; Bid #88-74 Invitations to Bid were mailed to twenty 120) area contractors by the engineering firm, Baker, Osha, & Anderson, Inc" A legal avdertisment was placed in the Palm Beach Post on May 8, 1988. Four (4) contractors submitted bids at the May 24, 1988 bid opening. A Tabulation of Bids is attached for your review, The low bidder for both the base bid and the alternate bid is Hardrives of Delray, Inc, Mr, Gerry Church will submit his recommendation on a reduced scope of work because of budgetary constraints. tI-4! ~ Ted Glas Purchasing Director Attachment: Tabulation of Bids pc: Gerry Church ,~ - .,. , 0 2' 0 ~I 0 0 0 0 0 0 0) - z u 0 0 0 0 0 0 0 0 0 " :: 2 ~ 0 .; N .,; - M 0 0, 0 co co co u.. '" N m N 0 '" '" co "- co '" . III .,. N :'l; '" "- "': '" .,. 0 ~ '" '" 0 >- z . , ~ N ~ ...; ...; :: ~ "- '" M '" "- ~ .., ... M N - N N co N ... .. ... :E ~ 0 >- co u ... II) co - ... '- '" c:i "" 0 N '" '- : '" z w I: 0 0 0 0 0 0 0 0 0 0 w '" 0 0 0 0 0 0 0 0 0 0 '" .,; a:: w ..... .,. '" '" ..; M .,. ..; .,; .,. ... -u "- co '" N M .... .,. 0 '" - ~ .... z- - - .,. - N - - w 0 :I: 1-- n. w u W .... W u 0 a:: ~ :I: '" n. 0 (/) "', ~ 0 0 0 0 0 0 0 0 0 '" '" 0 .,. 0 N '" .,. 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W '" "" "" >- .... ... - >- >- < '" X --' W "" e ... 0 Vl "" ....W ,. ... -u '" ~a: e '" a.. < X ~ .... z <( :::I 0 "" --' ~ => e "" x u '" ~ Vl ,. ... --' I~ Vl ;; => I" --' 0 S:i U I- Z e ... Z e ;;;", 0 "" 0:: ... l- I- "" U ~ ~ "" --' "" ~ --' => '" <'" "- Z e '" Z :::I!! ~X '" 0 "" 0 0 ;: X U ~ ~ g u u . 0 "" Vl . <~ --' --' () < "- Vl I~ X ... '" '" l- I- 0 "" Z U '" - ;; t.O , --' 0 '" '" < '" '" :z: "- Vl => ... I~ '" Vl ... e "" e "" " I- 0 0 :z: I- ... l- I- 0 ~ !~ '" Vl '" >- >- e ;: '" < < ... '" e e '" "" 0 z 0< z8 "'''' "'0 1---' '" ... >- '" X ""u t.O< < "" Z '" ... ::2>- e02 --' '" "" "" e I- ""... ~o "'>- OI- I- ... VlU DEPART 1ENTAL CORRESPONDENCE TO Walter O. Barry, City Manager CITY DF DELRAY BEAtH .~~-~ ~I FKOM~,'DaVid M. Huddleston, Director of Finance :;UBJECT Banking Services for 1988 Water and Sewer Bond Background 07-21-88 d6-~~ On July 6, 1988, the City sent a Request for Proposal to eight financial institutions requesting interested parties to submit proposals to serve as: 1. The City's paying agent and bond registrar 2. Escrow agent for the approved 1988 $30,000,000 Water and Sewer Revenue Bond Issue. The following banks submitted p.m. July 15, 1988 deadline. individually or on a combined sealed proposals in compliance with the 2:00 The City reserved the right to award the bids basis. Barnett Bank and Trust Company Citizens and Southern Bank Florida National Bank Midlantic National Bank NCNB National Bank Sun Bank, N.A. The attached schedule reflects a summary of fees for the above mentioned services. Recommendation I recommend that the low bidder, Citizens and Southern, be appointed to serve as paying agent and registrar and the low bidder, Midlantic National Bank, be appointed as the escrow agent by the Commission for the approved 1988 $30,000,000 Water and Sewer Revenue Bond. Both satisfy the minimum requirements and Midlantic National Bank currently acts as escrow agent for the 1984 Water and Sewer Bond Issue. DMH/rso/sam cc: Becky O'Connor, Treasurer ~ ::67 T, , ': ~ '")r:-~ T A l_'.,\/\ YS M 1-\ TTEn.> ~3-H l . ~ co '" Ul UJ ~ ~ ~ z ~ ..:;) 0:: ~~ ~ ~ ~ ~ 7.: :z "'~ ~ = ~ .. "" '" ~ <> ~"" =- (...;a ~'" ~ ~ eQ ;;;:~ ,r "" ~ << ~ '" <:r !--, ::;;c:~ ,U = '" ~ ~ "" L ~ ~ '" << ~ ~ = "" .. ~_ (.0 .. '" "" -, ~ ~ << <> n. ,~ "" '" '" ~. 1-- U) ~ " ~ ~. ~ X ~ " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " , z .. "" ~ ~ ~ .. "" "" "" _--J ::..:: .. .. 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First Street, Suite 4 Delray Beach, ~lorida 33483 Dear Mr. Kurtz: Subject: Results of July 22, 1988, Bid Opening for the Construction of the Contamination Treatment System for the 20-Series Well Field The bid opening for the referenced project was conducted at our Deerfield Beach office on Friday, July 22, 1988, at 10:00 a.m. in the presence of the following representatives: I. Garrick Hart with Elkins Industrial Constructors Inc. 2. Jim Folds with Indian River Industrial Contractors, Inc. 3. Jim Daniels with Mechanical & Chemical Company, Inc. 4. Bob Pontek and Ted Glass with the City of Delray Beach, Florida. 5. Mark Morris, Ted Belser, Bob Wright, Greg McIntyre, and Rodolfo Valladares with CH2M HILL The results of the bid opening are recorded on the attached bid tabulation and summarized as follows: CH2M Hill Southeast Florida Office Hillsboro Executive Center North, 800 Fairway Drive, Suite 350 305.426.4008 rr Deertield Beach, Florida 33441 407.7376665 '3- Mr. Jeffery S. Kurtz Page 2 July 22, 1988 SEF24708.A5 Elkins Industrial Constructors Jacksonville, FL Indian River Industrial Constructors Jacksonville, FL Mechanical & Equipment Company Brandon, FL Part I-General $ 86,200,00 $ 75,163.00 $ 149,000.00 Requirements Part 2-Cash Allowance 991,000.00 991,000.00 991,000.00 Part 3-Lump Sum 118,000.00 202,611.00 200,000.00 Part 4-Unit Price 208,278.90 211,805.00 306,110.00 Part 5-Fixed Fee 82,000.00 75,000.00 112,890.00 TOTAL BID AMOUNT $1,485,478.90 $1,555,579.00 $1,759,000.00 The apparent low bidder is Elkins Industrial Constructors, Inc. The total bid amount of $1,485,478.90 falls within the range of the cost estimate prepared by CH2M HILL and pre- sented to the City Commission during the June 14, 1988, Commission meeting. On the basis of the submitted proposal, we recommend that the contract be awarded to Elkins Industrial Constructors. A copy of the proposals from each of the bidders is attached for your information. Sincerely, ~~4~~t Ted L. 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