08-23-88 Regular
'I
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
August 23, 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. Proclamations:
A. John Defendis, Mr. USA Body Builder
B. Delray Beach Lifeguards - Winners in National Lifeguard
Competition
PUBLIC HEARING
5. AMENDMENT TO THE LAND USE MAP FOR CITY OWNED PROPERTY AT MIRAMAR
AND VENETIAN.
PUBLIC HEARINGS - SECOND READING - ENCLAVE ORDINANCES
6. ORDINANCE NO. 92-88: An Ordinance for the annexation of Enclave
49, the Cote d'Azure, located at 2325 South Ocean Boulevard.
7. 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.
8. ORDINANCE NO. 94-88: An Ordinance for the annexation of Enclave
52, located west of Federal Highway, north of Lindell.
9. ORDINANCE NO. 95-88: An Ordinance for the annexation of Enclave
54, located south of the South Delray Shopping Center and Avenue L.
10. ORDINANCE NO. 96-88: An Ordinance for the annexation of Enclave
56, located on the L-3l Canal off Barwick Road.
11. ORDINANCE NO. 97-88: An Ordinance for the annexation of Enclave
57, located in the Windward Palms Subdivision.
12. ORDINANCE NO. 98-88: An Ordinance for the annexation of Enclave
60, located south of Lake Ida Road between 1-95 and the Seaboard RR
tracks.
13. ORDINANCE NO. 99-88: An Ordinance for the annexation of Enclave
64, located immediately west of the Seaboard RR and approximately 750
feet south of the L-32 Canal.
14. 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.
15. 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.
PROCEDURAL ITEMS
16. Comments and Inquiries on Non-Agenda Items:
A. Public
B. Commission
C. City Attorney
D. City Manager
17. Agenda approval.
Action: Motion to approve.
18. Approval of minutes of Regular Meetings of July 26, 1988 and
August 9, 1988 and the Special Meeting of August 2, 1988.
SECOND READINGS (NO PUBLIC HEARINGS)
19. ORDINANCE NO. 60-88: An Ordinance amending the Zoning Code to
provide for a time period for validity of site plan and conditional
use approvals.
20. ORDINANCE NO. 72-88: 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.
2l. ORDINANCE NO. 80-88: An Ordinance annexing property on Atlantic
Avenue at Barwick with initial zoning of ART and PRD-L ( Sherwood
Forest Development).
22. ORDINANCE NO. 102-88: An Ordinance designating the Sundy Feed
Store Building as a Historic Building and authorizing the relocation
to Morikami Park.
23. ORDINANCE NO. 103-88: An Ordinance rezoning land presently zoned
RM-10 to PRD-7 for Hidden Lake Subdivision, off Homewood.
24. ORDINANCE NO. 104-88: An Ordinance amending Chapter 162 "Signs
and Billboards" of the Code of Ordinances to increase the size of
permitted sign face.
25. ORDINANCE NO. 105-88: An Ordinance amending Chapter 162 "Signs
and Billboards" of the Code of Ordinances relative to signs permitted
and regulated in zoning districts.
26. ORDINANCE NO. 106-88: An Ordinance amending Chapter 162 "Signs
and Billboards" of the Code of Ordinances to regulate the size of
signs permitted within special setback areas.
FIRST READINGS
27. ORDINANCE NO. 107-88: An Ordinance rezoning land presently zoned
RM-10 to GC for IandiMarino, located north of Lindell Boulevard
between Dixie Boulevard and Federal Highway. If passed, Public
Hearing September 13th.
28. ORDINANCE NO. 108-88: An Ordinance annexing property on N. W.
4th Avenue between N. W. 13th Street and N. W. 12th Street with
initial zoning of R-l-AA (Byrd) . If passed, Public Hearing September
27th.
29. ORDINANCE NO. 109-88: 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.
REGULAR AGENDA
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30. WAIVER OF ORDINANCE AND APPROVAL - OFF-PREMISE SIGN IN MEDIAN AT
N. E. 2ND AVENUE AND DIXIE BOULEVARD: (Continued from August 9, 1988)
3l. SITE AND DEVELOPMENT PLAN - DELRAY TOWN CENTER: Consider request
for modification of a site and development plan to allow Albertson's
at Delray Town Center, Linton Boulevard and Military Trail.
32. SITE PLAN APPROVAL - HIDDEN LAKE SUBDIVISION: Consider request
for site plan approval for the proposed Hidden Lake Subdivision
located on the west side of Homewood Boulevard between Homewood Lakes
Subdivision and Lago Del Ray.
33. SHERWOOD PLAZA REZONING: Consider request for rezoning from SAD
to GC.
34. SITE AND DEVELOPMENT PLAN - SHERWOOD FOREST DEVELOPMENT: Consider
approval of site and development plan for Sherwood Forest Development,
located on the south side of West Atlantic Avenue between Country Club
Acres and Forest Road.
35. INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA.
36. CONDITIONAL USE PERMIT REQUEST (CU 6-244) : Requesting a
conditional use and site and development plan for the proposed
Atlantic Avenue Car Wash at the southwest corner of Atlantic Avenue
and S. W. 9th Avenue.
37. CITY HALL EXPANSION: Revisit of City Hall expansion plans to
consider Commission Chambers as part of Phase I development.
38. Item Withdrawn.
39. COMMUNITY APPEARANCE BOARD: Consider appointments of two regular
members to the Community Appearance Board to terms ending August 25,
1990.
40. HOMEWOOD BOULEVARD WIDENING BETWEEN LINTON BOULEVARD AND LOWSON
BOULEVARD: Discussion of revised scope of Homewood Boulevard project
and rejection of bids.
4l. LANDSCAPE PLANS FOR SOUTH FEDERAL HIGHWAY BETWEEN LINTON
BOULEVARD AND C-15 CANAL AND HOMEWOOD BOULEVARD: Consider final
approval for landscape plans.
42. REQUEST TO PURCHASE CITY PROPERTY - DEL IDA PARK SUBDIVISION:
Consider request to purchase a portion of Lot 13, Block 4, Swinton
Avenue and Dixie Boulevard.
43. AUBURN TRACE PROPOSAL - PROCACCI DEVELOPMENT COMPANY.
44. HOUSING AND COMMERCIAL REDEVELOPMENT PROPOSAL - BRISCOE
DEVELOPMENT COMPANY.
CONSENT AGENDA
45. FINAL PLAT, PHASE I - SABAL LAKES: Consider request for final
plat approval for Sabal Lakes located on the east side of Barwick
Road, between Lake Ida Road and Ridgewood Road.
46. AWARDS OF BIDS AND CONTRACTS:
A. Purchase of Lot 2, Nichols Second Addition - $45,000 -
Funding to come from Account 337-5163-536-60.11 of the 1984 Water
and Sewer Revenue Bond.
B. Change Order No. 2 - Q & Q, Inc. - $6,465 for Installation
of a Cover and Filtration System to reduce odors generated at the
Sludge Centrifuge Pit located at the South Central Regional
Wastewater Treatment and Disposal Plant with funding to come from
Account 441-5142-536-60.89 of the Wastewater Treatment FY87-88
Capital Outlay Fund.
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C. Change Order No. 2 - Hazen and Sawyer Engineering - $1,200
for design of the Centrifuge Sludge pit Odor Cover to be
installed at the SCRWTD Plant with funding to come from Account
441-5142-536-60.89 of the Wastewater Treatment FY87-88 Capital
Outlay Fund.
D. Housing Rehabilitation Program Funds will come from the
Community Development Housing Rehabilitation Grant Program.
356 S. W. 10th Avenue - Henry Haywood - $9,602
133 S. W. 11th Avenue - Darryl Cook - $15,631
314 N. W. 12th Avenue - Henry Haywood - $13,886
E. Traffic Intersection Improvements - Dixie Boulevard at North
Swinton - Charles W. Whiteside - $16,805 - Funding to come from
Account 001-2911-519-60.63 of the FY87-88 Engineering Budget.
F. Moving City-owned
Company $13,500
118-1963-554-60.23 in
house for Susie Russell - LaPlant-Adair
Funding to come from Account
the FY87-88 Community Development Budget.
G. Change Order No. 1 - PRIME,
from Account 001-1711-524-33.15
Improvement Budget.
Inc. - $9,000 - Funding to come
in the FY87-88 Community
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF AUGUST 23, 1988
DATE: August 19, 1988
PUBLIC HEARING -LAND USE PLAN AMENDMENT
Item No. 5 Land Use Map Amendment. Recommend initiation of an
amendment to the City Land Use Map changing current designation from P
(Public) to MF-15 (Multi-Family) for property owned by the City of
Delray Beach, located at the southeast corner of Miramar and Venetian.
The property was initially purchased for siting of Fire Station No. 2
and was designated a P (Public) on the Land Use Map. The City recently
decided to construct a new fire station just north of the current
facility on Andrews Avenue. As a result this property should be
offered for sale with proceeds used to pay for a portion of the costs
of new Fire Station No.2.
In order to accommodate sale of this property the
map designations must be consistent. The current
thus the corresponding designation for Land Use
MF-15.
zoning and land use
zoning is RM-15,
Plan purposes is
Recommend approval of amendment to the Land
designation of City owned property located at
Miramar and Venetian from P to MF-15.
Use Map changing the
the southeast corner of
PUBLIC HEARINGS- SECOND READING- ENCLAVE ORDINANCES
Item No. 6 (Ordinance No. 92-88) This is a Second 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, known as the Cote d'Azure. 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.
with proposed zoning of RH.
Item No. 7 (Ordinance No. 93-88) This is a Second 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.
92-88 annexing Enclave No. 49
Recommend approval of Ordinance No.
with proposed zoning of RH.
93-88 annexing Enclave No. 51
Item No. 8 (Ordinance No. 94-88) This is a Second 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 sites 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.
proposed zoning of GC.
94-88 annexing Enclave 52 with
Item No. 9 (Ordinance No. 95-88) This is a Second Reading of an
enacting Ordinance for the annexation of Enclave No. 54 which consists
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
,
AGENDA REPORT
Meeting of August 23, 1988
Shopping Center and Avenue L.
service is "A" meaning that
available.
Proposed zoning is
all existing services
RM. The level of
are immediately
Recommend approval of Ordinance No.
with proposed zoning of RM.
Item No. 10 (Ordinance No. 96-88) This is a Second 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.
95-88 annexing Enclave No. 54
Recommend approval of Ordinance No.
with proposed zoning of ART.
Item No. 11 (Ordinance No. 97-88) This is a Second 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 including a lack of fire hydrants. When water and sewer
becomes available, property owners will be charged the appropriate
connection fee. It is anticipated that revenues derived from property
taxes will largely offset additional expenses required otherwise.
96-88 annexing Enclave No. 56
Recommend approval of Ordinance No.
with a proposed zoning of R-1A-B.
Item No. 12 (Ordinance No. 98-88) This is a Second 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 Seaboard Railroad Tracks. 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.
97-88 annexing Enclave No. 57
Recommend approval of Ordinance No. 98-88 annexing Enclave No. 60
with proposed zoning of LI.
Item No. 13 (Ordinance No. 99-88) This is a Second 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 Seaboard
Railroad and approximately 750 feet south of the L-32 Canal. Proposed
zoning is MI. 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.
with proposed zoning of MI.
Item No. 14 (Ordinance No. 100-88) This is a Second 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.
99-88 annexing Enclave No. 64
Recommend approval of Ordinance No. 100-88 annexing Enclave No. 67
with proposed zoning of RM-6 and RM-10.
Item No.
enacting
a vacant
15 (Ordinance No. 101-88) This
Ordinance for the annexation of
10.86 acre parcel of property
is a Second Reading of an
Enclave 70 which consists of
and adjacent canals totalling
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AGENDA REPORT
Meeting of August 23, 1988
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.
with proposed zoning of ART.
101-88 annexing Enclave No.
70
SECOND READINGS- (NO PUBLIC HEARINGS)
Item No. 19 (Ordinance No. 60-88) This is a Second Reading of an
Ordinance amending the zoning code to provided for a time period for
validity of Site Plan and Conditional Use approvals. This change
increases the percentage required before a project is vested to help
assure quality development in a timely manner. Initially 25% of
infrastructure improvements had been proposed. This percentage has
been raised to 75% of infrastructure improvements following Commission
concern that any lesser percent of completion would be a step
backward. This percentage of completion for infrastructure is
distinguished from the percentage completion of the total project. As
such it refers only to streets, sewers, sidewalks, fire hydrants,
etc., not to the total cost of the project buildings and private
improvements.
The phrase "due diligence" is not used in the City Code of Ordinances
at present. The phrase was inserted in the proposed Ordinance to give
the City further flexibility if it became necessary to determine the
status of a project about which some questions might exist. A more
detailed explanation of these items is contained in your agenda
packet.
Recommend adoption of Ordinance 60-88 amending the
provide for a time period of 18 months from approval
Site Plans and Conditional Use approvals.
Zoning Code to
for validity of
Item No. 20 (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. It 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.
Zoning was initially proposed to be GC but this was opposed by the
property owner. The Planning and Zoning Board was asked to revisit
this item and at it's August 15th meeting, recommended application of
SC zoning based upon the owner's agreement to combine the two parcels
through a "Unity of Title" transaction. This transaction, combining
the two lots, will improve the quality of future development at this
site. While SC zoning will allow automotive usage on this east of
Federal tract, in fact the current use is automotive and would have
been allowed in the future in any case.
Because Ordinance No. 72-88 was initially advertised to
zoning, a new ordinance must be drafted and advertised
Reading. As a result this Ordinance should be denied.
apply GC
for First
Recommend denial of Ordinance No. 72-88 annexing Enclave No.
direct City Clerk to prepare a new Ordinance for First
reflecting SC zoning for Enclave No. 45.
Item No. 21 (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. This item has a companion site and
45 and
Reading
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AGENDA REPORT
Meeting of August 23, 1988
development plan which the Commission ,may wish to discuss before
considering annexation of this property.
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.
5. The proposed zoning is consistent (does not conflict) with
the City's Land Use Plan designation of SF for the property.
consistent (does not conflict) with
of AR or the existing use (golf
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. 22 (Ordinance No. 102-88). At your meeting on July 12th the
Commission accepted the Historic Preservation Board's recommendation
to designate the Sundy Feed Store as a Historic Structure. This
Ordinance reflects the Commission's direction and follows the
recommendation of the Historic Preservation Board which conducted a
public hearing on this item on June 9th. The Sundy Feed Store is
located adjacent to the F.E.C. Railroad tracks immediately south of
Meisner Electric. The structure was built in 1912 and was operated by
the town's first Mayor, John Shaw Sundy. Ultimately the structure
will be relocated to Morikami Park.
Recommend approval of Ordinance No. 102-88 designating the Sundy Feed
Store Building as an Historic Structure.
Item No. 23 (Ordinance No. 103-88) At your meeting of June 28th, the
Commission accepted the recommendation of the Planning and Zoning
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AGENDA REPORT
Meeting of August 23, 1988
Board to rezone property located along the west of Homewood Boulevard
between the Homewood Lakes subdivision and Lago Del-Ray from RM-10 to
PRD-7. The rezoning will allow zero lot line housing units on smaller
lots with the "savings" being applied to a larger common open area.
This site and development plan was formally reviewed by the Planning
and Zoning Board on August 15th. And at that time several changes
were made. It would be appropriate for the Commission to discuss the
approved site and development plan before the proposed Hidden Lakes
subdivision prior to rezoning this property.
Recommend approval of Ordinance No.
PRD-7 property known as Hidden
Boulevard.
103-88 rezoning
Lake Subdivision
from
off
RM-10 to
Homewood
Item No. 24 (Ordinance No. 104-88) This is a Second Reading of an
Ordinance amending Chapter 162 "Signs and Billboards" of the Code of
Ordinances to increase the size of permitted sign faces. This item and
the next two Ordinances which follow amend the City's Sign Ordinance
to reflect consensus from your work session on June 21st.
Recommend approval of Ordinance No. 104-88 amending the Code of
Ordinances to increase the size of permitted sign face.
Item No. 25 (Ordinance No. 105-88) This is a Second Reading of an
Ordinance amending Chapter 162 "Signs and Billboards" of the Code of
Ordinances to increase the percentage of building face that a wall
sign may encompass in commercial districts and to reduce the
percentage of building face that a wall sign may encompass in
industrial districts. Current regulations allow shopping centers in
commercial district to use up to 10% of a total wall for sign space;
commercial enterprises, excluding shopping centers up to 15% and
industrial districts 20%. It was the Commission consensus at the
various work shops held on this subject to standardize flat wall signs
throughout the City.
Recommend approval of Ordinance No. 105-88 amending the Sign and
Billboard Ordinance to increase the the percentage of bUilding face
that a wall sign may encompass from 10% in commercial districts and to
reduce the percentage of building face that a wall sign may encompass
from 20% in industrial districts to a standard of 15% total city-wide.
Item No. 26 (Ordinance No. 106-88)
Ordinance amending Chapter 162 "Signs
Ordinances to regulate the size of
setback areas.
This
and
signs
is a Second Reading of an
Billboards" of the Code of
permitted within special
Recommend approval of Ordinance
Ordinance to regulate the size
setback areas.
No. 106-88 amending the
of signs permitted within
Code of
special
FIRST READINGS
Item No. 27 (Ordinance No. 107-88) Request for Rezoning--
IandiMarino (Lindell). Dominic IandiMarino, owner of property north
of Lindell between Dixie and Federal Highway has requested rezoning of
four contiguous parcels from RM-10 to General Commercial (GC). This
rezoning request was before the City Commission previously at which
time you indicated your preference for consolidation of the four lots
into a single parcel prior to affixing the Commercial zoning. The
owner requested reconsideration of that decision indicating it would
create a financial hardship for him.
Staff has met
unable to find
Application of
with the owner and his representatives and have been
a solution which is acceptable to the property owner.
Commercial zoning to each of the four individual
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AGENDA REPORT
Meeting of August 23, 1988
properties will allow four separate commercial enterprises. Assembly
of the parcels into one single entity would limit the potential for
strip commercial at that location.
While the Commission previously has expressed it's reluctance to
rezone these four properties indiVidually, the owner has elected to
proceed with the request which provides him an opportunity for a
formal ordinance presentation to the City Commission. Furthermore, in
order to provide an opportunity for formal public hearing the
ordinance must be preliminarily approved at first reading in order to
advance forward.
Recommend approval of First Reading of Ordinance No. 107-88 rezoning
property owned by Mr. IandiMarino from RM-10 to GC and direct the
City Clerk to advertise for second reading and public hearing.
Item No. 28 (Ordinance No. 108-88) Voluntary Annexation. Property
owner's C. Yancy, III; Peggy R. Byrd; Janh M. and Ann E. Byrd;
C. Brown and Kathleen R. Byrd, represented by Cliff Hertz are
requesting voluntary annexation of a 9.51 acre parcel located at N.W.
4th Avenue between N.W. 12th and 13th Streets with proposed zoning of
R-1AA. The property is contiguous to the City via the residential
single family property to the north and east.
The Planning and Zoning Board at it's August 15th meeting recommended
approval contingent upon the following:
1. That the annexation of this part of Enclave 13 will not
create an enclave(s).
2. That service will
similar to that for
already in the City.
3. That the proposed zoning of
adjacent zoning and complies (does
seventeen standards for evaluating
Section 173.888.
be provided to this property in a manner
similarly situated properties which are
R-1AA is consistent with the
not conflict) with all of the
rezoning requests as found in
4. The proposed zoning
the City's Land Use Plan
property) .
is consistent (does not conflict) with
designation of SF (Single Family for the
When this item appeared before the Planning and Zoning Board on August
15th, there was considerable discussion and public comment about the
potential site development of this tract. Depending upon the site
plan approved and zoning applied, this tract can potentially
accommodate 26 lots with R-1AA zoning. R-1AAA zoning would
accommodate a potential of 17 to 19 lots. Another issue was whether
or not Lake Drive should be extended between N.W. 13th Street and
N.W. 12th Street. Planning and Zoning, Engineering, Public Utility,
and Fire staff strongly support extension of Lake Drive to accommodate
water and sewer service and development compatible with the
neighborhood.
While these site development issues are not specifically a part of the
annexation process, there was public comment expressed at the Planning
and Zoning Board that R-1AAA zoning should be applied. Previously
when annexing individual lots adjacent to R-1AA zoned properties,
requests for R-1AAA were not supported as they would have created a
"checkerboard" zoning pattern. The Byrd property on the other hand,
being 9.51, acres can be distinguished from these previous decisions
should the Commission choose to apply the more restrictive zoning
category.
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AGENDA REPORT
Meeting of August 23, 1988
Recommend a roval of Ordinance No.
advertise for
Item No. 29 (Ordinance No. 109-88) This is a First 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 SC. This is a replacement Ordinance for 72-88 which was considered
under Item 20 earlier in this agenda.
Recommend a roval of Ordinance No.109-88 annexin Enclave No. 45 with
a proposed zoning of SC.
REGULAR AGENDA
Item No. 30 Sign Code Waiver. This item was continued at your August
9th meeting. The Del Ida Homeowners Association through the City's
Historic Preservation Board is requesting a waiver of Section 162.070
of the City's Code governing off-premises signs. The waiver will
allow a sign to be placed in the median at N.E. 2nd Avenue and Dixie
Boulevard. The sign will read "Del Ida Park 1923".
Recommend waiver of
placement of a Del
and Dixie Boulevard.
Section 162.070 of the City's Code to allow
Ida Homeowner Association si n at N.E. 2nd Avenue
Item No. 31 Modification to Approved Site and Development Plan to
Allow for Albertson's at Delray Town Center. Anthony V. Pugliese,
III, owner represented by Doug Feurring is requesting site plan for
Albertson's at Town Center on the northeast corner of Military Trail
and Linton Boulevard. This site plan approval is a major modification
to a previously approved site and development plan. The proposed
usage for this 9.96 acre parcel is a shopping center.
The Planning and Zoning Board at it's August 15th meeting recommended
denial based upon their inability to make proper findings on five of
the ten standards required to be considered when evaluating site and
development plan applications. The standards found not to be met
include:
(B) Intensity of Use. The Board felt that the 16,315 square
feet increase in floor was substantial in that the upward limits
of the Limited Commercial (LC) zone district were already reached
with the existing site plan. They also felt that the change in
use (from boutique to supermarket) presented an unacceptable
increase in intensity of use which is not in keeping with the
"purpose" statement of LC Zone District.
(D) Loading. The Board felt that accommodating a part of the
circulation system for semi-trucks on adjacent property was
inappropriate and further attested to the over-developed nature
of the project.
(E) Screens and Buffers. The Board
(50') buffer which exists on the POC
be continued along the north boundary
to provide appropriate buffering.
felt that the fifty foot
property to the east should
of the LC Property in order
(F) Drainage. The Board felt it inappropriate
retained off-site and the situation further
over-developed nature of the project.
that drainage is
attests to the
- 7 -
AGENDA REPORT
Meeting of August 23, 1988
(J) Overall Assessment. The Board felt that the overall project
was not harmonious with nearby properties as attested by the
public testimony, and felt that its construction would lead to a
lowering of property values of existing residences.
Staff had recommended approval of the revised site plan which was
submitted following discussion before the City Commission several
months earlier. This discussion involved an offer to discuss
settlement of pending litigation which involved the original site plan
submittal. The Commission may wish to seek the City Attorney's advice
as part of the site plan review process.
Recommend consideration
the Delray Town Center
issues involved.
of the
site
Planning and Zoning Board's denial of
lan modification and otential le al
Item No. 32 Site Plan Approval-- Hidden Lakes Subdivision. This is
a request for site plan approval for development of 73 zero lot line
single family units. The Commission previously considered a down
zoning of this property to PRD-7 from RM-10 with the "savings" applied
to a larger common, open area.
The Planning and
approval of the
stipulations:
Zoning Board at it's August 15th meeting recommended
site plan development subject to the following
1. That waiver to the requirement for sidewalks on both sides of
the street be granted and that an attendant reduction to
right-of-way requirement be granted, allowing sidewalks on one
side of the street with the exception of the entrance road and
the eastern leg of the loop road.
2. A variance reducing lot width and setback for the lot located
immediately south of the entrance road be supported before the
Board of Adjustment.
3. As part of the preliminary plat submittal the following items
will be provided:
a. Plans for
Boulevard
Subdivision.
a left
and
turn lane north approach at the Homewood
the entrance of Hidden Lakes
b. Off-site easements to allow connections to the water and
sewer facilities within the Lago Del-Ray subdivision.
c. Limited access easements coinciding with the landscape
buffer treatment along Homewood Boulevard and Casa Way.
d. A plat notation that
between the property line
Homewood Boulevard is the
Homeowners Association".
"maintenance of the landscape area
and the edge of the pavement of
perpetual responsibility of the
e. Verification that the
sufficient to accommodate
this project.
size of the existing lift station is
the additional flow resulting from
f. Easements
streets.
to cover utilities lOcated within private
g. Identification of the private street system and common areas
as individual tracts.
h. Details on the permitting status by Lake Worth Drainage
District and South Florida Water Management District.
- 8 -
AGENDA REPORT
Meeting of August 23, 1988
4. Deletion of Lot No. 7
part of the recreational
additional parking.
5. At least three building elevations be provided and reviewed
by the Community Appearance Board prior to consideration of the
final plat by the City Commission.
so that the area may be developed as
complex, including the provision of
6. Additional landscaping be provided for individual units with
approval by the Community Appearance Board prior to consideration
of the final plat by the City Commission.
7. The agent understands that additional green/buffer area along
the southern perimeter of the site and/or fencing may be required
upon further review.
8. This approval be valid, pursuant to Code Section 173.868 for
eighteen months.
Staff had recommended to the Planning and Zoning Board that each unit
in this zero-lot line development be constructed with a two car garage
and that park benches be added to park areas and a tot lot be provided
in at least one park area. The developer argued persuasively in front
of the Planning and Zoning Board that these installations would raise
costs of their development beyond the market being targeted.
Commission may wish to consider however, that the zero-lot line
approved provides for a reduction in lot frontage and right-of-way
without compensating fully for parking. Additionally, the absence of
a designated tot lot may not be consistent with the Commission's
earlier desire that this not be viewed as an "adult only" community.
Recommend approval of the Hidden Lakes site development plan
with stipulations listed above.
Item No. 33 Request for Rezoning- Sherwood Plaza. This item was
initiated at Commission request and involves an existing facility at
the southeast corner of Congress Avenue and Lowson Boulevard. The
action requested is a determination as to whether or not a rezoning of
Sherwood Plaza should be considered. Sherwood Plaza presently is
zoned SAD. A second issue regards initiation of the rezoning. If the
City initiates a rezoning upon private property, special notice
requirements and an additional mailing are required. When a private
property owner initiates a rezoning, an application, adjacent property
owners list and a filing fee of $825 is required.
The City Commission had previously considered rezoning of this
property from SAD to GC. At that time the rezoning was denied.
Recommend Commission consideration and direction reo initiation of a
rezoning of the Sherwood Plaza from SAD to GC.
Item No. 34
This item is
considered on
made prior to
Site Plan Approval Sherwood Forest Development.
a continuation of a site plan discussion which was
July 23rd and deferred so that modifications could be
final Commission action.
At it's meeting of August 15th the Planning and Zoning Board
recommended approval of the development proposal subject to a number
of stipulations. Representatives of the Hamlet Homeowner's
Association were in attendance at the Planning and Zoning Board and
were supportive of the Board's recommendation.
The Board's approval was subject to a number of determinations They
are as follows:
- 9 -
AGENDA REPORT
Meeting of August 23, 1988
The recommendation is based on the following determinations:
A. That the residential is
golf course development that
and the design standards of
apply; and
sufficiently integrated with the
sufficient open space is provided
the PRD-L zone district do not
B. That the proposed residential development and golf course
development comply with the standards for conditional use and
site plan development based upon analysis of the site plan
revised as of August 11, 1988, and the contents of the staff
reports prepared for the Planning and Zoning Board meetings of
July 18, 1988 and August 15, 1988, and subject to the
conditions contained in the recommended action of approval;
and,
C. That a requirement of 3.5 parking spaces per hole is hereby
established for an Executive Golf Course; and,
D. That the proposed buffer wall along the south property line
provides an appropriate and desirable separation between the
proposed development and existing development and the Planning
and Zoning Board recommends that the Board of Adjustment grant
an approval for the height of said wall; and,
E. There is no further public purpose for the right-of-way
known as Forest Road provided that sufficient replacement
easements for utilities are provided.
F. That sidewalks be required
system and that a reduction of
be granted.
only on one side of the street
right-of-way to forty feet (40')
Approval of the conditional use of a golf course, club house, and
driving range and the granting of an abandonment of Forest Road
and approval of the site and development plan for residential and
golf course development is subject to the following stipulations:
1. That the CC&R(s)
vehicles not be parked
private streets;
provide that
in driveways,
boat
front
and recreational
yards, or on the
2. That documentation is provided, current with the
preliminary plat submission, showing that the dedication for
Forest Road came totally from the property which comprises the
Sherwood Golf Course and is to revert to that property.
3. That C.A.B. approval
plans prior to action on
and Zoning Board and that
be gained for the final landscaping
the preliminary plat by the Planning
said plans include:
a) landscaping for the club house parking lot;
b) the tennis court, playground, and tot lot area and include
the equipment which is to be provided in the tot lot and
playground;
c) all perimeter landscaping;
d) landscape area at the sewer lift station;
e) street tree planting program;
f) typical lot plantings;
- 10 -
AGENDA REPORT
Meeting of August 23, 1988
g) irrigation system including location of irrigation wells;
and,
h) the club house complex elevations.
4. That a traffic study for the new intersection of Barwick
and Atlantic be provided concurrent with the preliminary plat
submission and it address improvements needed at the
intersection and signalization. Further, that the developer is
responsible for providing intersection improvements as required
by the Count Engineer and that he is also responsible for
modifications to the existing signal or its replacement.
5. A utility plan which shows the location of all utilities
(gas, water, sewer, power, telephone, and cable) and their
relationships within the roadway or other easements shall be
provided as a part of the preliminary plat submittal.
6. Impact fees for in lieu park requirements and for the
County road impact system shall be collected pursuant to City
policy.
7. The lift station shall be designed to accommodate flow from
the west and easements shall be provided for sewer main
connections to the west along with access easements over the
road system to the City for water and sewer maintenance
purposes.
8. Dedication for right-of-way along Atlantic Avenue shall be
provided during platting process.
9. That replacement easements for Forest Road must be provided
to any agency or entity which requests them as a prerequisite
to abandonment of Forest Road. These shall include an easement
to the Hamlet for access to, and the repair of, their west
boundary wall and landscaping.
10. The developer shall be responsible for extension of water
and sewer mains, if they have not been provided, to the site
prior to the commencement of construction. In the event that
the mains are provided, the developer may tap into them only
upon payment of a "Benefitted user" charge as assessed by the
Director of Public Utilities. The developer shall loop the
water main to the existing water main in Atlantic in the
vicinity of Forest.
11. One third of
(thus attempting
development).
the
to
lots shall contain three bedroom units
promote the family nature of the
12. That a sewer assessment which addresses downstream
capacity of the sewer system and lift stations be provided as a
part of the preliminary plat submission and if deficiencies are
found, the developer shall be responsible for upgrading the
system to accommodate this development.
13. That platting is required and that a preliminary plat must
be submitted, processed, and approved by the Planning and
Zoning Board prior to any earth work or removal of vegetation
on or from the site. The preliminary plat submission, in
addition to normal requirements and items heretofore listed in
these conditions of approval, shall also contain:
a) a letter from L.W.D.D. regarding the status of permitting;
the location and requirements of right-of-way; and the method
- 11 -
AGENDA REPORT
Meeting of August 23, 1988
in which permission to use L.W.D.D.
accommodated;
fee property will be
b) limits of land to be dedicated for Atlantic Avenue as
determined by the County Engineer;
c) extension of a water main along the Atlantic Avenue
frontage and commitments as to its installation (it may be
necessary to install that portion which will rest beneath the
new intersection concurrent with the construction of the
intersection);
d) fire hydrants shall be located at 500' intervals or as
approved by the Fire Marshall along the private road system;
e) the agreement which places the golf course use in
perpetuity;
f) the agreement which provides for homeowner's rights in the
golf course; and,
g) building location layouts for those lots which have been
identified in the July 18th and August 15th staff reports as
having potential setback or lot line problems.
14. That the south boundary wall shall be at a height of six
feet (6') from the finished grade of the Sherwood Forest lots.
If a variance to allow the wall at this height is not granted
by the Board of Adjustment, this item of buffering along the
south perimeter shall be revisted by the Planning and Zoning
Board.
15. That if at the time of platting it is determined that
there are conflicts between areas required for landscaping,
utilities, and lot development adequate provision shall first
be made for landscaping and utility installations.
16. That a single story limitation shall be placed on
lots within the development by the Board of the
Homeowners Association.
any ten
Hamlet
17. That a mature tree (12 to 15 feet of height at time of
planting) shall be located in the rear yard of each lot (on the
southern perimeter only).
18. That the conditional use and site plan approvals shall be
valid for a period of eighteen months following City Commission
approval. The site and development plan shall be vested
pursuant to Code Section 173.868. The abandonment of Forest
Road shall be accommodated immediately preceding action on the
final plat.
The City Engineer has strongly recommended against reducing the
right-of-way width for this project which may well create a number of
traffic and development problems in the future. A memo from the
Engineer detailing his concern is contained in your agenda packet. If
the Commission is satisfied that all other aspects of development are
satisfactory, the right-of-way width may be over looked. If on the
other hand, other issues remain then the right-of-way questions should
be addressed as well.
Recommend approval of the development proposal for Sherwood Forest
based on the determinations and stipulations stated above.
Item No. 35 Interlocal Agreement
Redevelopment Agency (CRA). This
Between the City and the Community
is an interlocal agreement between
- 12 -
AGENDA REPORT
Meeting of August 23, 1988
the City and the CRA which establishes a Line of Credit up to $300,000
for the benefit of the CRA in connection with the construction of a
parking garage of approximately 400 spaces and related facilities.
The CRA plans to draw upon the line of credit to assist in the
payments of the interest charges associated with their proposed
borrowing of approximately $3,500,000.
The CRA's current revenues may not be sufficient to pay full debit
service on their borrowings for a period of three to five years.
After that period the CRA anticipates to have sufficient revenues to
refinance so that they may repay the City for the draws on the line of
credit.
Recomemnd approval of a Interlocal Agreement between the City of
Delray Beach and the Community Redevelopment Agency.
Item No. 36 Conditional Use Permit Request (CU 6-244). Carl Monte
has requested a Conditional Use and Attendant Site Plan for property
located on the southwest corner of Atlantic Avenue and S.W. 9th
Avenue. The proposed use for this .64 acre parcel is a car wash in
addition to existing laundromat and convenient store facilities.
The Planning and Zoning Board at it's August 15th meeting recommended
denial of the Conditional Use based on it's inconsistency with
anticipated future development along Atlantic Avenue. The Community
Redevelopment Agency had previously reviewed the Conditional Use
request and recommended denial as well.
Recommend denial of Conditional Use (CU 6-244).
Item No. 37 City Hall Expansion. Representatives from Digby Bridges,
Marsh and Associates will be present Tuesday evening to discuss adding
additional construction elements to Phase I of the City Hall
expansion. This would allow for construction of Commission Chambers
along the south side of the building facilitating the conduct of
Commission and Board business, while at the same time allowing for the
consolidation of the Development Services departments.
Item No.
38 Withdrawn.
Item No. 39 Appointment of two members to the Community Appearance
Board. Applications have been received from:
Sandra Williamson Almy
*Kim Delastatious
Lillian E. Feldman
Alice H. Finst
Carol Foster
Mark L. Krall
M. Mark Marsh
Debora Turner Oster
Mildred Scherer
Desiree L. Snyder
* Currently a Board member and request reappointment.
Recommend Commission appointment of two members to the Community
Appearance Board for terms ending August 25th, 1990.
Item No. 40 Homewood Boulevard Widening between Linton Boulevard and
Lowson. This project has a long history extending back to the fall of
1987. It was believed following initial meetings early this summer,
that concurrance with a construction schedule and plan were in place.
Following receipt of bids for this project and review of the work with
representatives of the Pines of Delray and the Pines of Delray West
Homeowners' Associations, specific objections were raised to a number
- 13 -
AGENDA REPORT
Meeting of August 23, 1988
of portions of the
drainage, removal
easements.
proposed work.
of existing
These included utilization of swale
hedges, and the grant of sidewalk
At a subsequent meeting of the Homeowners, it was determined that the
plan should include widening of the east lane of Homewood Boulevard
24" with a curb and gutter with sidewalk adjacent to the widened east
lane. Additionally, drainage plans for Black Olive Boulevard will
include swales in the grass areas and inlets at the intersections.
There were other minor changes as well which are detailed in the
transmittal memo in your agenda packet. In any case, because of the
changed scope of work, the project must be redesigned as it is beyond
that originally bid.
Recommend rejection of bids received on July 29th for widening of
Homewood Boulevard and authorize a re-bid of this project as modified.
Item No. 41 Landscape Plans- South Federal Highway. Plans have been
completed for that portion of the beautification program on South
Federal Highway between Linton Boulevard and the C-15 Canal and for
Homewood Boulevard. Pending Commission approval of the plans, these
projects can move forward, Homewood almost immediately. We are still
waiting on approval of language for our permit and maintenance
agreements with F.D.O.T. The City Attorney's Office has been in
contact with F.D.O.T. and we anticipate moving forward quickly.
Plans for the landscaping
have been attached to the
implementation plan and a
F.D.O.T.. are included also.
Item No. 42 Purchase of City Property- Del Ida Park Subdivision.
We've received a request from an adjacent property owner to purchase
the remainder of City property which will be left following
construction of a cul-de-sac at Swinton and Dixie Boulevard. This
cul-de-sac is designed to eliminate through traffic on Dixie as it
traverses the Del Ida neighborhood area. Only a portion of the lot
was required for road improvement.
along South Federal and Homewood Boulevard
agenda packet. A copy of the modified
letter from the City Attorney's Office to
City staff has reviewed the requirements of the City and have
determined that approximately 5,200 square feet of the original 12,800
square feet purchased is considered excess. A detailed map is
included in your agenda packet.
Recommend approval to advertise the sale of the north 60" of Lot 13,
Block 4 of Del Ida Park Subdivision subject to a restriction that the
residual parcel not be used as a building site.
Item No. 43 Auburn Trace Proposal. The City recently received a
modified proposal from Procacci Development Corp. and the Palm Beach
County Housing Partnership to construct 256 units on the site proposed
for the Auburn Trace Housing Development. This proposal is
considerably different than the 368 unit mUlti-family development
proposed earlier. A comparison between the two proposals is contained
in a memo from the Director of Community Improvement, which is
included in your agenda packet.
At a minimum the revised site plan does not take into consideration
the location of existing water mains, proposed new water mains,
utility easements, and overhead power lines and poles. As a result
the final site plan may be substantially different than what is shown
and is, as a result difficult to review. Other changes to the
proposal make it less financially attractive to the City, involving a
reduction in payment to the City for land costs and modifications to
the Developer'S payment schedule to the City for repayment of the
- 14 -
AGENDA REPORT
Meeting of August 23, 1988
City's 20% match. Very importantly, a number of on-site amenities
(day care, pools and recreations facilities) have been eliminated.
The revised proposal does address the density issue identified by the
Commission, however, the reduced number of units lowers the income and
effects the developments amenities package considerably. An analysis
of the fiscal impact prepared by the Finance Director will follow.
There are significant enough
package and fiscal impact of
recommendation at this time.
questions about the site plan, amenities
this revised project to preclude a staff
Recommend Commission
proposal submitted b
Housing Partnership.
consideration of the revised Auburn Trace Housing
Proccaci Develo ment Cor . and Palm Beach Count
Item No. 44 Housing and Commercial Redevelopment Proposal--Leonard
Briscoe. The time frame within which the City must respond to the
Housing Urban Development Department (HUD) regarding the City's UDAG
Grant is tightening. At the same time we have been approached by a
second development Company, Briscoe Development Company, to consider a
proposal which includes housing, commercial, and redevelopment of
Carver Estates. Leonard Briscoe requested an opportunity to present
his proposal before the Commission. I believe this would be
advantageous given the time frame within which we to operate if in
fact we are to accept the UDAG Grant.
CONSENT AGENDA
Item No. 45 Final Plat for Phase 1-- Sabal Lakes Subdivision. Pulte
Home Corporation represented by Dawn C. Sonneborn is requesting
final plat approval for the Sabal Lakes subdivision located on the
east side of Barwick Road between Lake Ida and Ridgewood Road. This
38.408 acre parcel is zoned PRD-L. This tract will include 117
individual single family lots, three park tracts and a water
management tract.
A preliminary master plat of the 114.20 acre subdivison was heard by
the Planning and Zoning Board at it's meeting of July 18th.
Consideration of the final plat for Phase I of the development was
considered by the Planning and Zoning Board at it's August 15th
meeting. The Planning and Zoning Board approved the preliminary plat
for Phase I subject to the following conditions:
The the Commission grant a waiver to allow the construction of
the model units prior to the recordation of the plat.
That the full cost of extending the 12" water main from its
present point of termination to the eastern property line near
Lone Pine be borne by the developer and that this be reflected in
the financial guarantee provided for this improvement.
That prior to the execution of the plat, permits from
S.F.W.M.D, the County Health Department and Palm
obtained and revised plans submitted to address
identified under the technical code requirements and
plan sections of this report.
L.W.D.D. ,
Beach be
the items
engineering
That prior
agreements
be accepted
to consideration by the
and financial guarantees
by the City Engineer.
City CommiSSion, improvement
for public improvements must
Recommend a roval of the final lat for Phase I Sabal Lakes and
authorize the Mayor to sign the mylar.
- 15 -
AGENDA REPORT
Meeting of August 23, 1988
46. AWARDS OF BIDS AND CONTRACTS:
A. Purchase of Lot 2, Nichols Second Addition - $45,000 _
Funding to come from Account 337-5163-536-60.11 in the 1984 Water
and Sewer Revenue Bond Fund.
B. Change Order No. 2 - Q & Q, Inc. - $6,465 for Installation
of a Cover and Filtraiton System to reduce Odors generated at the
Sludge Centrifuge Pit located at the South Central Regional
Wastewater Treatment and Disposal Plant with funding to come from
Account 441-5142-536-60.89 in the Wastewater Treatment FY87/88
Capital Outlay Fund.
C. Change Order No.2' Hazen and Sawyer Engineering- $1,200 for
design of the Centrifuge Sludge Pit Odor Cover to be installed at
the S.C.R.W.T.D. Plant with funding to come from Accpimt
441-5142-536-60.89 in the Wastewater Treatment FY87/88 Capital
Outlay Fund.
D. Housing Rehabilitation Program - With funding to come from
the Community Development Housing Rehabilitation Grant Program.
356 S. W. 10th Avenue - Henry Haywood - $9,602
133 S. W. 11th Avenue - Darryl Cook - $15,631
314 N. W. 12th Avenue - Henry Haywood - $13,886
E., Traffic Intersection Improvements - Dixie Boulevard at North
Swinton - Charles W. Whiteside - $16,805 - With funding to come
from Account 001-2911-519-60.63 of the FY87/88 Engineering
Budget.
F. Moving City-owned house for Susie Russell - LaPlant-Adair
Company $13,500 With funding to come from Account
118-1963-554-60.23 in the FY87/88 Community Development Budget.
G. Change Order No.
come from Account
Improvement Budget.
1 - PRIME, Inc. - $9,000 - With funding to
001-1711-524-33.15 in the FY87/88 Community
- 16 -
August 19, 1988
MANAGER'S REPORT
Following action
for advertising on
ordinances will be
on ordinances in this week's agenda, the procedure
all ordinances will once again be consistent. All
advertised for Public Hearing on Second Reading.
The Department of Transportation has scheduled a pre-construction
meeting regarding the Atlantic Avenue bridge for August 26th. They
have provided us a schedule which includes the beginning of
sandblasting on August 29th. This is expected to take approximately
one week. Once completed, the bridge will close for 60 days with a
November 4th completion date targeted. It is possible that only one
lane will be involved in the closure depending upon the amount of
damage that is uncovered once the work gets underway.
The Purchasing Department has reviewed the practices and procedure
used by other area cities to obtain emergency services. It appears
that our policy is not inconsistent with those of other cities,
however, nothing is specifically stated in our Purchasing Ordinance in
the Municipal Code. Following review of this information by the City
Attorney we can develop options for the Commission to consider for
purchases in an emergency situation which exceed the Manager's
authority to authorize.
The Atlantic Avenue beautification project is moving along nicely.
The storm sewer work has been completed at 1st Avenue and 2nd Avenue.
Storm sewer work is approximately 50% complete at 4th Avenue at this
time. When that intersection is completed, all storm sewer work will
be finished for this first phase of the project.
A new water main has been installed from Swinton Avenue to 1st Avenue
and a segment of the water main between the FEC Railroad track and 5th
Avenue will be replaced. Installation of the water main between 1st
and Swinton took longer than expected. Approximately 400 feet of new
water main was involved which required 18 calendar days of work.
Fifteen of these days were spent in testing, four of which were
actually retests which resulted from some vandalism which occurred
during construction. We have confirmed that the water main between
the FEC Railroad and 5th Avenue is too shallow and will require
replacement. This is approximately 600 feet of new water main. It is
expected to go more smoothly now that the first phase of work has been
completed. Six inch water main stubs at side streets have been
provided for future expansion, and as mentioned previously, new valves
and fire hydrants have been installed.
Concrete curb and gutter has been installed and is 90% complete
between Swinton and 2nd Avenue. Paver block sidewalks are virtually
complete on the north side of the block between Swinton and 1st and
has now begun for the south side of that block of renovation. Street
light bases and electrical conduit installation as well as irrigation
lines are approximately 80% complete between Swinton and 2nd Avenue.
Construction began on the downtown project July 8th and has now been
underway for five weeks. We are still on schedule to complete all
work by December 1st with the exception of the sign package, which has
been eliminated pending additional review by the City Commission
following completion of this first phase of the project. We expect to
have Atlantic Avenue paved between Swinton and 2nd Avenue by August
26th with sidewalks in place by August 31st.
The staff has
and Historic
Feed Store.
been in touch with representatives from Morikami Park
Preservation Board regarding the relocation of the Sundy
They expect the relocation to take approximately one to
Manager's Report
08/19/88
Page 2
two years and are presently reviewing three sites at the park. We
expressed concern about preserving the building and the risks involved
at the present location for that period of time. The Historic
Preservation Board and The Morikami will be contacting appropriate
Palm Beach County and Agricultural Committee members to see if the
process can be speeded up.
At your last regular Commission meeting, a number of status reports
were requested. A number of responses were included in last week's
report. I have attached several others including landscaping adjacent
to the east side of S. W. 10th Avenue, Kettlehut's application for
grants and additional funding, relocation of trees from Atlantic
Avenue, and business and vendors on annexed City property.
Staff will begin extending the north end of the beach dune line at an
angle that does not allow sand to blow across the roadway. We will
still provide access for beach maintenance needs. This is scheduled
for completion by the first week of September.
The owners of Marina Delray have begun a major renovation for new use
of that facility. The manager indicates they will be eliminating the
bar and lounge area and modifying the target clientele to eliminate
some of the problems we have experienced more recently. It is
anticipated that when the facility reopens it will be as a monthly
apartment/hotel use. In a related manner we checked with the new
owners regarding a boat which was thought to possibly be involved in a
charter. Our inspectors have found no evidence that the boat which
does belong to the new owners is being used for anything other than as
a pleasure craft. There was a problem in the past with another boat
that was being chartered out of that marina, but following
prosecution, that use ceased.
I have attached a letter of
Committee from Jay Slavin. She
Beach Housing Authority, and, by
resignation from the Human Relations
was recently appointed to the Delray
law, could not serve on two boards.
We recently received a request to consider adding fluoride to our
water. I have asked Utilities people to work with our Consulting
Engineers, Post, Buckley, Schuh & Jernigan to identify capital costs
and associated operating costs to treat our City water with fluoride.
When that information is received, I will forward it to the Commission
for your information.
We are advertising for Police Officers and have attached a copy of the
recruitment material for your information.
City staff have been in touch with the District Permits
FDOT regarding permit language for our beautification
addition, the City Attorney has written FDOT on the
requesting a status update on contract language. I have
letter and memorandum on this topic for your information.
Engineer for
project. In
same topic
attached a
As a result of the need to rebid our Linton Avenue Beautification
element, the time schedule for the overall beautification project has
been adjusted. We will be bidding landscaping and irrigation
components separately and, per action by the Commission, will
eliminate bonding requirements for the elements under $200,000. I
have attached a revised time schedule for your information.
I received a copy of correspondence from the Palm Beach County School
Board staff regarding change in the name of N. W. 15th Court in front
of the new Banyan Creek Elementary School. I am not familiar with the
procedure used to request such a name change but have asked staff to
Manager's Report
08/19/88
Page 3
research this. Copy of the correspondence is attached for your
information.
I will be on vacation next Thursday afternoon and Friday, August 25th
and 26th and the following week August 29th and the afternoon of
August 30th through September 2nd. In my absence, Robert Barcinski
;~~ing City ~nager. /
ALft#~
City Manager
WOB:nr
Encl
M E M 0 RAN DUM
To:
Lula Butler, Community Improvements Director
From:
Nancy Davila, Horticulturist/Special Projects Coordinator
Re: LANDSCAPING ADJACENT TO EAST SIDE OF S.W. 10TH AVENUE
Date:
August 11, 1988
When Laver's Internation Plaza was built, they requested
approval to defer landscaping adjacent to S.W. 10th Avenue
Center and CRJ Investments made the road improvements required
of approval. Syncom Holdings, representing Lavers posted a
improvements.
and received
until Delint
as conditions
bond for the
In October of 1987,
back burner, and with
I felt it was time to
clean up that corner.
it was clear to me that the Delint Project was on the
the proposed beautification plans for Linton Boulevard
approach Sync om to go forward with the work needed to
Syncom agreed to install the required landscaping, but,
site, it was apparent that some engineering roadwork
aC,complished, at a minimum, to make the traffic work.
as we visited the
would have to be
Engineering, Syncom and I had a meeting in January to discuss the problems
with the Laver's project. As we delved into it, it turned out that the
project had never been given a certificate of completion by Engineering, and
yet their bonds for the work had expired. Syncom had to go back to their
Engineers and Contractors to get to the bottom of the whole mess, which took
several months.
In March of 1988, Syncom's proposal for completion of work met with
Engineering approval, and at that time they were given 90 days to submit
plans and build the improvements.
Syncom submitted their plans to Engineering and received approval for
construction on July 19, 1988. In conversations with Syncom since that time,
they are projecting that the construction should be completed by the end of
August. I will call them again to see how their schedule is holding up.
As an aside, Mr. Plum from the Carney Bank stopped me in the lobby last
month and told me that the Mayor has indicated to him that not just the east
side of the right-of-way would be addressed, but the west side owned by
Ocean Properties, as well. He further stated that the city would do it. I
have certainly received no direction to address this area. If the right-of-
way is unsighlty, Ocean Properties should be cited through Code Enforcement,
as it is undeveloped property, and the property owner is responsible for the
maintenance of their property to the edge of pavement.
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To:
Lula Butler, Community Improvements Director
From:
Nancy Davila, Horticulturist/ Special Projects Coordinator
Re: STATUS OF KETTELHUT'S APPLICATIONS FOR GRANTS AND ADDITIONAL
FUNDING FOR ROADWAY BEAUTIFICATION PROJECTS
Date:
August 10, 1988
The contract between Kettelhut & Associates and the City of Delray Beach
for additional scope of services to apply for various grants and funding for
roadway beautification was executed at the end of July.
Kettelhut's office has been notified to proceed with the work, however, they
have been advised to finish the details on several of the projects they have
been working on so that we can put those out to bid.
Although we certainly want to apply for the grants as soon as possible, we
also have to maintain our project schedule for the projects funded through
the bond issue, as we have a 3 year window in which to spend the funds, and
over a year has already elapsed.
The xeriscape grant application is in the works now, as it is primarily a
re-write of the application we used last year, we can get that out the door
,fairly soon. Kettelhut's first priority will be to apply for the 1.5 million
dollar funds available through the Highway Beautification Council.
That particular grant through the highway council will match up to 50% of
the money spent for highway beautification. This would not allow us to
extend the beautification further into the interchanges, unless we wanted to
come up with more money. It may be more a situation where we can get
reimbursed for some of the improvements we have already planned. That money,
in turn, could be used to extend the target area.
As soon as Kurt gets back from vacation I will discuss his time schedule for
the various grants in detail and give you an update.
disk:b:ketgrant.sta
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M E M 0 RAN DUM
To:
Lula Butler, Community Improvements Director
From:
Nancy Davila, Horticulturist/Special Projects Coordinator
Re:
RELOCATION OF TREES FROM ATLANTIC AVENUE
Date:
August 10, 1988
As you know,
not part of
strong public
the relocation of the existing trees from Atlantic Avenue was
the original contract, but was made an addendum due to the
sentiment to save them.
In a very short period of time, a decision had to be made regarding an area
where they could be moved. Some of the factors that entered into that
decision were that the location have a source of water, that the trees would
not be moved too great a distance to avoid increased costs for hauling, that
every effort be made to consolidate them in one location to minimize Park's
Department man hours to water the trees, and finally, that they could
,hopefully be placed in a location that would benefit the whole community.
Although several locations were discussed, such as additional vegetation
within the mini-parks at 1-95 and Atlantic, Pineapple Grove Way, screening
for the water plant on Swinton and as street trees on Swinton, none of the
locations seemed as appropriate as the Cason Cottage.
I was asked to prepare the landscape plans for the Cason Cottage and the
Sabal Palms fit in beautifully as they were prevelant in the area at the
time the cottage was built. The first group of Palms was moved to the site
on July 27, 1988 and was planted with the intention of framing the sign. I
was not aware that the sign was scheduled to be moved and as it turned out,
the day after the palms were planted the sign was moved. Obviously, the sign
will have to be moved back to the original location as the palms are right
in the middle of the sign.
Aside from the palms at the corner of the site, the Sabals will be used as
perimeter trees within the first ten feet abutting the sidewalks on N.E. 1st
Street and Swinton Avenue. The Sabals will be planted in groups of three
along the perimeter, and with an additional grouping adjacent to the
building, all 26 Sabal Palms will be utilized at the Cason Cottage site.
I have attached a rough sketch indicating the proposed location of the
Palms.
The
have
park
four Mahogany trees that were in the second block of Atlantic Avenue
been moved to Worthing Park parking lot. They are well suited to the
as the rest of the trees are typically Live Oaks or Mahogany Trees.
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MEMORANDUM
TO:
THRU:
FROM:
DATE:
Walter Barry, City Manager ~
Lula Butler, Community Improvement Directo~~ ~~ ~/
Joyce Desormeau, Occ. Lic. & Sign Administrator~~
August 11, 1988
SUBJECT:
VENDORS AND BUSINESSES ON ANNEXED CITY PROPERTY
Commission direction is requested regarding vendors operating on newly annexed
property.
There are currently hot dog and flower vendors operating on the newly annexed
Dan Burns property at the southeast corner of Linton Blvd. and S.W. 4th Ave.
The vendors are claiming a hardship due to having been issued a vendors permit
under Palm Beach County Roadside Stand and Vendors Ordinance No. 85-38.
It has been suggested the vendors be allowed a small temporary sign
to notify the public of location change of either a 15 or 30 day duration.
Direction is also requested for those businesses requiring an occupational
license due to annexation.
Businesses would currently be charged a half year occupational license fee
from now until October 1st.
/
It is recommended in the spirit of harmony, businesses not be required to
purchase a city occupational license until the annual renewal period,
effective October 1st.
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2601 N. W. 10 Street
Delray Beach, Florida
August 16, 1988
33445
!'\ ~'4,'~_
(',) ~/ i~ 1
Mr. '\{alter O. Barry
City J1anager, Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
!lUG 16 1988
CITY r~6.fJ"II~~-~'~ r,~I:!(
Dear J1r. Barry -
Thank you for your letter of August 10, 1988 informing me that
the City Commission appointed me to the Delray Beach Housing
Authority. I am very pleased and will try to do a good job.
I am, therefore, resighning my position on the Delray Beach
Human Relations Committee. Working on the Human Relations
Committee was a great experience for me. I enjoyed being a part
of the Committee and getting to know the membership. They provided
insight to some problems in the city and taught me a great deal.
I sincerely hope that the members will call on me if there is
anything I can do to help them in their future endeavors.
O:;::i:~
aea~tte Slavin
cc/
cc/
Chairman, Human Relations Committee
City Clerk
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Delray Beach Pollee Department ~ @
300 West Atlantic Avenue. Delray Beach, Florida 33444.3666 -:-. .
(407) 243-7888
CHARLES KILGORE
JOIN THE PROFESSIONALS Chiel 01 Police
OF THE VII 'l11A ~ ""'.....j-J
DELRAY BEACH POLICE DEPARTMENT W\ Of ::;r:: :;:;
THE DELRA Y BEACH POLICE DEPARTMENT IS CURRENTL Y SEEKING CERTIFIED 1'3
APPLICANTS FOR THE POSITION OF POLICE OFFICER
REQUIREMENTS
. 19 Years old
. U.S. Citizen (born or naturalized)
. High school diploma or equivalent
. No felony convictions
. No misdemeanor convictions involving
moral turpitude
. Pass the following
Wrinen examination
Oral interview
Polygraph examination
Psychological examination
Background examina tion
Drug screening
Medical examination
. Florida driver's license by time of employment
BENEFITS
. Salary:
Base(no experience)
2-5 yrs. police experience
Over 5 yrs. police experience
. Education Incentive Pa\'
Associa tes Degree -
Bachelors Degree
. Good Pension Plan
. 12 Paid Vacation Days
. 12 Paid Sick Days
. 11 Paid City HolidayS
. Medical Plan .
. Unifonns and Equipment Provided
. Full pay while you train
. Opponunities for advancement
. OPPOrtunities for specialization:
Investigations Traffic
Vice Training
K-9 Divers
Community Relations Tactical Unit
$23.3 J 6,SO
$24,91S.40
$27.456.00
S30.00/month
$SO.OO/month
POLICE OFFICER EXAMINATION
WHEN: TUESDAY, OCTOBER 25,1988 AT 9:00AM
WHERE: POMPEY PARK -1101 NW. 2nd STREET. DELRAY BEACH
Anyone interested in becoming a Delray Beach Police Officer should contact the Personnel Office at City Hall. 10,'
N.W, 1st Ave" Delray Beach. FL 33444 (407)243-7080 for an application. The applications must be completed an~
returned to the Personnel Office at City Hall no later than Monday, October 17, 1988.
For more information contact:
PROFESSIONAL STANDARDS DIVISION
DELRAY BEACH POLICE DEPARTMENT
300 WEST ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444
(407) 243-7850
THE CITY OF DELRAY BEACH IS AN EQUAL OPPORTUNiTY EMPLOYER
PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER
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[ITY DF DElRAY BEA[H
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CITY ATTORNEY'S OFFICE
310S.f-.lsISfHI'YI,"I'ITJ ,I. ',\ tlj,,\Clf,IJO){ID/\3J4SJ
,.HI 7 ,'2.1":. i. 1111) I"I!, ~ i I i)' i: I; .: 117/2 7 8-1 -: _~:)
August 15. 1~88
Rivers Buford. Jr.. Esq.
Senior Attorney
Florida Department of Transportation
Haydon Burns Building
605 Suwannee Street
Tallahassee. Florida 32399-0450
Subject: Indemnification Clause Language for Permits, Contracts. and
Agreements Between Florida DOT and City of Delray Beach
Dear Rivers:
The City Attorney's Office is in receipt of materials from the City's
Horticulturist/Special Projects Coordinator which indicate that despite our
previous agreement on the modified indemnification paragraph which was
proposed in my December 2. 1987 letter and agreed to in your letter to me of
December 8. 1987. that the local Fort Lauderdale DOT office has refused to
, incorporate said language.
We are requesting that you investigate thE' matter and provide the Fort
Lauderdale office with your direction that the revised indemnification language
be incorporated into their permits, contracts and agreements in accordance
with our previous correspondence, and specifically the materials which had
been transmitted to the Fort !jauderdale office of the Florida Department of
Transportation by Ms. Davila's correspondence to them of .January 12. 1988.
Thank you for your cooperation in this matter.
Sincerely yours.
OFFICE OF THE CITY ATTORNEY
CITY :~:z..;EACH. nORTDA
By: ~~~
Herbert W. A. ThIele. Esq.
City Attorney
HT:jw
Enclosures
cc:
Walter
Nancy
O. Barry, City MnnaP.'er /'
Davila. Horticulturist / Special Projects
Coordinator
.
DEPART" 'ENTAL
CORRESPONDENCE
.~......~
CITY DF
DELRAY BEA[H
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'-/..-;:J./- ,:' _
City Attorn9Y'S Oltice
City of Dclray Beach
. J '.
Horticulturisi/Special Proj et t's"C6brdina tor
TO
Herb Theile, City Attorney
FROM Nancy Davila,
SUBJECT
F.D.O.T. Agreement! Indemnification Language
DATE 7-19-88
To summarize our phone conversation of last week, the District Permits Engineer,
Paul White, does not agree that the City has the approval of the legal counsel
to modify the F.D.O.T. permit forms.
Per the attached letter from Carl Higgens, he references a memo from J.W. Anderson,
which was not attached as Carl had indicated. In an attempt to have this letter
forwarded to the City, so that I could route it to you, I contacted Mel Wilson
as Carl Higgens was unavailable.
Mr. Wilson indicated he would try to get to the bottom of this, and I should hear
from him shortly. In the event the matter is not resolved to our satisfaction, I
would appreciate it if you would contact Rivers Buford and Paul Martin, who took
Over as contracts administrator for D.O.T in Tallahassee, and settle this.
We are being delayed in our ability to file for permits through the state since
they will not accept the form in Ft. Lauderdale.
I have attached copies of correspondence that I sent to both Paul White and Paul
Martin this past January to ensure that we would have no delays. I received no
feedback at that time that they were not in agreement with the 'approved forms'.
eM 362
THE EFFORT ALWAYS MATTERS
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REVISED
THlE SCHEDULE
Landscaping Beautification Project
Linton Blvd.-Military Trail to Congress Ave.
Plans & Specifications Complete.................... .8/22/88
~ail Out Invitations to Bid....,................... .8/22/88
Legal Ad in Neloispaper.............................. .8/22/88
Pre-bid Conference,.. (11:30 am),................... .8/30/88
Bid Opening........................................ .9/15/88
Recommendation to Administration..,............... ..9/19/88
Cont.ract A\o,"arcied by Commission..................... .:J/~O/88
or 9/27/88
Contracts Signed...,........................... .by.10/1.1/88
Pre-Cons t ruc t i on Con f e renc e . . . . . . . . . . . . . . . . . . . . . by . 10/17/88
Notice to Proceed,............................. .by 10/19/88
Irrigation Work Complete...............,....... .by 12/2D/88
Landscaping ~ork Complete...........,......... ..by 2/20/89
Second Beatification Project to be advertised for bids by
September 9, 1988.
THE SCHOOL BOARD
OF PALM BEACH COUNTY, FLORIDA
3323 BELVEDERE ROAD
P.O. BOX 24690
WEST PALM BEACH, FL 33416-4690
305-684~5000
THOMAS J. MILLS
SUPEAfNTENOENT
OF SCHOOLS
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AUG 1 ''( 1988
Ci:>' :-if.'.i:,.
August 12, 1988
Ms. Dawn C. Sonneborn
Director of Platting
Berry & Calvin, Inc.
3129 North 29th Avenue
Hollywood, Florida 33020
RE: Banyan Creek School - Naming Of Roadway
Dear Ms. Sonneborn:
We have studied your request to change the name of N. W. 15th Court In
front of Banyan Creek Elementary School to Banyan Creek Road. Both the
Growth Management Center and the school center agree that the name
. change Is acceptable, subject only to payment to the School Board of
$350.00 to help offset costs associated with the change.
Best of luck In your efforts to accomplish this change with Delray Beach
officials. We look forward to hearing from you that you have been
successful, and receipt of your check.
Slncer~y,
p~
William V. Hukill, P.E., Architect
Assistant Superintendent
Growth Management Center
WVH:jr
cc: J. Kenneth Schrimsher
Dr. Joseph Orr
-Walter Berry
Barbara Brown
Howard Johnson
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Wastl: Management of Palm Beach
205 Pike Road
West Palm Beach, Florida 33411
305/793.0126
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August 23, 1988
SEP 23 1988
cm MANAGER'S OfFICE
Mr. Walter Barry, City Manager
City of De1ray Beach
100 N.W. 1st Street
Delray Beach, FL 33444
Dear Mr. Barry:
Attached is Waste Management's proposal for providing
curbside recycling services to the residents of Delray Beach.
I prepared this proposal for Commissioner Brainerd subsequent
to our recent visit to Talahassee where we reviewed a pilot
recycling program that Waste Management is operating in the
state capitol.
As you are aware, this year's legislature passed a number of
bills dealing with various facets of solid waste management.
Significantly, the State has mandated that each Florida city
and county develop specific goals for reducing volumes of
solid waste currently being disposed of in our landfills.
The new law also specify that in instances in which a local
government has an exclusive franchise or contract with a
private hauler for the provision of solid waste removal, that
negotiations for the provision of recycling services must be
conducted with that contractee.
Waste Management would like to discuss the various impacts of
a curbside recycling program in Palm Beach County with you
and your ad hoc committee. Please feel free to call me at
your convenience.
Sincerely,
~~
Michael P. O'Brien
General Manager
A Division at Waste Management. Inc of Florida
Wasle Management of Palm Beach
205 Pike Road
''vest Palm Beach, Florida 33411
305/793.012"
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August 2, 1988
Commissioner Trish Brainerd
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Commissioner Brainerd:
First of all, I want to thank you for taking lime out of your
busy schedule to spend last Thursday with me in Tallahassee.
I am sure our visit to Waste Management's "Recycle America"
pilot program helped you to gain a good understanding of the
operations side of curbside recycling.
As you are aware, the 1988 Florida Legislature enacted
several specific mandates for reducing lhe volume of wastes
currently delivered to our landfills and resource recovery
facilities. In fact, each municipality and county must
develope a detail plan to eliminate some 30% of its waste
stream by next July.
A successful curbside recycling program in Delray Beach will
serve to satisfy roughly half of the City's volume-reduction
t'equ i I'emen ts.
As you noticed on our Tallahassee "Recycle America" route,
curbside recycling activities are not provided by our regular
route crews and vehicles. Special vehicles are obtained
which allow different types of waste materials to be sorted
by our employees at curbside and stored seperately in the
truck's body. After the truck is fully loaded, recycled
materials are transported to a reclamation center where each
type of material is unloaded, weighed and stored for ultimate
transportation to re-manufacturers. Recycling route services
are provided once each week. Normally, the scheduled service
day would correspond to "regular" garbage and lrash
collection pickup days.
Capital costs of curbside recycling include the special
vehicles and individual recycle containers which are provided
to each residence for the accumulation of recyclables.
Operating costs include route employee labor and benefit
expenses, fuel anrl oil costs, truck maintenance expenses,
insurance and claims costs, truck and container depreciatiorl
charges and interest expenses on the initial capital
investment.
There are two components of revenue. When materials are
delivered to the reclamation center, each type of material
returns a value based on the current market price for its
resale. Additionally, for each ton of material which is
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CommisSioner Trish Brainerd
WMI-Recycle America Program
August 2, 1988
Page 2 of 6
recycled there is the added benefit of "avoided tipping
fees". (Without recycling, all of the materials are
transported to the landfill. Tipping fees are imposed for
these volumes of waste.)
Both types of "recycle revenue" are enhanced as the volume of
recycled materials increase. Therefore, it is of primary
importance to develope a high level of participation in the
curbs ide rec~"c 1 i ng program. Thi s can be accompl i shed by
making recycling a mandatory program. Detail records can be
maintained to monitor participation by each household and
penalties can be imposed on residences who fail to
p~rticipate in the program.
,\1 t.ernatively, a high degree of active participation can also
be accumplished in a voluntary recycling program provided
that a strong public relations effort is developed to provide
education and feedback to the community. Recognizable,
positive results of curbside recycling can go a long way
luwards building enthusiasm for active participation.
Vuluntary curbside recycling programs are considered
successful "hen a 60% level of participation is achieved.
I am happy to report to you that we have achieved that
threshold in both our Tallahassee pilot program and in a
smaller pilot program that we are operating in Palm Beach
County. Furthermore, I am convinced that Waste Management
and the City of Delray Beach can develope an even higher
degree of success in your City.
As you know, Trish; and as the State Legislature has
"ecognized, curbside recycling's time has come. Landfills
are filling up faster than replacement sites can be approved
and developed, and the cost of constructing environmentally
sound replacement sites will only continue to accelerate the
cost of solid waste service. From a moral standpoint,
recycling is a positive response to the wastefulness of
Ameriua's "throwaway" society.
Unfortunately, curbside recycling is not yet on a "break-
even" basis. However, as tipping fees increase (particularly
with the introduction of more expensive resource recovery
facilities), recycling will ultimately become an attractive
cost-efficient alternative to landfilling all of our solid
wastes.
Based on Waste ~anagement's expertise in curbside recycling
and our knowledge and understanding of your community, we
propose that the City take the following approach to
@ .."" M'",",m~"om""",
Commissioner Trish Brainerd
W~I-Recycle America Program
August 2, 1988
Page 3 of 6
instituting a curbside recycling program:
(1) Initiate a voluntary curbside recycling program for
all of the city's residential units. This program
will be implemented in stages as follows:
(a) Phase 1 - 4,800 units to begin participating in
the curbside recycling program in October, 1988.
(b) Phase 2 - 4,800 units to begin participating in
the curbside recycling program in February, 1989.
(c) Phase 3 - 4,800 units to begin participating in
the curbside recycling program in May, 1989.
Waste Management and City officials will work closely
to select appropriate neighborhoods and communities
for each phase of the implementation. Care will be
taken to insure that "recycle" service days are
scheduled on "normal" collection days in every
instance.
(2 )
The "Recycle America"
four material types:
and plastics.
program will be inclusive of
mixed paper, aluminum, glass
(3) Waste Management will provide each residence with one
5-gallon "Recycle America" container. Waste
Management collection personnel will be responsible
for sorting materials at curbside.
(4) Waste ~anagement will charge the City of Delray Beach
for recycling collection services as detailed below.
(5) Waste Management will maintain appropriate and
adequate detail records of collection activities to
monitor the degree of participation as well as to
accurately measure the volumes of materials removed
from the regular waste stream and to determine the
value of recycled materials.
(6) Waste Management will remit all proceeds from the sale
of recycled materials as well as the computed value of
the associated "avoided tipping fees" to the City each
month.
(7) Waste Management will work diligently with the City to
promote a high degree of "active" participation.
Waste Management personnel will be available for
Commissioner Trish Brainerd
WMI-Recycle America Program
August 2, 1988
~ ,~"c """"m'""omo""'
Page 4 of 6
participation in City-sponsored educational seminars
at schools, business classes, neighborhood meetings
and other such activities.
(8) Waste Management will dedicate a $500 per month
donation to the City to be "ear-marked" for
advertising and promotional campaigns to enhance
"active" participation and to provide residents with
positive feedback about their participation in the
"Recycle America program".
(9) Waste Management will work with City officials to
develop a recycling program to accomodate those
residents who live in condominiums and apartments
currently using commercial dumpster collection
service. This final phase of Delray's "Recycle
America" program will be implemented in October, 1989.
As determined by results of our Company's pilot programs in
both Tallahassee and Palm Beach County, the "dollars and
cen ts" of our proposal are as follows: (Note: revenue
estimates are predicted on achieving a 60% active
participation level; and, "total" amounts are based on all
14,400 residences in the City currently serviced by Waste
Managemen t. "Revenue per ton" amounts are based on the
current resale values of each material. Finally, the
"avoided tipping fees" revenue component is calculated at the
anticipated rate of $34 per ton.)
REVENUE:
TONS
RECYCLED
--------
--------
SALE OF RECYCLABLES:
MIXED PAPER
ALUMINUM
GLASS
PLASTICS
2,379
66
465
93
--------------------
TOTAL AMOUNTS
3,003
AVOIDED TIPPING FEES
3,003
--------------------
TOTAL REVENUE
--------------------
--------------------
--------
--------
REVENUE TOTAL
PER TON REVENUE
------- -------
------- -------
$ 25 $59,475
$905 59,730
$ 40 18,600
$ 58 4,464
-------- -------
N/A $142,269
$ 30 $ 90,090
-------- -------
$232,359
--------- -------
--------- -------
~ ^ W.", .''',"omoc' ',m"",
Commissioner Trish Brainerd
WMI-Recycle America Program
August 2, 1988
Page 5 of 6
EXPENSES:
DRIVERS WAGES AND EMPLOYEE BENEFITS
TRUCK OPERATING, LICENSES AND TAXES
TRUCK MAINTENANCE AND REPAIR COSTS
INSURANCE COSTS AND CUSTOMER DAMAGES
TRUCK WASHING AND MISCELLANEOUS COSTS
TRUCK AND CONTAINER DEPRECIATION COSTS
INTEREST EXPENSE ON CAPITAL PURCHASES
ADMINISTRATIVE EXPENSES AND PRETAX PROFIT
-----------------------------------------
$105,150
18,530
52,890
20,100
10,250
30,450
10,320
114,450
TOTAL OPERATING EXPENSES
$362,140
NET OPERATING MARGIN (EXPENSE)
------------------------------
------------------------------
$(129,781)
------------------------------
------------------------------
----------
----------
----------
----------
Costs of the "Recycle America" program, on a per unit basis,
are:
PROJECTED GROSS COST PER UNIT PER MONTH
$
2.10
---------------------------------------
PROJECTED NET COST PER UNIT PER MONTH
$
0.75
---------------------------------------
-----------
I would like to point out to you that tipping fees are
projected to increase to $55 per ton in October, 1989. At
that level, the projected net cost per unit per month for the
curbside recycling program would decrease to $0.32.
As you will have noticed, Trish, I have recommended that we
implement the "Recycle America" program in stages. This
methodology will prove to be of significant cost-savings
benefit to the City over the course of the next fiscal year.
Additionally, it will allow us to work together to develop
~ ^ W"" .'""em,"' Com,,",
Commissioner Trish Brainerd
WMI-Recycle America Program
August 2, 1988
Page 6 of 6
the recycling program "to a tee" for Delray Beach and to
maximize the rewards of curbside recycling by insuring that
the program receives adequate attention to all of the details
which will enhance active participation.
I look forward to reviewing this proposal with you!
~:z;s~
Michael P. O'Brien
General Manager
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE )IIISI h'S11UI1.Sl111 4
MEMORANDUM
[1I1 RC,~I ~Il IIOR][)!\~
VVI VO'
~LP y \)~yV
f\<!~e r1
C1-l.-h
V""
j()_",/~4J-7119!1
Date:
August 23, 1988
To:
City commission
Walter O. Barry, City Manager
/
From: Herbert W.A. Thiele, City Attorney
Subject: Review of Proposed Interlocal Agreement Between the
City of Delray Beach and Delray Beach Corrununity
Redevelopment Agency for Line of Credit of up to
Three Hundred Thousand Dollars ($300,000.00) in
Connection with the Construction of Parking Garage
This memorandum is to outline some of the basic prov1s10ns in
the proposed lnterlocal Agreement as set forth above which is
now scheduled to be considered by the City Commission at your
regular City commission meeting of Tuesday, August 23, 1988.
The basic sections of the Agreement start in Section 3 of the
Agreement on page 3 that states that the City is establishing a
line of credit for the CRA in the amount of not exceeding three
hundred thousand dollars ($300,000.00) for purposes of making
loans therefrom, with the line of credit being subject to
reduction as set forth in Section 4 of the Agreement. This
section also states that the Agency is agreeing to deposit all
monies borrowed under this line of credit, to deposit them in
the agencies trust fund, and t.hat they are to be used
exclusively to pay for the principle of and interest on the
redevelopment revenue bonds or bond anticipation notes issued
by the Agency to finance the costs of the garage project.
Section 4 provides that after seven (7) days from the date of
the Agreement, the Agency may make borrowings against the line
of credit from the City's non-ad valorum tax revenues, in a sum
equal to the interest on the redevelopment revenue bonds or
notes of the Agency issued with respect to the proj ect. All
drawings made under the line of credit are to be used to reduce
the amounts available under the line of credit.
Section 5 of
repayment of
Specifically,
the
the
this
Agreement provides for the methodology of
loans and the SOUI'ce of the payment.
section provides that the principle of all
City commission
walter O. Barry, City Manager
August 23, 1988
Page 2
loans made by the City to the Agency are to be amortized in the
amounts and at the times that the Agency's tax increment
r'evenues exceed the sum of the Agency's operating expenses,
debt service payments on the revenue bonds or notes in respect
to the project, and the debt service payment on the Agency's
other indebtedness outstanding on the date of execution of the
Agreement. Theref ore, it is only once they have these excess
revenues that any payments are to begin to be amortized.
Further, the payments are to be at an interest rate of 7.91%
and then interest only is to be paid on any loans starting one
year after the date of the first draw on a quarterly basis. On
the twenty-fifth month following the first drawing, then
payments would be made on both principle and interest. This
section also provides for late charges, and that the monies are
to paid solely from monies on deposit in the Redevelopment
Trust Fund or other available revenues to the Agency.
The Agreement also provides for prepayment of the loan and
further that the City covenants that it will not disturb the
Agency and that the Agency shall have fee simple title to the
project, assuming that they comply with the provisions of the
Agreement.
Section 7(c) of the Agreement provides that the Agency may not
issue any additional debts secured by the pledge revenues until
the principle and interest on the loans under this agreement
have been paid in accordance with their terms, or if after
suff icient notice to the City, the Agency provides a
certificate from a certified public accountant that includes
the projected tax increment revenues for the Agency for the
next three (3) calendar years, the proj ected debt service of
the Agency for the next three ( 3) calendar years, and in an
opinion that the average adjusted pledged revenues of the
Agency for the next three (3) years will not be less than 110%
of the average debt service for that same period. Further, the
Agency can incur additional debt provided that these obligations
are not secured by these pledged revenues, or are inferior to
the City's rights under this Agreement.
The Agreement also provides that the Agency would be in default
if they have not timely paid any loan payment required, plus a
twenty (20) day grace period, or if they fail to observe and
perform in any material way any covenant, condition, or
agreement in the Agreement after thirty (3) days notice if same
is curable.
The remedies available to the City are set forth in Section 9,
which include permitting the City to declare all unpaid loan
City Commission
Walter o. Barry, City Manager
August 23, 1988
Page 3
amount,s to be due and payable immediately, that the City can
prohibit the CRA from receiving any further balances under the
line of credit and that the City would be entitled to institute
collection proceedings. Further, these remedies are deemed not
to be exclusive and that the City would be entitled to its
expenses and attorney's fees if actions under this Agreement
were necessary.
You should pay particular note however, to the fact that unlike
the previous line of credit agreement with the CRA, the
remedies non-exclusive as set forth in this Agreement, do not
specifically provide for any lien or mortgage on any of the
pruperty that the CRA now owns or on the project itself, and
thus this line of credit and loan is essentially unsecured
except for the pledges by the eRA. This however is policy
consideration for the City commission and not a legal
prohibition to the Agreement.
If you have any questions, please contact the City Attorney's
office.
L~
I 'ff/
HT:ci
Attachment
cc Frank Brady, Esq., McCarter and English
Steven Sanford, Esq., Mudge Rose
Bill Finley, Interim CRA Director
INTERLOCAL AGREEMENT kJ.'WJSJSII' THE C:ITY 01" DELRAY BEACH
AND THE DELRAY BEACH COJDIUNITY REDEVELOPMEH'I' AGENCY FOR
THE ESTABLISHMENT OF A LINE OF CREDIT OF UP TO $300,000
FOR THE BENEFIT OF THE DELRAY BEACH COMMUNITY REDEVELOP-
MENT AGENCY IN CONNECTION WITH THE CONSTRUCTION OF A
PARKING GARAGE OF APPROXIMATELY ... 00 SPACES AND RELATED
FACILITIES.
THIS IHTERLOCAL AGREEMENT, made this
day of
August, 1988 (herein referred to as tne "'Agreement"'), by and
between the CITY OF DELRAY BEACH, FLORIDA, and its successors and
assigns, hereinafter referred to as "'City,'" a municipal
corporation existing under the laws of the state of Florida, and
the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, and its
successors and assigns, hereinafter referred to as the "'Agency,'" a
community redevelopment agency established pursuant to the
Community Redevelopment Act of 1969, constituting Section 163,
Part III, of the Florida Statutes, as amended (the .Act"').
REC:rTALS
WHEREAS, the city and the Agency have previously
authorized and approved a community redevelopment plan in
accordance with the Act (the "'Plan"'), whereby the city has
designated an area within the City limits as appropriate for the
redevelopment activities authorized by the Act; and
WHEREAS, in furtherance of the Plan, the Agency and the
City have approved the construction of an approximately 400-space
parking garage, the acquisition of certain real property for the
site thereof and the construction and relocation of certain water
and sewer utility lines (collectively, the "'Project"'), and
WHEREAS, pursuant to the Act, the city has authorized
the issuance by the Agency and the Agency has authorized the
issuance and sale of redevelopment revenue bonds to finance the
costs of the Project and, in anticipation of the sale of, such
revenue bonds, the City has authorized, within the meaning of the
Act, and the Agency has approved the sale of bond anticipation
notes; and
WHEREAS, pursuant to the Act, redevelopment revenue
bonds or notes are payable from moneys deposited in a
redevelopment trust fund based upon the anticipated incremental ad
valorem taxes resulting from the increased valuation of the
property benefiting from such redevelopment (the ..tax increment
revenues"), and other available revenues; and
WHEREAS, the City and Agency agree that the Project and
the finanCing thereof are in the best interest of both the city
and the Agency and are necessary to effectuate the community
redevelopment objectives of the Plan; and
WHEREAS, the Agency's proj ected tax increment revenues
and other available funds for the four year period ending
September 30, 1992 are insufficient to pay the debt service on the
redevelopment revenue bonds or notes necessary to finance the
costs of the Project, and the City is willing to establish a line
of credit (the "Line of Credit..) pursuant to this Agreement, for
the purpose of making one' or more loans to enable the Agency to
pay such debt service.
NOW, THEREFORE, pursuant to the respective powers
granted to the City and the Agency under the Act and other
applicable provisions of law, and in consideration of the sum of
One Dollar ($1.00) paid by each party to the other, the receipt of
which is hereby acknowledged, the mutual COvenants and agreements
herein contained and other good and valuable consideration, the
City and the Agency hereby agree as follows:
SECTION 1. Renresentat!ons of the Aaenev.
(a) The Agency is an agency established pursuant to the
Florida Statutes with full power and legal right to enter into
this Agreement and perform its obligations hereunder. The
Agency's actions in making and performing this Agreement have been
duly authori:1;ed by all necessary official action and will not
-2-
violate or conflict with any applicable provision of the
Constitution or laws of the State of Florida or with any
ordinance, government rule or regulations, or with any agreement,
instrument or other document by which the Agency or its funds or
properties are bound.
(b) Immediately after the execution hereof, no event of
default (as defined in Section 8 hereof) shall exist hereunder nor
shall there exist any condition which, with the lapse of time, the
giving of notice, or both, would constitute an event of default
hereunder.
SECTION 2. ReDresentations of the citv. The City
represents that it is a municipal corporation existing under the
laws of the state of Florida, and with full power and authority to
enter into this Agreement.
SECTION 3. Establishment of a Line of Credit: Hakina of
the Loans: ADDlication of Loan Proceeds.
(a) The City hereby agrees, subject to the terms and
provisions of this Agreement, to establish a Line of Credit on
behalf of the Agency in the amount of Three Hundred Thousand
Dollars ($300,000) (the .Line of Credit Amount") for purposes of
making one or more loans to the Agency in the total amount not
exceeding Three Hundred Thousand Dollars ($300,000), and the
Agency hereby agrees to borrow the sum of not exceeding Three
Hundred Thousand Dollars ($300,000) from the City subject to the
terms and provisions of this Agreelllent. Such Line of Credit
Amount shall be subject to reduction as set forth in Section 4
hereof. The City may, but Shall not obligated to, increase from
time to time the Line of Credit Amount upon mutually acceptable
terms. The Agency agrees that all monies provided to the Agency
by the City under this Agreement shall be deposited in the
Agency's redevelopment trust fund and used exclusively to pay the
-3-
principal of and interest on the redevelopment revenlle bonds or
bonds anticipation notes issued by the Agency to finance the costs
of the Project.
SEC'I'rOH 4. Dravin911 on the Line of Credit. Following
the execution and delivery of this Agreement and upon at least
seven days prior written notification to the City that all
conditions necessary to acquire the Project have been met, loans
shall be made to the Agency, but only from the City's non-ad
valorem tax revenues, in a SUlll equal to the interest on the
redevelopment reVenue bonds or notes of the Agency issued in
respect of the Project (collectively referred to as a MDrawingM).
~ll Drawings made under the Line of Credit shall be used to reduce
the amounts available under the Line of Credit Amount. The city
hereby covenants that its ad valorem tax revenues shall not be
used to make any loans to the Agency under this Agreement and that
neither the faith and credit not the taxing power of the city are
pledged to the holders of Agency's bonds or notes, the making of
any loan to the Agency hereunder or the Project.
SECTION 5. Renavment of the Loans and Source of Pav-
!!mJt .
(a) It is the intention of the City and the Agency that
the principal of all loans made by the City to the Agency
hereunder be amortized in the amounts and at the times that the
Agency'S tax increment revenues exceed the sum of the Agency's
operating expenses, debt service payments on the revenue bondS or
notes issued in respect of the Project and the debt service
payments on the Agency's other indebtedness outstanding on the
date of execution of this Agreement. In that regard, the
outstanding balance of all loans made hereunder, until paid, shall
bear interest at the annual rate of 7.91%. Interest only (at the
rate set forth above) on all outstanding loans made under this
-4-
Agreement shall be paYable by the Agency commencing one year after
the first Drawing and each quarter thereafter until the first day
of the twentY-fifth month after the first Drawing (the .Principal
Commencement Date.). Thereafter, both principal and interest on
such outstanding loans shall be payable by the Agency on each
quarter until the principal amount of all loans made hereunder
have bee paid in full. The Finance Director of the city shall
calculate the debt service requirements applicable to the loans
made to the Agency under this Agreement at least fifteen (15) days
prior to the first payment due hereunder and on or before each
quarter thereafter (if necessary) and provide a copy of such
schedule to the Agenoy. On or after the Principal Commencement
Date, the amorti~ation of the loans made hereunder, as calculated
by the City's Finance Director, shall be determined to achieve, as
nearly as possible, level debt service payments. Subject to the
provisions of the next succeeding sentence and Section 6 hereof,
the Agency shall be obligated to pay, not later than the first day
of the sixtieth (60th) month fOllowing the first Drawing, the
outstanding principal amount of all loans made under this
Agreement, plus all accrued and unpaid interest to that date,
provided that only interest shall be payable prior to the
Principal Commencement Date. On the first day of the thirteenth
(13th) month following the first Drawing hereunder and each
quarter thereafter, the Agency shall pay to the City from the
Pledged Revenues (as herein defined), the debt service on the
loans made hereunder in the amount set forth on the debt service
SChedule provided by the City's Finance Director as aforesaid.
(b) In addition to the above payments of principal and
interest on the loans, the Agency will pay a late charge for any
payment of principal and interest on each loan, which is received
-5-
by the city later than the fifteenth Qay following its due date,
in an amount equal to 5\ of such payment.
(c) The Agency is obligated to pay the principal of and
interest on the loans solely from (i) the moneys on deposit in the
Redevelopment Trust Fund established pursuant to Section 163.387,
Florida Statutes, and pursuant to the city Ordinance No. 62-86,
and (ii) any other available revenues of the Agency (collectively,
the "Pledged Revenues") until all principal and interest on the
loans has been paid in aCCordance with the terms of this
Agreement. Neither the faith and credit nor the taxing power of
the City, the State of Florida, or any Political subdivision
thereof, or the Agency is pledged to the payment of the prinCipal
of or interest on the loans. Neither the faith and credit nor the
taxing power of the City, the State of Florida or any political
SubdiviSion thereof is pledged or available to make any loans to
the Agency hereunder.
(d) The Agency shall receive a credit against each
payment due under Section 5(a) hereof in an amount equal to the
quarterly installments of the reimbursement required to be made by
the city pursuant to Section 7 hereOf.
SECTION 6. Prenavment of the Loans. The Agency may, at
any time, upon not less than 5 days prior written notice to the
city, prepay, in whole or in part, any loan made pursuant to this
Agreement, together with the accrued interest on each loan to the
date of such prepayment.
SECTION 7. Reimbursement bv city. The City shall
reimburse the Agency for the costs of the Project incurred by the
Agency in connection with the construction and relocation of
certain utilities. The City shall make such reimbursement to the
Agency in quarterly installments, together with interest thereon
-6-
..
at the rate specified in Section Sea) hereof, si~ultaneously with
the payments required to be ~ade by the Agency to repay any
Drawings hereunder. The City shall ~alte such reimburselllents to
the Agency only from its non-ad valorem tax revenues. Neither the
faith and credit nor the taxing of the City, the State of Florida
or any political subdivision thereof is pledged to the payment of
the reimbursements required to be made by the City pursuant to
this Section 7.
SECTION 8. SPecial Covenants.
(a) Non-DistW:bance. The City covenants, subject to
the fallowing paragraph, that, as long as the Agency observes and
performs the terms, conditions and COVenants on its part to be
observed and perfOrmed under this Agreement, the Agency shall
peaceably and quietly have, hold and enjoy the Project as fee
simple OWners, free from mOlestation, hindrance, eviction or
disturbance by the City or by any other person or persons lawfUlly
claiming the sallle by, through or 'under the City. The. Agency
Covenants that it Shall not create or SUffer to be created any
lien, Charge or encUmbrance on the Project or any part thereof
without the prior written consent of the City.
(b) Notice of Default. Within 15 days of an officer of
the Agency obtaining actual knowledge of the occurrence of any
event of defaUlt hereunder or any event which, with the passage of
time or the giving of notice would constitute an event of default,
the Agency shall notify the City of the occurrence of any eVent of
defaUlt hereunder or any event which, with the passage of time or
the giving of notice would constitute an event of default, which
notice shall specify the nature and period of existence thereof.
(c) Additional Debt. Except as set forth below, the
Agency shall not issue or incur any additional debt Secured by the
Pledged Revenues until the principal of and interest on the loans
-7-
made under this Agreement and all prior agreements between the
Agency and the city have been paid in accordance with the terms of
this Agreement and such prior agreements between the Agency and
the City. The Agency may issue additional debt payable from the
Pledged Revenues on parity with the loans made hereunder if there
is delivered to the City, not later than 45 days prior to the
proposed issuance of Such additional debt by the Agency, a
certificate of a certified independent pUblic account, setting
forth
(i) the projected tax increment revenues
that the Agency expects to receive for each of
the next three (3) calendar years (the
WAdjusted Pledged Revenues');
(if) the projected debt service
requirements of the Agency's debt for each of
the next three (3) calendar years taking into
account the debt service on the loans made
hereunder, the debt service for any other
parity debt issued pursuant to the require-
ments of this section and the debt service for
the proposed parity debt. If the proposed
parity debt, or if parity debt heretofore
issued pursuant to the requirement of this
Section, shall bear interest at a variable
rate, the debt (both prior debt and the
prOposed debt) will be aSSUmed to bear
interest at the highest rate permitted by law
(COllectively referred to as "Adjusted Debt
Service.).
(Hi)
the opinion
Based upon the foregOing, it is
of such independent certified
-8-
public accountant, as concurred in writing by
the Executive Director of the Agency, that the
aVerage Adjusted Pledged Revenues of the
Agency for the next three (3) calendar years
will not be less than 110% of the average
Adjusted Debt Service for the same three (3)
year period.
In addition, the Agency may issue or incur additional
debt during the term of this Agreement, provided that such
obligations are not secured by the Pledged Revenues or, if secured
by such Pledged Revenues, the claim thereto is junior and inferior
to the city's right to receive such Pledged Revenues and the City
shall consent to such indebtedness. The Agency shall not sell,
assign, pledge, hypothecate or encumber the Project without the
prior written consent of the City.
SECTION 9. Events of Default. The following shall be
.events of default. under this Agreement, and the terms .e~ent of
default. or .default. shall mean, whenever they are used in this
Agreement, anyone or more of the following events:
(a) Failure by the Agency to pay when due any loan
payment required to be paid under Section 5 hereof, which failure
shall continue for a period of twenty (20) consecutive days,
taking into account any grace period provided to the Agency under
this Agreement;
(b) Failure by the Agency to observe and perform in any
material way any covenant, condition or agreement on its part to
be observed or performed as set forth herein, other than as
referred to in subsection (a) of this Section 9, which failure
shall continue for a period of thirty (30) days after written
notice is given to the Agency by the City specifying such failure
and request~~g that it be remedied; provided, however, that if the
-9-
failure be such that it can be corrected but not within such 30
day period, then such event shall not be an eVent of default if an
appropriate corrective action is instituted by the Agency within
the 30 day periOd and diligently pursued until the failure is
corrected.
SECTION 1(l. Remed.f,es. Whenever any event of default
referred to in Section 9 hereof shall have happened and be
continuing, anyone or more of the following remedial steps may be
taken; provided that written notice of the default has been given
to the Agency by the City and the default has not theretofore been
cured:
(i) The City may at its option declare all
unpaid loan payments, together with interest then due
thereon, to be immediately due and payable, whereupon
the same shall become immediately due and payable;
(ii) The City may terminate the balance of the
Line of Credit Amount; and
(iii) The City may take any lawful action at law
or in equity, including the institution of proceedings
and any other rights the city may have to Collect the
paYments then due and thereafter to become due here-
under, or to enforce performance and observance of any
Obligation, agreement or covenant of the Agency under
this Agreement, and the City shall be entitled to
collect reasonable attorneys fees and costs pursuant to
Section 12 hereOf.
SECTION 11. No Remedv Exclusive. No remedy conferred
upon or reserved to the City by this Agreement is intended to be
exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Agreement or now or hereafter
-10-
existing at law or in equity Or by statute. No delay or omission
by the City to exercise any right or power accruing upon any
defaUlt shall impair any such right or power or be construed to be
a waiver thereof, but any such right and POwer may be exercised by
the City from time to time and as often as may be deemed
eXpedient. In order to entitle the City to exeroise any remedy
reServed to it pursuant to this Seotion 10, it shall not be
neoessary to give any notice, other than such notice as may be
herein expressly required.
SECTION' 12. Pavaent of Fees and ~nses. If the
Agency shall defaUlt under any of the provisions of this Agreement
and the City shall employ attorneys or incur other expenses for
the collection of the loan paYments or for the enforcement of
performance or observance of any obligation or agreement on the
party of the Agency contained in this Agreement, the Agency will
on del'Qand therefor pay the reasonable fees and expenses of the
City and its attorneys (collectively referred to as "Add.itional
Obligations"). To the extent that such Additional Obligations of
the Agency are not paid when due, notwithst~nding anything
contained herein to the contrary, such obligations shall be
considered one or more loans made by the City hereunder. Such
loans, until paid, shall bear interest at the same rate as the
other loans made to the Agency hereunder.
SECTION 13. ReCordation. Prior to the ef feoti veness
thereof and pursuant to the requirements of Section 163.01 (11) ,
Florida Statutes, this Agreement shall be filed with the Clerk of
the Circuit Court of the Fifteenth JUdicial circuit in and for
Palm Beach County, Florida.
SECTION' 14. Effect of Waiver. The City expressly
reserves the right to waive all or any portion of any provision of
this Agreement; prOVided, however, that any such waiver shall be
-11-
in writing. In the eVent any agreement contained in this
Aqreement shall be breached and such breach shall thereafter be
waived, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any other breach
hereunder.
SECTION 15. ~ltiDle Counterna~s. This Agreement may
be executed in several counterparts, each of which shall be
regarded as an original and all of which shall constitute one and
the same document.
SECTION 16. Severab,i1it,v of Invalid Provisiohf,i. If any
clause, provision or section of this Agreement shall be held
illegal or invalid by any Court, the invalidity of such clause,
provision or section shall not affect any of the remaining
clauses, proviSions or sections hereof, and this Agreement shall
be construed and enforced as if such illegal or invalid Clause,
provision or section had not been contained herein.
SECTION 17. Reoealina Clause. All resolutions and
agreements of the City and the Agency in conflict or inconsistent
herewith are hereby repealed insofar as any conflict or any
inconsistency exists.
WHEREFORE, the parties hereto have set their hands and
seals on the day set forth next to their signatures.
Attest:
CITY 01' DELRAy BEACH, FLORIDA
Mayor
Date:
-12-
~
Attest:
Approved as to form and
legal sufficiency
By:
City Attorney
(jm/B.030)
-13-
.~
COMHUHITY REDEVELOPMENT AGENCY
Date:
Chairman
Auburn Trace ~ - -. - --- .-
Procacci Development with the Palm Beach County Housing Partnership
August 23, 1988
Project Attributes
Number of Units 368 256 296
One Bedroom 80 48 64
Two Bedroom 232 160 176
Three Bedroom 56 48 56
Densi~ 9.7 6.7 7.8
Land ost 730,000 230,000 275,000
Amenities ;J7Sci.JOO
Childcare Center Yes No Yes
Swimming Pool Yes No Yes
Tennis Courts Yes No Yes
Basketball Yes No Yes
Security Yes Yes Yes
Playground Yes Yes Yes
Laundry Yes Yes Yes
Financial
First Mortgage 7,750,000 5,000,000 6,000,000
U.D.A.G. 5,048,000 3,827,200 4,425,000
City - grant match 1,009,000 765,440 885,000
City - offsite utilities 200,000 200,000 200,000
Equity 3,813,777 3,428,508 3,508,363
Total 18,350,777 13,251,148 15,048,363
Repayments To City
Total City investment 1,484,000 1,240,440 1,360,555
Years to repay City 7 1 1 9
Total payments to City 8,881,980 5,466,330 7,020,967
Operating Expenses
Security 111,000 111,000 111,000
Other 645,000 524,000 588,000
Total 756,000 635,000 699,000
Per Unit 2,054 2,480 2,361
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FRo~JY~avid M. Huddleston,
Director of Finance
[ITY DF
DELRAY BEA[H
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DEPARTMENTAL
CORRESPONDENCE
TO
Robert A. Barcinski,
Assistant City Manager/
Management Services Group
SUBJECT Auburn Trace Housing Development
DATE 08-23-88
Attached is a schedule which provides a comparison between the stipulations
contained in Mr. Procacci's June 14, 1988 letter and his August 15, 1988
letter. The attached schedule reflects the variations in Mr. Procacci's
proposal on the purchase value and conditions of the land, the payback
methodology for the City's matching grant, the comparison of the payback
for the Urban Development Action Grant (UDAG) funds, and their request for
improvements to be funded by the City.
The City has been presented with numerous proposals by Mr. Procacci and I
would recommend that the City re-start this whole process and establish the
terms and conditions of a development project which would outline the
City's qualifications and standards. I believe it would be in the best
interests of the City to have the City staff either work independently or
with the assistance of an outside consultant to establish the
specifications for a housing development which would include the number of
units, the type of construction, the square footage, the amenities and
whatever on- or off-site requirements that the City would desire. I feel
that if the City would proceed under these guidelines, the City would be
able to compare the various proposals on a competitive nature and that the
proposals would then be subject to competition and, therefore, the City
would be able to better analyze construction costs and maintenance costs
which it currently cannot evaluate.
I suggest that Lula Butler work with Ted Glas to develop either a
competitive bid or Request for Proposal (RFP) so that qualified developers
could be reviewed and the competitive pricing would be available with
points awarded to the various standards, if the award is to be made on a
bid basis. The City has been presented with several proposals that are
designed to be a perception of what a developer feels to be best for the
City or best for the developer. It would seem that the City should
entertain proposals based upon standards and requirements which the City
feels are in the best interests of the City. The process could include a
bottom-line cost to the City based upon present values which could be
standardized for all bids. Terms and conditions of loans and other
arrangements could be included as optional forms of bids and the
prospective developers could also present optional forms of standards and
qualifications if the City so desired.
Inasmuch as the City is looking at a potential $12 $20 million
development project, it would seem appropriate that the City could allocate
funds to provide for a consultant who could come in and work with City
staff to prepare a bid or proposal format.
DMH/sam
cc: Becky O'Connor, Treasurer
CM362 THE EFFORT ALWAYS MATTERS
PROPOSAL DATED JUNE 14, 19BB
---------------------------------------------------------------------------------------------.------------------------------------
----------------------------------------------------------------------------------------------------------------------------------
PROPOSAL DATED AU6UST 15, 198B
1. I COST OF LAND PURCHASE FROM HOUSING AUTHORITY - $275,000
A.I $75,000 AT CLOSIN6
B.I $40,000 PER YEAR FOR YEARS 2-6
2. I COST OF LAND PROCEEDS - $730,000
A.I 01. INTEREST LOAN
6.1 $75,000 AT CLOSING
C.I $25,000 PER YEAR FOR YEARS 2-6
0.1 $530,000 PAID AT THE END OF YEAR 15
3.! CeST OF OFFSITE IMPROVEMENTS - $1501000
A.I $150,000 15T YEAR PAYMENT
4.) COST OF CITY ~ATCHrN6 SHARE 1201.1 - $1,009,955
A.I 01. INTEREST LOAN
B.) PAYMENTS OF $201.991 PER YEAR FOR YEARS 2-6
5.! UDAE REPAYMENT TO THE CITY FOR A 36B UNIT PROJECT WOULD
HAVE A BALANCE OF $3,466,360 TO BE REFINANCED IN THE 15TH
YEAR.
1.1 COST OF LAND PURCHASE FROM HOUSING AUTHORITY - $230,000
A.I $25,000 PER YEAR FOR YEARS 1-6
B.l FINAL PAYMENT OF $30,000 IN YEAR 9
2.1 COST OF LAND PROCEEDS - $730,000
A.l 01. INTEREST LOAN
6.) $75,000 AT CLOSIN6
C.) $25,000 PER YEAR FOR YEARS 2-6
D.! $530,000 PAID AT THE END OF YEAR 15
3. I COST OF OFFSITE IMPROVEMENTS - $150,000
A.I $150,000 1ST YEAR PAYMENT
4.1 COST OF CITY SHARE - THE CITY WOULD ACCEPT 75% OF THE NET CASH
FLON AVAILABLE FROM THE PROJECT ESTIMATED AT $1,326,753 IN
LIEU OF A FIXED PAYMENT SCHEDULE. IF CASH FLONS FALL
BELON ESTI~ATED IEITHER LOWER RENTAL REVENUES AND/OR
HI6HER EXPENSESI THE PAYBACK TO THE CITY WOULD NOT BE
GUARANTEED.
5.1 UOAG REPAYMENT TO THE CITY FOR A 36B UNIT PROJECT WOULD HAVE
A BALANCE OF $2,62B,077 AND $3,466,3BO FOR A 36B UNIT PROJECT
TO BE REFINANCED IN THE 15TH YEAR.
6.1 ASSU~ES THAT THE PROCACCI DEVELOPMENT CORPORATION WOULD BE
ABLE TO OBTAIN A FIRST ~ORT6A6E OF $5 ~ILLION WITH A TER~ OF
30 YEARS AT A RATE OF NO MORE THAN 10.751..
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
FROM:
WALTER O. BARRY, CITY MANAGER
n ~U \ ~'-'"
~D J. KOVAc}< DIRic:l'OR-
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE LAND USE MAP FOR
CITY OWNED PROPERTY AT MIRAMAR AND VENETIAN
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
Acceptance of the Planning and Zoning Board
recommendation regarding this proposed plan amendment
and forwarding to the State Department of Community
Affairs for further review.
BACKGROUND:
The attached Planning and Zoning Board Staff
background information on this request. The
initiated by the City commission at a previous
Report
item was
meeting.
provides
formally
The significant action before the City Commission
determination that the item requires further review at the
level. Upon receipt of comments from the State, a second
hearing will be held and an enacting ordinance considered.
is a
State
public
Planning and Zoning Board
August 15th, the Planning
of the proposed amendment.
Recommendation: At its meeting of
and Zoning Board recommended approval
There was no public comment.
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PLANNING 8
CITY OF OELRAY
ZONING BOARD
BEACH
MEETING DATE: AUGUST 15, 1988
- - - STAFF REPORT
AGENDA ITEM:
III. C
CONSIDERATION OF LAND USE PLAN AMENDMENT 1988-2, CHANGE IN DESIGNATION FROM
ITEM: P PUBLIC) TO MF-15 (MULTIPLE FAMILY - 15 units/acre) FOR CITY OWNED PROPERTY
ON THE SOUTH
::3ENERAL DATA:
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Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Ci ty of Delray Beach
Location........................Southeast COrner of Venetian
Drive and Miramar Drive.
Property Size...................l.04 Acres
EXisting Land Use Plan..........P (Public)
Proposed Land Use Plan..........MF-15 (Multiple Family
Residential - 15 units/acre
Existing Zoning.................RM_15 (Multiple Family
Residential)
Adjacent Zoning.................Subject property is surrounded by
RM-15 zoning.
EXisting Land Use.............. . Vacant Land
Water service...................EXisting 8" water main located
along Venetian Dr. and a 2" main
located along Miramar Dr.
Sewer Service...................Existing 21" main located along
Venetian Dr. and an 8" main
located along Miramar Dr.
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ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a proposed Land Use Plan Amendment.
The specific request is that of a map change from P to
MF-15.
BACKGROUND:
This property was purchased by the City in 1971 for the public
purpose of siting a fire station. The 1979 Land Use Map placed
most properties which were publicly owned under a "P"
designation; however, there was no text or other material which
identified a specific use for most of the "P" properties.
In 1986 a Utility Tax Bond targeted, among other items, funding
for construction of a fire station on this site. However at the
time of rezoning (from mUltiple family to community facilities) a
decision was made not to proceed with locating the fire station
here. It was further decided that it would be appropriate and
necessary to sell this property and to have the proceeds from the
sale aid in the funding of constructing fire station #2. The
necessity is created from the fact that the property was
purchased from a general obligation bond for the specific purpose
of fire suppression services.
In order to clear the property from any clouds which would hinder
sale or development, it is necessary to have the land use plan
and zoning designations be compatible. The current zoning is
RM-15.
Development potential: Once a plan amendment is processed and
approved, development may be pursued under the existing zoning.
The development potential of the site is fifteen units in a
structure which does not exceed forty-eight feet in height.
The potential development was deemed acceptable to neighboring
property owners who opposed the fire station citing. In fact,
several neighboring property owners encouraged sale of the
property as a means to finance fire station construction
elsewhere.
Serviceability: Water, sewer, and street infrastructure are all
in place to accommodate the development potential of this
property. While there have been suggestions that the property be
considered for "beach parking", such a use does not appear to be
appropriate any longer since a beach parking lot has been
constructed one block closer to the Atlantic Ocean (ie. to the
east) .
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To: Planning and Zoning Board
Re: Land Use Map Amendment 1988-2, Change in Designation
from "P" top "MF-15" for City Oimed Property at
Miramar and Venetian
Page 2
State Review: Since the proposed map amendment involves a
density increase which is greater than five units per acre, State
(D.C.A.) review is required. Processing of this amendment
constitutes the second allowable plan amendment for 1988. The
Ci ty Commission officially initiated this proposed amendment on
June 14, 1988.
RECOMMENDED ACTION:
Following a public hearing, by motion, recommend that the land
use map be changed from P to MF-15 for this municipally owned
parcel.
REF/DJK#23/MIRAMAR.TXT
C I T Y
COM MIS S ION
DOC U MEN TAT ION
III
TO:
BARRY, CITY MANAGER
FROM:
J. ~~ids,~~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT:
CONSIDERATION ON SECOND READING OF ORDINANCE 60-88 RE
TIME FOR APPROVAL OF CONDITIONAL USES AND SITE PLANS
AND RELATED MATTERS
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
second reading consideration of an ordinance dealing
with the period of approval, imposition of updated
regulations, and vesting of previously approved
conditional use requests and site and development
plans.
BACKGROUND:
This item has been discussed with the City commission at a
workshop and at two first readings. The ordinance in its present
form was acceptable to the Commission when it was last before it.
Subsequently, Attorney Roger Saberson addressed the practical
application of that portion dealing with "vesting" during
consideration of a site and development plan.
Apparently, an air of confusion exists as to how vesting is
accommodated. Attached is a memorandum from the City Attorney
which coincides with previous iterances made the Director of
Planning on this matter.
The praoosed amendment pertaining to vesting was made in order to
reduce confusion; however, since that is not the case I now
recommend that the proposed amendment be deleted as it pertains
to vesting and that the existing rule of completion of 25% of the
cost of all project improvements apply.
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To: Walter O. Barry, ct4y Manager
Re: Consideration on Second Reading of Ordinance 60-88 Re
Time for Approval of Conditional Uses and Site Plans
and Related Matter
Agenda Item
Page Two
The caption of Ordinance 60-88 describes this topic as "and
providing for the criteria under which (conditional use) (site and
development plan) shall be deemed established". Thus, it is not
necessary to readvertise.
Planning and Zoning Board Recommendation: Previously provided.
RECOMMENDED ACTION:
Change Subsection
(4) paragraph two
deleting each and
(1) paragraph two of Section 1 and Subsection
of Section 4 of proposed Ordinance 60-88 by
inserting the following:
"In the event that the (conditional use) (site and
development plan) is not developed within said time
limitation, it shall expire unless improvements representing
twenty-five (25%) of the total cost of all improvements to
be used in developing a (conditional use) (site and
development plan) have been constructed on the property."
Attachment: Ordinance 60-88, by the City Clerk
REF/DJK#25/A:CCORD60.TXT
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[ITY DF DELRAY BEA[H
--.,', ..'......-c ~._-_",_o.__.,
~ H".UKI\lEY'S' ,."
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. . _.._ MRM()l)2\NnTTM _
It/flJ
AljG 1..2-1_-
-PL-ANNtNG
Date:
August 10, 1988
To:
David J. Kovacs, Director of Planning and Zoning
From:
Herbert W.A. Thiele, City Attorney
SUbject: Opinion Concerning Interpretation Applicability of
Establishment of Conditional Uses for Recent
Ordinance No. 60-88
This memorandum shall serve to confirm our recent conversation
that it is our joint opinion that the paragraph set forth in
Section 1 of the aforementioned ordinance does provide an
either/or situation for the vesting of a conditional use
approval. That is, it is the obtaining of a Certificate of
'Occupancy or the installation and acceptance of at least 75
percent of the total cost of all public improvements for the
project.
Based upon our review of potential factual situations, it would
appear that both of these situations are adequately addressed
by the ordinance since in the instance where there would be a
major project with multiple buildings, it would appear that the
installation of the public improvements would have to proceed
first before Certificates of Occupancy of the various build-
ings. If there were an instance where the public improvements
had already been installed, then the developer could seek a
phased approach to the conditional use approval or site plan
approval where Certificates of Occupancy for each of the
various buildings could be addressed in the approval itself so
that not all of the buildings in a phased approach would need
to be constructed in Certificates of Occupancy in order to vest
the entire property for the approved conditional use.
Obviously, we may need to address this issue from time to time
on var~ous factual situations, but my current position is that
the language set forth in the ordinance is acceptable if that
is the policy position that the City Commission wishes to take
rather than the current 25 percent of all improvements policy
which is set forth in the current zoning ordinances.
If you have any questions or would like any additional informa-
tion, please contact the City Attorney's Office.
it!~~
cc:
Walter O. Barry, City Manager
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
LTER O. BARRY, CITY MANAGER
DA ~O~C~~~~
DEPARTMENT OF PLANNING AND ZONING
FROM:
CONSIDERATION OF ORDINANCE 72-88, ENCLAVE ANNEXATION,
DELRAY TOYOTA
SUBJECT:
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
Second reading and enactment of Ordinance 72-88 with
initial City zoning of G.C.
The property owner is
zoning designation and
parcels into one in order
seeking reconsideration of
is offering to combine
to obtain S.C. zoning.
the
two
BACKGROUND:
This enclave annexation with GC zoning was opposed VoY the
property owner. The attached Planning and Zoning Board~rovides
more background on the events which surround the opposition. At
a previous second reading consideration before the City
Commission, an agent requested a thirty day continuance so the
option of combining properties through a "Unity of Title" could
be considered by the owner. Subsequently, a proposal to combine
the parcel has been made. Attached is a copy of the proposed
Unity of Title.
Planning and Zoning Board Recommendation: At its meeting of
August 15th, the Planning and Zoning Board recommended
application of SC zoning based upon the change of circumstance.
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To: Walter O. Barry, City Manager
Re: Consideration of Ordinance 72-88, Enclave Annexation
Delray Toyota
Agenda Item
Regular Meeting
Page 2
"
of August 23, 1988
RECOMMENDED ACTION:
By motion: Reconsider Ordinance 72-88, reread the caption with
SC zoning instead of GC zoning, and direct the item to be
readvertised for public hearing and second reading at the next
meeting of the City Commission.
Attachments: Planning and Zoning Staff Report of August 15th
Draft "Unity of Title"
REF/DJK#28/A:CCTOYOTA.TXT
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Steel Hector & Davis
Boca Raton, Flonda
REPLY TO:
Boca Raton Office
Michael E. Botos
(407) 394.5000
"
August 10, 1988
ATTN:
Walter Barry
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City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
RE: Enclave No. 45
Dear Mr. Barry:
In furtherance of the conversation which took place before the
City Council on July 26th, I am pleased to enclose herewith a
proposed form of Unity of Title.
Mr. Chamberlain is agreeable to executing the Unity of Title upon
the condition that his property is annexed under the City's SC
Zoning District, as opposed to the proposed GC Zoning District.
If the form of this agreement is a agreeable to you, please advise
and I will see that the original is executed and escrowed with
your office pending annexation.
Thank you for your assistance in this matter.
Very truly yours,
~ vicatt:d ti. L5 ~ / e. c.
Michael E. Botos
MEB/ec
CC - William A. Chamberlain
Boca Raton OHic!'
1200 North Fedoral Higl'1w<lY
Suite 409
80ca Raton FL 33431
(407) 394.5000
F,iX (<107) 394.-lB56
West Palm Beach Office
Steel Heclor Davis
Burns & Middleton
1200 Northbridge Centre 1
515 North Flagler Drive
West Palm Beach, FL 33401 4307
(407) 650.7200
Palm Beach Office
Sleel Hector DaVIS
Burns & Middleton
440 Royal Palm Way
S<:ite 100
Palm Beach. F!... 33480
(407) 650.7200
Miami O/he-e
Steel Heclor & DaVIS
4000 Souttleas! Financial Cer.ter
Miami. FL 33131.2398
(305) 577.2800
Fa): (305) 358-1418
Tallahassee Office
Steel Hector & Davis
310 West COllege Avenue
Tallahassee. Fl 32301 1.106
(904) 222.4192
F::;x: (904) 222.8410
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DECLARATfON or UNITY OF TLE
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XNOW ALL HEN BY THESE PRESENTS, that
of the City ot Delray Beach perta
of the Property de.cribed therein, the unde
owner of the real. p.t'QpertY_M8cribed in the
doe, here5y make-the follOwing declaration of
and.re.trictlon on .aid lands, her..fter to'be known a ,referred
to .. a DECLARATION or UNITY OF TITLE, .a to the fOllO~9 parti-
cularll 1.\
,
1. That the afore.aid plot or combination of sep ~e
lot., plots, parcela, acreage or portions ther Of,
ahall hereinafter be regarded and 1, hereby de~~.red
to be unified under one title. J
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2. That the .aid property ahall hencefrth be con ~ered
Alone plot or parcet of land, and that no por ~on
thereot .hall' b. lold, ...1gn8d, t nlterred, ;nveyed
or devi.ed .eparately except in it entirety a bne
plot or parcel ot land.
THE-UNDERSIGNED turther aqree. that th~. Declarati of Unity
of Title ~alr-con.titute a Covenant to run ~ith the lan . aa
provided by law, and ahall be binding upon the undersigned, hi.
heir., aucce..or. and a..ign., and all partie. Cl&imingtUnder
them until such time .s the same may pe rele.aed in wri tnq by
-the City Council Of_ t~e City of Delrar Beach. . .
THE UNDERSIGNED a1ao agrees that this 1strument s all be
placed of record in the office of the Clerk f the circfit COurt
of PalM Beach County, Florida. ,
I .
Signed, sealed, witnessed and acknowle ged this ~ day
of Augu.t, 1988, at O~l~ay Beach, Florida.
, ,I
Signed, "aled and deliVered
in the pre.enceiof;
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STATE OF FLORIDA
I
W i&1ll; A. Chamber ..
a Ii:ng man
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on thia d
betore me peraonally 4pp.ared WilliAm A. h
man, to me known to c. the per. on descri d
the foreqoing in.trum~t ~nd acknowledge t
thereof to be hi. tree and voluntary de.d f
herein mentioned.
,'WITNESS my signature and official aeal n the Coun
State afore.aid.
of Auquat
erlain, ..
n and who
me the exe
the ua.s
>" (SEAL)
NOTARY PUBLIC, State of
1
My Commission fxpires:
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LEGAL DESCIUPTJON ' f .
.Lou 15 .. 21~1 lnolu.lve, tot 30, and thilt pArcel
A....... aU la.Trac1.l ,or O&1away Shopp1ac Canter
.....Lbtteot..r-l!aMM'T~W">>OOk-J5..t ,.,a_7' oJ lh.
lJiicrrCoun:ty;71~ I and tClr.th~~ with thlt
nJW 1)'1"1' IOU~Md- adjacent to I..ot, 22 .. 21, In
If lac t..t oC th. Eut JtlW Un. or Stat. J\o.d N
SO&.ltherly prolonptlon or Ih. E.st line ota.ld Lot 2
01 Ol.t.w~)'__Sho~~_nr Canter.
.',>\
-"':'
-'
.ll1\&t.d .. .
accordi", to t I.
, bllc Itecotdl:
, rot or th. '2
uslve or ..id
5 and 1)'111I
I., ,hown on.
I
Lob 1 to 13 Inc1uatYf, Blodc 38, DEL-RATON PAI\K~.cCOrdl"C' to t
thereof recorded In the orClo. or Ih. Clerk or lhe Circuit Court In I.
'aim Ouch County, Flotlcil, In Plat BOOk 14, p..... . and 101 EX(;E
Ull.rdrom the toUowlnr dacrlbed pArcel or landl !tlon or Lot.
IndUlin, 810de 38., DEL-R.ATON PAR.K mo~ par. ulatly dUct .
loUow'l i _ .
Prom th.-Southw..t~r-n;r ot Lot lot 'Ild Block 2, run Hortherly l)n,
the W..t.,.I, Un...ot- Loti '1 I, 4, 3, 2 and 1 ot DI 3. tor a dIata lor
111.21 reet to the Hotthw..t oorn.r ot Mid Lot 11 th.ne. run t ly
alone the North Iln. ot aald Lot 1 tor I dIatlnc. ot. 44 t..t to a n Jn
Ihl Iro ot lour.,. concnt to the Wat Ind hnJnc I ~~dJU' ot 2142.'3 t,
thence run SOUlh.,l)' Ilone lhe Ire ot &l.ld our"e t~~ dIatlnc. ot "'2
tnl more or-I.. to I polnron the Soulh lIn. ot "Id Lot " Ihon ~un
W..t.,.ly"ore lhe South Un. ot Mid Lot 1 tor a dlatano. ot 21.12 t Ilto
the Soulh...t oorn.,. pt ..1d Lot I. AU .CCOrd1l to the plat 0 IIld
DEL-RATON -PAaX II r,corded In Pllt Dook 14, res. and 10, ~m
B'lch County Public Recorda. I
; AND
,
That porUon ot! Av.nueIlA!"la .hown on the plat ot 'I-Raton ptrk J
BOOk 14, Paru . IndllO :ot the PubUc Recordl ot 11m Seach C
Flo..Jda, ducrlbW II toUOWIt
, I
Commenclnr at the S.!. corner ot Lot 13, Block 3. 0
"Ine In the W..t boundarj or Tropic bIl, Plat Boo
Public R.ecordl ot Pllm Stach County, FlorJdal then
Soutb Un. ot Mid Lot 13, . dlltlncl ot 25.04 t..t to
th.nee South.rly. forml", In Inri. ot 12.04'25. tro
the Northerly ut'Man or FlorIda Boul,v'rd .. .
dblanc. of SO.O' t..t to the H.E. Corn.r ot Lot 41,
the ..Id plal ot D.I-Rlton Park, th.noe Wllt.,I)',
InrI. ot .....'3.11, .Ionl' thl South R1rht-ot-W., 11
IXlenllon thereat. I dlltanoe' ot 251.71 t..t to .
A1rht1t-WI)'line or ,.dI'll Hlrhw.y (u.s. No. I" I
&l.ld EI.t Rlpt-ot...W.y Un. with. GUrv. to the lett,
(orm. In Inollld.d Inrll.O! ".27'41", hav'",' 'Idt..
Ire le",th ot 10.01 C..t to. point I)'Jnr on the N ,th
Av.nu. .A"J thence Eut.~ly, lion, Mid Norl
AvenuIIIA", I dlatance or; 241.50 t..t, mot. I
)erJnnl~.
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IIld plat, ..1
24, Pare 235
Waterl)' II
. Point ot 8
..t to Soultl.
wn on Mid pi
ock 37, u aha
arml", an In
or Avenue II
t lytn, 'on th
oe Horlh.,ly
hON lnlUl1 .t
U4M3 '"'
Jrht-oC-~.J
t-or-wl)' 11
, 10 the Pot
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EXHIBIT A
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MEMORANDUM
S T A F F
R E P 0 R T
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TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
SUBJECT: AGENDA ITEM I.V. I
REGULAR MEETING OF AUGUST 15, 1988
REFERRAL FROM THE CITY COMMISSION REGARDING ZONING OF
ENCLAVE 45 (DELRAY TOYOTA)
ITEM BEFORE THE BOARD:
The action requested of the Board is that of making
a recommendation on a proposal regarding the zoning of
Enclave 45 (Delray Toyota property along S. Federal
Highway)
BACKGROUND:
,-'
Enclave 45 was before the Board on June 27th at which time it was
forwarded with a recommendation of GC zoning even though the
current use was that of a used car lot which is allowed only
under SC zoning.- During deliberation, consideration was given to
affixing SC zoning if the property were legally combined with
contiguous property which is under the same ownership. At the
public hearing, the agent for the owner stated such an
arrangement would not be accommodated.
Subsequently the City Commission supported the position of the
Board. At second reading of the enacting ordinance, an agent
sought a contin~ance so that he could explore cOmbining
contiguous proper'ty as a pre-condition to obtaining SC zoning.
The, City Commission asked that the Planning and Zoning Board
provide a recommendation, if indeed, the contiguous lots were
combined.
1m lications of COmbinin the Lots and Havin SC Zonin: By
cOmbining the contiguous parcels any expansion of building area
on one parcel would count toward the overall 30% increase which
triggers compliance with the special design regulations for
automotive uses. Further any redevelopment would allow the City
to consider the total area (slightly greater than two acres) as
opposed to individual lots. Further by combining the contiguous
parcels, the overall site would meet the minimum lot size
requirement for automotive uses in the SC zoning district.
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~o: Planning and Zoning Board
Re: Referral from the City Commission Regarding
Zoning of Enclave 45 (Delray Toyota)
Page 2
"
The downside of affixing the SC zoning is that the combined
properties would be able to comply with the development standards
for automotive uses on this property which is located east of
Federal Highway -- an area in which the location of new and even
the relocation of existing automotive uses is discouraged.
ASSESSMENT:
Given the existence of the automotive uses on both parcels (that
in the City and the property to be annexed) and the advantage to
be realized if redevelopment or significant expansion occurs on
either (existing) parcel i.e. advantages in terms of considering
the property in its totality, it appears prudent to recommend
favorably upon SC zoning given the proposed change in
circumstances.
Further, such a recommendation appears consistent with comments
made by individual Board Members at the 'June 27th public hearing.
The initial recommendation of the Board was made on a 5-2 vote.
RECOMMENDED ACTION:
By motion, based upon a change in circumstances i. e. combining
contiguous properties into a single parcel, to recommend that
Enclave 45 be annexed with initial City zoning of S.C.
Attachment:
face sheet for Enclave 45, June 27th report
~26/DELRAY'TXT
c ~T~\t" -O;L~~~ 1 ~~A~~AR
"
MEETING D=lTE:
AGENDA ITEM:
June 27. 1988
STAFF REPORT
-- -
II. r
ITEM: Consideration of Annexation and City Zoning for Enclave # 45
ilK.
PI;
DATA:
OWners ...............:'.William.\. C~rlain
Location ................Approx!mately 300 feet south of Tropic
Blvd. on the east side of Federal Hwy.
(U.S. 1.)
Description .............See attachment
Enclave Size ............1.01 acre
Jurisdiction ............Palm Beach County
County Land Use Plan . ;... L-M (Low to Medium Density Residential)
,
City Land'Use Plan ......C (Commercial)
COunty Zoning ...........CG (General Commercial District)
Proposed City Zoning ....GC (General Commercial District)
Current Use .............A portion of Delray Toyota
Water Service.......... . EXiSting 6" lines on Florida BlVd., and
8" line on Federal Hwy.
Sewer Service ...........Existing 24", line on west side of
Federal Hwy., and 8" line on Florida
Blvd.
ITEM :
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C I T Y
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COM MIS S ION
DOC U MEN TAT ION
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TO:
------.'-,
( WALTl'R O. BARRY, CITY MANAGER
~(~~i J MOUQe-c:
'DAVID J. KbVACS, DIRECTO~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF AUGUST 9 1988
AGENDA ITEM
DISPOSITION OR DIRECTION REGARDING THE IANDIMARINO
REZONING REQUEST (RM-10 TO Ge) ON LINDELL
ACTION REQUESTED OF THE COMMISSION:
Direction regarding disposition of this matter.
Options include:
a) proceed to public hearing and first reading of an
enacti~g ordinance of the item as submitted, i.e.,
four separate lots; or,
b) denial of the zoning petition based upon the
application of GC zoning being premature in that
under the given conditions the zoning mav lead to
strip commercial development.
BACKGROUND:
This rezoning petition was before the City Commission when ~he
recommendation from the Planning and Zoning Board was previously
forwarded. At that time, the Commission indicated its preference
for the four lots (which comprise the petition) being
consolidated into a single parcel prior to affixing commercial
zoning. With that preference stated, direction was given to come
up with a solution to accomplishing consolidation and then return
with the enacting ordinance. .
Throughout the course of this matter, the City staff has
discussed Mr. Iandimarino's situation with four different
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To: Walter O. Barry, City Manager
Re: Disposition or Direction Re the Iandimarino Rezoning
Request (RM-10 to GD) on Lindell
Page 2 ,
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attorneys (each representing Mr. Iandimarino) and the City
Attorney. Efforts to devise a solution which is acceptable to
the propertY,have not been fruitful.
\.. Ou.) n o/L
Thus, the matter is back before the City Commission for further
direction, or disposition, prior to drafting an enacting
ordinance and advertising for pUblic hearing. Mr. Iandimarino
has been notified that the item is before the Commission, and he
should be present.
Planning and Zoning Board Recommendation: The Planning and
Zoning Board, on a split vote, had forwarded this matter with a
recommendation that the zoning be applied without consolidation.
The basis of that recommendation took Mr. Iandimarino's offer to
work with the City on the development of the property in a
single, coordinated manner in good faith.
RECOMMENDED ACTION:
By motion: commission discretion.
Attachment: - Cover Sheet from Planning & Zoning Staff Report
REF/DJK#27/A:CCMARINO.TXT
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PLA
CIT
NG 8
F OELRAY
ZONING BOARD
BEACH
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STAFF REPORT
MEETING DATE:
APRIL 18, 1988
AGENDA
ITEM: III.D
CONSIDERATION OF A REZONING FROM RM-10 TO SC SPECIALIZED COMMERCIAL FOR
PROPERTY ON THE NORTH SIDE OF LINDELL BETWEEN FEDERAL HIGHWAY AND DIXIE
HIGHWAY (IANDIMARINO)
ITEM:
SOUTH
DElRAY
SHOPPING
CENTER
81( 47.
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GENERAL
~~ .-,
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DRTR:
Owner....................Oominic J. h.ndlMarino
Aqcnt...,..........., ....Dominic J. IandiHarino
,
Location......... '" .....North of Lindell Boulevard. between Dixie
Boulevard and Federal HiQ'hway
Property she............ 1.105 acres
City Land Use Plan.... ...MF-IO (MUltiple Family _ 10 units/acre)
ExistinQ City Zoninq... ..R,M-lO IHult'1ple FAmily ReSidential)
Proposed Land Use Plan...Commercial
Proposed Zon1n9..........SC (Specialized Commercial I
Adjacent Zon1n9..... .....North of subject property is zoned
County CO (General Commerciall: south,
east and west of subject property is
zoned City SC (Specialized Commerciall
Ex1stin9 Land Use........Four 5in91. f&mily homes
Proposed Land use.. ......Perm1tted and conditional use. listed in
the %on1n9 Cod. under the SC Zon1nq
District
Water Service........ ....An 8" main is located on the west side
of US Hiqhway No.1 adjacent Lot 1 and a
10" main exists on the South side of
Lindell BOulevard adjacent all tour of
lots.
Sewer Service........ ....Sewer exists within the trailer park
approximately 80' north. Hook up may be
accommodated throu9h extension of an 8"
~in to manhole in southeast corner of
trailer park IUnity of Title may be
required) .
ITEM: .III
.
C I T Y
COM MIS S ION
DOC U MEN TAT ION
1'1
FROM:
WALTER O. BARRY, CITY MANAGER
~~A~' ~~~
DEPARTMENT OF PLANNING AND ZONING
TO:
SUBJECT:
CONSIDERATION OF THE B~~ ANNEXATION REQUEST WITH
INITIAL CITY ZONING OF -lAA -- FIRST READING
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of FIRST
READING and setting a pUblic hearing date for an enacting
ordinance of the BYRD ANNEXATION, a voluntary annexation
request.
The Commission's pUblic hearing would be held on
September 27th.
BACKGROUND:
Attached is the Planning and Zoning Board staff report of August
15, 1988, which provides an analysis of the annexation and zoning
request. It also includes a discussion of various development
patterns/layouts which may be considered upon subdivision of this
property.
Planning and Zoning Board Recommendation: At its meeting of
August 15th, the Planning and Zoning Board recommended approval
of the requested annexation and zoning of R-1AA.
During the pUblic hearing there was public testimony for R-1AAA
zoning which several nearby residents felt would be more in
keeping with the neighborhood.
The applicant sought direction from the Board regarding the type
of subdivision layout which would be favored by the Board. He
expressed a desire to subdivide by using a cul-de-sac internal to
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To: Walter O. Barry, City Manager
Re: Consideration of the Byrd Annexation Request With Initial
City Zoning of R-1AA - First Reading
Agenda Item
Page 2
"
the property. This layout results in the rear yard of new lots ~\~
along Southwest 12th and Southwest 13th Streets. That result was
not acceptable to neighbors and the Board.
The applicants layout would accommodate a potential of twenty-six
(26) lots. A R-1AA layout without back lotting onto 12th and
13th would accommodate a potential of twenty-three (23) lots. A
R-1AAA layout would accommodate a potential of 17 or 19 lots.
The Board expressed opposition to a cul-de-sac layout but
that R-1AA development would still be in character with
neighborhood. The actual site design will be determined
review and action on the subdivision plat.
felt
the
upon
RECOMMENDED ACTION:
By motion: Approval of the enacting ordinance on first reading,
and direct the City Clerk to advertise for second reading and
public hearing.
Attachments: Planning and Zoning Staff Report of August 15th
Potential Site Layouts Per Applicant Representations
REF/DJK#28/A:CCBYRD.TXT
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PLANNING B ZONING
CITY OF OELRAY
BOARD
BEACH
"
MEETING DATE: AUGUST 15, 1988
STAFF REPORT
AGENDA ITEM:
III. B
ITEM:
CONSIDERATION OF ANNEXATION AND INITIAL ZONING OF R-1AA FOR THE BYRD PROPERTY
T SHORE OF LAKE IDA BETWEEN N.W. 12th ST. AND N.W. 13TH ST.
GENERAL
DATA:
Owner...........................c. Yancy~ III, Peo9Y R. Byrd,
John M. and Ann E. Byrd; C. Brown
and Kathleen R. Byrd
Agent................................... .Cliff Hertz
Broad , Cassel. Attorneys at Law
Locatlon........................N.W. 4th Ave. between N.W. 13th
St. And N.W. 12th St.
Property Sl.e...................9.51 Acres (414,316.98 Sq. ft.)
Clty LAnd Use P1An..............SF (Sln9le Famlly)
.'
Exlstln9 County ZOnln9..........RS ISln9le Famlly ResldentlAl)
Proposed Clty ZOnln9............R-1AA ISln9le FAmily Resldentl.1)
Adjacent Zoninq.................North and East of the subject
property 1. zoned R-1AA. South
1. zoned County RS and West 1s
Lake Ida..
Existing Land U.e...............M&n90 grove with two CBS
structures lce. ted on the
property.
Proposed Land Use...............single Family Residential
SubcUvi.ion
Water service...................Exi.tin9 6" main located on N.W.
4th AVe. and a 2 1/2" main
located on N.W. 13th St.
Sewer Service...................Existin9 12" sanitary sewer main
1ocate4 on N.W. 4th Ave. and an
8" main on N.W. 13th St.
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ITEM BEFORE THE BOARD:
"
The action before the Board is that of making a recommendation on
a voluntary annexation with initial zoning to R-1AA for a 9.51
acre parcel. The parcel is located on Northwest 4th Avenue
between Northwest 12th Street and Northwest 13th Street. This is
a portion of official Enclave area No. 13.
BACKGROUND:
Little background information is available on the 9.51 acre
parcel as it is a County enclave. The site is currently a mango
grove with two existing single family CBS structures. One
structure is located at the northeast corner of the site and the
other located in the center of the property. Access for both
structures is from Northwest 13th Street. The applicants have
indicated they wish to subdivide the property into single family
lots.
ANNEXATION ANALYSIS:
The 9.51 acre tract requested for voluntary
contiguous to the City via the residential single
to the north and east. The parcel is bordered to
County enclave and to the west by Lake Ida.
annexation is
family property
the south by a
Water Service:
The existing stru~tures are presently served by septic fields and
wells. From review of the water atlas and discussions with the
Utility Department water is available via a two and one/half (2
1/2) inch main along Northwest 13th Street and a 6" main along
Northwest 4th Avenue. With the development of the parcel a
requirement will be to loop the 6" main west from Northwest 4th
Avenue along Northwest 12th Street, and north to the intersection
of Lake Drive and Northwest 13th Street. To complete the loop the
existing 2 1/2" main along Northwest 13th must be upsized to a 6"
main from Lake Drive east to Northwest 4th Avenue.
Sewer Service:
From review of the sewer atlas and discussions with the Utility
Department sewer exists adjacent the site via a 8" lateral along
Northwest 13th street and a 12" lateral east of the property
along Northwest 4th Av~nue. With the development of the property
it will be necessary to extend sewer service the length of the
site.
To:
Re:
Plan
Byrd
East
Page
~ and Zoning Board
Annexation, Consideration of Annexation
of Lake Ida Road with Initial ZOlling of
2
of Property
R-1AA
..
Access:
The Planning and Zoning Department and Engineering Department are
recommending the continuation of Lake Drive south thru the
property to connect with Northwest 12th Street. This will
provide a north south access which currently does not exist
within the immediate three block area. The nearest north south
street is Northwest 4th Avenue along the east border of the site.
The current residential street system provides a three by six
block area with Northwest 4th Avenue as the only means to travel
north or south. With the installation of the proposed Lake Drive
extension, intra-neighborhood traffic would be better
accommodated.
With future development of the parcel right-of-way dedications
will be required, these include;
15 feet for both Northwest 13th Street and Northwest 12th
Street to total 50 foot' rights-of-way
10 feet along Northwest 4th Avenue for a right-of-way
total of 50 feet.
A potential of a 50 foot right-of-way for the extension of
Lake Drive as previously discussed.
Comprehensive Plan Matters:
The proposed Zoning designation
Family) and is consistent with
of (SF) Single Family.
for this parcel is R1-AA (Single
the current Land Use designation
The parcel is not part of any other Land Use Map or Plan.
Eligibilitv and Conclusions:
"
The property is part of an official "Enclave" area No. 13.
Annexation at this time will not sever the balance of Enclave
area No. 13 nor create an additional Enclave. The balance of the
Enclave is scheduled to be annexed under the Enclave Act
beginning in September with final approval by City Commission on
December 13, 1988.
To:
Re:
Plar
Byrd
East
Page
~g and Zoning Board
Annexation, Consideration o! Annexation
of Lake Ida Road with Initial Zoning of
3
of Property
,~-lAA
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Pursuant to the City's "Enclave report", this specific property
with the implementation of proposed sewer and water improvements
outlined in the staff report' will receive a cumulative Level of
Service A.
There are no required findings, other
create an enclave, required by Florida
of a voluntary annexation.
than annexation will not
Statutes prior to approval
ZONING ANALYSIS:
The proposed initial zoning designation is Rl-AA. The
application has been assessed under Section 173.888 "Standards
for Evaluating Rezone Requests". The following is a result of
that review.
Standards #1 and #2 (will the change be contrary to the proposed
Land Use Plan or existing Land Use pattern).
The proposed change is consistent
designation of SF (Single Family)
pattern of single family.
Standard #3 (spot zoning).
The proposed Zoning is not spot Zoning in that the designation is
consistent with Similar Rl-AA Zoning to the north, east and
south. The zoning designation of R-1AA is compatible with Lake
Ida and Lake Ida Park to the west which will receive a zoning
designation of CF (Community Facility) upon annexation into the
City on December 13, 1988.
with the current
and the existing
land use
Land Use
Standard #4 (load on public facilities).
This proposal is consistent with the Land Use designation for
which public facilities have been planned. The area currently
can al:tain access to City water and sewer which exist via a 2 1/2
inch wat:er main along Northwest 13th Street and a 6" water main
along Northwest 4th Avenue. With development of the parcel
extension of the 6" water main around the perimeter of the parcel
will be required.
Sewer exists via a 8" lateral along Northwest 13th street and a
12" lateral east of the property along Northwest 4th Avenue.
With development a sewer main extension should be provided along
N.W. 12th street to provide opportunities for neighborhood
benefit ,to the south ,which presently is without sewer
service. Opposition by the applicant may be encountered. (see
discussion under Development potential).
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To:
Re:
Planr
Byrd
East
Page
g and Zoning Board
~lnexation, Considerati~ of Annexation
of Lake Ida Road with Inittial Zoning of
4
of Property
R-1AA
"
Standard *5 (district boundaries illogically drawn).
The boundaries are logically drawn in that they include all
of the property owned and follow parcel boundaries.
Standard *6 (changing conditions made rezoning necessary),
Standard *7 (change adversely influence neighborhood), Standard
~ (change create increase traffic)
These standards do not apply as the request is an initial zoning
and corresponds with the existing zoning designation as imposed
by the County. Assessment of traffic impact will be made upon
review of a subdivision plat.
Standard *9 (change create a drainage problem).
The drainage is generally poor in the area and may create the
need for special consideration during the development design
stage. This item will be reviewed in detail during the platting stage.
Standard *10 (changes impact on light and air) and Standard *11
(effect of property values).
These standards do not apply as development will correspond
with adjacent Single family development.
Standard *12 (deterrent to improvement of adjacent properties).
The proposed zoning would not
R1-AA residential uses as the
potential development is the same.
be a deterrent to adjacent
zoning classification and
Standard #13 (special privilege).
Granting of this request does not constitute any
privilege to this property owner.
special
Stand~ra #14 (property
~ (change out of
appropriate zoning)
need of change).
used with existing zoning)
scale, Standard #16 (other
and Standard #17 (sufficient
and Standard
areas with
evidence for
These standards do not apply as this is an application for
initial zoning which corresponds to existing County Zoning.
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To: PlanL g and Zoning Board
Re: Byrd Annexation, Consideration of Annexation of Property
East of Lake Ida Road with Initial Zoning of R-1AA
Page 5
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ASSESSMENT:
The property is eligible
annex whenever possible.
adjacent zoning.
Development Potential:
With the property two development alternatives are possible.
for annexation, and it is City policy to
The proposed zoning is compatible with
The first, development of lots fronting on both N.W. 12th Street
and N.W. 13th Street. This development would be similar to
existing residential property and is recommended by Staff.
The second, of which the applicant has indicated a desire to
develop, would be a subdivision with an access street running
down the middle and a cul-de-sac at the end. The applicant has
expressed reluctance to provide the requested extension of Lake
Drive as it would interfere with this proposed layout. The
applicant has indicated a desire to install the sewer main
extension within the center roadway. A sewer main extension
internal to the proposed development would elliminate any
neighborhood benefit from the development of the property.
The development alternative of a center street would create
undesirable double frontage lots and lots with average depths of
approximetly 100 feet. Though in the R-1AA Zoning district the
average depth of existing residential lots range from 110 feet to
145 feet, with total square footages between 11,000 to 14,300 ft.
The existing lots are more representative of the R-1AAA District.
Lots created by the center road alternative would meet the R-1AA
Zoning requirement but would be out of "Character" with the
existing residential area. For these reasons the Engineering and
Planning and Zoning Staff would recommend denial of such a
request.
Development of the property should be with lots fronting on N.W.
l2th'a~d N.W.13th streets as to be consistent with the existing
"character"of the neighborhood. The extension of Lake Drive
should be provided in the interest of good neighborhood
circulation and better fire access. An initial consideration was
to require an S-curve thru the property to connect Lake Drive
(North) and Lake Drive (South) together. A straight alignment
from Lake Drive (North) south thru the property is proposed which
would eliminate the possibility of creating a "residential
raceway" and will minimize the impact of the requirement on the
property owner.
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To:
Re:
Plan,
Byrd
East
Page
,g and Zoning Board
Annexation, Consideration ot Annexation of Property
of Lake Ida Road with Initial Zoning of R-1AA
5
"
ALTERNATIVES:
1. Continue with direction~
2. Recommend approval of the Byrd Annexation upon positive
finding with regard to the fOllowing:
1. That the annexation of this part of Enclave 13 will not
create an enclave(s).
2. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
3. That the proposed zoning of R-1AA is consistent with
the adjacent zoning and complies (does not conflict)
with all of the seventeen standards for evaluating
rezoning requests as found in Section 173.888.
4.
The proposed zoning is consistent (does not
with the existing County zoning of RS.
conflict)
5.
The proposed zoning is consistent (does not
with the City's Land Use Plan designation of
Family) for the property.
conflict)
SF (Single
Prior to making a recommendation, the Board should seek and
obtain from the applicant acknowledgement of the following:
Obligation to provide water and sewer main extensions to the
western portion of the site and to upgrade existing service
along N.W. 13th Street.
Acknowledgment of the obligation to provide additional
right-of-way including:
15 feet for both NW 13th Street and NW 12th Street.
"
10 feet along NW 4th Avenue for a right-of-way
total of 50 feet.
A potential of a 50 foot extension of Lake
following the present alignment of Lake Drive
south thru the property to N.W.12th Street.
Drive,
(North)
RECOMMENDATIONS:
Alternative Number 2.
REF/PD#8/A:BYRD.TXT
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SALECO, INC.
Marketing Specialists
August 23, 1988
Schmier & Feurring Properties, Inc.
7777 Glades Road
suite 310
Boca Raton, Florida 33434
Gentlemen:
In response to your request of the week of August 14, Saleco,
Inc. accepted a contract to survey the shopping population of
Delray Beach and in nearby areas of Linton Blvd and Military
Trail. A copy of our contract of engagement is attached.
We concentrated our survey efforts at the corner of Atlantic and
Military Trail and dispatched four crews, one to each of the
sites (publix, Winn Dixie, Phar-mor and K-Mart). We also
conducted interviews at shopping centers at Linton and Military,
congress and Linton, and directly in some neighborhoods near the
intersection of Linton and Military. We conducted 86.4% of the
interviews at shopping centers, while 13.6% were made in
residential developments.
Our interviewers asked anyone who would respond several short
questions. Each interviewer was instructed to follow our
interviewer instruction sheet, a copy of which is attached. No
form of remuneration was promised or suggested. Each respondent
was allowed to examine an artist's rendering of the proposed
project if they wished to, although only a few asked to do so.
No attempt was made to influence the respondents' answers one way
or the other.
All participants who were either affirmatively in favor of an
Albertsons or didn't object were required to sign the answer
form. If a respondent objected initially, he or she was asked
whether or not their opinion would change if the Albertsons were
only open until 11:00 p.m. or 12:00 p.m. All of the above survey
responses were broken down by zip codes.
Those who objected to an Albertsons regardless of hours were not
required to sign or list their addresses. However, based on
their proximity to the site, all those who answered negatively
are presumed to live in Delray Beach. Our interviewers reported
to us that the sample is heavily skewed toward the elderly,
although there was no attempt to incorporate age as a factor in
analyzing survey results.
~~\
4821 N. Dixie Highway. Boca Raton. Florida 33431 . (407) 392-7850
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All our interviewers are our regular employees, mostly college
students, whose experience range from three months to three
years. The survey was conducted in the afternoons of the 18th,
19th, 20th and 21st of August. The weather was hot with some
rain, heavy on Saturday the 21st of August. A copy of the
questionnaire is attached. The raw data (the sheets themselves)
are available for audit.
Using the stratified Random Sample Technique, it was determined
that Delray Beach area, with its approximately 40,000 population,
would need a sample of 400 to yield accurate survey results.
However, pursuant to your instructions to obtain the most
accurate survey possible, and because our personnel were
available, we were able to obtain 1842 samples within the time
frame permitted. with our 1842 samples, 1587 of which were from
Delray Beach, the statistical significance of this survey has
been confirmed. In other words, even if 100% of the residents of
Delray Beach were surveyed, the results of the survey would not
be significantly different. A summary of the results of the poll
are as follows:
Total in favor: 1234 67.0%
Total don't object 354 19.2%
Total in favor with
reduced hours ~ 2.6%
Sub-Total 1635 88.8%
Total against 207 11.2%
Total Respondents 1842 100.0%
If only Delray Beach residents are polled, the results are as
follows:
Total in favor 1059 66.7%
Total don't object 276 17.4%
Total in favor with
reduced hours ~ 2.8%
Sub-Total 1380 87.0%
Total against 207 13.0%
Total Delray Beach
Respondents 1587 100.0%
Saleco, Inc. is an independent market research firm based in Boca
Raton. The company also has offices in Orlando, Tallahassee and
2
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Gainesville. We maintain a personnel roster of over 100 full and
part-time employees. Saleco has been conducting market research
reports for over 5 years throughout the state of Florida.
All results of this survey were tabulated by the staff of Saleco
and are an accurate representation of the residents surveyed.
Any questions regarding this survey should be directed to Michael
J. Allison or Richard D. Fleisher at (407) 392-7850.
Very truly yours,
(l"R Q1jU
Richard D. Fleisher
Director of Marketing
3
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SHOPPING CENTER SURVEY
RESPONSES BY CITY
Citv
Delray Beach
Boca Raton
Boynton Beach
other
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SHOPPING CENTER SURVEY
RESPONSES BY CITY
Number of Interviews Percentaqe
1587 86.2%
106 5.8%
96 5.2%
----2d 2.8%
Total 1842 100.0%
SHOPPING CENTER SURVEY
YES RESPONSES BY ZIP CODE
, , " " ',' ,; ," '.. ,,,.,~,, ,:-.':' ,,,,,,,,,:,",~_'l,\..,\,,:i,...,~,, ,; ":,,i~,.,,-,c',,;' ,,,"'~';'~''''li;;'';litihl~,k\:!iiK''I;tH){,'')l!.lKm'~'~'~'I'~'''''<')~~'~,fl};
SHOPPING CENTER SURVEY
YES RESPONSES BY ZIP CODE
The following number of persons in each zip code answered that
they either affirmatively want a 24-hour Albertsons' anchored
shopping center at the corner of Linton and Military or wouldn't
object to one being located there.
TOTAL PERCENTAGE OF
CITY/ZIP CODE IN FAVOR DON' T OBJECT NUMBER TOTAL SURVEY
DELRAY BEACH
33444 147 22 169
33445 423 105 528
33446 185 53 238
33483 12 3 15
33484 292 93 385
TOTAL 1059 276 1335 73.0%
BOCA RATON
33428 6 3 9
33431 16 3 19
33432 16 4 20
33433 6 3 9
33434 4 6 10
33486 6 1 7
33487 20 5 25
33496 2 3 5
33498 ~ ~ ~
TOTAL 78 28 106 5.7%
BOYNTON BEACH
33426 2 0 2
33435 28 13 41
33436 21 3 24
33437 17 10 27
TOTAL 68 26 94 5.2%
MISCELLANEOUS ~ 24 ----2d 2.9%
GRAND TOTALS 1234 354 1588 86.2%
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SHOPPING CENTER SURVEY
HOURS OF OPERATION OUESTION
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SHOPPING CENTER SURVEY
HOURS OF OPERATION OUESTION
Pursuant to the survey instructions, if a respondent answered
"no" to question number 2, they were asked: "If the Albertsons'
was not open 24 hours but was only open until 11:00 or 12:00
p.m., would you then be in favor of it?"
The following are the results of this portion of the survey
citv Number Percentaqe of Total
DELRAY BEACH 45 2.5%
BOCA RATON 0 0%
BOYNTON BEACH 2 .1%
OTHER ~ 0%
TOTAL 47 2.6%
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INSTRUCTIONS TO INTERVIEWERS
INSTRUCTION SHEET FROM SALECO, INC.
SHOPPING CENTER SURVEY
8/18/88
Instructions to Interviewers
Please conduct this survey as follows:
"Hello my name is , and I'm taking a quick grocery
store survey. May I ask you a few questions?"
1. The first question is: "Where do you usually do your food
shopping now?"
2. The second question is: "A new shopping center is going to
be built soon at the northeast corner of Linton and Military
Trail. The owners would like to include a 24-hour Albertsons
Food and Drug Store in the shopping center. Would you be in
favor of that?"
If the answer to this questions is no, ask the next question. If
the answer to this question is yes, then you need not ask the
next question. Just check off "not-applicable" for the next
question, and then complete the survey.
3. The third question is: "If the Albertsons' was not open 24
hours but was only open until 11:00 or 12:00 p.m., would you then
be in favor of it?"
If the answer to this question is yes, check the "yes" box and
complete the survey. If the answer to this question is no, ask
the fourth question, but you need not obtain the respondent's
name and address or have them sign the survey.
4. The fourth question is: "How far do you live from the corner
of Linton and Military?" Check the appropriate box.
5. Fill in the respondent's name and address and request the
respondent to sign the survey.
6. Say: "Thank you very much for your cooperation."
SHOPPING CENTER SURVEY
SAMPLE OUESTIONNAIRE
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GROCERY STORE SURVEY
1. Where do you usually do your food shopping now?
Name of store
Location
2. A new shopping center is going to be built soon at the N.E.
corner of Linton and Military Trail. The owners would like
to include a 24-hour Albertson's Food and Drug Store in the
Shopping Center. Would you be in favor of that?
Yes
Don't object/Don't Care
3. If the Albertson's was not open 24 hours but was only open
until 11:00 or 12:00 p.m., would you then be in favor of it?
Yes
Not Applicable
4. How far do you live from the corner of Linton and Military?
1 mile or less
2 miles
3 miles
4 miles
5 miles
over 5 miles
Name:
Address:
Apt. #
City:
State:
Zip:
Signature:
".;...,:.,.."""....-.,., .",,'..,',:
SHOPPING CENTER SURVEY
CONTRACT OF ENGAGEMENT
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CONTRACTUAL AGREEMENT
This will serve as the contractual agreement between Saleco, Inc., hereafter
called the Contractor, and Schmier & Feurring Properties, hereafter called the
Client.
Contractor agrees to:
1. Produce a survey that will enable the residents of Delray Beach to
respond in an objective fashion to the question of whether or not
they would use a new shopping center proposed for Delray Beach.
2. Secure complete survey forms from
and shopping centers within a two
at the corner of Linton Blvd. and
07-'/ LF J:Ef41 i/2C"/::> IW\f
r 31~urnish a report lis~i~g the total responses to each question by
8/22/88.
door to door canvassing
mile radius of the proposed
Military Tr.
site
Client agrees to:
1. Pay Contractor at the rate of $2.00 for each complete survey.
Payment will be made within 10 days from receipt of billing.
This contractual agreement will form the complete agreement between the two
parties, unless modified in written form.
._.._-'_._._~-- ~("'/'
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Chaz Averbook I V ("
Representing Schmier & Feurring Properties
,
yJJ;1/1l
Michael J. Allison
Representing Saleco, Inc.
''G/( Gig 0
Date
Kit rj f~
Date I
SHOPPING CENTER SURVEY
ARTIST'S RENDERING OF SHOPPING CENTER
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BUILDING
ELEVATIONS
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Palm Beach County, Florida
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SHOPPING CENTER SURVEY
SUMMARy OF RESULTS
SHOPPING CENTER SURVEY
SUMMARY OF RESULTS
ResDonse Number Percentaqe
Total in favor: 1234 67.0%
Total don't object 354 19.2%
Total in favor with
reduced hours -11. 2.6%
Sub-Total 1635 88.8%
Total against 207 11.2%
Total Respondents 1842 100.0%
If only Delray Beach residents are polled, the results are as
follows:
Total in favor 1059 66.7%
Total don't object 276 17.4%
Total in favor with
reduced hours ~ 2.8%
Sub-Total 1380 87.0%
Total against 207 13.0%
Total Delray Beach
Respondents 1587 100.0%
C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
O. BARRY, CITY MANAGER
FROM:
AJ~uc~,~ _
D J. KOVACS, DIRECT~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT:
CONSIDERATION OF A MAJOR MODIFICATION TO THE PREVIOUSLY
APPROVED SITE AND DEVELOPMENT PLAN FOR DELRAY TOWN
CENTER (ALBERTSONS)
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a major modification to the previously
approved site and development plan for Delray Town
Center.
Consideration of a major modification is handled the
same as a new submission. Thus, determinations
pursuant to Code section 173.867 apply.
BACKGROUND:
Attached is the planning and Zoning Board staff report for
meeting of August 15, 1988. The current site plan (exhibit
the report) and the staff report represent the description
understanding of the project as it currently exists.
conditions of approval, as recommended in the staff report,
been accepted by the project agent.
its
in
and
The
have
In addition to the site plan action, the City Commission also has
a request for consideration of a settlement which pertains to
related litigation. Some items contained in the request for
consideration of settlement are not included in the site plan
proposal while other items are accommodated in a manner which is
more exacting that set forth in the request. Further discussion
and direction regarding how the site plan action relates to a
potential settlement are referred to the City Attorney.
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To: Walter O. Barry, City Manager
Re: Consideration of a Major Modification to the Previously
Approved site and Development Plan for Delray Town
Center (Albertsons)
Agenda Item
Page Two
The attached staff
coordinated efforts
the applicant.
Planning and Zoning Board Recommendation: At its meeting of
August 15th, the Board reviewed the site plan, entertained a
presentation by the applicant, and took testimony from members of
the public who were present. Certain demands were made during
the course of public comment. A flyer highlighting some of those
demands is attached.
report is very extensive and represents
of City agencies, the County Engineer, and
The Board then, on a 6-1 vote, recommended denial of request
based upon an inability to make proper findings with five of the
ten standards of Code section 173.867. These standards and a
summary of Board reasoning are:
(B) Intensity of Use: The Board felt that the 16,315
sq.ft. increase in floor was substantial in that the upward
limits of the Limited commercial (LC) zone district were
already reached with the existing site plan. They also felt
that the change in use (from boutique to supermarket)
presented an unacceptable increase in intensity of use which
is not in keeping with the "purpose" statement of the LC
Zone District.
(D) Loading: The Board felt that accommodating a part of
the circulation system for semi-trucks on adjacent property
was inappropriate and further attested to the over-developed
nature of the project.
(E) Screens and Buffers: The Board felt that the fifty
foot (50') buffer which exists on the POC property to the
east should be continued along the north boundary of the LC
property in order to provide appropriate buffering.
(F) Drainage: The Board felt it inappropriate that
drainage is retained off-site and the situation further
attests to the over-developed nature of the project.
(J) Overall Assessment: The Board felt that the overall
project was not harmonious with nearby properties, as
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To: Walter o. Barry, City Manager
Re: Consideration of Major Modification to the previously
Approved Site and Development Plan for Delray Town
Center (Albertsons)
Agenda Item
Page Three
attested to by the pUblic testimony, and felt that its
construction would lead to a lowering of property values of
existing residences.
In addition to the assessment of the project, the Board was also
presented with a staff request to comment upon the
appropriateness of a special "impact fee" for road improvements,
which is above and beyond the standard County Road Impact Fee.
This item is fully addressed on pages 8 and 9 of the staff
report. It is the consensus position of the City Engineer and
Director of planning and Zoning that the special fee is not
necessary. The Board deferred to the City commission regarding
the appropriateness of continuing with the imposition of the
special impact fee.
ALTERNATIVE/REQUESTED ACTIONS:
I. Provide direction regarding the special impact fee.
2. Endorse the planning and zoning Board recommendation
and reject the previous request to address settlement.
3. Reject the Board's recommendation and approve the
requested modification based upon the findings and
recommended conditions of approval as contained in the
Board"s staff report.
RECOMMENDED ACTION:
The Director of Planning and Zoning forwards the recommendation
of the Board for consideration by the City Commission. However,
further advice and recommendation should be provided by the City
Attorney with respect to the pending litigation prior to action
by the Board.
Attachment: Planning and Zoning Staff Report of August 15th.
Flyer and Letters Provided at the Board Meeting
REF/DJK~25/A:CCALBERT.TXT
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DUNCAN CONfERENCE CENTER
of the Palm Beaches
15820 S. MILITARY TRAIL. DELRAY BEACH, FL 33484. 407.496.4130
REQUESTS
1. ONLY 85 THOUSAND SQ. FEET OF BUILDING
(This was the size provided for in the both the zoning and site approval
hearing with the City Council by the developer)
2. 50 FOOT NATURAL BUFFER ZONE (North Boundry Of Property)
(With the addition of such trees and plantings required to insure adequate
visual and sound protection) Buffer to run the entire length of property,
not just between golf course and office complex. Provide all with protectioJ
3. 6 Foot Concrete Block Wall (south side Of bUffer zone)
(To help provide for the safety and security of Duncan Center guests,
and help control parking, trash, etc. for development)
4. Operational and Delivery Hours
7:00am - 9:00pm
(Since immediate neighborhood and adjacent neighbor [Duncan Center] are
both residential and sleep at night)
thank you.
An Affiliate of the Episcopal Diocese of Southeast Florida
PLANNING
CITY OF
<'5
OELRAY
ZONING BOARD
8EACf--~~
MEET r NG DATE ~
STAFF REPORT
AUGUST 15. 1988
AGENDA ITEM:
IV. A
CONSIDERATION OF SITE PLAN APPROVAL FOR ALBERTSON'S AT DELRAY TOWN CENTER
ON THE NORTHEAST CORNER OF MILITARY TRAIL AND LINTON BOULEVARD.
ITEM:
AD
R -1AA
IV
\O'N~ CENoTERt
?\..1'\"'2. PI
GENERAL
DATA:
Owner...........................Anthony V. Pugliese, III
Agent.......................... .Dou~ Feurring
Located.........................Northeast corner of Kilitary
Trail and Linton Blvd.
Property Sire...................9.96 Acres (433,857 Sq. ft.)
Lend Use Plan Designation.......Commercial
Zoning Designation..............LC (Limited Commercial)
Adjacent Zoning.................North qf subject property is
zoned SAD (Special Activities
District). South is zoned GC
(General Commercial). East is
zoned POC (Planned Office
Center) . West is zoned County I!K
(ResIdentIal Kultlple FamIly).
Exlatlng LAnd Use....,..........Vacant Land
Proposed Land Use...............Shopplng Center
Water Servlce...................12" water main located on
KIlitary Trail, and a 10" water
located located on Linton Blvd.
Sewer service...................Servlce to be provided by
extension of 8" main from
c:....A.........._~_
ITEM
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ITEM BEFORE THE BOARD:
The action requested of the Board is that of making a
recommendation on a major modification to a previously approved
site and development plan. , The provisions of Code Section
173.869 (D) require that once a determination is made that the
requested modification is "major". It is required to "go through
the application, review and approval process as for an original
site and development plan application".
Since the project is subject to full review, the "standards" of
Section 173.867 apply.
BACKGROUND:
Proposals for development of the property at the northeast corner
of Linton Boulevard and Military Trail have been quite
controversial. There are several files which are loaded with
background material. A chronology of events is as follows:
*
1985/86 - A Land Use Map Amendment request (SF to C) and
concurrent Rezoning request (R-1AA to GC & POC) were I
processed. Also, a site and development plan for the Delray
Town Center (87,990 sq.ft. of retail) and for the Delrav
Town Center Executive Plaza (98,950 sq.ft.) was processed.
*
June 23, 1986 - The Planning and Zoning Board on a 4-3 vote
recommended denial of the plan amendment and rezoning
petitions.
*
July 8, 1986 - The plan amendment was forwarded
following a hearing before the City Commission.
Commission's vote was 4-1.
to the State
The
* November 3, 1986 - The Planning and Zoning Board failed to
provide a recommendation on the site and development plan
(3-3 vote). The site plan had two components, the retail
project and the office park.
November 25, 1986 - A modified
and modified rezoning petition
site and development plan,
Commission (4-1 vote).
*
Plan Amendment (C and POI)
(LC and POC), along with
were approved by the
the
City
*
June, 1987 - An amendment to the Land Use Map to affix C
designation instead of the POI designation on the eastern
portion of the site was submitted.
*
August 24, 1987 - The Planning and Zoning Board recommended
unanimously that the request be denied.
*
September 14, 1987 - The Land Use Map Amendment request was
officially withdrawn by the agent.
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
Site and Development Plan - Albertson's
Page 2
* August, 1987 - A site plan modification on the westerly ten
acres was submitted. It was for a development of 101,417
sq. ft. (compared to 85,105 sq. ft., which was approved)
which included a supermarket, free-standing bank,
free-standing restaurant, and retail uses.
* October 19, 1987 - The planning and Zoning Board considered
the submission, which had two major deficiencies, and
recommended that it be denied.
* November 10, 1987 - The City commission followed the Board's
recommendation and denied the requested modification.
* December, 1987 - The property owner and others file an
action in the 15th Judicial Court for judicial review of the
City's action.
* February 11, 1988 - The petitioners filed for an extension
with the Court in order to amend their petition.
* May 24, 1988 - The petitioner's attorney tendered a
settlement and queried as to whether the City Commission
would revisit the site plan action.
At a meeting of the City Commission, it was directed that
the site plan would only be revisited upon processing of a
revised submission, thus requiring Planning and Zoning Board
review and recommendation.
*
July 1, 1988 A revised submission was made.
submission, as amended by a site plan revised pursuant
initial staff review comments, constitutes the proposal
before the Board.
This
to
now
PROJECT DESCRIPTION:
The westerly parcel constitutes the site plan which is being
modified. 9.96 acres of land are involved in that portion of the
site. 101,417 sq. ft. of floor area is shown with no second
story space. There is a principal tenant of a supermarket
comprising 63,442 sq. ft. Other uses are:
free-standing restaurant, sit -down, 5,000 sq. ft.;
free-standing bank with three drive-up tellers, floor
area of 5,000 sq. ft.;
assorted retail of 27,975 sq. ft..
The major points of controversy (besides land use) which resulted
in a recommendation of denial in October, 1987, have been
addressed as follows:
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
site and Development Plan - Albertson's
Page 3
Dedication of additional riqht-of-way: The additional
right-of-way required for an expanded intersection will be
provided. Further, the special thirty foot (30') landscape
treatment along Linton Boulevard is provided beyond the
right-of-way and entirely upon private property.
Traffic Safety: An accessway is shown across the property
east of the shopping center site. It will be constructed
concurrent with the shopping center. In addition, the
developer proposes to design and financially guarantee a
"peanut" to be installed in the existing median opening
nearest Military Trail. When warranted, the "peanut" would
be installed and cross-movements and left turn out movements
will become prohibited.
Other modifications to the previous site plan include:
Drive-up Tellers: These features have been relocated to
the north of the bank (similar location to previously
approved site plan). The bank includes an architectural "
feature which ties the teller stations to the main building;
thus, reducing visibility of the tellers and vehicles from
the line of vision along Military Trail.
Bank Location: The bank has been located adjacent to the
thirty foot landscaping area thus eliminating parking areas
and vehicles from the visual field along Linton near
Military Trail.
Common Area Landscaping: Where there is a landscape feature
between the retail and office projects, the full width of
the perimeter landscaping will be installed with the retail
center development.
Other features of the proposed site development include:
North Boundary: A six foot concrete masonry wall will
be constructed south of the existing ficus hedge which is
located along the south boundary of the James L. Duncan
Conference Center. South of the wall there is a planting
area in which Eucalpttus Torelliana will be place -- initial
height of twelve feet (12').
Temporary Service Drive: A temporary service drive is
provided for semi and other delivery vehicles. The drive is
on the site to the east and will be accommodated via an
easement once the property is platted. Design of the
easterly parcel will accommodate semi-truck traffic.
Lake Maintenance: The lake will be developed only to the
size to accommodate the western site. It will be expanded
when the easterly portion is developed. It is anticipated
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
Site and Development Plan - Albertson's
Page 4
that only minimal bank treatment will be provided until
ultimate development occurs. The buffer areas to the north
and east of the lake will not be disturbed except as
necessary for the construction of the sewer main.
Perimeter Landscapinq: The landscaping along Military
Trail and Linton Boulevard is placed toward the interior of
the planting area so that it is not impacted by future road
widenings. Also, a continuous, undulating, hedge is
provided along all frontages and entries.
Impact on balance of site: Accommodating drainage
devices, water mains, and a primary accessway sUbstantially
affects the previously approved site plan for the office
park. That previously approved site plan will no longer
work on the site. A conceptual site development layout has
been provided, thus showing what may be expected. That
conceptual layout is for illustrative purposes only. f
Assuming that the modification before the City is approve~
and the court action dismissed, the currently approved sit~
plan for the office park will become void since its period
of approval will have expired.
PROJECT ANALYSIS:
Code Section 173.867 STANDARDS FOR
DEVELOPMENT PLAN APPLICATIONS applies.
EVALUATING SITE AND
The evaluation follows:
(A) Sufficiency of Statements and Graphic Materials:
traffic study and a complete site and development plan
paCkage has been provided. All requested materials
provided.
An update
submittal
have been
(B) Density or proposed use of the subiect property: The
increase in floor area (101,417 sq. ft. versus 87,990 sq. ft.)
is 13,427 sq. ft. The proposed change in use is that of
introducing a restaurant as a new, free-standing use and of
providing for a supermarket (Albertson's). Although an increase
in floor area and a more intense use occurs with the supermarket,
the increase is not significant in terms of additional traffic
generation. This is documented in the traffic study.
A question has been raised about the appropriateness of the
proposed uses. The free-standing restaurant and the
drive-through banking facility are listed as permitted uses in
the LC zone district. Although the purpose statement of the LC
district states an intent for limited retail commercial
activities and offices, and continues with an intent to "preserve
the character of certain specialty retail and office centers", it
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To: Plannin~ and Zoning Board
Re: Approval of Major Modification to Previously Approved
site and Development Plan - Albertson's
Page 5
does allow "department stores", "drugstores", and "food
as permitted uses. Thus, the uses as identified
submission appear permissible.
stores"
in the
A use which is not identified in the submission but which is
usually associated with the Albertson's Food Stores is that of a
"packaged liquor store". That use is not permitted in the LC
zone district. It is allowed in the CBD, GC, SC, and CC zone
districts.
(C) Inqress and Egress: On-site circulation systems are
adequate and are designed appropriately. All code provisions are
met. Bicycle racks are provided in several locations. A
pedestrian way is provided from Military Trail to the main
building. Revisions were made to the travel ways for the
semi-trucks in order to accommodate their special needs.
The project will have access from Military Trail by installing r
median cut for its northerly entrance. Turning lanes will br
provided along northbound Military Trail at two points of access.
A right turn lane will be provided from Linton onto Militar1
Trail. Also, a continuous right turn lane will be provided along
the entire length of the site along Linton.
A point of contention remains with respect to the main accessway
to the site. The developer has stated that he will agree to
install the accessway over the easterly site but that the left
turn lane (west approach), and a right turn lane (east approach)
would be installed only upon development of the office building.
They claim that "any further future improvements at this median
opening such as signalization or additional turn lanes are not
site related and will be the responsibility of the City and/or
Palm Beach County". The developer has also requested that the
"peanut" (which restricts crossing and left-turn exiting
movements) at the westerly median cut not be installed until
deemed warranted by the County Engineer.
The City Staff position is somewhat agreeable with the above.
However, once'the "peanut" is installed and left turn movements
(eastbound off Linton) into the Center occur, it will be
necessary to modify the median. This improvement is directly
related to the site and is, thus, the responsibility of the
developer. The same is true for the right turn entry (westbound
on Linton) to the site the right turn lane becomes the
developers responsibility. The control for these improvements
really rests with the County Engineer who issues the permit for
the driveway connection with Linton. The City Staff is agreeable
to allow for the negotiation of the timing of these
improvements provided that their eventual installation does not
impede installation of the "peanut", i.e., if the "peanut" is
installed and the necessary improvements are not in place at the
most easterly entry, the project may not have full access while
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
site and Development Plan - Albertson's
Page 6
the improvements are being made. Also, it is
that the design and construction of the
responsibility of the developer, and he will,
not install it.
the staff
"peanut-
at least,
position
is the
finance if
The City Staff concurs that future signalization and
intersection improvements required by the connection of the
future street from the south to a point across from the most
easterly median cut is not to be a responsibility of this
project; however, signalization may be required upon development
of the office park unless such improvements are desired by the
project.
upon resolution of the responsibility for installation of the
necessary improvements, this standard for evaluation will be met.
(D) Off-street parkinq and loadinq areas: The City's
requirements for off-street parking and loading areas arl=
numerically met. The design of the facilities meets code and
appear to be functional. An adequate number of handicap parking
spaces are provided, and they are properly located to serve all
buildings.
(E) Screens and Buffers: Extensive perimeter landscaping is
provided along Linton Boulevard and Military Trail. The common
boundary landscaping areas between the eastern and western
portions of the overall site will be installed with this first
development. The screening and buffering along the north
property line (Duncan Center) meets code. The combination of the
existing hedge, the proposed wall (6' concrete), and planting of
trees with an initial height of twelve feet (12') satisfy code
requirements.
The initial submission included lighting details which shows
"spillover" onto property to the north, and the fixtures exceeded
the height allowed by the City. The lighting plan is being
revised to comply and to prevent spillover.
(F) Drainage: The proposed drainage plan does not affect pUblic
drainage capacities. On-site drainage is proposed. The lake to
the east will accommodate all project drainage. Details of this
drainage solution will be more fully explored during the platting
stage which follows site plan action.
(G) Sanitary Sewer: The sanitary sewer system which this
project will use is located in Shadywood. A sewer main, with
easement, has heretofore been stubbed to the eastern property
line of the overall site. The proposed sewer accommodation is
appropriate.
(H) Utilities: A ten inch (10") water main runs along the
project frontage of Linton. Adequate water service for fire
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
Site and Development Plan - Albertson's
Page 7
fighting is available. Properly located fire hydrants have been
shown on the site plan.
Relocation of large facilities
necessary to accommodate the
This matter must be addressed
stage of platting.
(I) Recreation and Open Spaces: Normally this standard would
not apply to a commercial project. However, at the time of
rezoning a commitment was made to the Shadywood homeowners that
a seventy-five foot (75') buffer would be provided along the east
portion of the overall site and a fifty foot (50') buffer along
the north part of the eastern parcel. This buffer was to remain
in a nearly natural condition. It will only be disrupted by
this development as necessary for the sewer main extension. In
order to assure that the modifications required of the office
center site plan do not void the previous agreement, it ip
appropriate that an amendment to that agreement (declaration) be
recorded.
which have overhead power lines is
associated street improvements.
early on in the preliminary plan
(J) Site Development: This standard pertains to
assessment of the site and development plan with
attention to compatibility with adjacent and nearby
and the city as a whole.
an overall
particular
properties
In that the proposal conforms with
standards of the City, accommodates
requirements, and has provided details
Military Trail and bike racks, it
standard.
all site and development
the special landscaping
such as the walkway from
appears to satisfy this
The elevations and
Community Appearance
minimal comment.
landscaping
Board and
plans
have
have been before
received approval
the
with
CONCLUSIONS/ASSESSMENTS:
Given that the proposed site and development plan conforms with
the underlying zone district and presents only a 14,000 sq. ft.
incremental addition to a previously approved site plan, it
appears appropriate to forward the item to the City Commission
with a recommendation of approval.... provided that agreement is
reached on the proposed conditions of approval.
Other approaches to disposition of the item are: I) to consider
the proposed use too intense for the zoning district designation
of Limited Commercial (LC). Other areas where the LC district is
applied in the City include:
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
Site and Development Plan - Albertson's
Page 8
Old Harbor Plaza and Old Harbor Office Complex;
East Atlantic Avenue, east of the Intercoastal; and
Shops of Seacrest (undeveloped).
and, 2) to view the action in terms of modification of the
existing site plan and deem that the increase in floor area and
type of use is a significant deviation from that which was
previously approved; and, as such, is detrimental to adjacent and
nearby properties and to the city as a whole.
IMPACT FEE:
This project will install street improvements as set forth in the
conditions of approval. In addition it will be assessed
approximately $228,200.00 for road impact fees at the time
building permits are issued. At the time of approval of the
existing site plan a requirement for additional impact fees pe~
the following was imposed as a condition of approval: I
In addition to road impact fees otherwise required, a
contribution shall be made to the City of Delray Beach to
assist in the construction of two additional lanes on Linton
Boulevard and Military Trail (i.e., to ultimately widen the
road from four lanes to six lanes) along the frontages of
the property. To ensure that adequate roadway capacity is
available to serve this development in the future, such
contributions shall be made in accordance with the following
fair share formula:
(a) # external trips X percent of trips assigned to
frontage = # assigned trips;
(b) At divided by capacity of two additional lanes (i.e.,
14,000 trips per day) = project percent of additional
necessary capacity;
(c) PP X cost of two additional lanes from one mile
($750,000 or other approved amount) X # miles of
frontage = fair share contribution.
The above contribution shall be calculated for the entire
property and allocated to each parcel and frontage on an
acreage basis, or a separate trip generation/assignment
calculated on each parcel, at the option of the applicant.
Such calculation must be approved by the City prior to plat
approval. The amounts so derived from each parcel shall be
paid at the time of the first Certificate of Occupancy of
that parcel provided; however, that at such time as a
contract is let for the construction of the additional two
lanes, the balance of the total amount due shall be payable
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
Site and Development Plan - Albertson's
Page 9
to the City by the owner(s) of the remaining undeveloped
tracts, upon thirty (30) days written notice by the City.
(From previous conditions of approval.)
The intended purpose of this additional fee was to "assist in the
construction of two additional lanes on Linton Boulevard and
Military Trail (i.e., to ultimately widen the road from four to
six lanes) along the frontage of the property".
Apparently, the above formula was applied to property along
certain arterial roadways. However, other aspects of
administering such an impact fee were not put in place. Given
this understanding, it is the combined opinion of the City'
Engineer and the Director of Planning and Zoning that the
imposition of this condition is inappropriate.
ALTERNATIVE COURSES OF ACTION:
1. Continue with concurrence and direction.
2. Recommend denial based upon one, or both, of the
approaches addressed under the conclusions portion of
this report.
3. Recommend approval subject to conditions.
RECOMMENDED ACTION:
By motion: Based upon consideration of the ten standards for
evaluating site and development plan applications, recommend
approval of the proposed modification to site and development
plan for Delray Town Center subject to the following conditions:
1. Platting is required. The plat must contain the entire
twenty acres and create two parcels plus providing for
dedications, utility easements, and access easements over
the eastern portion in favor of the western portion.
2. The preliminary plat submission must, in addition to normal
submission items, address:
a) relocation of overhead power lines;
b) preliminary comment from LWDD and SFWMD, as
appropriate, regarding the drainage solution;
an amendment to the covenant ~~ablis
along Shadywood; 1~\Yl
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c)
a draft of
the buffer
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To: Planning and Zoning Board
Re: Approval of Major Modification to Previously Approved
Site and Development Plan - Albertson's
Page 10
d) formal comment from the County Engineer regarding
improvement requirements along Linton which will be
imposed for any access permits;
e) draft language for the plat's dedication statement; and
f) updated, as necessary, plans for improvements to
Linton and Military Trail.
3. That the developer be responsible for the following
improvements to the street system:
a) continuous right-turn lane from along Linton from
Military Trail eastward to, and including, the taper
lane east of the easterly most access;
b) modifications to the most easterly median in Linton
Boulevard in order to accommodate left turn movements
into that entry;
c) turn lanes and median cut along Military Trail per the
traffic report;
d) the design and financial guarantee for the "peanut" __
installation shall be by the County (or City) when the
need is deemed appropriate by the County Engineer;
4. That the lighting plan (page 5 of 16) reflect standards
which do not exceed 251 in height, do not allow for
spillover onto property to the north, and which have
illumination which is below the maximums permitted within
the City on private property.
5. That upon construction a contribution shall be made to the
City for beautification of Linton Boulevard and/or Military
Trail. Such contribution shall defray the cost of
irrigating and landscaping the median on both roadways in
accordance with plans developed by the City. Such
contributions shall not exceed $10.00 per foot of frontage.
Credits may be given against this amount for improvements
installed by the developer for such irrigating and
landscaping of the medians.
6.
That there shall be no pole signs (except
directional and informational signing) on the
free-standing signing shall be monument signs.
for interior
site and all
I"
REF/DJK#27/C:TWNCTRSP.TXT
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DUNCAN CONfERENCE CENTER
of the Palm Beaches
15820 S. MILITARY TRAIL. DELRAY BEACH, FL 33484 . 407.496.4130
Dear Member Planning & Zoning Board,
July 29, 1988
I am sending you this letter in regard to your role as a member of the City of Delray Beach
Planning and Zoning Board. I am the Executive Director of the Duncan Center, the
property immediately adjacent to the proposed "Albertson's Department Store"complex
now under review for the northeast corner of Linton Blvd. and Military Trail.
The Duncan Center which is owned and operated by the Episcopal Church (Diocese of
Southeast Florida) has become an educational and spiritual center for thousands of
members of the Episcopal Church, both on a local and national basis. Several
thousand guests annually retreat to the center, bringing additional business to
our city merchants. They.come also because of the Duncan Center setting, quiet
peaceful and relaxing.
.
Several years ago when your board granted approval to the church to move ahead
with construction of this educational/spiritual center, we did so trusting the
existing zoning of residential would be maintained, thus providing for the continued
protection of our site. It is also worth noting that this corner provides many I
of our city's guests with their first impression of Delray Beach. I
As, time moved on, so did developmental plans. A few years ago you were presented with
a proposal to enable the land immediately adjacent to the Duncan Center to become
re-zoned to "Limited Commercial" and developed according to a site plan. Trusting
in the good faith and int~grity of the owner and developer who showed us a plan
with very low density, high quality boutique style shops, we did not oppose this
change. I feel certain members of our city government who approved this zoning
and land use change also took this man at his word.
What was once presented and promised as a peaceful, limited use, high quality
collection of small shops that both the neighbors and city could be proud of, has
now been turned into a very highly intense usage, featuring a 24 hour, 7 day a week
Food-Department Store complex. According to this plan, the parcel of land immediately
adjacent to the Duncan center will be used for tractor trailer docks, dumpsters,
service vehicles, high power security lights and such, all necessary for such intense
commercial usage.
Fortunately our city fathers had the insight that such problems might occur, and they
provided a system of "checks and balances" for such. While this land has been
re-zoned to "Limited Commercial", such a zoning level provides that such usage must
be compatible with the existing usage and neighborhood. The responsibility of
of making such decisions based on wise counsel and judgement for the best of all
city residents now rests in your trusted hands as members of the Planning and
Zoning Board.
I would ,like to exercise my privilege as a city resident and inVite you as a member
of this board to join me for a brief [15 minutes or less] personal tour of our facility
and land usage. I will be calling you in the next few days to set up a convenient
time that hopefully will fit into your schedule so that I might have the opportunity
to show you the site personally.
Dir
An Affiliate of the Episcopal Diocese of Southes" FIMirlo
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
'11
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FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
BARRY, CITY MANAGER
TO:
SUBJECT: CONSIDERATION OF THE HIDDEN LAKES SITE AND DEVELOPMENT
PLAN
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the
of a site and development
Subdivision, a zero line
Boulevard.
Commission is that
for the proposed
development east
of approval
Hidden Lake
of Homewood
BACKGROUND:
Attached is the Planning and Zoning Board staff report of August
15, 1988, which provides an analysis of the site plan submittal.
Additional background information is available in the staff
report for the rezoning action which is still before the City
commission at 2nd reading. Final action on the rezoning is
scheduled concurrently with review of the development proposal.
Planning and Zoning Board Recommendation:
August 15th, the Planning and Zoning Board
of the development proposal subject to
conditions, as recommended by the Board,
separate exhibit.
At its meeting of
recommended approval
conditions. Those
are attached in a
The Board's recommendation differs from the staff recommendation
in the following aspects (identification numbers are those from
the staff report):
(B) The Board supported a variance being granted for a
reduction in lot width and setback reduction for the
lot located immediately south of the entrance road.
3'2-
To: Walter o. Barry, City Manager
Re: Consideration of Hidden Lakes Site and Development Plan
Agenda Item
Regular Meeting of August 23, 1988
Page 2
~) Deletion of a proposed condition that park benches be
added to the park areas and a tot lot provided within
at least one park area.
(3N) A new #3 which calls for the deletion of Lot 7 and the
area developed as a part of the recreational complex,
including the provision of additional parking.
(6) Deletion of a proposed condition that each unit have a
two-car garage.
Renumbering of 7 to 6, and 8 to 7.
RECOMMENDED ACTION:
By motion: Approval of the site and development plan for Hidden
Lake based upon the findings as recommended by the Planning and
Zoning Board and subject to Conditions 1 through 7 inclusive as
recommended by the Planning and Zoning Board.
Attachments: Planning and Zoning Staff Report of August 15th
Determinations and Conditions as Recommended by the
Planning and Zoning Board.
REF/DJK#28/A:CCHIDDEN.TXT
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CONSIDERATION OF ~HE SITE PLAN APPROVAL FOR
HIDDEN LAKE DETERMINATIONS & CONDITIONS AS
RECOMMENDED BY THE PLANNING AND ZONING BOARD
AT ITS MEETING OF AUGUST 15, 1988
RECOMMENDATION:
Based upon
Plan and
approval of
compliance with the
the PRD-7 Zoning
the site plan sUbject
Standards for Evaluating a Site
District regulations recommend
to the fOllowing:
1.
A. Recommend to the City Commission that a waiver to the
requirement for sidewalks on both sides of the street
and attendant reduction to the right-of-way requirement
be granted, thus allowing sidewalks on one side of the
street with the exception of the entrance road and the
eastern leg of the loop road.
B. Recommend to the Board of Adjustment that a variance
be granted to allow the reduction of the lot width and
setback for the lot located immediately south of the
entrance drive.
2. That the following items be provided as a apart of the
preliminary plat submittal:
improvement plans for a left turn lane north approach
at the Homewood Boulevard/entrance intersection.
off-site easements to
and sewer facilities
subdivision.
allow connections to
within the Lago
the water
Del- Rey
limited access easements coinciding with the landscape
buffer treatment along Homewood Boulevard and Casa Way.
provide a note on the plat stating that "maintenance of
the landscaped area between the property line and the
edge of pavement of Homewood Boulevard is the perpetual
responsibility of the Homeowners Association".
provide verification of the size of the existing lift
station and determine its capability to accomodate this
project.
provision of easements to cover the utilities located
within the private streets.
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identification of the private street system and common
areas as individual tracts.
- the status of permitting by L.W.D.D. and S.F.W.M.D
3.
That Lot 7 be deleted
recreational complex,
parking.
and the area developed as a part of the
including the provision of additional
4.
That at least three building elevations
reviewed by the Community Appearance
consideration of the final plat by the City
be provided
Board prior
Commission.
and
to
5. That additional landscaping be provided for the individual
units with approval by the Community Appearance Board prior
to consideration of the final plat by the City Commission.
6. That the agent understands that additional green/ buffer area
along the southern perimeter of the site and/or fencing may be
required upon further review.
7. That this approval be valid, pursuant to Code Section 173.868
for eighteen months.
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PLANNING B ZONING
CITY OF OELRAY
BOARD
BEACH
MEETING DATE: AUGUST 15, 1988
STAFF REPORT
AGEr-m ITEM:
IV. E
ITEM:
CONSIDERATION FOR SITE PLAN APPROVAL FOR HIDDEN LAKE ON HOMEWOOD BLVD.,
BETWEEN HOMEWOOD LAKES SUBDIVISION AND LAGO DEL RAY.
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RM-IO
LAGO DEL RAY
PLAT U-A
BK.39, PG.170
~, R-1AA
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GENERAL
DATA:
Contract Purchaser....... '" ....Nathan Hiller
<>.mer.............. " " . . ...... .Aron Drost and Ronald Rosenfeld
Agent.......................... . Nathan Killer
Location.................. ..... .West side of Homewood Blvd.
between HoDewoo<1 Lake.
Subdivision and Laqo Del Ray
Property .lte...................14.3t Acres ~623,483.93 Sq. ft.)
City Land Use Pl.n..............HF_lO (Multiple Family-IO unitsl
acre)
EXlstlnq City Zoning..... .......RH-IO (Multiple Family
Residential)
Proposed Zoning.,........ .......PRD-7 (Planned Res14ential-7
units/acre) (IN PROCESS)
Adjacent Zoninq.................North of subject property i_
Eaned RM-6lMultlple Foml1y
Residential). South 1. zoned
RH-10. East 1. zoned R-1AA
(51n910 Famlly Residential) and
West i. zoned R-IA.
Existinq Land Use... ...... '" ...Vacant Land
Proposed Land U.e........ .......A 73 single family zero lot line
development.
Water Service........... ....... . Existing 8" water main on the
south side of Case Way and along
HomeWOOd 81 vd.
Se\.Jer Service............... ... .Existing 8" s.!l.nltll,ry sewer line
..."'~ 1 (~. ~. _. , _"
r TEM :ft. e;
HIDDEN LAKE - SITE PLAN
THE ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation on a
site plan to allow the development of seventy-three (73) zero lot
line single-family units within a proposed PRD-7 Planned
Residential Development Zoning District.
BACKGROUND
, -
A rezoning petition from RM-IO Mul~l.ple Faml.ly Resl.dential-to
PRD7 Planned Residential Development 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 Commission accepted the Board's
recommendation, with the Public Hearing to be held on August 9,
1988. Adoption of the Rezoning Ordinance and assignment of zoning
is scheduled for August 23, 1988.
On June 3, 1988, a request was su~mitted for preliminary pla.t
approval. This application was determined to be inappropriate in
that the PRD-7 requlations required site and development plan
approval prior to plattl.ng. The petition was however accepted as
a sketch plan petition and reviewed accordingly. A site and
development plan application and attendant plans were
subsequently submitted on July 1, 1988.
Refer to the rezoning staff report for additional background.
PROJECT ANALYSIS
The proposed development is a permitted use in the PRD-7
District. Thus the site plan is subject to analysis under the
standard criteria of Code Section 173.867 Site and Development
RegUlations as well as the provisions of the PRD-7 Zoning
District Code Section 173.265 thru 173.274.
The overall
line single
one point
development.
development theme incorporates two bedroom zero lot
family units, with a main "looped" street pattern,
of access, and a lake centered wi thin the
To: Pla.,ning and Zoning Board
Re: Hidden Lake - Site Plan
Page 2
The proposal is fairly straight forward, however, the applicant
is requesting relief from certain code requirements e.g.
providing a 45 foot width roadway (the Code requires a fifty
(50) foot total section for residential streets) .and the
elimination of sidewalks from one side of the street. Waivers
from the City Commission will be required to grant relief to
these code requirements. These items are further discussed under
Standard #4 of the Site Plan Evaluation.
The applicant is also seeking a variance from Code Section
173.268 (B)(l) for a reduction. in the required lot, width.
Section 173.268(B)(1) requires convent~onal corner lots to have
a width of 80 feet. The applicant has proposed to center the zero
lot home on the lot immediately south of the entrance road, as
placing the structure on the lot line is not possible as a 15
foot side street setback must be maintained, and the applicant
does not wish to combine structures on adjoining lots as a
duplex with the units platted separately. This request requires
action by the Board of Adjustment.
STANDARDS FOR EVALUATING A SITE PLAN,
Standard #1 (Sufi~c~ency ot Mater~al)
This standard has been met with this submission.
Standards #2 (Density of the proposed use -- A determination as
to what effect the density or proposed use will have on the
adjacent and nearby properties and the city as a whole).
The proposal to accommodate 73 units on this site, 14.32 acres,
results in an effective density of 5.1 units per acre. The
density of this proposal will not have an adverse effect on
neighboring properties, in that the proposed use single
family zero lot line homes is compatible with the single family
units immediately abutting the development to the north.
Although, less dense single family zones exits to the east
"Homewood Park", and west "The Hamlets" these developments are
separated by collector roads. On the east, the 80 foot
right-of-way of Homewood Boulevard and on the west the combined
right-of-ways of Dover Road and the E-3 1/2 Canal provide
adequate buffer thus negating any impacts which may arise. To the
south, a higher density res~dential development exist, thus no
adverse effects will be created by this development.
.
To: Planning and Zoning Board
Re: Hidden Lake - Site Plan
Page 3
Standard #3 Inqress and Eqress
The development proposes access to the individual lots via a
private "looped" street system, with one ingress/egress. point
providing connection to the public street system. A traffic
report was provided by the applicant, and the analysis revealed
that the development will not create a substantial impact on
Homewood Boulevard which currently operates at a level of service
"A". Homewood Boulevard is an 80 foot right-of-way collector
street, thus no additional right-of-way dedications is requi:c.ed.
However, to effectively handle the northbound turning traf-fic
movements, a left turn lane is required on Homewood Boulevard.
This improvement shall be the responsibility of the developer and
construction details of this improvement shall be required during
the platting process. There are no provisions for direct
connections to the street system to the south, Lago Del- Rey
subdivision, or access from the individual lots to Homewood
Boulevard. However, to further ensure restricted access, a
limited access easement coinciding with a ten foot planting
easement pursuant to Code Section 172.21(B)(7), along
Homewood Boulevard and Cas a Way is required.
A well defined entrance area is provided with the ingress/egress
lanes separated by an eight (8) foot median. As previously
stated a looped street pattern has been designed. The applicant
proposes a 45 foot roadway section for the north, west, and south
sides of the "loop", with a 50 foot road section at the eastern
area of the site. The reduction of the right-of-way width is
linked to the elimination of the sidewalk from one side of the
street. Pursuant to Code Section 172.16 (P), the minimum
right-of-way for residential streets is 50 feet. However; a
reduction in the width of private streets may be accomplished via
a waiver from the City Commission.
In granting such a waiver a determination must be made that such
reduction does not endanger public safety and welfare:
Since the roadway will maintain the normal 12 foot width
travel lanes, the provision for drainage will be maintained
by 8 foot swales on either sides of the travel lanes and the
separation of pedestrian and vehicular traffic can be
accommodated by the proposed sidewalk on one side of the
street a determination may be made that the public safety
will be maintained.
Per Code Section 102.21 (A), the City will not accept streets
which do not meet minimum right-of-way dimensions, dedication
of the private streets to the Homeowners Association must be
accomodated and provisions for doing so will be required during
the platting process.
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To: Planning and Zoning Board
Re: Hidden Lake - Site Plan
Page 4
The applicant is justifying the request of providing sidewalks on
one side of the street based on the limited number of units and
potential limited pedestrian traffic.
Standard #4 Off-Street Parking and Loading
Loading requirements do not apply. The provision of a minimum 18
X 20 foot driveway will accorrunodate '.the two parking spaces
required by current code requirements for each unit. In addition,
the applicant has indicated that each unit will be designed"., to
accomodate at least a one car garage. .
The proposed parking solution does presents some concerns.
Presently the City Corrunission has asked the Board to revisit the
manner in which on-site parking is provided for single family
residences. A possible solution is that required parking be
provided beyond the required front yard. If such an amendment was
enacted, it would be appropriate to require two car garages for
this development.
Standard # 5 Screens and Buffer
No specific screening and bUffering setback regulations are
required by the Zoning Code. However, the Landscape Code
requires that a minimum five foot landscape strip be provided
between the vehicular area and the perimeter of the property.
This requirement applies only to the southern area of the site
where no lots exists between the roadway and the property line.
The applicant proposes to utilize a portion of the the 8 foot
swale area to meet this requirement.
Plant materials in the combination of trees, hedges, and shrubs
are proposed to provide screening and buffering. Along Homewood
Boulevard a two and one half foot high hedge is provided. Two
additional trees are proposed within the Homewood Boulevard
right-of-way which, with the existing mature Acacia trees, will
create a solid tree line.
Due to the offset pavement/travel lanes for Homewood Boulevard, a
48 foot landscape strip exists between the property line and the
edge of pavement. Pursuant to the Landscape Code 159.29 (B)
property owners are required to sod, irrigate and maintained
swale areas up to the edge of pavement. To ensure the continued
maintenance of this landscape strip, the responsibility will be
undertaken by the Homeowners Association, and noted as such on
the plat and included in the declarations, covenants and
restrictions documents of the Homeowners Association.
To: Planning and Zoning Board
Re: Hidden Lake - Site Plan
Page 5
Along Casa Way the landscape buffer includes Calophyllum and
Laurel Oaks trees along with a ficus hedge. Although, the
trees are partially located within the swale area, swale trees
are allowed within private rights-of-way provided they maintain 6
feet of clear trunk and a 4 foot separation distance between the
planting material and the edge of pavement. See "Other
Considerations" on page 9 for further discussions of this
boundary treatment.
Standard # 6 Drainaqe
~
The conceptual drainage system incorporates the existing lake
with an outfall into the adjacent E- 3 1/2 Canal. Permitting by
L.W.D.D. is required and will be sought as part of the platting
process. An existing drainage outfall into the lake from the
property to the south presently exists. An easement must be
provided to accommodate this drainage outfall.
Standard # 7 (Sanitary Sewers)
Sewer is provided to the site by looping an 8 inch gravity sewer
main (this main is located within the internal road right-of-way)
which connects to an existinq lift station along the south
boundary of the site. As tne existing mannole is located within
the Lago Del-Rey Subdivision, off-site easements will be required
to tie into this facility.
Standard # 8 Utilities
Water service is available from an 8 inch water main located on
the west side of Homewood Boulevard. The applicant proposes- to
connect to the 8 inch main and loop a main within the project's
internal right-of-way. An additional water main connection is
provided at the southwestern corner of the site. This connection
ties into an existing system within Lago Del- Rey Phase IrA.
Off-site easements will be required to accommodate this
connection.
Standard # 9 Recreation and Open Space
Wi th the development of this site, 2.375 acres is planned for
common open space. Of which 1.47 acres is a lake tract, 0.43
acres are devoted to passive park areas, with the remaining 0.48
acres in an active recreation area with swimming pool and tennis
court amenities.
To: P~unning and Zoning Board
Re: Hidden Lake - Site Plan
Page 6
The amenities primarily cater to adult activities. The Land Use
Policy Guide - Residential policy statement #7 states:
"In order to develop a better demographic
should discourage additional adult-only,
mUlti-family residential communities"
mix the City
large ,scale,
Direction gained from VISIONS 2000 was for more single family
housing opportunities of young families. This subdivision
provides an opportunity to cater to younger families. The
provision of amenities such as fenced tot lots within the
passive parks are recommended. ~-
Standard # 10 Site Development
This criteria's intent is to ensure that the appearance and
general layout of the development will be compatible and
harmonious with adjacent properties, as well as the City as a
whole. A good attempt has been made by the applicant to utilize
the existing lake and create an aesthetically pleasing single
family development. The location of the easternmost park, which
will be heavily landscaped, yet not totally screening the view
the lake, along with the divided entrance area creates a
boulevard effect into the subdivision.
The Community Appearance Board reviewed the project on July 27,
1988 and approved the plan in concept, subject to the applicant
improving the landscaping of the individual lots and providing
for the screening of air conditioning units.
PRD-7 ZONING DISTRICT ANALYSIS (173.265 thru 173.274)
In addition to
been reviewed
regulations.
the standards evaluated above, the site plan has
using the criteria outlined in the PRD-7
Purpose
The purpose statement of the PRD-7 Zoning District calls for
projects in which "multiple family and detached single family
developments are planned together so as to promote flexibility
in the development of the land, improve design, character and
quali ty , and preserve the natural and scenic features of open
space". Specific requirement include:
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To: ~~anning and Zoning Board
Re: Hidden Lake - Site Plan
Page 7
* The PRD-7 shall have a minimum of 50% of the total units
in detached single family units:
The specific requirement for the detached single family
units is a minimum requirement. Although this
development does not involve a mix of multiple and
single family uses, other criteria such as the
preservation of natural and scenic features of open
space has been accomplished.
* A minimum of 15% of the total acreage must be in common
open space:
15% of the total acreage of this site equates to 2.148
acres. The applicant has provided 2.37 acres or 16.6 %
of the site. A determination must be made that the
lake tract, which accounts for 62% of the common open
space area, provides sui table amenity for the
development. Since the lake tract ( which is also a
retention drainage area) is not totally surrounded by
individual lots but is open to two park areas,
accessibility to all the ~esidents will be ensured and
thus it can be justified as meeting the open space
requirement.
Aesthetic Standards
A. The development plan shall provide for an effective and
unified treatment of the development potential of the
site, making appropriate provisions for the
preservation of scenic features and amenities of -the
site.
The development proposes to utilize the existing
lake and integrating it into the potential
development plan as a central feature of the
development.
B. The development plan shall foster harmony with existing
or proposed development in areas surrounding the site.
This development does foster harmony with the
existing developments as it continues the single
family development theme which exist to the north,
east and west.
To: Planning and Zoning Board
Re: Hidden Lake - Site Plan
Page 8
Design Standards
Building Design: Building and lot layout along with the central
looped roadway assures convenient access. Compliance with the
required building setback distances should ensure that adequate
light and air exposure is provided for the individual units. The
applicant has provided an "offset" front building setback for
most of the units. However, the staggering of dwelling units
should be continued on the south side of the lake where it is
recommended that no more than three adjacent lots have the same
setback and the off-set must be at least two feet.
Landscape Design: This standard is generally met, however,
additional landscaping for individual units is required by the
Community Appearance Board. The development must return to the
Communi ty Appearance Board for approval of proper screening of
air conditioning units along with additional landscaping around
the individual units.
Open Space Design: The location of the park areas adjacent to the
existing lake/retention area which enables the lake tract to be
incorporated into the open space ,element is acceptable. The
addition of park benches would encourage utilization of these
open areas.
Circulation System Design: Adequate and convenient access is
afforded to all areas of the development. The "looped" road
system particularly facilitates emergency operations. Although
sidewalks are being proposed on one side of the street, the
design of the pedestrian system accommodates the highly
travelled pedestrian areas - parks and the pool/tennis court
recreation areas. Linking the internal pedestrian system to-the
public sidewalk on Homewood Boulevard by providing sidewalks on
both sides of the entrance road should be provided.
Parking and Loading Design System
Parking will be accommodated on the individual lots. The
applicant has provided a handicap parking space at the tennis
court/pool recreation area which will also serve as parking for
occasional maintenance vehicles.
The applicant has indicated that a 18 foot wide driveway will be
provided to accommodate two cars. While this provision will
address a concern of the Community Appearance Board re the
unsightliness of swale parking which was likely under the initial
proposal which would have accommodated a single car parked in
tandem with a single car garage. See Standard #4, Site Plan
Evaluation, for potential problems with the proposed parking and
suggestions for mitigation.
To: Plauning and Zoning Board
Re: Hidden Lake - Site Plan
Page 9
OTHER CONSIDERATIONS:
South Perimeter: In an attempt to analyze the relationship
between the frontage road and perimeter buffer treatment areal
property line the applicant was required to provide a cross
section extending from the dwelling unit on the south side of
the lake to the Casa Way right-of- way. Upon review of the
cross-section the fOllowing concerns were noted:
It appears that drainage from Cas a Way will be
collected in the swale area located within the limits
of the Hidden Lake subdivis~on.
The location of the ficus hedge and the Calophyllum
trees at (40) foot on center, wi thin the swale area
must be so handled and maintained so that the canopy
does not extend over property lines or over pavement
and yet have the swale function properly for drainage
purposes.
Verification if the grade of the new street will match
the grade of Casa Way.
Potential for traffic confusion by having two two-way
streets in such proximity.
During the preliminary plat process and upon review of the
drainage calculation data a determination will be made as to the
sUfficiency of the perimeter buffer area and additional width or
fencing may be required.
Variance Request
The Community Appearance Board recommended to support a variance
to allow the reduction of the lot width for the lot located
immediately south of the entranceway so as to preserve the
boulevard entranceway. Compliance with the conventional lot
width pursuant to Section 173.268 (B) (1) would result in the
elimination of the landscape median at the entranceway or the
elimination of one lot since the applicant does not wish to
combine the structures on adjoining lots as a duplex and plat
the units separately. The Community Appearance Board unanimously
recommended that there be no changes to the entranceway as
currently presented. However, upon further scrutiny we note that
eliminating the median gains only 8 feet for widening the lot, an
addi tional 12 feet would be required from elsewhere. Also as
shown the street side setback of 15 feet will not be met. Based
on this further scrutiny the Planning staff does not support the
case for a variance.
To: Planning and Zoning Board
Re: Hidden Lake - Site Plan
Page 10
ASSESSMENT:
The project is generally straight forward and has incorporated
the design criteria of the PRD-7 Zoning District. Attention
needs to be focused upon how the development will best be
designed to cater to younger families and upon parking concerns.
Recommendation must be made on the applicant's request for relief
from the street width and sidewalk requirements, and the request
for a variance to allow the reduction of the width of a
conventional corner lot.
ALTERNATIVE ACTION:
1.
Continue, with direction, and with the concurrence of the
applicant.
Recommend approval of the site plan and accompanying request
for waivers from the sidewalk and street width
requirements, and a variance from the conventional corner
lot width requirement.
Recommend denial of the site plan with reasons stated.
2.
3.
RECOMMENDATION:
Based upon
Plan and
approval of
compliance with the Standards for Evaluating a Site
the PRD-7 Zoning District regulations recommend
the site plan sUbject to the following:
1.
A. Recommend to the City Commission that a waiver to the
requirement for sidewalks on both sides of the street
and attendant reduction to the right-of-way requirement
be granted, thus allowing sidewalks on one side of the
street with the exception of the entrance road and the
eastern leg of the loop road.
B. Recommend. to the Board of Adjustment that a variance
not be granted to allow the reduction of the lot width
from 80 feet to 60 feet for the lot located immediately
south of the entrance drive.
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To: Planning and Zoning Board
Re: Hidden Lake - Site Plan
Page 11
2. That the following items be provided as a apart of the
preliminary plat submittal:
improvement plans for a left turn lane north approach
at the Homewood Boulevard/entrance intersection.
off-site easements to allow connections to
and sewer facilities within the Lago
subdivision.
the water
Del- Rey
limited access easements coinciding with the landscApe
buffer treatment along Homewood Boulevard and Casa Way.
provide a note on the plat stating that "maintenance of
the landscaped area between the property line and the
edge of pavement of Homewood Boulevard is the
perpetual responsibility of the Homeowners
Association".
provide verification of the size of the existing lift
station and determine its capability to accomodate this
project.
provision of easements to cover the utilities located
within the private streets.
identification of the private street system and common
areas as individual tracts.
the status of permitting by L.W.D.D. and S.F.W.M.D
3. That park benches be added to the park areas and a tot lot
be provided within at least one park area.
4.
That at least three building elevations be provided
reviewed by the Community Appearance Board prior
consideration of the final plat by the City Commission.
and
to
5. That additional landscaping be provided for the individual
units with approval by the Community Appearance Board prior
to consideration of the final plat by the City Commission.
6. That each unit have a two-car garage.
7. That the agent understands that additional green/ buffer
area along the southern perimeter of the site and/or fencing
may be required upon further review.
8. That this approval be valid, pursuant to Code Section
173.868 for eighteen months.
REF/JT#24/HIDDEN2.TXT
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
FROM:
. ~~~~~~
D~VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CONSIDERATION OF INITIATING A REZONING OF THE SHERWOOD
PLAZA FROM SAD TO GC
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of if and how
a rezoning of Sherwood Plaza may be considered.
BACKGROUND:
This item has been placed before the Commission at the request of
Commissioner Weatherspoon.
Background regarding a recently denied rezoning for the property
is as follows:
August, 1987, the property owners (Haggerty) filed a
rezoning application for either the addition of certain uses
to their SAD designation or for a change in zoning to the GC
district.
September 21, 1987, the Planning and Zoning Board
recommended approval of rezoning from SAD to GC.
October 13, 1987, at first readinq of the proposed enacting
ordinance (83-87), the City Commission rejected the
rezoning.
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To: Walter O. Barry, City Manager
Re: consideration of Initiating a Rezoning of the Sherwood
Plaza from SAD to GC
Agenda Item
Page 2
Excerpts from the City Commission minutes reflect the following:
Mayor Campbell urged rejection and stated that they
discussed, at length, the subject of certain activities in
this area when they set up the SAD and decided not to go to
General Commercial. .... that when you change a parcel to GC
you open it up to a much broader use.
Commissioner Weatherspoon ... if the parcel was rezoned to
GC, it would not necessarily mean a pawnshop could be
placed there.
Commissioner Horenberger ... when they created the SAD, they
did so with the idea of limiting the uses because of the
fact that it was not at a major arterial road intersection
and was more in the nature of a neighborhood shopping
center. She would be opposed to changing the zoning at this
time without further study...
The denial was unanimous.
Code Section 173.887 provides that whenever the Commission has
denied an application for rezoning it shall not consider any
further application for the same zoning for a period of twelve
months. The time limits may be waived by three affirmative votes
when "deemed necessary to prevent injustice or to facilitate the
proper development of the city".
Given the above requirement, heretofore a rezoning petition would
not have been accepted by staff. However, since the filing of an
application now would not be before the Commission until October,
an application ~ould be submitted for processing.
The other part of Commissioner Weatherspoon's request may deal
with who initiates the rezoning. If the City initiates the
rezoning upon private property, special notice requirements and
an additional mailing is required. If the private property owner
initiates the rezoning, an application, adjacent property owner's
list, and filing fee ($825) is required.
Summary:
the property owner may proceed with applying for a
rezoning just as any other property owner may do;
initiation of the rezoning by the City requires
additional notice requirements, special work by staff
in securing information normally provided by the
applicant, loss of revenue, and uncompensated
out-of-pocket costs.
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To: Walter O. Barry, City Manager
Re: Consideration of Initiating a Rezoning of the Sherwood
Plaza from SAD to GC
Agenda Item
Page 3
Director's Assessment: Given the unanimous opinion of the
commission that rezoning to GC from SAD was not appropriate one
year ago, it does not seem prudent for the City Commission to
initiate a rezoning. Further, it is not good practice to
initiate rezonings when such an action may be made by private
property owners. It is suggested that direction be given to
inform the property owner that he may apply for a rezoning just
as any other property owner may do.
Planninq and Zoning Board Recommendation: A recommendation from
the Board regarding initiation of a rezoning is not necessary.
RECOMMENDED ACTION:
Commission discretion.
REF!DJK#25!A:CCPLAZA.TXT
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO: O. BARRY, CITY MANAGER
~~u~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CONSIDERATION OF THE SHERWOOD FOREST DEVELOPMENT
PROPOSAL
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
There are three actions before the Commission. They are:
a) consideration.of a conditional use request
for a golf course (with modifications to
current layout), a new clubhouse, and
modifications to an existing driving range;
b) consideration of a request to abandon Forest
Road and incorporate the former right-of-way
into project development plans;
c) consideration of the site and development
plan for the PRD-L residential development.
BACKGROUND:
Attached is the Planning and Zoning Board staff
15, 1988, which with the revised site plan of
constitutes the status of this development
attached is a reduction of the site plan.
report of
August 11,
proposal.
August
1988,
Also
Additional background information is available in the staff
reports for the annexation and zoning action which is still
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To: Walt~~ o. Barry, City Manager
Re: Consideration of Sherwood Forest Development Proposal
Agenda Item
Regular Meeting of Au~ust 23, 1988
Page 2
before the City commission
annexation is scheduled
development proposal.
at 2nd reading. Final action on
concurrently with review of
the
the
Planning and Zoning Board Recommendation: At its meeting of
August 15th, the Planning and Zoning Board recommended approval
of all aspects of the development proposal sUbject to conditions.
Those conditions, as recommended by the Board, are attached in a
separate exhibit. Representatives of The Hamlet Homeowners
Association were supportive of the Board's recommendation.
The Board's recommendation differs from the staff
in the following ways (identification numbers are
staff report):
recommendation
those from the
(F) additional determination that sidewalks be required
only on one side of the street system and that a
reduction of right-of-way to forty feet (40') be
granted;
(9) clarification that replacement easements for Forest
Road include an easement to The Hamlet for access to
and repair of the wall;
(10) deletion of the phrase "from the west" thus allowing
additional options for obtaining water and sewer
service;
(13d) clarification language that hydrant spacing shall be
as determined by the Fire Marshall;
(14) deletion of the original Condition 14 as it pertained
to sidewalks and right-of-way width;
(14N) a new Condition 14 to read, "That the south boundary
wall shall be at a height of six feet (6') from the
finished grade of the Sherwood Forest lots. If a
variance to allow the wall at this height is not
granted by the Board of Adjustment, this item of
buffering along the south perimeter shall be revisited
by the Planning and Zoning Board;"
(16N) a new Condition 15 that a single story limitation
shall be placed on any ten lots within the development
by the Board of the Hamlet Homeowners Association;
(17N) a new Condition 16 that a mature tree (12'-15' height
at time of planting) shall be located in the rear yard
of each lot; and
(18N) renumbering of former Condition #16.
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To: Walter o. Barry, City Manager
Re: Consideration of Sherwood Forest Development Proposal
Agenda Item
Regular Meeting of Au~ust 23, 1988
Page 3
RECOMMENDED ACTION:
By motion:
Forest based
Planning and
inclusive as
Approval of the development proposal for Sherwood
upon the determinations as recommended by the
Zoning Board and sUbject to conditions 1 through 17
recommended by the Planning and Zoning Board.
Attachments: Planning and Zoning Staff Report of August 15th
Reduction of site and development plan
Determinations and conditions as recommended by the
Planning and Zoning Board.
REF/DJK#28/A:CCSHRWD.TXT
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M E M 0 RAN DUM
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S T A F F
R E P 0 R T
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
SUBJECT: AGENDA ITEM IV.B
REGULAR MEETING OF AUGUST 15, 1988
SITE AND DEVELOPMENT PLAN, SHERWOOD FOREST
(CONTINUED ITEM)
ITEM BEFORE THE BOARD:
The action before the Board is that of making a
recommendation to the City Commission regarding a
conditional use request (golf course in PRD-L zoning),
abandonment of Forest Road, and a site and development
plan all associated with the proposed Sherwood Forest
housing development.
STATUS OF PROJECT:
Chronology:
* P&Z recommended approval of annexation with PRD-L and
ART zoning on June 20, 1988; also public hearing held
for conditional use aspects of the project.
*
CC accepted P&Z recommendation on 3-2 vote and raised
items of concern.
*
P&Z review of site plan on July 18th; item continued to
August 15th due to items of disagreement.
*
CC approval of enacting ordinances on 1st reading on
July 23rd; second reading deferred to August 23rd so
that the site plan would be viewed prior to final
action.
*
Agent's presentation to Planning and Zoning Board at
regular work session on Friday, August 12th.
Items of Disagreement as of July 18th:
1.
Upgrading of golf course
area and allocation of
Association.
club house and full parking
space to the Homeowner's
2. Consideration of a waiver to sidewalk and right-of-way
requirements.
~'i
To: PIal ng and Zoning Board
Re: Site and Development Plan, Sherwood Forest
(Continued Item)
Page 2
\.
3. Method (details) of bUffering adjacent properties.
4. Determination of when the Barwick Road extension will
be required to be constructed.
The agent's presentation of a revised site plan (revision date
8-8-88, stamped received date of August 11, 1988) at the Board's
work session of August 12th set forth an acceptable solution to
items 1, 3, and 4. Item 2 (sidewalk and right-of-way) remains an
item of disagreement between the agents and the staff.
Resolution of the other items has raised some technical matters
which require further processing or revisiting concurrent with
review and action on the preliminary plat. There was no written
description accompanying the revised site plan.
Current Proiect DescriPtion:
The proposed unit count is comprised of 125 single family
detached zero lot line structures. A two car garage is provided
with each structure. A typical lot 49' x 110' ,with an area of
5,390 sq.ft. Recreational facilities of two tennis courts,
adjacent play area, and adjacent tot lot are provided within the
development. Space is provided in the golf course club house for
indoor activities of the Homeowners Association. The project will
be built in a single phase.
The main entry shall be from an extension of Barwick Road. This
entry shall also provide access to the golf course facilities.
The current Forest Road access to Atlantic Avenue will be
terminated. A private access for the residential project will be
provided along the west boundary of the project (right turns in
and out only). All roads shall initially be private. Upon
consideration of development plans for the ART parcel
determinations will be made as to what part, if any, of the
Barwick Extension will be made public. The main entry will be
completed prior to occupancy of any residential units.
The golf course is an integral part of the project even though it
will be retained in separate ownership. The residential
development and the golf course will be integrated through the
following:
* provisions that all lot owners will have
reserved/preferred memberShip at the golf course and
will have a reduction of the annual membership fee;
*
the club house will be reconstructed
residential development and a second
provided for Homeowner Association use;
concurrent with
floor will be
*
a tri-party agreement (golf course owner, City,
Homeowners Association) will provide that the
course will not be developed for other purposes.
and
golf
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To: PIal ng and Zoning Board
Re: Site dnd Development Plan, Sherwuod Forest
(Continued Item)
Page 3
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The golf course layout will be altered to accommodate the
residential development. The current driving range will be
relocated to the east with the tee box, located on what is now
Forest Road. The responsibility for bringing water and sewer
service to the site rests with the developer.
PROJECT ANALYSIS:
A full project analysis was provided in the documentation for the
July 18th meeting of the Board. Please refer to that document
for items not addressed in this analysis and for more background
on items which are addressed. This analysis addresses only items
which have been addressed in the resubmission of August 11th.
C. Inqress and Eqress: The entry provided in the resubmission
is acceptable in concept. Engineering details will be
addressed with the preliminary plat review. Also at that
time, a stUdy/report addressing signalization and the
geometries 9f the intersection must be provided. The
developer will be responsible for improvements recommended
by such a study and for improvements required by Palm Beach
County Engineering including modifications to the existing
signal (or its replacement).
In the July 18th staff report, the Planning Department
recommended that a waiver be granted for the elimination of the
sidewalk from one side of the street system only where
residential lots abut only one side of the street. At the
Board's meeting the co-agents opposed the Planning Department
recommendation. After discussion, they aqreed to abide by the
decision of the City Enqineer regarding the private street
section. The City Engineer has agreed to lessen the standard but
only to the degree as previously recommended by Planning.
Further, he has stated that a full fifty-foot (50') right-of-way
is to be provided along with a standard street section.
Subsequent to the July 18th meeting, the co-agents have changed
their position and continue to seek a waiver consisting of:
a) elimination of a sidewalk from one side of the street
throughout the project (the typical street section
provided with the paving plans does show a sidewalk on
each side of the street);
b) reduction of right-of-way to forty feet (40'); and,
c) use of a street section which is not acceptable to the
City Engineer.
To: Plann T and Zoning Board
Re: Site a..d Development Plan, Sherwoo,-, Forest
(Continued Item)
Page 4
"
Both the City Engineer and" the Director of Planning vigorously
oppose the granting of the requested waivers. A request was made
of one of the representatives of the project that a blowup of
several lots and the street section be provided so that the
impacts of the reduced -street section could be assessed
particularly with regard to the streetscape, the accommodation of
parking, and the accommodation of utilities. The requested
information has not been provided.
D. Parkinq: The parking lot for the golf course needs to be
brought up to standards (number wise and design wise). The
site plan shows a parking lot which appears to meet design
standards. The zoning code requires seven ( 7 ) spaces per
hole for a standard golf course. The code does allow the
Board to establish numerical parking requirements for uses
which are not specifically listed. The developer has
provided a written request that a determination be made that ~
3.5 requirement be applied for executive golf courses. The
Planning Director concurs with the agr~ment as presented in
that request and supports a standard of 3.5 spaces per hole,
for executive golf courses.
E. Screens and Buffers: A privacy wall is proposed along Lots
101 through 104. A chain-link fence, vegetation combination
is proposed between Lots 101 and 100. Decorative fencing
and vegetation is proposed along Lots 100 through 96. A
block wall is proposed from Lot 96 through Lot 63. The
block wall will have an eight foot (8') exposure to the
property to the south. Its height will be six feet (6 ')
measured within the lot. Pursuant to Code Section
173.039(B)(2) this wall is not to exceed six feet in height
relative to the property to the south. The developer's
proposal is acceptable to the property owners to the south.
It will be necessary for the developer to obtain a formal
variance to be able to construct the wall. The Board may
provide a recommendation to the Board of Adjustment in
support of such a variance.
Additional Considerations: In addition to the items above, the
fOllowing items have not heretofore been addressed in the written
documentation accompanying the staff analysis.
Apparently the L.W.D.D. has fee interest in the land upon which
the canal is located. Thus it is
permission to cross that land
Accordingly, the L.W.D.D. may need
subdivision plat.
necessary that they grant
for the street system.
to be a signatory to the
Although the landscape plans note that irrigation is to be
provided, the location of well sites for'irriqation purposes have
not been identified nor have schematics of the irrigation system
been addressed. Given the (proposed) limited right-of-way area
and rela ti ve congestion (i. e. paving and site coverage)
accommodating full irrigation may become a problem. However, it
remains the responsibility of the developer to provide such full
irrigation coverage.
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To: Plan ,g and Zoning Board
Re: Site _nd Development Plan, Sherw~Jd Forest
(Continued Item)
Page 5
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The landscaping plans show extensive landscaping between lots 100
and 101; however they do not show the location of the sewer lift
station nor account for the sewer force main which runs west of
the street. It is necessary that the five foot landscaping strip
be providedwl~ adequate easements for the force main. There can
be no trees or shrubs within this easement. Thus, it may be
necessary that the street be moved to the east to acconunodate
this situation or the force main located elsewhere.
Lot 100 shows a 15 foot
to the loop street.
requirements which call
Adjustments will need to
setback for its front yard relationship
This is violation of the setback
for a twenty foot front yard setback.
be made or the lot eliminated.
ASSESSMENT:
The basic issue of the appropriateness of the proposal in terms of
PRD development is still before the Board. See the JUly 18tl1
staff report for the assessment of that issue.
Assuming that the agents concur with the project description as
contained in this report and with all other aspects of this
report except the issue of the street section and the Board does
accept the development proposal as being consistent with the PRD
district regulations, the only apparent item of disagreement is
that of the street section. Upon its resolution, forwarding the
project to the City Conunission with a reconunendation of approval
subject to conditions is appropriate.
ALTERNATIVE ACTIONS:
1. Reconunend denial in that the project is not in keeping
with the intent of the PRD-L zone district.
2. Reconunend denial based upon the provision of an
inadequate internal street system which does not meet
the standards of the City.
3. Reconunend approval{s) subject to conditions.
RECOMMENDED ACTION:
Based upon the following determinations:
A. That the residential is sUfficiently integrated with
the golf course development that sufficient open space
is provided and the design standards of the PRD-L zone
district do not apply; and
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DEP P "lTMENT AL
CORRESPONDENCE
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TO Walter O. Barry, City Manager :~
THROUGH: Frank Spence, Interim Director/Deveiopment
Services
[ITY DF
DElRAY BEA[H
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FROM ~erald B. Church, P.E., City Engineer
t
SUBJECT SHERWOOD FOREST DEVELOPMENT PROPOSAL
REQUEST TO REDUCE RIGHT-OF-WAY WIDTH
IJA rc 8/18/88
The Sherwood Forest Development Plan shows a proposed right-of-way of 40 feet.
The minimum right-of-way required by the City for residential streets is 50
feet, refer to City Code, Sec. 172.16(P). The Sherwood Forest site plan was
submitted to the Planning and Zoning Board at their meeting of August 15th. Over
objections of staff, the Planning and Zoning Board approved a reduction in the
right-of-way. The request would now go before City Commission as part of the
approval for the Sherwood Forest Development Plan. In accordance with City Code,
Sec. 102.21 (E), the City Commission must consider the reduction in the right-
of-way.
A sketch of the City's 50 foot right-of-way section and the developer's proposed
40 foot ri,,:ht"of-way section is attached. Note that sidewalks have only been
shown on one. :3ide, which was approved as a waiver by the Planning and Zoning
Board.
It is recommended that the City require the 50 foot right-of-way for the follow-
ing reasons:
1. In residential neighborhoods there is a tendency to park along the pave-
ment, which requires eight feet clear. With only four feet clear, the
vehicles will park on the sidewalk or on a portion of the road.
2. When there is on-street parking, the area becomes cluttered in the sense
of visual impact. A 50 foot right-of-way allows for a more open area.
3. The sight distance at the driveways is reduced, particularly at curves.
4. The standard right-of-way section usually accommodates the water main
and storm drainage outside of the pavement. There is only seven feet
of green area available for a 40 foot right-of-way, as contrasted with
16 feet for a 50 foot right-of-way.
5. A six foot recovery area should be provided off the edge of the pave-
ment for a residential street. For the 40 foot right-of-way, the clear
area is either three or four feet, as contrasted with eight feet for a
50 foot right-of-way.
6. The Sherwood Forest Development Plan shows 125 single family units with
a projected traffic volume of 1250 trips per day. This traffic is car-
ried on a loop road which warrants the minimum right-of-way of 50 feet.
eM 362
THE EFFORT ALWAYS MATTERS
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Walter O. Barry
Sherwood Forest Development Prop~sal - Request to Reduce Right-of-Way Width
August 18, 1988
Page two
Based on these concerns, it is recommended that the City require the 50 foot
right-of-way.
GBC:mld
Attachment
c: David Kovacs
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w ., 50' R/W w
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3: 25' 25' 3:
--
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5' 8' 12' 12' 8' 5'
WALK WALK
...... ......... ....... .1
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STANDARD ROAD DETAIL
RESIDENTIAL STREET
50' R/W
2 LANES
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40' R/W
20'
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12'
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12'
SHERWOOD FOREST
PROPOSED
40' RIGHT OF WAY SECTION
C I T Y
COM MIS S ION
DOC U MEN TAT ION
"
TO: WALTER O. BARRY, CITY MANAGER
~~~
DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: CONSIDERATION OF A CONDITIONAL USE AND SITE AND
DEVELOPMENT PLAN REQUEST FOR THE PROPOSED ATLANTIC
AVENUE CAR WASH CUP 6-244
AGENDA ITEM
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of allowing
an automatic car wash to be established at the southwest
corner of Atlantic Avenue and Southwest 9th Avenue.
BACKGROUND:
The Planning and Zoning Board staff report which is attached
provides a complete background regarding this request and
provides an analysis of the site and development plan. In
addition to the comments in the staff report, the following
aspects of the project were aired at the Board's hearing:
the access on S.W. 9th would not be used on a daily
basis and was provided only to provide another way to
get into the car wash portion of the development;
that the wash house and the convenience store are on
fifteen year leases and neither would be vacating;
thus, there is little opportunity for the site to be
redeveloped in any other manner;
walls and fencing, as proposed, could be adjusted to
meet community needs.
The item was referred to the Community Redevelopment Agency for
comment, and they verbally responded that the request should not
be granted as it was not in keeping with that agency's
development concepts for Atlantic Avenue.
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To: WaL O. Barry, City Manager
Re: Cons1deration of a Conditional Use and Site Plan and
Development Plan - Atlantic Car Wash CUP 6-244
Agenda Item
Page 2
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The item was not referred to the Community Appearance Board since
the landscape plan submittal did not meet code requirements.
Planning and Zoning Board Recommendation: At its meeting of
August 15th, the Planning and Zoning Board conducted a public
hearing on this request. The applicant and property owner were
present and expressed their opinion that the proposal would
enhance the immediate area. They were amenable to making some
adjustments to the site and development plan to accommodate
criticisms of it.
The Board recommended denial for the
pursuant to the recommendation embodied in
vote was unanimous.
requested development
its staff report. The
RECOMMENDED ACTION:
By motion: Support of the Planning
recommendation and DENIAL of the requested
attendant site and development plan based
findings.
and Zoning
conditional
upon that
Board's
use and
Board's
Attachment: Planning and Zoning Staff Report of August 15th
REF/DJK#25/A:CCWASH.TXT
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PLANNING e ZONING
CITY OF OELRAY
BOARD
BEACH
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MEETING DATE: AUGUST 15, 1988
STAFF REPORT
AGENDA ITEM:
III. A
ITEM:
CONSIDERATION OF CONDITIONAL USE AND ATTENDANT SITE PLAN APPROVAL FOR
ATLANTIC CAR WASH ON THE SOUTHWEST CORNER OF ATLANTIC AVE. AND S.W. 9TH AVE.
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GENERAL
DATA:
Owner...........................B~ce and Danielle Harrell
Contract Purchaser..-............Carl Monte
.Location.....~..................Southwest corner of Atlantic
Avenue and S.W. 9th Avenue
Property Size...................O.64 Acres
Land Use Designation............Commercial
Zoning Designation..............GC (General Commercial)
Adjacent Zoning.................North, South, East and West of
the subject property is zoned GC.
Existing Land use...............~aundromat and Convenient Store
Proposed Land Use...............A Car Wash in addition to
eXisting uses
the
Water
service....................Existing 12" main located on
the north side Atlantic Ave. A
2" line is located on-site in the
abandoned alley easement and runs
south in S.W. 9th Ave
right-of-way. 1\,2" line extends
east through the abandoned alley
and connects with a 6" main on
S.W. 9th AVe.
Sewer Service Ex' t' "
................... 1.S 1.ng on-S1.te V1.a a lateral to
a manhole on s.w. 9th AVe.
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ITEM:JlT A.
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
Atlantic Car Wash. The development is proposed at the southw~st
corner of Southwest 9th Avenue and Atlantic Avenue.
BACKGROUND:
The property was vacant until 1971, at which time the present one
story CBS building was built. The structure houses a laundromat
in the south half and a convenience store in the north half
fronting along Atlantic Avenue. The building was remodeled in
1976 and againcin 1984. The proposal before you involves Lots 3,
5, 6 and 16 of Belair Heights subdivision. The convenience store
and laundromat are located on Lot 3. -Lots 5 and 6 are entirel~
paved with the exception of one tree in the northeast corner.
Lot 16 is currently an unkept vacant dirt lot.
In September, 1984, a request was made by the present owners to
vacate a 16' alley right-of-way which ran east to west along the
south edge of Lots 3, 5 and 6 and along the north edge of Lot 16.
City Commission approved the abandonment by Resolution No. 67-84
onSeptember 25, 1984. No further land use action has taken
place on these parcels. ^
PROJECT ANALYSIS:
The applicant is proposing to establish a 1,400 square foot car
wash, 300 square feet of offices and a 156 square foot equipment
room on lots 5, 6 and 16 along with parking and landscape
upgrading of the existing 2,888 square foot convenience store and
laundromat. The site development plan includes a proposal to
fence the car wash facility securing the area from loiterers
after business hours. ~
SITE PLAN ANALYSIS:
The site plan has been reviewed using the criteria outlined in
Section 173.867 "Standards for Evaluating Site and Development
Plan Applications". The following is the result of that review.
Standard #1 (sufficiency of materials).
The original submittal was incomplete in that clarification was
required to determine the outcome of the Title Search, and a
completed CAB Application and Landscape plan meeting the
requirements of Chapter 159 were not provided. Concept~al
drainage, water and sewer plans were also not submitted. With a
resubmittal the applicant submitted clarification of the Title
Search and a Landscape plan. The resubmitted landscape plan
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To: Planning ,and Zoning Board
Re: Atlantic Car Wash, Consideration of Conditional Use
Request and Attendant Site Plan
Page 2 "
still does not meet the requirements of Chapter 159 or Chapter
152. Pursuant to Section 152.18, a final landscape plan must
show all existing and proposed plant material with required
information as to location, name (common or botanical), size and
quality.
The following additional information is required for CAB review:
Pursuant to Sec. 152.18(3), Building Plans (including roof
plans) .
Pursuant - to Sec. 152.18(4), all exterior
(elevations must include all items affecting the
of the building, including but not limited
conditioning, compressors, signs).
elevations
appearance
to, air
The following additional information is required for proper and
complete staff review.
Conceptual drainage plans.
Conceptual water and sewer plans provided on an uncluttered
drawing, including widths of proposed sewer and water lines,
etc.
Standard #2 (impact of the proposed use).
Potential negative off site impacts are possible with the
introduction of high volumes of traffic associated with the use
25 feet from the Southwest 9th and Atlantic Avenue intersection.
The site as designed will create specific undesirable off site
traffic impacts to both Atlantic Avenue and Southwest 9th Avenue
(see discussion under Site Plan standard #3 and Conditional Use
Standard # 3). -
Standard #3 (ingress and egress) and Standard #4 (off street
parking and loading).
The proposed convenience store parking creates a hazardous
condition as cars entering a full parking lot would have to back
out into Atlantic Avenue to exit the site. That condition is
unacceptable, and cross access easement is required between the
parking areas.
The proposed car wash stacking area to the south of the car
facility will inhibit proper ingress and egress to Southwest
Avenue. A potential exists for congestion to back up into
Southwest 9th Avenue right-of-way. A clear stacking distance
100 feet is required for ingress and approximately 22 feet,
one car length for egress from the car wash. Maneuvering at
car wash exit area for flow onto Atlantic Avenue is very
wash
9th
the
- 'of
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the
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To:
Re:
Planning and Zoning Board
Atlantic Car Wash, Consideration
Request and Attendant Site Plan
Page 3
of Conditional Use
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restricted. The exiting
applicant provides the
Atlantic Avenue.
area will further be reduced when the
required 10 foot landscape buffer along
The required number of parking spaces have not been provided.
Site Data information with respect to total building area is
calculated incorrectly. Tabulations indicate the enclosed
building will be 1,400 square feet requiring 5 parking spaces.
The car wash office (300 square feet) and equipment room (156
square feet) have not been included. Two additional parking
spaces will be required for a total of 17 spaces (16 have been
provided).
With the proposed separate parking areas, a division of traffig
with respect to uses is created. With that fact in mind,
existing square footage per use must be provided to determine the
adequacy of each parking area.
Standard #5 (screens and buffers).
The applicant is proposing approximately 3,558 square feet of
internal landscaping and approximately 3,226.90 square feet of
exterior landscaping. A ten foot landscape buffer is required
along Atlantic Avenue and has not been provided in front of the
car wash. A five foot minimum lanascape strip is required,
pursuant to Section l59.29(A), between vehicular areas and the
edge of property. The strip has not been provided along the west
border of the site.
The applicant is required, pursuant to Sec. 159.30, to provide
hedging with trees 40 feet on center along the property lines.
Landscape material (trees and hedging) are to be placed outside
any proposed easements and will require modification to the south
border of the site plan. Pursuant to Sec. 159.31(3), a tree will
be required for every 100 square feet of required internal
landscaping. Proper site data tabulations must be provided
indicating total paved area, required and provided internal
landscaping, and number of trees required and provided, etc.
Currently the applicant is providing site data indicating 13,210
square feet is paved and street area with 4,871 square feet in
open space, walks and easements. Walks are to be included in
site paved area and, until proper site tabulations are provided,
landscape cannot be verified.
Standard #6 (drainage).
Proper conceptual drainage plans are required and have not been
submitted.
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To: Planning and Zoning Board
Re: Atlantic Car Wash, Consideration of Conditional Use
Request and Attendant Site Plan
Page 4
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Standard #7 (sanitary sewers) and Standard #8 (utilities).
The convenience store and laundromat presently have sewer service
via an 8" lateral which connects with a manhole in the Southwest
9th Avenue right-of-way. Water service is currently provided via
a 2" water main located within a 16 foot easement which runs
east/west across the site between Lots 3, 4, 5 and 16.
The 2" water line connects with a 6" line one block east of the
site at Southwest 8th Avenue. Overhead FPL power lines also
cross the site within the 16 foot easement between Lots 3, 4, 5
and 16.
Conceptual water and sewer plans have been provided yet do nQt
specify proposed widths for proposed new water or'sewer lines.
The applicant is proposing to locate the car wash building over
an existing sewer lateral presently serving the convenience
store. The utility department has indicated that this is not
acceptable, and relocation of the line or building is required.
The applicant is proposing to relocate the existing utilities by
shifting the 2 inch water line and overhead power lines south in
the alley on the west edge of Lot 16 and east through a proposed
10 foot utility easement along the south property line. No
letters of authorization have been rec~ived from FPL and must be
submitted. All relocation costs will be borne by the developer.
The Fire Department, pursuant to Section 96.05(B)34, is requiring
submittal of a water distribution plan showing fire hydrant
spacing maximums of 300 feet along the south side of Atlantic
Avenue. Upgrading of approximately 400 feet of 2 inch water line
to a six inch minimum will be required from the existing 6 inch
main in Southwest 8th Avenue west into the site. Upgrading will
also alleviate capacity .concerns with regards to aqequacy of a -2
inch line to service the convenience store, laundromat, and car
wash facility.
Standard #9 (recreation and open space).
These standards
commercial and
requirements.
do
has
not
no
apply in
specific
that the
recreation
development is
or open space
Standard #10 (site development).
Deals with overall impact of the site development. Poor
design creates potentially unacceptable off site traffic
Inadequate on site stacking distances and restrictive
areas without cross access must be redesigned.
on site
impacts.
parking
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To: Plannlng and Zoning Board
Re: Atlantic Car Wash, Consideration of Conditional Use
Request and Attendant Site Plan
Page 5
"
CONDITIONAL USE ANALYSIS:
The project was also reviewed under criteria in Section 173.848
"Standards for Evaluatinq Conditional Uses."
Standard #1 (ingress and egress).
This standard is addressed under site development Standard #3.
Inadequate stacking distances are provided at both the entry and
exit of the car wash. Traffic entering the car wash conflicts
with ingress/egress traffic flows from Southwest 9th Avenue.
Proposed driveway width from Southwest 9th Avenue exceeds the
allowed maximum of 24 feet.
Potential ingress and egress conflicts are possible with proposed
limited convenience store parking and no cross access between
parking areas.
Standard #2 (parking and loading areas).
Parking is further addressed under site development Standard #4.
Loading areas are not required. Proposed convenience store
parking appears inadequate and will create an undesirable and
dangerous condition if cars are forced,to back out of a full lot.
Cross access from the convenience store parking to the balance
of the site must be provided to serve as an alternate
ingress/egress route.
Standard #3 (refuse and service areas).
The applicant is proposing one dumpster location. The dumpster
is to be serviced from the public right-of-way, requiring tfle
sanitation truck to back into the public right-of-way to exit
site. This condition is unacceptable, as all maneuvering must be
accommodated on site.
Standard #4 (utilities).
These items are discussed under Site Plan Condition #7.
Standard #5 (screens and buffers).
An incomplete landscape plan has been submitted. The site is
deficient in perimeter and interior trees, hedging and required
perimeter landscape strips along the west edge of the site and
Atlantic Avenue. Refer to discussion under Standard #5 of the
Site Plan Analysis. (Greater plant variety and specific names,
quantities, etc. are required.)
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Re:
Planning and Zoning Board
Atlantic Car Wash, Consideration
Request and Attendant Site Plan
Page 6
of Conditional Use
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Standard #6 (signs and lighting).
No sign locations or lighting plan has been submitted.. The
applicant is advised that sign approval will require separate
application from the Building Department. A lighting plan has
not been submitted as required by Section 173.851 showing
the location, direction, height and type of the outdoor lighting.
Standard #7 (setbacks and open space).
The existing building does not meet the required 10 foot minimum
setback. Pursuant to Sec. 173.828, the structure can continue
sUbject to the provision that the structure is neither altered Qr
enlarged in any way which increases its nonconformity. The
proposed car wash building meets all applicable setback
requirements.
Standard #8 (compatibility) and Standard #9 (height).
The compatability of a car wash use on a major arterial is
questionable. The associated ancillary uses, such as car drying,
etc., are not the desired facade the City would like to create
for the Atlantic Avenue corridor. The proposal over height is
compatible with other developments in the area.
Standard #10 (economic effects on adjacent properties).
Little economic effect will be experienced, as vacant (GC)
commercial property abuts this proposal. There is a history of
slow development of the Atlantic corridor in this area.
Surrounding businesses in the most part are older, run down
commercial establishments which would not be detrimentally
affected by this proposal.
Other Code Items:
The Car wash building is proposed over the existing sewer lateral
servicing the convenience store and laundromat. The lateral or
the building is to be relocated to eliminate any conflict. The
relocation of the sewer, water main and overhead power lines are
to be at the expense of the developer.
Platting:
Platting will be required prior to issuance of building permit.
With the platting of the property the existing 16 foot easement
must be abandoned by a separate petition. A new easement must be
dedicated on the plat to accommodate the proposed relocation of
the water main and overhead power lines.
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Re:
Planning and Zoning Board
Atlantic Car Wash, Consideration
Request and Attendant Site Plan
Page 7
of Conditional Use
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Landscapinq:
The C.A.B. review has not been scheduled as elevations and a
proper landscape plan will be required for their review. More
attention needs to be given to greater species diversity and
continuous hedge application. Proposed landscaping does not meet
code in many instances.
ASSESSMENT:
The applicant has attempted to address many problems identified
in initial staff review, yet in some cases proposed alternatives
are less desirable. A complete submittal including a landscape
plan meeting code requirements has not yet been submitted.
Present site layout is not acceptable as inadequate stacking
distances are proposed and internal traffic conflict exists.
Poor internal design will create substantial off-site impacts on
surrounding traffic patterns, which is an unacceptable condition.
Based on these factors the board has little choice but to
recommend denial of the Conditional Use and attendant Site Plan
request.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend denial based on failure to make positive
findings with respect to Standards # 1, 2, 3, 4 and 10
of "Standards for Evaluatinq Site and Development Plan
Applications" (Section 173.867) and Standards #1, 2, 3
and 5 of "Standards for Evaluatinq Conditional Uses"
(Section 173.848).
RECOMMENDED ACTION:
By motion: Recommend denial based on failure to make positive
findings with respect to Standards # 1, 2, 3, 4, and 10 of
"Standards for Evaluatinq Site and Development Plan Applications"
(Section 173.867) and Standards #1, 2, 3 and 5 of "Standards for
Evaluatinq Conditional Uses" (Section 173.848).
REF/PD#8/A:ATLANTIC.TXT
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MEMORANDUM
TO:
City Commission
FROM:
Digby Bridges, Chai.rman
Community Appearance Board
SUBJECT:
EXPIRATION OF TERMS
DATE:
August 16, 1988
My term of service on the Community Appearance Board will expire
on August 25, 1988 and I am not eligible to serve on the Board
again. The members have reviewed several applications for
membership and unanimously recommended that Mark Marsh be a
replacement since the Board will need an architect.
The term of Kim Dellastatious will also expire on
1988. She is eligible to serve again and would
reappointed.
August 25,
like to be
r /}..,
A/A,<jlu-j //1'< <-"ff-<-75J"",2r-
DIGBY'BRlDGES, Chairman
Community Appearance Board
lamb
cc: City Manager
Members, Community Appearance Board
~
3~
.
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
{!/l,ftJL FtJS/-FL
~&()O f//)J-Ij/T!J/J :B.e /J)6t:. f!ltlL ( #A/-f)ot/f?r.)
HOM~REET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
Yf?/('(ltli (?[Ja~ h 17()nda~ 33t/!/-S-
PRINCIPLE B INESS STREET ADDRESS, CITY, ZIP
NAME
~C;5-4R.~5
HOME PHONE
BUSINESS PHONE
ON WijAT BOARDS, ARE Y~ INTERESTED IN S~ING ,
DZZ22/YJ tDJ /"7 rr//-f' a nlJJ (' p - , t5L212 r r;f
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~
EDUCATIONAL QUALIFICATIONS
A /-/S.
J5; t)/t) ~~/ (' ); (l /J1 /5 fy-o
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
__ "f5M~d ,1/P/JJ!Jp,
- H~p r H/'cn ;tee fU./ut/ '11//[;/./) fi/!O rd
1iA.Jc1tn'C', ~~c. /,.Oc-' 'e/,rt0t,L .BetLc/; r/tL
MOST RECENT EMPLOYER, AND POSITION -)
GIVE YOUR PRESENT, OR
DESCRIBE EXPERIENCES, SKILLS
THIS BOARD. / "u'!ere.sr
WHICH ~UALIFY ~U TO/SERVE ON
7 ,/~///1 / 5ea (' 7
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
&.tIf ;f{~J_
/ SIGNATE
%jere/7Ct'5: ;i-/I', 7JfC/HIl-5 I7em/1f \
/II. la//; (l m /Ia/; U <( ;l-O~fI; I'r--
I
~
/~-1(lg g____
DATE
.
. ~.."
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Debo~a 'Turner Oster
NAME
845 N.E. 71st Street Boca Raton, FL 33487
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
25 Sea breeze Avenue Del ray Beach, FL 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(407) 997~2396 (407) 276-0453
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community Appearance Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS
B.S. 1980 Landscape Horticulture
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Registered State of Florida Landscape Architect License #1131
Member - American Societv of Landscape Architects
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Vice President
Jerr~rner & Associates of Florida, Inc.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. I have been working in the field of Landscape Architecture and rel ated
fields, such as environmental consulting and civil engineering, since mv graduation in
1980 and am personally dedicated to guality development in the City of Delray Beach.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
Lll'-if1#- ~L~.- ~~
SIGNATURE
_JJ1
, 10' 0 ~
c--,/ {(' , 7 CJ 0
DATE I
(
~
Debora Turner Oster
845 N.E. 71st Street
Boca Raton, FL 33487
(305) 997-2396
PERSONAL
EDUCATION
PROFESSIONAL
EXPERIENCE
Present
August 1984 -
July,1987
August 1983-
August 1984
January 1981 -
August 1983
Summer 1978 &
Summer 1979
Married 5'1" 104 pounds 29 years old Excellent Health
Bachelor of Science in Landscape Horticulture 1980
North Carolina State University, Raleigh, North Carolina
Registered Landscape Architect, State of Florida #1131
American Society of Landscape Architects
Jerry Turner & Associates of Florida, Inc.
.Landscape Architects - Land Planners
25 Seabreeze Avenue Delray Beach, FL 33483
(305) 276-0453
Vice' President - Landscape Architect
Responsible for all marketing, project management
landscape design for all Florida projects
Sheremeta Associates
Civil Engineers - Land Planners
101 S.E. 6th Avenue Delray Beach, FL 33487
(305) 276-7300
Land Planner Landscape Architect Drafting Supervisor
Responsible for all Landscape Architecture, GADD
drafting, scheduling all production and supervision
of drafting staff
Coastal Zone Resources
Environmental Consultants
Jupiter, FL
Environmental Permitting Technician
Responsible for preparation of permit applications,
collection of supporting information, field inspections
and all graphic representation
Jerry Turner & Associates, Inc.
Landscape Architects - Land Planners
Raleigh, North Carolina
Landscape Designer Draftsperson
Responsibilities included: planting design, drafting
of site plans, construction details, staking plans,
grading plans, horizontal road alignment, land use
and zoning studies, as well as general office duties
City of Raleigh Parks & Recreation Department
Raleigh, North Carolina
Garden Crew Worker
General grounds maintenance and rose garden maintenance
.
.
Td
fllf
(Of ry
-)
L OI11I1:/fJ'IO/!/CRS
t? LGteK..
)~1/'i'7 +r
LANDSCAPE ARCHITECTURE. PLANNING. ENVIRONMENTAL DESIGN
JERRY TURNER & ASSOCIATES
OF FLORIDA, INC.
2!5 SEA BREEZE AVE.
DELRAY BEACH. FLORIOA 33444
305-2.76004S3
Mr. James Pennington
Town Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
i(i!,~~;,;.
~.,;r';r-.
~ " '4' ~_
~J !1 .:.
AVe 2 q 198i ..:.
CITY"" .
AiVIUit!ts _.
" OffiCE
August 24, 1987
Dear Mr. Pennington,
I am writing to you today to ask that I be considered to fill the
upcoming vacancy on the Community Apperance Board.
I have been working in Delray Beach since 1984 and have become
familiar with the Cities zoning, landscape and building codes
and feel that someone with my experience would be a valuable
addition to the board. I have been ,wishing for some time to find
a way to be of service to the City of Delray Beach and when I
learned of this upcoming vacancy I felt that this would be a
good way to "be involved in the community."
I have also enclosed a copy of my resume for your information.
If you have any questions or require any further information,
please feel free to call me at the above number.
Thank you for your time and consideration.
Sincerely,
.,l2{.~c- d~ od
-
Debora Turner Oster
Landscape Architect
MEMBERS - AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS AND A~ERICAN INSTITUTE OF CERTIFIED PLANNERS
.
.,~..."
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
M Mark Marsh
NAME
14 Hudson Avenue, Ocean Ridge, Florida 33435
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
124 N.E. 5th Avenue Delray Beach, FL 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
736-7718
HOME PHONE
278-1388
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
C.A.B.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) currently: Construction Appeals Board
EDUCATIONAL QUALIFICATIONS
Bachelors of Enviromental Science
Bach",lor of Archit"r.t:l~,t:e.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
State of Florida License Architects.
_A.J.Jh~ O.A.A.. J. I .A.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
ni9by ~Qgg~~ 'Marsh &,~sociates, P.A. - Vice PresidentL Secretary, Treas-
urer
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Architecture with vast experience and knowledge in both
:~chitecturar-&-Landscape and design.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICAT N MAY CAUSE ORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEI
___']/1/ ~_~____
i-iATE
.
'".....
~
M. MARK MARSH
EDUCATION
Dalhousie University, Halifax, Nova Scotia 1973
School of Architecture 1977
Nova Scotia Technical College, Halifax, Nova Scotia, Canada
EXPERIENCE
Mark Marsh is a registered Architect in the State of Florida and
is a partner in the firm of Digby Bridges, Marsh and Associates.
He previously spent two years in Florida as senior designer with
the firm of Baker Ammann & Whitney, working on high rise luxury
apartments and luxury custom housing in Florida and resort
developments in the Caribbean.
Previous experience in the design and construction of high rise
buildings in Florida was gained with the firm of Peabody &
Childs of Pompano Beach.
He worked in Canada with Melvin Satok Architects in Toronto,
Ontario, being involved in a number of commercial and housing
projects for the Ontario Government. During that time he was
awarded an international prize for energy efficient house design.
Prior to working Canada, Mr. Marsh was involved in the planning
and design of high rise commercial and condominium projects in
Jamaica, West Indies. Lately, Mr Marsh has been involved in
planning and design of Municipal Buildings, as well as acting as
an advisor to Architectural Review Boards in Community Develop-
ment.
Mr. Marsh is a member of the American Institute of Architects,
Ontario Association of Architects, the Royal Architectural
Institute of Canada and the Jamaican Institute of Architects.
(
.
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
MARK L. KRALL
NAME
5334 Buckhead Circle, Boca Raton, Florida 33486
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
616 East Atlantic Avenue, Delray Beach, Florida 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
(407) 394-7923
HOME PHONE
(407) 276-7424
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
JCornmunity Appearance Board, Board of Adiustments.
Planning and Zoning Board,
LIST ALL CITY BOARDS ON WHICH YOU ARE CUR~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None at this time.
EDUCATIONAL QUALIFICATIONS University of Miami, Bachelor of Business Administration
(BBA); Nova University, Juris Doctorate (JD); University of Miami, Master of Laws in
Taxaction (LLM).
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Licensed to practice law in the State of Florida
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
LISTICK & S!ElNER, P.A. - Attorney
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Experience in interpretinq statutes, ordinances, codes and policy criteria.
and the application thereof. Familiarity with various procedures of the Citv of Delrav
Beach acquired by attendance at meetinqs of the City Commission and Planninq and Zoninq Board.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~~~~M)
SI NATU E"
~~\rNl ~i \988
DA E
.
- ~....
,
RESUME
MARK LOUIS KRALL
Listick & Steiner, P.A.
616 East Atlantic Avenue
Delray Beach, Florida 33483
(305) 276-7424
EDUCATION
LLM-TAXATION
1982, University of Miami, Coral Gables,
Florida - Top 12%
HONORS
PROFESSIONAL
EXPERIENCE
JURIS DOCTOR
1981, Nova Law Center, Fort Lauderdale,
Florida - Top 25%
BBA-ACCOUNTING 1978, University of Miami, Coral Gables,
Florida - Top 10%
Beta Gamma Sigma - National Honorary Business Fraternity
Beta Alpha Psi - National Honorary Accounting Fraternity
Alpha Lamba Delta - National Freshman Honor Society
5/87 - present LISTICK" STEINER, P.A., Delray Beach, Florida
10/84 - 5/87
9/82 - 10/84
COMMUHITY
INVOLVEMENT
MEMBERSHIPS
PERSONAL
REFERENCES
Practice of law in the areas of Real Estate, Estate
Planning, Wills and Trusts, Probate, Federal, State and
International TazatioD, Condo.iniom Law and Corporate Law.
RHOADS " SINON, Boca ltaton, Florida
Practice of law in the areas of Real Estate, Estate
Planaing, 'Wills ana Trust., Probate, Federal, State and
InterlUltional ~axation, Condo.iniom Law and Corporate Law.
PRICE WATERHOUSE, Hi..i, Florida
Senior taz accountant and consultant in all areas of
Federal, State and International Tazation including
practice before the Internal Revenue Service at the
District Level.
United Way of South Palm Beach County, Board of Directors
Rotary Club of Delray Beach, Florida, Member
Palm Beach County Bar Association, Florida Bar
Association, AIIIerican Bar Association
Born 5/3/57. Single.
Available upon request.
.
--.
~
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
/J1/ Ie/XEd Se- /I.c=A E/?
NAME
or 5"';/-1 @('E~P ~Jv d j),Eif>>.;8.f/i{'l! F/ .:53t//3
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) r-
hl/-eccl
PRINCIPLE BUSINESS STREE~ ADDRESS, CITY, ZIP
~7J- CJ 9/ 9
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~t/f4
""--co /1 1=3
o/f
HAVE PREVIOUSLY
/96";:; /..r
'E.
-
It I lUll ~AI If'
LIST ANY RELATED
HOLD.
GIV~YOUR PRESENT, O~ MOST R~CENT EM~OYER, AND POSITlON
J 1f~lfsfL/l~1'{ Cof~/ ('ly,5 L-'.?A/dO "'fS,$',,v
ON
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
~4av~~A/
SIGN TURE
(Jn~.7 old. /ffr-
~ ' DATE
.
.
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
DESIREE LYNN SNYDER
NAME
587 N.W. 45th Drive, Delray Beach, Fl. 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
G._Thomas Catalucci Inc.(Interior Design) 420 East Palmetto Park Road, Boca Raton,Fl.
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP 33432
495-0657
HOME PHONE
338-7688
BUSINESS PHONE
l.-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Community Appearance Board
LIST ALL CITY BOARDS ON WHICH YOU ARS CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) I have listed my appointments below.
EDUCATIONAL QUALIFICATIONS
four years and I graduated from
Interior Design.
I have attended the University of South Florida for
The International Fine Arts College majoring 1n
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Rn::tT~-qf... F.r111(':::I~inn '1'P::l"heJ:...~Itific..atp.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION G. Thomas Catalucci
Inc.. I-~_~nterior Desiiner with this firm. The firm is an Associate Member of the
Ampr;f'::In Society of Interior DesiQners.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. T Am prp~pnrly nn t"hp Arrhit'pC"t"llT.::Il r.nmm;t"t"~p .::It" Pin,:. tI::<Iirc F::IC:::t'. which
is very simi~to the Community Appearance Board but on y responsi e or our developement
In~ current position as 'an Interior Designer IrQutinely design and prepare visual
conceptions as well as incorporate the asthetic values of design to enhance the overall
PLEASE ATTACH A BRIEF RESUME. appearance.
I, HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE,' AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
iV.MI1~;. rL.1rrr'~A.J
, SIGNATURE
w It/gfr______
DATE
.
,
/
DESIREE LYNN SNYDER
587 NORTH WEST 45TH DRIVE
DEfoAAY BEACH. FLORIDA 33445
30'4950657
o t>
CAREER OBJECTIVE: TO PURSUE A CAREER IN THE
INTERIOR DESIGN FIELD.
t> 0
EDUCATION:
INTERNATIONAL FINE ARTS COLLEGE
MIAMI. FLORIDA
RECEIVED ASSOCIATE OF ARTS DEGREE
MAY 2. 1987
MAJOR: INTERIOR DESIGN
,
UNIVERSITY OF SOUTH FLORIDA
TAMPA. FLORIDA
ATTENDEDAUGUSTI981-MAYI985
MAJOR: LIBERAL ARTS
MORRIS CATHOLIC HIGH SCHOOL
DENVILLE. NEW JERSEY
RECEIVED DIPLOMA MAY 2. 1981
RELATED WORK EXPERIENCE:
2/87 - 3/87 MOSHE COSICHER. A.I.A.
INTERNSHIP ARCHITECTS AND DESIGNERS
NORTH BAY VILLAGE. FLORIDA
9/87 - 12/87
.
,
WILSON/JENKINS 8< ASSOC. INC.
ARCH ITECTS/ENGI N EERS/PLAN N ERS
POMPANO BEACH, FLORIDA
.
.
PROFESSIONAL SKILLS: CONCEPTUALIZATION AND DESIGN OF
COMMERCIAL AND RESIDENTIAL INTERIORS. TEXTILE COORDINATOR.
SPACE PLANNING. DESIGN OF FUNCTIONAL FLOORPLANS.
ARCHITECTURAL LETTERING. FURNITURE DESIGN. ABILITY TO
COMMUNICATE EFFECTIVELY. COLLABORATED WITH ARCHITECT AND
DESIGNER IN FINALIZING DESIGN RENOVATION. SUCCESSFUL
ORGANIZATION OF PRESENTATION BOARDS. RESEARCHED AND
COMPILED DATA IN PREPARATION FOR PROPOSED DAYCARE CENTER.
INTERVIEWED POTENTIAL CLIENTS. SECURED FINANCIAL
INFORMATION ON PROSPECTIVE CLIENTS. DEVELOPMEN,.f AND
COORDINATION OF CLIENT PROGRAMS. 1
TRAVEL: BERMUDA. CANADA AND MEXICO
ACTIVITIES: HIGH SCHOOL VARSITY CHEERLEADER. FRESHMAN
HOMECOMING REPRESENTATIVE. STUDENT COUNCIL REPRESEN-
TATIVE AND A MEMBER OF THE LITERARY GUIDE CLUB.
I AM PRESENTLY ON THE ARCHITECTURAL COMMITTEE AT PINE
TRAIL EAST COMMUNITY AND I AM AN ALUMNAE OF ALPHA DELTA
PI SORORITY.
REFERENCES: FURNISHED UPON REQUEST.
(
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\
CITY OF DELRA~ EACH
BOARO MEMBER APPLICATION
Alice H. bin:-t
NAHE
71)7 t'lacC' l'av:lnt 1)('lLl\ 'UP;\l'I :U.I,,5
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
4'1,,-7]'IU
HOME PHONE
BUSINESS PHONE
WHAT BOARDS ARE YOU INTERESTED IN SERVING ON:
~orn,~unl ty Api)Prl r::ll1rp
I' 1 '1 nn .. nr " n I {,r, , fl
1I1"'1~L I (!.. PI?E S ~iI2VA '7"1 d N ~ D AI? D
LIST ALL CITY BOARDS WHICH YOU ARE CURRENTLY OR HAVE'PREVIOUSLY
SERVED ON. (Please include dates) Cum,nllnity '\"l,,,,,ranC(' 1'''''1'0 1",-,'':'-1
,I'rior to ]l'~7: Con; r"sO'; AV('lIuP <-on-idol' ConIl1itlf'e, lie:,ch ['arl<i,,:, ","
l'omm;ttee. J;'arks and '(ecreat;Oll Stlldy Comm;ttl'c, Ilandcl< "<11'1< .\<:\i:",-,
Committee.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION.
Jlomf'makcr
DESCRIBE EXPERIENCES, SKILLS, OR KNOWLEDGE \'1HICH QUALIFY YOU TO SERVE
ON THIS BOARD.
I have~~tellOClJ 11".1'1" all l;it\' \AJII!lc;l--C""l111;",,"'i'
meetings for tl1e ta~t 1U Years. 1 fef'] tha l 1 knUh \\'hLt l11e ';"illn:is
expects of lJoard members. 1 hed nc"r1y fi\'(. ye-ars on tie C,jj >'I('rc
I,as rf'Clll;rf'cl to he thOl'Oll>,h in reaCl1ng plan-, (Iiagrams, and "tl"iyjn
L,;r~Jlx ~X),.~lr~:;r~JJx X'M.f~RR,4:.Q.tll.u..\'c.E.ll.ll'~.f.it,C.M'.it.01:l:6., ANDA UCE.NSES"w'lU,CH, YO.li, .IiC
cl1arts. .1. }1~l\'e fot lO\\'(ld lIIauy 1'1 uj('cts ill t 1,\, l;11 y ,'rulII CUllC\ l't "
occupancy ana Know \o\'nat lS .-1Cl('ptflule lU If:(' CUlII:'llllliL'. .LI;I
tnorou~:h anu efficient and navf.' tilkpll my do'! rd .r'PS'j()n<..:; ill 1 ; 11,1'';'; ....:/',.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE
AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN
THIS APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT
I MAY RECEIVE.
/ )1 . .if..' 7ii.- .
( L i (Ii .:t/~IA.- L o(
SIGNATURE
,)
,-
( ('
, ,
DATE
""
(
.
,
. \
,
l{e:-;lIIIlC'
,
ror .\liCt, II. F11I~t, 'IVI 1'];\("(' l;l\'i!lll., 11/,11:1\ Ih'.!C
.de~~ rflPs :- 1\. ;\. ,. 1>. S. td. 1\1. Uos tOil t n i \' C rs i ry
Uecl~?"tion:
LOlllcllwk,t'r fur th' fin1"1 t'arni 1 v
Community A.r.tivitics: ."l(l'tl1hCt'--~'J'\.Jj; 1)elr~l\ I~f'ncll l'i~t()lical ~ll('i(,t",
Uar~..,ick. iJ~lrl, :\dv;,'ur~ .....(lflll'11tll'('; I!OIll('lH\'11('r:--: l"C'I;llC llf ''';hlt('l;ll~1l
~l1airlTlan of ,\rcl'it('ctllral ,."nll"] L.llmmittc'L'; u('I1''') liC';,rt! 75th :.nll1\C',""
GClebrnt;lll,l.; .\tJ;lnr;c lIte" ,"'ir.l~l)U] 1,':'\rl'Tlt "'\<I\.i~l)r)' L.nIi1T1t;tl(-C; C;;\.l.";l,..
~i.tiz("ns J\;llly in .'l"PI)ort (If inll'!'r;tle<\ :"l('hllll~.); l'I'lr:l) !)C"l('l ','.!\llJl\lnilj
':\p:H.'aranc(' dll;lrd--vil~(' L!lflill'l;lTl: {~it~ l.\llllllll," lUtI 1,;ltcll'J
l h;t\'l' a J1L'Xllllv sch'dlll~' ,UlU jllj \1111111. t~1 ~('I\'l'.
(
-~...'
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~pnl'r~ 'rfl1ipmqbn ~lmv
NAME
110'3 Vista D!'l Mpr Dri,'''- South D!'lrpy BeAch
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
~3483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
"78-fi~5l
HOME PHONE
BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PlAnnin~ & Zonin~,
-'- f "r. 't '/','.i1 " ,
~. CJ:ll.U::. ~n orr.pmpnt,. OmrrlJnl V "T'lnpPTAncp, ~L~"if-tx.i...~_
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOU~
SERVED (Please inolude dates)
EDUCATIONAL QUALIFICATIONS Sn!'cipli~t in EducAtion. Univprsi\y- of Georgi
lD7R,.t_ ~i,,~tpr~ in "d.\JCl'tlQ.U.... Univer~ity of Gpor!!ia. 1975; flAchCllor
nf -"rt~. W"~l,,,van Collpr'p. 1~65
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD,
Florida And ~<:OT'!1ilJ_tpAching certificptp,.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER AND POSITION Palm ReAch
County Schonls, J.G. Mitcn!'ll Sn!'cial ~ducntion Gpntpr~ocA
lint on: harrTpm Goordinpt or
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE
THIS BOARD. 1 l,pvp an Anility to re~"Arch nrobl"r'l~ R: lltili~e informption
to "'1'\," inforf'l"d (1eci~ionp pp wpll p~ to An.,ly l'<1min1~trAtlvPrurP~ nnd
PC" l"tinns to ~,,"cific "rppl ..-orld" ~itupt ion~. I I'll exnprl!'nc!'c1 1n
ripci ~ion mpking and fllnct ionin!! in p no~it ion 11 or1ty.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE,
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS J
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I
RECEIVE.
A #: L
c---. 'Cjc~rJl.i">A_ , {, iV1A.1fIr_
SIGNATURE (j
~ - 30 - Y?
-~ ---.
DATE
'X! ~
(
.
SANDRA WILLIAMSON ALMY
1103 Vista Del Mar
Delray Beach, Florida i3483
(407) 278-5351
-----------------------------------------------------------------
EDUCATION: Specialist in Education ,1978, The University of
Georgia; Masters in Education, 1975, The University
of Georgia: Bachelor of Arts, 1965, Wesleyan College,
Georgia.
QUALIFICATIONS:
* Experienced in decision making and functioning in a
position of authority
* Proven ability to work effectively in a group setting
* Ability to deal with questions, objections and
criticisms
* Experienced in personnel administration
* Dev'eloped and implemented educational programs of
various types
* Expert in public speaking and dealing with citizen
groups
* Proven experience in working with disadvantaged and
minority communities
* Familiar with interpreting and executing Federal
programs and policies
EXPERIENCE:
1985-1986 PROGRAM COORDINATOR, Boca Raton, Fl.
Administrator in Special Education Center responsible
for supervision and evaluation of teachers and staff;
directed center in maintaining compliance with state
and federal guidelines for handicapped students;
developed and implemented instructional programs.
1975-1983 SPECIAL EDUCATION TEACHER, Athens, Ga.
Responsible for coordinating all resource special
education classes within a school; functioned as
assistant to principal and designated crisis inter-
vention specialist.
1973-1975 EDUCATIONAL CONSULTANT , Macon, Ga.
Conducted programs in school district for teachers
and administrators on classroom management.
1965-1973 CLASSROOM TEACHER, Lakeland and Tampa, Fl.
and Macon, Ga.
(
-~-c.'.
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
,p ,
Lt.; /IA-N E, FF/ OAf} RN
NAME
" .
:J~OO :I:t N/ t!'.e-,€. ])/2I/1E -#010.5/. /)e-l,enr-BEB;J/f, HI1. ~O~~_
HOME STREET ADDR~S, CITY, ZIP (LEGAL RESIDENCE) .
~-nv--- a.a ~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
'fp7':'().7:J- -b-3?Xf
HOME PHONE
~.
BUSINESS PHONE
~~~S ARE YOU INTERESTED IN SERVING t~4 ~~
LIST ALL CITY BOARDS ON WHICH Y U ARE
SERVED (Please include dates)
-
r
REL T D PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~
R PRESENT, OR MO
EMPLOY~R, AND,POSITION ~~~
DESCRIBE EXPERIENCES,
THIS BOARD. '
1- /
WHICH ,QUALIFY YOU TO SE~VE ON
.-.at'R/~~~~~
'-, , f'4/-/If-.!ios::..
...
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE.
V'M . '!i, ~.1.A_~_~
~-~
SIGNATURE
____ O~:!, '2:l:~-JjL?L_
f~ATE
.
~
~/ 1. iJ'?
-
100 N.W. 1st. ATe.
Delra7 Beach Florlda 3)444
.', ~:
~.
I .. lnter.sted ~ B<<rTlng the Clt7 ot Delra7 Beach ln &AT
ea~lt;, that wlU help aalce our Clt7 a beautltul place to
llTe and prosper. I would llke to be consldered tor the
Co_unl t~ App_raDce Board..
I aa a resldeat ot the CltT at nelra7 Beach tor the past 12
Tears. aDd. roS1.ter~ Toter ln the clt7 tor 12 Tears. IITe
been a reaJ,deat oe the State ot Florlda slnce 1965.
At present I'a. ...ber ot the Bea~tltlcatlon Co..lttee and
haTe serTed slao. 1984.
I haTe 40 Teare ot buaiJa..a exp.rlence. aanagerlal al\d entre-
,..preneur. .
Hoa. olOlushlp OTer 40 70ars. New Jerse,. New York. Florlda.
Organlzatloa acUTit1..; AARP. SOS, t1.PO.
Art student; BoeaRaton Center tor the Arts.
FAU audltstudent; studle. included. M\U'llclpal GOTer1\...t
Adalulstratlon. Polltlcal 8cl..c. courses. U.S.hlstorT and
gOTeraaent&l cour.... Phllos0ph7, Oce-.ograph7.Meteorolog7.
~~~
$u ~dd. ffJU. .
~11,_~
~~'R"~
Verl Trul;r Your.,
~k:..,~~
'Lilllan E. Peldua
.
2500 Junlper Dr!Te #202
Delra7 Beach Florida, 33445
272-5309
.
(
.
M E M 0 RAN DUM
To:
Robert A. Barcinski- Asst. City Manager/Management
Services
From:
Ted Glas- Purchasing Director
Date:
August 18, 1988
Subject:
Bids on Homewood Blvd. Between Linton Blvd. &
Lawson Blvd.; Bid #88-91
Seven (7) contractors submitted bids for the July 29, 1988
bid opening. A Tabulation of Bids is attached for your
revie~'.
Following staff analysis and review, it is recommended that
all bids be rejected for reasons as outlined in attached
memorandum from Assistant City Engineer.
//d
~
Ted Glas
Purchasirlg Director
Attachments:
Tabulation of Bids
MernoI'arldum from Engineering
pc: Gerry Church
Gates Castle
Y\-"onne Kincaide
David Huddleston
8-22-88
'It): Walter o. Barry
Additional backup re
Agenda Item # 40.
(fram RAE)
ut::t-' AH I Mt::l\l.l AL
CORRESPONDENCE
TO
Ted .Glas, Director of Purchasing
[ITY OF
DELRAY BEA[H
FROM
)J~~
Gates D. Castle, P.E., Assistant City
Engineer "J~(j
SUBJECT
Homewood Boulevard Improvements
between Lowson Boulevard
and Linton Boulevard
DATE 8/17/88
On July 29th bids were received for the subject project
(Bid No. 88-91). Engineering recommends rejection of
the bids (see attached copy of my 8/12/88 memo to the
City Engineer for an explanation of this recommendation).
Please void my previous memo to you dated 8/2/88 regard-
ing award of this contract.
GDC:ji
......,...... I ',. . II. '.L-", i ,- .,....
'CORRESPONDENCE
TO
Gerald B. Church, P.E., City Engineer
1.11 T LIt
DELRAY BEA[H
/j~(j
FROM
.~ II e..
Gates D. Castle, P.E., Assistant City Eng.
Homewood Boulevard between
Linton Boulevard and Lowson
Boulevard
SUBJECT
DATE
8/12/88
On July 29th, bids were received for widening, median curbing and swale
construction for the subject section of roadway. At a subsequent meet-
ing with the Pines of Delray and Pines of Delray West Homeowners Asso-
ciations' representatives, objections were raised to certain portions
of the proposed work. Specifically, the Pines of Delray objected to
the swale drainage concept and requested a positive drainage system
for the east side of the road (as well as for Black Olive Blvd. from
Homewood Blvd. to Mahogany Way). The Pines West representatives ob-
jected to the removal of the existing hedge on the west side of the
road between SW 13th and 15th Streets, without a similar hedge being
planted at the property line and necessary sprinkler system modifica-
tions. Both groups agreed with the proposed median curbing as re-
quired for median landscaping. Neither association was willing to
grant a sidewalk easement, required if swale drainage was utilized
for the road.
The second phase of improvements was to involve landscaping of the
median and both sides of the right-of-way. However, the objections
to the swale drainage on the east side and removal of the existing
hedge on the west side, along with the need to locate a sidewalk with-
in the existing right-of-way left all but the median landscaping un-
certain.
As a result of the meeting, the following items were decided, sub-
ject to City Manager and City Commission approval:
1. Reject bids received on July 29th.
2. Modify proposed landscaping plans to delete, for now, all
the landscaping except in the median and add the median
curbing to the landscaping plans.
3. Prepare plans and specifications for drainage on Black
Olive Boulevard, the widening of the east lane of Home-
wood Boulevard to 24 feet, and curb and gutter with side-
walk adjacent to the widened east lane. These plans
would be ready for bidding by approximately October 1st.
Homewood Blvd. between
Linton Blvd. & Lowson
Page Two
August 12, 1988
The above items satisfied the Pines of Delray representatives, how-
ever, a field meeting with the Pines West representatives was neces-
sary concerning the hedge and sprinkler system between SW 13th and
15th Streets. At the meeting, it was resolved that a new hedge
would be planted at the property line and necessary sprinkler modi-
fications would be made as a part of a future landscaping contract
(after median landscaping) for Homewood Boulevard. At that time,
the Pines West would have no objection to removal of the existing
hedge.
GDC:slg
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ucr /"\n I IVICI" I /"\L
'C~~k~:~~O~~
Interim Director Development Services
FROM
. nP. G<;,ral..d B:.C.h. ur.c h, P.E.
~_ Clty Englne~r _ .
'.1
~IJ't Uf
DELRAY BEA[H
~Ci
TO
Homewood Boulevard be tveen
Linton Boulevard and Lowson
SUBJECT __ --BQulevar_('L
_. ..----.~ __'__"U_._._ _ _'__.__._,
DATE
8/17/88
On July 29th, bids were received for widening, median curbing and
swale construction for the subject section of roadway. At a sub-
sequent meeting with the Pines of Delray and Pines of Delray West
Homeowners Associations' representatives, objections were raised
to certain portions of the proposed work. Specifically the Pines
of Delray objected to the swale drainage concept and requested a
positive drainage system for the east side of the road (as well
as for Black Olive Blvd. from Homewood Blvd. to Mahogany Way). The
Pines West representatives objected to the removal of the existing
hedge on the west side of the road between. SW 13th and 15th Streets,
witnout a similar hedge being planted at the property line and
necessary sprinkler system modifications. Both groups agreed with
the proposed median curbing as required for median landscaping.
Neither association was willing to grant a sidewalk easement,
required if swale drainage was utilized for the road.
The second phase of improvements was to involve landscaping of the
median and both sides of the right-of-way. However the objections
to the swale drainage on the east side and removal of the existing
hedge on the west side, along with the need to locate a sidewalk
within the existing right-of-way left all but the median landscap-
ing uncertain.
As a result of the meeting, the following items were decided, sub-
ject to City Manager and City Commission approval:
VI.
2.
V
Reject bids received on July 29th.
Modify proposed landscaping plans to delete, for now, all
the landscaping except in the median and add the median
curbing to the landscaping plans. The cost of the curbing,
estimated at $28,OOO,is to be funded by Road Impact Fees.
3.
Prepare plans and specifications for drainage on Black
Olive Boulevard, the widening of .the east lane of Home-
wood Boulevard to 24 feet, and curb and gutter with side-
walk adjacent to the widened east lane. These plans
would be ready for bidding by approximately October lst.
The estimated cost of the revis~d project is $181,OOO.
It should be noted that the drainage plans for Black
Olive Boulevard will include swales in the grass areas
and inlets at the intersections.
h I"{"t..
eM 362
THE EFFORT ALWAYS MATTERS
qD
i.
Homewood Blvd. between
Linton Blvd. & Lowson
Page Two
August 17, 1988
'.1
The above items satisfied the Pines of Delray representatives, how-
ever, a field meeting with the Pines West representatives was neces-
sary concerning the hedge and sprinkler system between SW 13th and
15th Streets. At the meeting, it was resolved that a new hedge
would be planted at the property line and necessary sprinkler modi~
fications would be made as a part of a future landscaping contract
(after median landscaping) for Homewood Boulevard. At that time,
the Pines West would have no objection to removal of the existing
hedge.
GDC:slg
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~
f
,
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,.
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;...
-
DEpJ'RTMENTAL
CORRt::SPONDENCE
[Iry DF
DElRAY BEA[H
~(i
TO Wal ter O. Barry, Ci 1pY .Ma::<;9rr
THRU: Frank spence~e~r Development Services
FROM {1PGerald B. Church, P.E, City Engineer
f .
SUBJECT
Request to Purchase Property
Lot 13, Bloc 4, Del Ida Park
8/17/88
DATE
The City purchased Lot 13, Block 4, Del Ida Park for the construction of
a cul-de-sac to terminate Dixie Blvd. Only a portion of the lot was
needed for the road improvement, refer to sketch attached showing the
lot and proposed construction.
The adjacent property owner of Lot 14 has written a letter expressing an
interest in purchasing the portion of the lot not required for the road
construction. The City purchased the lot for $12,000. The total lot
area is 12,800 square feet. The portion considered excess is 5,200
square feet.
We do not anticipate a need for the residual parcel. It is recommended
that the City sell the north 60' of Lot 13, Block 4 of Del Ida Park
Subdivision, with a restriction that residual parcel not be used for a
building site.
GBC:slg
Attachment
eM 3B2
THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO:
WALTER O. BARRY - CITY MANAGER
FROM:
~
LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
AUBURN TRACE HOUSING DEVELOPMENT, PROCACCI DEVELOPMENT CORP.
AND PALM BEACH COUNTY HOUSING PARTNERSHIPIJOINT VENTURE
COMMISSION ACTION
SUBJECT:
DATE:
AUGUST 18, 1988
I have attached a copy of the written proposal to construct 256 units
on the site proposed for the Auburn Trace Housing Development Corp and
the Palm Beach County Housing Partnership. The revised proposal is
submitted as a joint venture between the developer and this non-profit
agency.
Background:
On July 26, 1988, the City Commission denied a rezoning request for
RM-IO to the proposed site that would have provided the opportunity to
construct 368 units of affordable rental units and other amenities as
proposed in the UDAG application and approved grant agreement. The
Commission stated they would prefer to see a site plan with 7 units
per acre rather than the 10 units per acre as proposed. The developer
was given a deadline of August 12, 1988 to submit a revised proposal
and preliminary site plan to staff for Commission consideration at the
August 23, 1988 regular Commission meeting.
Analysis:
The new proposal and site plan submitted by the joint venture provides
for the construction of 256 units on the proposed site. The site
development calls for 32 buildings containing a total of 219,680 sq.
ft. for rental units and approximately 5,400 sq. ft. devoted for
clubhouse, rental office, security gates and laundry facilities. The
developer's proposal appears to indicate that the project would be
financially feasible after reducing the number of units from 10 to 7
per acre, but the amenity package would be substantially decreased.
The Commission must also decide if it wishes to accept other changes
proposed by the joint venture in order for them to proceed with this
development. At this point, staff has identified major changes in the
proposal as it relates to the City's financial participation and the
scope of the development. They are:
1. Reduction in units from 368 to 256.
2. Reduction in total project cost from $17,510,239 to $13,251,148.
3. Proposed reduction in the UDAG grant to $3,827,200 and City match
proportionally to $765,440.
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4. The elimination of the proposed on-site amenities of day care
center, pools and recreation facilities.
5. Reduction in the size of the clubhouse and rental office.
6. The City will be required to reduce the land cost from $730,000
to $230,000.
7. Provide for the City to accept 75% of net cash flow available
from the project in lieu of a fixed payment schedule for the
repayment of the City's 20% match.
8. Requires the City to agree to forego the interest on the UDAG
grant for years 1 through 5.
The City's Finance Director will provide comments on the fiscal impact
to the City under separate cover and the Planning and Zoning Director
will provide comments relative to the preliminary site plan. At a
minimum, the site plan does not take into consideration the location
of existing water mains and proposed new water mains, utility
easements and overhead power lines and poles. Therefore, the final
site plan may be substantially different than what is shown.
The Commission should keep in mind that the revised proposal is
considered a substantial change in the Scope of project as it relates
to the UDAG grant award and agreement. The Department of HUD reserves
the right to decide if the project is financially feasible as proposed
and will have final approval on any amendment requests should the
Commission decide to approve the joint venture project as proposed.
Amendment request to the grant agreement with proper justification
would include:
Participating party would be amended to include the joint
venture.
Project elements would be amended to provide for the construction
of 256 units.
Amendment to UDAG grant amount and City's match, both would be
reduced.
Amendment to the land cost to $230,000 and agreeing to new terms
on purchase money mortgage agreement.
Amendment to accommodate a $5 million first mortgage agreement,
providing for new terms on the same.
Amendment to the repayment scheduled established for years 1-5 on
the interest of the UDAG loan by the developer per the grant
agreement.
Amendment to construction start date.
2
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Summarize:
The revised proposal addresses the density concern but at the same
time the reduction of units lowered the income thus affecting
operating income needed to provide the amenities package as originally
proposed.
The Commission should also be cognizant to the fact that the City has
not received written approval to extend the construction start date
and land closing date as requested by HUD. Telephone contact with .the
UDAG staff has been on-going to provide status of project. UDAG staff
would prefer to process all amendment requests at the same time. They
are expecting written response from the City of the project status by
the early part of September. Further delay to proceed with the
project may jeopardize the City's UDAG grant reservation.
LB:DQ
Attachments
cc: Frank R. Spence, Interim Director
Disk-Lula
A:Auburn.CC
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DEPARTMENTAL
CORRESPONDENCE
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Lu a Butler, Director
Co mun'ty IIm~~~~ment Services
J . '~ov~'rf~
1i1:Jt..rDepartment of Planning and Zoning
lJBJECT Sketch Plan Critique - Auburn Trace
DA TE August 18. 1988
SITUATION:
I have been asked to provide comments on the sketch plan which
was provided with the latest of the "procacci" proposals for the
potential Auburn Trace Residential Development.
My comments focus on three areas. These are:
a) comparison with the previous sketch plan;
b) overall comment on the latest sketch plan; and,
c) technical comments on the latest sketch plan.
Comparison with previous sketch plan: Attached is
reproduction of the sketch plan submitted with
application and the current proposal. The sketch plan
with the UDAG is that which was viewed by the City
late in 1987.
a reduced
the UDAG
submitted
Commission
Besides the
system, the
proposal or
reduction in unit count and change
following amenities are no longer
have been significantly changed:
in circulation
a part of the
* the lake amenity located by the Barbecue, Volleyball, and
Playground has been eliminated, and drainage is
accommodated by a large dry retention area;
*
the family pool and the adult pool have been
eliminated;
*
the basketball courts and the two tennis courts have
been eliminated;
*
the day care center is no longer contained within the
perimeter of the development, nor is proposed to be
constructed and operated as a part of the development.
An area is set aside (part of area to be dedicated to
the City in order to meet park land dedication
requirements) on the latest sketch plan, and it is
intended that the day care facility would be operated
independent of the Auburn Trace Residential
Development;
, 3G2
TilE EFFORT ALWAYS MATTU1S
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To: Lula Butler, Director
Community Improvement Services
August 18, 1988
Page Two
* the initial plan had 80 one bedroom units or 21% of the
development; the revised plan has 48 such units or 18%
of the development;
* the "future city park" area is diminished in area
proportional to the reduced unit count; it is also
relocated from the northeast to the southwest;
* another concept, that of the developer providing
initial development of the park with subsequent
maintenance by the City is no longer included;
* the latest sketch plan has considerably more open area
and distance between buildings;
* the latest sketch plan provides an internal
circulation system and parking arrangement which is
technically correct and more functional (the initial
sketch plan was very severely in violation of City
code) .
In sUmmary, the initial sketch plan appears to have been designed
to cater to families and an adult area. The adult area featured
a club house and tennis courts; thus being a highly active area.
The family area included basketball and volleyball courts and
barbecue. The latest sketch plan does not provide that amenity
package and will thus probably cater to individuals who are not
inclined to seek out or use those amenities. The principal
amenity in the revised project is its open space and security
aspects.
In fairness to the project proponent, the sketch plan which was
submitted with the UDAG application does not necessarily
represent the concepts which were discussed with the City
Commission subsequent to the first of the year. Concepts during
that period were reduced to cash flow and finance
representations.
Overall comment on the latest proposal: With the significant
reduction in unit count a variety of development scenarios are
possible. The latest proposal has an area which wouldlcould be
restricted to one bedroom units and, thus, would not have school
age children with it. This is a 48 unit area. It is separated
from the balance of the development and would be a fairly private
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To: Lula Butler, Director
Community Improvement Services
August 18, 1988
Page Three
enclave for the targeted population. Since there are no
amenities, it is assumed that this part of the development
house elderly citizens.
active
would
The family units are quite spread out and do not have a focal
point or localized areas for children's activities. Along the
same line, siting of structures provide orientations of many
units toward Carver Estates and the cemetery. To overcome this
an obvious solution is to increase unit count and form more
creative and functional open areas (it is presumed that
engineering has not been performed regarding the size of the dry
retention area). Besides the obvious solution, another solution
is to provide a mixture of housing types, i.e., vary from the
four unit townhouse complexes and provide single story units which
may be more accommodating to families. In other words, the
proposed development does not appear to address "social
engineering" considerations which should be a part of a
development created for a specific social purpose (which is the
intent of using UDAG funding).
"
Technical aspects of the latest sketch plan: The fOllowing
technical comments are provided so that one does not assume that
the sketch plan will bear any resemblance to a final site plan.
There is ample room (area) to accommodate all of the technical
concerns.
*
the southerly extension of S.W. 12th Avenue is shown
encompassing School District property (Carver Middle
School field area) -- the ability to obtain that
right-of-way from the School District is unlikely given
their pUblic stance on the proposal;
*
the westerly extension heads toward the Katherine
Strong Center property and onto existing undeveloped
play area. It is assumed that this alignment is
directed to connect with 15th Avenue instead of 14th
Avenue -- the resolution of the alignment would be
addressed in the traffic study which is required with a
formal site plan submission;
*
the right-of-way for the pUblic street system through
the property is to be eighty feet (80') to accommodate
a collector street;
*
the building sitings have not taken into account the
existence of overhead FPL facilities and existing
easements for other utilities, including an existing
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To: Lula Butler, Director
Community Improvement Services
August 18, 1988
Page Four
30" raw water main and an additional raw water main
which will be installed as a part of the golf course
Wellfield project -- accommodating those utilities will
require relocation of the entry gate area and a few
buildings;
* accommodating north exiting traffic from Carver Estates
will necessitate an extension of 7th Street westerly
from 8th Avenue. This street extension will wipe out
the irrigation pumps for the cemetery. It will also
reduce some of the future internment area of the
cemetery;
* the northeast corner of the site has been determined to
have some soil problems. Reports have suggested that
single family homes(one story units) be located in that
area as opposed to multi-story structures;
* the proposed entry situation is unacceptable from
intersection geometries -- a proper solution can be
accommodated;
* given the reduced unit count, the soil conditions in
the northeast corner, the existence of 10th Avenue, the
utilities which exist, various
considerations for the alignment of the collector from
4th Street to 10th Street, the elimination of on site
(active) amenities, the reduction of public park area,
and the removal of the day care facilities from the
interior of the development, other new concepts for the
development could be considered. These could include
the creation of clusters of units which would provide
security in a manner different from that of a manned
entry gate.
In summary, the latest sketch plan provides the proponents' best
thinking at this time. The concepts embodied within it may well
change drastically if the project proceeds and more attention is
focussed upon site development. No commitment by the City (staff
or Commission) should be made or interpreted by the existence of
the latest sketch plan as being a part of the current "Procacci"
proposal.
c: Walter O. Barry, City Manager
Frank Spence, Director of Development Services
Gerry Church, City Engineer
Bob Pontek, Director of Utilities
Auburn Trace Tracking File
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August 15, 1988
Mr. Walter Barry
City Manager
CITY OF DELRAY BEACH
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Auburn Trace Housing Development
Dear Walter,
As you are aware, the procacci Development Corporation has
formed a joint venture with the Palm Beach County Housing
Partnership, Inc. to develop the AubUrn Trace rental housing
project. Since our last meeting with the city Commission we
have been exploring the possibility of incorporating the Carver
Estates housing project in the Auburn Trace development, thus
utilizing any benefits of ownership and management that may
resul t to make the Auburn Trace development financially
feasible at a lower density.
Unfortunately, even with the capable assistance of your
staff, we have not been able to identify a way in which the
Carver Estates project can be incorporated with any degree of
certainty or in a timely fashion. At this time, HUD is develop-
ing new regulations for the disposition of Federally held as-
sets and there is no consensus as to when those regulations
will be promulgated. until that time, HUD is not acting upon
any requests for disposition. Similarly, there are currently no
programs for rental assistance or operating subsidies that are
available to the private sector that would be of any immediate
benefit.
We have been advised that it would be at least 12 months
before HUD would be in a position to act on any request regard-
ing Carver Estates. Before any request could be made to HUD the
city and the Housing Authority must agree on a direction and be
in a position to support that request. Obviously, no action or
decision regarding Carver Estates could be made in time to sup-
port the UDAG revisions.
PROCACCI DEVELOPMENT CORPORATION
401 West Linton Boulevard. Delray Beach. Florida 33444
(8CJ51 265-0500. (305) 427-3555 rBrowarcJJ. 1-800-233.2844
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Mr. Walter Barry
August 15, 1988
Page 2
With that in mind we have focused on the development of a
256 unit project at the Auburn Trace site. r have attached a
draft site plan along with summary information on the develop-
ment and operating costs along with a 15 year operating
proforma for such a proj ect. r have also provided comparable
information on the 368 unit project just as we have presented
it to the city and as approved by HUD.
As you can see from the information provided, the effect
of the reduction in the number of units is a significant reduc-
tion in the net operating income (NOr) as indicated on line 10
of the Operating Proforma. Net operating income has been
reduced by $499,000 or nearly 44%. This reduces the amount of
income available for debt service, replacement reserves and
other elements to service the project.
contributing to the reduction in the Nor is the per unit
operating cost which increases from $2,054 to $2,480 in the
smaller project. This is the result of fixed operating ex-
penses, such as the security system and site maintenence, which
must be spread over fewer units. Also, because of the extent of
the site improvements, per unit development costs have in-
creased from $49,866 to $51,762 requiring either additional
debt or equity contribution to capitalize the development.
In order to proceed with the project we have made certain
assumption which we are presenting to the city here. Those as-
sumptions are:
1. That the city would reduce the land cost to $230,000
and accept a puchase money mortgage in that-amount payable
at $25,000 per year for 8 years with a final payment of
$30,000 in the ninth year.
2. That the City would agree to accept 75% of the net
cash flow available from the project in lieu of a fixed
payment schedule for the UDAG local match. The City share
is projected to total $1,326,753 through the 15th year of
the project.
3. The city and HUD will agree to forego the deferred in-
terest on the UDAG for years 1 through 5.
4. A first mortgage of $5 million can be obtained on a 30
year amortization at no more than a 10.75% interest rate.
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Mr. Walter Barry
August 15, 1988
Page 3
I will be happy to meet with you and your staff to review
any of these assumptions. In order to proceed I would like to
have an expression as to which of these would be acceptable to
the City.
Yours truly,
PROCACCI DEVELOPMENT CORPORATION
_\\;-;f \~ \~00xAt( ~ \~ .
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Philip Procacci, President
AUBURN TRACE
DEVELOPMENT COSTS
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LAND ACQUISITION
TOTAL LAND COST
BUILDING CONSTRUCTION
ONE BEDROOM UNITS. 700 S.f.
T~ BEDROOM UNITS. 860 S.f.
THREE BEDROOM UNITS. 1010 S.f.
TOTAL SQUARE fEET
X RATE/S.f.
CLUB HOUSE (2,000 S.f.@ $42.36/S.f.)
DAY CARE fACILITY
LAUNDRY (1,700 S.f.@ $34.2D/S.f.)
POOL & RECREATION OffiCE
RENTAL OffICE (500 S.f.. $42.15/S.f.)
GATE HOUSE (175 S.f.. $5D.00/S.f.)
MGR. APT. (1,010 S.f.. $37.28/s.f.)
TOTAL BUILDING COST
SITE COSTS
EARTH~ORK
STORM DRAINAGE
SANITARY SE~ER
~ATER
PAVING
SITE ELECTRICAL
PERIMETER ~ALL
LIFT STATION
TRASH ENCLOSURES
LANDSCAPING
SITE~ORK PERMITS
SITE~ORK SURVEYING/TESTING/INSPECTION
ROAD/TRAffIC IMPACT fEES
~ATER/SE~ER IMPACT fEES
CONTRACTOR'S PROfIT (5%)
TOTAL SITE COSTS
'ROfESSIONAL fEES
ARCHITECTURAL/INSPECTION
ENGINEERING/INSPECTION
fEASIBILITY & APPRAISAL
LEGAL (LENDER AND DEVELOPER)
368
UN ITS
$730,000
------------
$730,000
56,000 S.f.
199,520 S.f.
56,560 S.f.
-------------
312,080 S.f.
$37.28
--------._---
$11,634,342
166,290
205,274
83,n4
9,875
14,795
8,750
0
------------
$12,123,100
172,000
172,000
109,000
82,000
410,000
101,000
210,000
75,000
15,000
150,000
13,000
123,000
211,312
296,240
107,000
---.--------
$2,246,552
In,500
125,000
40,000
137,500
256
UNpS
$230,000
----------.-
$230,000
33,600 S.f.
137,600 S.f.
48,480 S. f.
--------------
219,680 S.f.
$37.28
--------------
$8,189,670
84,720.
0
58,140
0
21,075
8,750
37,652
------------
$8,400,007
172,000
172,000
98,100
73,800
369,000
90,900
210,000
75,000
12,000
135,000
11,000
48,000
144,000
208,000
91,000
------------
$1,909,800
159,750
110,000
40,000
100,000
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TITlE POLICY
MORTGAGE BROKER
ACCOUNTING & DOCUMENTATION
OFFICE OVERMEAD (CONSTRUCTION)
LEASING COMMISSIONS (6%)
TOTAL PROFESSIONAL FEES
22,500 15,000
93,000 50,000
80,000 80,000
110,000 100,000
108,000 75,000
~.__._._---- ------------
$893.500 $729,750
1,058,000 912,000
50,000 50,000
348,750 225,000
62,000 62,000
203,000 160,000
40,000 40,000
140,000 112,000
----------.- ----------.-
$1,901,750 $1,561,000
30,591 30,591
15,000 15,000
40,000 30,000
15,000 15,000
55,284 30,000
300,000 300,000
-----.-.--.- ------------
$455,875 $420,591
$18,350,777 $13,251,148
============= ------------
------------
$49,866 $51,762
INTERIM COSTS
CONSTRUCTION INTEREST
AO VALOREM TAXES
LENDER'S FEE (4.5% OF MORTGAGE)
MISC. CLOSING COSTS
OFFICE AND OPERATING COST THRU RENTUP
AOVERTISING
INSURANCE
TOTAL INTERIM COSTS
lTHER COSTS
MAINTENENCE EQUIPMENT
OFFICE FURNITURE & EQUIPMENT
LAUNDRY MACHINES
FURNITURE
RECREATION/PLAYGROUND EQUIPMENT
CONSTRUCTION CONTINGENCY
TOTAL QTHER COSTS
'OTAL PROJECT COSTS
'ER UN IT COST
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AUBURN TRACE
OPERATING EXPENSES
368 256
UN ITS UNITS
~--_..~.. ~...... ..
UTLITIES 100,000 85,000
REPAIRS & MAINT. 89,000 75,000
MANAGEMENT (5%) 94,000 66,000
SECUR ITY 111,000 111,000
OFFICE EXPENSE 8,000 8,000
INSURANCE 100,000 76,000
AD VALOREM TAXES 155,000 115,000
PAYROLL & RELATED TAXES 84,000 84, OOO~
LEGAL & ACCOUNTING 15,000 15,000
.-.... ..~
TOTAL OPERATING EXPENSES $756,000 $635,000
PER UNIT EXPENSE $2,054 $2,480
--------- ---------
--------- ---------
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C I T Y
COM MIS S ION
DOC U MEN TAT ION
TO:
WALTER O. BARRY, CITY MANAGER
D~~~IitE~
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT:
CONSIDERATION OF FINAL PLAT FOR PHASE I SABAL LAKES
AGENDA ITEM - CONSENT AGENDA
REGULAR MEETING OF AUGUST 23, 1988
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval
of the Final Plat for Phase I of Sabal Lakes Subdivision.
BACKGROUND:
The overall Master Plan for this housing development has been
previously approved by the City Commission. The first phase plat
is now ready for approval. Included with first phase development
are off-site street improvements at the intersection of Lake Ida
Road and Barwick Road.
The most recent Planning and Zoning Board staff report is
attached for further background and project data.
Planning and Zoning Board Recommendation: At its meeting of
August 15th, the planning and Zoning Board approved the
preliminary plat for Phase I and certified the submission as
adequate for a final plat.
RECOMMENDED ACTION:
By motion: Approval of the final plat for Phase I, Sabal Lakes,
and authorization for the Mayor to sign the mylar.
Attachments: Planning and zoning Staff Report of August 15th
REF/DJK#28/A:CCSABAL.TXT
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PLANNINu 8 ZONING 80ARU
CITY OF OELRAY BEACH
MEETING O=tTE: AUGUST 15. 1988
STAFF REPORT
AGENDA ITEM:
IV. F
ITEM: CONSIDERAUOIf OF THE PRELDWlARY/FlNAL PLAT FOR PRASE I OF SABAL LAlCEs SUBDIVISION (PULT
GENERAL DATA.:
OWner............;..............Pa1t. Baoe COrporation
Ag.nt.......................... .0..... C. SoMeI>orn
Berry and Calvln, Inc.
DeYeloper.......................Pu1te ao.e Corporation
tocat1on..........~.............On the &oat .1de of Barwick Road,
be_ I.aI<e Ide Road and
R1d~.>>4 Roa4.
Property 81.....................38.408 Acr..
Land Uge Daa1vaation..;.........PRD-L (Planned Re.1dentlal-Low
o.naityl
Zoning IledvaaU................. .PRIl-L (Low to Madl... Dena1ty
Planned 1le.1dential Dev.lopment)
D1.tr1ct
Mj......t ZoIUng................ .Ilut of aubject property 1a zooad
. a-lA and a-1M 1811191. F&I01ly
Ile.iclutiall and Cowlty All
(A9rlcultural Ileddenttal). South
1& _ a-lA. a-1M and Cowlty
All. \te.t 1. Zoned a-1M and
County All.
Ex1.t1ng Land u.................vacant land
Propo.acl Land u.................Sln9l. f&101ly I.ero-lot 11na)
development
Water and Sewer S.rvlce.........Requlre. water and 8ewer m.ln
exten.ion into the development
from mains which were extended to
the school site from Lake Ida
Road.
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SABAL LAKE PHASE 1 - FINAL PLAT
THE ITEM BEFORE THE BOARD
The item before the Board is that of certifYing the final plat
submittal for Phase I of the Sabal Lake Subdivision. This item
requires final action by the City Commission, after certification
by the Board.
BACKGROUND
This request follows on the approval of the master preliminary
plat for the entire 114.20 acres for the Sabal Lake Subdivision,
which was heard by the Planning and Zoning Board at its
Regular Meeting held on JUly 18, 1988. As you are aware,
approval of the preliminary plat was based on the development
theme proposed and contained in a master plan which was
recommended for approval by the Planning and Zoning Board on
April 18, 1988, and approved by the City Commission on April 26,
1988. For a complete background on the project/parcel history see
the staff report for Pulte Homes Village of Barwick dated April
18, 1988.
PROJECT DESCRIPTION
The final plat for Phase 1 of this development incorporates
38.408 acres located immediately ell8t of the Elementary School
located within the northeastern quadrant of the site. This tract
includes 117 indl vidual single family lots, 3 park tracts and a
water management tract.
This plat provides formal dedications and outlines maintenance
responsibilities for the public street - Banyan Creek Road; the
private internal streets; the water management tract; and
common/park areas.
During the master plan approval process, a determination was made
that site and development plan approval would not be required for
the Single family development phases. However, detailed site
,
plans were required for the park and special landscaped areas
along with typical landscaping details of the individual lots.
These detailed plans have been submitted.
PREVIOUS CONDITIONS OF APPROVAL OF THE MASTER PLAN:
Several conditions of approval were made a part of the master
plan. They are required to be addressed during the platting
process. These conditions included roadway improvements,
upgrading of utilities, dedicating easements for connection to
the existing lift station, providing landscape buffer easements,
and pedestrian easements. These items were either addressed with
the preliminary plat or attached as conditions of approval. The
status of those outstanding items which were not fully resolved
with the preliminary plat are discussed below.
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To: P] ling and Zoning Board
Re: Saba! Lake Phase I - Final Plat
Page 2
Street Improvements:
The final plat submittal included construction plans addressing
the following required roadway improvements:
A four lane urban section from Barwick Road to the west
school entrance and a three lane section to the east school
entrance.
Modifications (by restriping) to the existing turn lanes at
Barwick/ent-rance road to conform to the geometry of the
widened entrance road.
At Lake Ida and Barwick Road
a right turn lane on the east approach.
a left turn lane with left turn signal phaSing on the
north approach
a left turn lane with .a left turn signal phasing on the
south approach.
The off-site roadway improvements are programmed to be completed
with the completion of land development improvements of this
phase while the on-site street improvements are programmed to be
commenced no later than July 1, 1989 and completed prior to the
commencement of the 1989-1990 school term. This schedule
therefore dictates the bonding of required improvements pursuant
to Code Section 172.63(A)(6).
Utilities
A condition of approval of the master plan and preliminary plat
required that a ..determination regarding the developers cost
responsibility to provide a 12" water main from its present point
of termination to the eastern boundary of the Pu1te project.
A water distribution system hydraulic analysis submitted by the
applicant revealed that the 12" water main is needed. for this
project. The full cost of providing the 12" water main must
therefore be borne by the developer.
Landscape BUffer
With the approval of the master plan, landscaping was required
along the north and south sides of the entry road to be installed
at the. beginning of Phase I construction. The landscape buffer
along the north side of the entry road is located on the school
site. Agreements with the School Board to develop this landscape
buffer and approval of the landscaping material by the Community
Appearance Board are still outstanding.
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To: F~~ng and Zoning Board
Re: Sabal Lake Phase I - Final Plat
Page 3
PREVIOUS CONDITIONS OF APPROVAL OF THE PRELIMINARY PLAT:
In addition to the items highlighted above, there were other
conditions/issues which were made a part of the preliminary plat
approval which requires some discussion.
The provision of additional fire hydrants to meet the
maximum spacing requirement of 500 feet:
Revisions to the water distribution plans for Phase I
addressed this condition. However, this item remains
outstanding for the balance of the development. As
final plats are processed for the individual phases
this condition must be met.
Street names were required to be added to the plat:
Street names have been selected for Phase 1 and are
shown on the final plat. One area of conflict exists in
that the school has already been addressed as being
off N.W. 15th Court, the street name proposed by this
plat is Banyan Creek Road. Since N.W. 15th Court was
not recorded as a part of a subdivision plat, the
street name Change will be accomplished upon
recordation of this plat.
The l1m1 ts' of the roadway system (the end of the public
roadwaY/beginning of the private roadway) were required to
be noted on the plat:
This item has been addressed by having the public and
private streets each called out as "tracts" within
Phase I. This condition remains in effect for the
entire development and will be required to be met as
final plats are processed for the individual phases.
That L.W.D.D. permits be obtained to allow the outfall into
the L-30 Canal:
In addition to Obtaining permits from L.W.D.D., the
applicant was also required to obtain permits from
S.F.W.M.D., The County Health Department (for water and
sewer) and Palm Beach County (for roadway improvements)
Applications for permits from L.W.D.D. and S.F.W.M.D.
were submitted to those agencies in a timely manner and
assurances have been given that the petition is in an
approvable form. Approval by the City Utility
Department has been given for the water and sewer
permits and the application has been forwarded to the
County Health Department for review. To date an
application for roadway permit has not been submitted
to Palm Beach County.
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To: Planning and Zftfting Board
Re: Sabal Lake Pbase I - Final Plat
Page 4
OTHER CONSIDERATIONS::
The applicant has su1:lmitted a request for relief from Code
Section 172.63 (A) (10) to allow the construction of model units
prior to the recordation of the plat. Code Section 172.63(A)(10)
states " no permit shall be issued until the final plat has been
recorded with the Clerk of the County Circuit Court" This
request is appropriate in that water and sewer improvement
facilities are in place for the model unit lots and any items
which may hOld-up recordation of the plat are technical rather
than substantiative. A waiver from the City COIIIlIission will be
required to grant relief from this Code Section.
Communi tv Appearance Board:
The Community Appearance Board reviewed the detailed site plans
for the park and special landscaped areas on July 27, 1988.
Approval was granted with the following conditions:
that a drop-off area or a parking space be provided at the
pool park area.
that the air conditioning units for the individual lots be
screened.
that landscaping be provided at the rear and sides of the
individual lots.
Enqineerinq Plans:
Revisions to the off-site road improvement plans sheet 4,5, and 7
indicating a five foot sidewalk on the south side of the entry
road must be accomplished prior to the execution of the plat.
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Technical Code Reauirements
1. The fOllowing technical platting language needs to be
provided/corrected prior to execution of the final plat.
That the last paragraph of the Dedication be Change
from "City of Delray Beach, Broward County" to "City of
Delray Beach, Palm Beach County".
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'.L'U : ' l:' .l.ann~nq anu lIOJUng Board
Re: Sabal Lake Phase I - Final Plat
Page 5
Within the dedication, insert in the 3rd paragraph
after "the drainage easement," the following language
"and accaapanying drainage system".
The following language must be added to the dedication
for the utilities in the private streets - A perpetual
nonexclusive easement over. upOn. and under the ful!
~qht-of-way of all private streets is dedicated to the
Cit of De ra and other a ro rate _overnmental
authorities and public utilities. for inqress and
egress over u n and under said rivate streets and
roads for all overnmental ur ses and services and
or t e nsta at on and ma ntenance 0 water. sewer
and other utility Systems deemed necessary to serve t~
residents of Sabal Lake Phase I.
Revis.e sheet '2 to
i specify the centerline dimension i.e. 40 feet for
Banyan Creek Road in front of the school site.
ii indicate the acreage of the public "road", private
"roads"
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iii indicate that the 20 foot easement between lots 34
and 35 Block 1 is a utility as well as an access
easement, and callout this easement area as a
separate parcel. Within the dedication, reference
that maintenance of landscaping will be the
responSibility of the Homeowners ASSOCiation, and
that right of access is granted to the City of
Delray for emergency and water distribution
purposes.
ASSESSMENT:.
The e.sential aspects of this project, namely the design of the
necessary off-site roadway improvements, the proposed prOViSions
for adequate utility services, the dedications of appropriate
rights-of ways are acceptable. Although there are minor
engineering details to be finalized it appears appropriate to
proceed with action this submittal.
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To: Planning and Zaming Board
Re: Sabal Lake Phase]j - Final Plat
Page 6
ALTERNATIVE ACTIONS
1. Certify the submission as acceptable as a final plat subject
to conditions and recommend that a waiver be granted to
allow the construction of the model units prior to the
recordation of the plat.
2. Continue with direction and concurrence of the applicant.
RECOMMENDATION:
By motion, certify the plat as acceptable as a final plat subject
to the fOllowing conditions:
1. Recommend to the City Commission that a waiver be granted to
allow the construction of the model units prior to the
recordation of the plat.
2. That the full cost of extending the 12" water main from its
present point of termination to the eastern property line
near Lone Pine Road be borne by the developer and that this
be reflected in the financial guarantee provided for this
improvement.
3. That prior to the execution of the plat, permits from
L.W.D.D., S.F.W.M.D, the County Health Department and Palm
Beach and revised plans must be submitted to address the
items identified under the technical code requirements and
engineering plan sections of this report.
4. That prior to consideration by the City Commission
improvement agreements and financial guarantees for public
improvements must be accepted by the City Engineer.
REF/FPSABAL.TXT.
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE I" I, SIR I 1 1 SI 11L4
III j !e\ ') U1.\( 'If. II (JRII>\ .;.~..j.,\U
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l1EMORANDUM
Date:
August 12, 1988
Attorney 1/f'--"
To:
Walter O. Barry, City Manager
From:
Jeffrey S. Kurtz, Assistant City
Subject: Acquisition of Lot 2, NICHOLS SECOND ADDITION
The office of James W. Vance, P.A., in conjunction with our
office, has negotiated the purchase of Lot 2, NICHOLS SECOND
ADDITION from First Nationwide Bank which foreclosed on the
property. This is the last of the lots located near the Water
Treatment Plant which the City Commission had previously
authorized us to acquire. This should be placed on an upcoming
City Commission agenda for their approval of First Nationwide's
offer to sell the property for the purchase price of $45,000.00
which is within 5 percent of the appraised value of the
property.
There is one little twist involved in this transaction and that
is that First Nationwide is requiring a deposit to be made in
conjunction with the acceptance of the offer. The deposit
should be in the amount of $4,500.00 and it will therefore be
necessary for a check to be cut in the amount of $4,500.00
payable to Rubin and Schneider Trust Account prior to the
Commission's action on the matter on August 23, 1988. It is my
intention to have you execute the agreement pending the Commis-
sion's authorization on August 23 and delivery of the contract
and check to the offices of James W. Vance on the morning of
August 24.
Should you have any questions concerning this matter, .please do
not hesitate to contact me.
JSK: sh
cc: Robert Pontek, Director of Public Utilities
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LA W OFFICES
JAMES W. VANCE
WILLIAM p, DONEY
JAMES W. VANCE, P.A.
SUITE 200. BARRISTERS BUILDING
1615 FORUM PLACE
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TELEPHONE
f30!5] Sa4-5!544
August 3, 1988
JEFFREY S. KURTZ, Esquire
Assistant City Attorney
310 S.E. 1st Street, Suite 4
Delray 8each, FL. 33483
Re: First Nationwide 8ank Sale to City of
Delray 8each
Lot 2, NICHOLS SECOND ADDITION
Dear Hr. Kurtz:
Enclosed herewith please find the original with
several copies Gf a proposed Contract for Sale and Purchase
concerning the above-referenced matter. In pertinent part,
the Contract provides as follows:
1. The purchase price is forty-five thousand
dollars ($45,000.00).
2. The City will be required to make an escrow
deposit of four thousand, five hundred dollars ($4,500.00).
3. Closing is scheduled for September 15, 1988.
4. Taxes shall be prorated to the date of closing
and the Seller shall provide an owners' title insurance
policy. Further, Seller shall pay for the cost of the
documentary stamps on the deed.
The appraised value of the subject property,
appraisal prepared by Associated Appraisers
thousand, five hundred dollars ($43,500.00).
pursuant to an
is forty-three
Please place this matter before the City Council
for their consideration and, if approved, have the Contract
executed by the appropriate City representatives. Then,
please return the original and all copies of the Contract to
me, along with a check in the sum of four thousand, five
hundred dollars ($4,500.00) payable to "REUBEN H. SCHNEIDER,
TRUST ACCOUNT," as the escrow deposit. I will then forward
the check along with the original Contract to First
Nationwide Bank for their approval.
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August 3, 1988
------------------------------------------------------------
Please contact me if you have any questions or
comments concerning this matter.
S Ue(j,o ,
WILLIAM P. DONEY,
WPD/sjw
enc.
cc: Robert Pontek
JAMES W. VANCE. P.A.
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CHANGB ORDER
SOOTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
Date:
August 2, 1988
Change Order No.:
2.
NAIlE or PROJECT:
HEAD WORKS ODOR CONTROL SYSTEM
(4730 )
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CONTRACTOR:
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
Q & Q, INC" P. O. Box 1647, Eaton park, FL 33840
THE POLLOWING CHANGES are hereby made to the CONTRACT DOCUMENTS:
Construction changes as described in Q & Q, Inc.
letter dated August 1, 198B (Attachment A).
CHANGE TO CONTRACT PRICE:
Original CONTRACT PRICE:
$ 617,600.00
CUrrent CONTRACT PRICE adjusted
by previous CHANGE ORDER: (U)
$ 615,567.00
The CONTRACT PRICE due to THIS CHANGE ORDER
will be INCREASED by: (See Attachment A)
$ 12,929.00
The NEW CONTRACT PRICE including
this CHANGE ORDER will be:
$ 628,496.00
CHANGE TO CONTRACT TIME:
The CONTRACT TIME will be INCREASED by
current CONTRACT TIME IN DAYS including
The date of COMPLETION OF ALL WORK will
-0-
this
be:
calendar days.
Change Order: 312
January 29, 1989
THE ABOVE CHANGES ARE APPROVED:
HAZEN AND SAWYER, P.C.
. DATE
g - 10 - 8 e
By:
a~ I A~
August 15, 1988
SOOTH C!NTRAL REGIONAL WASTEWATER
:~"::JJ ~.
DAVID CIPRIANI, Actlng Executlve Director
DATE
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CHANGE ORDER NO.
2
PAGE TWO
THE FOREGOING CHANGES ARE ACCEPTED:
o , 0, INC.
DATE
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This CHANGE ORDER NO. -1-
APPROVED on , 19..JL
by the CITY OF BOYllTON BEACH, FLORIDA
at regularlspecial meeting.
By:
By:
MAYOR
CITY CLERK
Approved as to
form and correctness:
By:
CITY ATTORNEY
This CHANGE ORDER NO. -1-
APPROVED on ' 19..JL
by the CITY OF DELRAY BEACH, FLORIDA
at regular/special meeting.
By: By:
CITY CLERK MAYOR
Approved as to
form and correctness:
By:
CITY ATTORNEY
JUP:0040f
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INC.
PLUMBING
CFC027S44
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MECHANICAL
CMCOI8901
GENERAL
CGC036268
(813) 665-6197
STATE CERTIFIED CONTRACTOR
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PO BOX 1647
WARREN J. KONTNY. PRESIDENT
EATON PARK, FL 33840
ATTACHMENT A
August 1. 1988
Mr, Allen Baker. P.E.
Hazen and Sawyer, P.C.
1001 U.S. Highway 1
Jupiter. FL 33477
Re: South Central Regional WasteWater
Treatment and Disposal Board
Headworks Odor Control System
Delray Beach, FL - Project 4730
Change Order
Dear Mr. Baker:
We are pleased to quote a Lump Sum Total of $12.929.00 for installa-
tion of a Centrifuge Sludge Pit Cover with a Tigg Nixtox Adsorber,
1 - Sludge Pit Cover
1 - Nixtox Adsorber
1 - Lot Installation Labor
Subtotal
Plus 15% OH&P
1 - Lot Material Tax
$ 5.625.00
2.855.00
2,320.00
$10.800,00
1.620.00
509.00
Total
$12.929.00
The quotation on this installation is based on shut downs and
cleaning of the tank by the owner. it appears three will be required. We
understnad all electrical connection to the adsorber will be by the owner,
Please advise how you wish to proceed.
Very truly yours,
Q & Q. INC.
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4310 SANDYWAY LANE. LAKELAND, FLORIDA 33801
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MEMORANDUM
TO:
Mr. Walter O. Barry
City Manager
FROM:
Robert S. Pontek
Director of Public Utilities
DATE:
August 17, 1988
SUBJECT:
CHANGE ORDER #2 - SCRWTD BOARD
The SCRWTD Board, at their August 11th meeting approved Change
Order #2 for Q&Q, Inc. in the amount of $12,929.00 and a $2400.00
increase to Hazen & Sawyer for design services. The C.O. will
allow design and installation of a cover and filtration system to
reduce odors generated at the sludge centrifuge pit.
The Board's recent action requires City Commission ratification
at this time. Kindly place this item before the City Commission
for action.
Thank Tic i
-;... -;/; - ~ ..' //
,2-10 "(, (. ,,,,1("<.. -(_
"Roert s/ Pontek /
RSP:bp
Att: CO#2 Supplement
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AMENDMENT
TO
CONTRACT FOR ENGINEERING SERVICES
REQUIRED FOR
SCREENING BUILDING ODOR ABATEMENT PROJECT
Between
THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
and
HAZEN AND SAWYER, P.C.
ENGINEERS
AUGUST 1988
if/, - ~
AMENDMENT TO
CONTRACT FOR ENGINEERING SERVICES
PROJECT NO. 4730
SCREENING BUILDING ODOR ABATEMENT PROJECT
This Amendment to the Agreement entered into and effective
this day of , 1988 by and between the SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD,
hereinafter referred to as "BOARD," and HAZEN AND SAWYER, a
professional corporation doing business as HAZEN AND SAWYER,
P.C., hereinafter referred to as "ENGINEER".
WITNESSETH:
For and in consideration of the mutual covenents hereinafter
con ta i ned, BOARD hereby reta i ns ENGINEER an d ENGINEER'S
covenant to perform for BOARD, professional services in
cDnnection with the Screening Building OdDr Abatement Project
and in accordance with the terms and provisions hereinafter
contained.
A. SERVICES TO BE RENDERED
Sewage sludge dewatered by a centrifuge is stored in a
concrete pit located inside the chemical building,
Odors generated by the centrifuge sludge are
noticeable. The odors from the centrifuge sludge
released to the atmosphere can be reduced by cDvering
the centrifuge sludge pit and routing all air
discharged from the centrifuge sludge pit through a
canister type filter. The sCDpe of engineering
services for design and cDnstruction of the cover and
filter are as follows:
Task 8A
Cover Centrifuge Sludge Pit
The ENGINEER shall design a removable aluminum
checkered plate cover with hinged access lids. A
canister type filter with an exhaust fan shall be
selected by the ENGINEER. Design sketches showing
the cover details and the fi lter and fan selection
shall be prepared by the ENGINEER. This information
shall be prepared in sufficient detail and provided to
the Contractor so that the Contractor can prepare a
quotation to furnish and install the cover, filter and
fan.
4730
JUP:0321C-8/11/88
1 of 3
SCRWTDB:
ODOR ABATEMENT
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The ENGINEER shall prDvide members of his staff at
the cDnstruction job site tD inspect the wDrk dDne by
the Contractor to insure that it conforms to the
sketches provided by the ENGINEER and that the
equipment installed conforms with the selection
provided by the ENGINEER.
B. COMPENSATION
The BOARD shall reimburse the ENGINEER for the
services rendered for a not-to-exceed total as listed
below:
Task 8A - COVER CENTRIFUGE SLUDGE PIT
$2,400.00
The compensation shall be based
overhead, fringe and profit factors
the original Agreement.
upon the same
as stipulated in
4730
JUP:032lC-8/11/88
2 of 3
SCRWTDB:
ODOR ABATEMENT
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IN WITNESS WHEREOF, the parties hereto have made and executed
this Amendment to Contract as of the date first above written:
WITNESSES:
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
'--- By:
. kyr ~
.^.eti~EJUh'J'e \BfiUf:6'~
By:
,//
ATTEST:
Approved as to form:
~~/'!4._-c'~ ~
HAZEN AND/SAWYER, P.C.,
a corporart. ib~~--4/~)
'if. - "
By:, '- l'" LI..
Peter E. Ro Inson, P.E.
Vice President
WITNESSES:
IJ r /viLLA- ;J. & r1~
() /
ATTEST:~ A E~,
4730
JUP:0321C-8/11/88
3 of 3
SCRWTDB:
ODOR ABATEMENT
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!k8-16-&F
[ITY DF DELIAY BEA[H
100 NW_ 1st AVENUE
DELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/~
Management Services
DATE: August 16, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 23, 1988 - BID AWARDS - HOUSING
REHABILITATION PROGRAM
Item Before Commission,
City Commission is requested to approve three (3) Housing
Rehabilitation Grant Awards. The grant amounts are based on
the actual cost of the rehabilitation, as determined by the
low bidder, plus a 5% contingency, which is reflected in the
bid award totals. The contingency may be used for change
orders and all unused funds will remain with the Housing
Rehabilitation Grant Program.
Property'
Contractor
Amount
356 S.W. lOth Ave.
l33 S.W. lIth Ave.
314 N.W. 12th Ave.
Henry Haywood
Darryl Cook
Henry Haywood
$ 9,602.00
15,631.00
13,886.00
Funding
60.23,
Capital
for this work is available in account iI18-1963-554-
Community Development Housing Rehabilitation
Outlay.
Back9round,
Grant recipients have met all eligibility requirements as
specified in the approved Policies and Procedures. The
rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing
systems and correcting other incipient code violations.
Detailed work write-ups and individual case files are
avai'lable for review at the Community Development Division
Office. Award to low bidder on each structure~ five (5)
contractors bid on two (2) structures and four (4)
THE EFFORT ALWAYS MATTERS
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Documentation - City Commission Meeting -
August 23, 1988
Bids on Housing Rehabilitation
Page 2
contractors bid on 314 N.W. 12th Avenue. Bid summary sheets
are attached.
RecommE!ndation:
Staff recommends award to contractors named above with
funding for each property to come from the Community Devel-
opment Housing Rehabilitation-Capital Outlay.
RAB:sk
attachment
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
BID II:
APPLICANT: MARY MELVIN
APPLICATION II: 87-020HR
ADDRESS OF PROPERTY: 356 SOUTHWEST 10TH AVENUE
DATE BIDS LETTERS: JULY 20, 1988
DATE BIDS OPENED: AUGUST 4, 1988
NAME OF CONTRACTORS
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLERIJAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
HOWARD RIENECKER
ROWE & CAMPBELL
FEC
DARRY L. COOK
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE: $12,675,00
CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD
CONTRACT AMOUNT: $9,145,00
COMMENTS:
*** LOW BIDDER
.
AMOUNT OF BID
14,130,00
12,715,00
9,145.00 ***
1U,34/.00
14.713.00
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
BID II:
'.
APPLICANT: LUNETTE MITCHELL
APPLICATION II: 87-037HR
ADDRESS OF PROPERTY: 314 NORTHWEST 12TH AVENUE
DATE BIDS LETTERS: JULY 20, 1988
DATE BIDS OPENED: AUGUST 4,1988
NAME OF CONTRACTORS
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
HOWARD RIENECKER
ROWE & CAMPBELL
FEC
DARRY L. COOK
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE:
15.900,00
CONTRACTOR AWARDED CONTRACT: HENR.Y HAYWOOD
CONTRACT AMOUNT: $13,225.00
COMMENTS:
**** .LOW BIDDER
AMOUNT OF BID
17,830.00
16,450.00
13,225.00****
14.670.00
14.070.50
l
,
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION ACTIVITY
BID INFORMATION SHEET
BID II:
"
APPLICANT: MR. & MRS. ROUNDTREE
APPLICATION II: 87-037HR
ADDRESS OF PROPERTY: 133 SOUTHWEST 11TH AVENUE
DATE BIDS LETTERS: JULY 20. 1988
DATE BIDS OPENED: AUGUST 4. 1988
NAME OF CONTRACTORS
FIRST CONSTRUCTION OF THE PALM BEACH, INC.
FRANK FIDLER/JAMES BROWN
GEMINI CONSTRUCTION ENTERPRISES, INC.
E. GRIMM, INC.
HENRY L. HAYWOOD
NORENE CONSTRUCTION COMPANY,INC.
HOWARD RIENECKER
ROWE & CAMPBELL
FEC
DARRY L. COOK
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE: 15.300.00
CONTRACTOR AWARDED CONTRACT: DARRYL COOK
CONTRACT AMOUNT: 14,886.50
COMMENTS:
*** LOW BIDDER
AMOUNT OF BID
18.300.00
15,575.00
21,835.00
14,886.50***
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Ut"3-f1_~
[ITY DF DELIAY BEA[H
100 N.W. 1st AVENUE
DE LAA Y BEACH, F LOR IDA 33444
3051243.7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/ ~
Management Services
DATE: August IS, 1988
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
AUGUST 23, 1988 - BIDS - TRAFFIC INTERSECTION
IMPROVEMENTS - DIXIE BOULEVARD AT N. SWINTON AVE.
Item Before Commission,
City Commission is requested to award a contract to Charles
W. Whiteside, Inc., in the amount of $16,80S7 funding
available from Engineering Operations BUdget iOOl-29ll-S19-
60.63 (Streets and Sidewalks).
Backc;round,
The project involves the dead ending of Dixie Boulevard just
east of North Swinton Avenue. This is to be accomplished by
removing existing asphalt and constructing a cul-de-sac to
facilitate vehicle turn arounds. Residents in the area
requested the project due to large volumes of traffic using
Dixie Boulevard as a short-cut between Swinton Avenue and
U.S. il. The City recently purchased Lot 13, Del Ida Park,
which was required in order to construct the cul-de-sac.
Invitations to bid were mailed to ten (lO) area contractors
on July 6, 1988. Four (4) contractors submitted bids for
the July 29th bid opening. Engineering's estimate for the
project is $IS,lOS. The low bid submitted by Charles w.
Whiteside, Inc., at $16,80S, is ll% over Engineering's
estimate.
Recommendation,
Staff recommends award of bid to Charles W. Whiteside in the
amount of $16,805, with funds to be appropriated from
Engineering Operations Budget.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
To: Robert A. Barcinski- Asst. City Manager/Management
Services
From: Ted Glas- Purchasing Director
Date: August 8, 1988
Subject: Bids on Traffic Intersection Improvements-Dixie
Blvd, at N. Swinton Avenue, Bid #88-90
Invitations to Bid were mailed to ten (10) area contractors
on July 6, 1988. A legal advertisement was placed in the
Palm Beach Post on July 11, 1988.
Four (4) contractors submitted bids for the July 29, 1988
bid opening, A Tabulation of Bids is attached for your
review.
Engineering's estimate for the project is $15,105. The low
bid submitted by Charles W. Whiteside, Inc. at $16,805. is
11% over Engineering's estimate.
Following staff analysis and review, it is recommended that
the contract be awarded to the low bidder, Charles W.
Whiteside, Inc. at a cost of $16,805.
Per the Budget Office, funding for this project is available
from Engineering Operations Budget #001-2911-519-60.63
(Streets & Sidewalks),
~d ~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memorandum from Engineering
pc: Yvonne Kincaide
Gerry Church
Gates Castle
~
TO
FROM
SUBJECT
I
.DEP ARTMENT AL
CORRESPONDENCE
[ITY DF
DELRRY HEAEM
~(i
Ted Glas, Purchasing Director
)JIJC-
. Gates D. .Castle, P.E., Assistant City En&in~er
Traffic Intersection Improvement -
Dixie Boulevard at North Swinton Avenue
City o!.Delray Beach
8/4/88
DATE
Engineering has reviewed the bids submitted for the subject project and recommends
award of the contract to Charles S. Whiteside, Inc. based on their low bid of
$16,805.
GDC:slg
. Attachment
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'DEPARTMENTAL
CORRESPONDENCE
[ITII DF
DELAAY BEA[H
~(i
TO
Walter O. Barry, City Manager
.'0" '""' ,",In. """0' 0' 0_=." ,.,m......'/o?
SUBJECT Contract Award for Moving City Owned House (Susie Russell)
8/11/88
DATE
This is to request Commission approval to authorize the move of a
City-owned house located at 225 SW 7th Street and to award the
contract for the move to LaPlANT-ADAIR CO., 1200 West Industrial
Avenue, Boynton Beach, Florida.
Background:
On July 9, 1988 a car ran into Mrs. Susie Russell's home at 348
SW 4th Avenue. Because of the age of the structure and the
nature of damage, the house was declared unsafe and ordered
demolished.
With funds available through the City's Community Development
Block Grant, Mrs. Russell is eligible for assistance in obtaining
a new home. To that end, the City has offered to replace Mrs.
Russell's home with one which was acquired through the expansion
of the Water Treatment Plant.
Because of the age of Mrs. Russell, (106 years old), her situa-
tion has been determined an emergency with extra efforts being
exerted to expedite this matter. Competitive bids were sought
via telephone and followed up with written submissions.
LaPlant-Adair was low bidder at $12,000 followed by Russell
Building Movers, Inc. at $13,500.
We therefore request that the Contract be awarded to LaPlant-
Adair.
~-F
CM 362
THE EFFORT ALWAYS MATTERS
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lAPlANT-ADAIR CO..
Conl,aclorJ allJ movin, c,.,ill..,.J
1200 WEST INDUSTRIAL AVENUE
BOYNTON aEACH, FLORIDA_ 33426
llIIHCllIl!lCXl8l__
Phone: (407) 737-8188
Community Development Division
City of Delray Beach
100 N W First Avenue
Delray Beach. Florida 33444
Attn: Mr. Bill Ayers
July 25, 1988
LaPLANT-ADAIR CO. hereby agrees to furnish all labor, equipment and
materials to complete the following work as set forth below:
Move a frame buildinR from 225 S W 7th Street. Delray Beach, to a new site
at the northwest corner of S W 4th Avenue and S W 4th Street.
Provide the following type of foundation at the new site: According to Code
and specifications.
This work shall be done for the total consideration of $12,000.00, plus the
cost of the police escort while moving, and permits for moving. OWNER shall
bear all costs of removing (should it be necessary) overhead obstructions,
which includes traffic signals, cable television, telephone lines, power
lines, street lights, and trees. Also. the cost of removing any other
obstruction that would hinder the movement and placement of the building.
and these monies are required in advance upon estimates from the utilities
and related services.
LaPLANT-ADAIR CO. will cut the enclosed garage and rear section free and
these will not be moved with the house. All removed sections and debris to
be hauled and removed by others.
OWNER to have the land cleared of all debris that would hinder placing of
building. OWNER to provide two points and a line for placement of building.
All disconnection of plumbing. electric. and air conditioning to be done by
others before our work begins.
The moving of said bUilding shall be accomplished in a workmanlike manner,
provided. however. that LaPLANT-ADAIR CO. assumes no responsibility for.
nor shall it be liable for cracks, only for structural damage. Nor shall
LaPLANT-ADAIR CO. be liable for any sidewalk breakage at old or new site.
LaPLANT-ADAIR CO. is not responsible for cleaning up or leveling old site.
No painting or decorating is included.
BUILDING MOVING. RAISING. SHORING. UNDERPINNING. FACTORY RECONDITIONING. BRIDGES RAISED AND MOVED
WATER TOWERS MOVED. ROOFS RAISED AND LOWERED. SUBMARINES MOVED
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Mr. Bill Ayers
Community Develop.ent Division
-2-
7/25/88
LaPLANT-ADAIR CO. makes no representation or warranty regarding whether or
not zoning requirements of the appropriate county or municipal government
permits the removal of said building to the proposed new location, and same
is OWNER'S sole responsibility_ You, 88 OWNER, agree to secure all
signatures required for waivers of objections and to obtain the necessary
consent of the appropriate municipality to permit the removal of said
building to its proposed new location. LaPLANT-ADAIR CO. shall place the
building at the new location in a good and workmanlike manner. but shall
not be responSible for, nor shall it connect plumbing, electricity, or other
connections. Building will be located on new lot in accordance with written
instructions given to LaPLANT-ADAIR CO. prior to moving, such location to
be at your risk~ in compliance with zoning requirements, set backs, et
cetera. LaPLANT-ADAIR CO. is not to be held responsible for any vandalism
or thievery occur1ng while this work is being done.
This agreement revokes and supercedes all previous agreements between these
parties either oral or written, and this agreement can be amended or
modified only by written change order signed by the parties hereto. Thi.
agreement is not binding until all necessary permit. have been i.sued.
Payments to be
is deliver to
as follows: Downpayment One-third; One-third on day build11ng
new site; One-third when foundatioon is completed.
ACCEPTANCE:
LaPLANT-ADAIR CO.
OWNER/AGENT hereby authorizes
LaPLANT-ADAIR CO. to accomplish and
complete the above work as described,
and agress to the conditions herein set
forth and to the payment schedule.
BY
Witnessed:
Date:
By__________________________________
Owner/Agent
Witnessed:
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MEMORANDUM
TO:
WALTE~ BA~RY 4.~ MA~AGER
FRANK ~g - CONSULTANT
PRIME INC.
FROM:
SUBJECT:
AMENDMENT TO CONTRACT BETWEEN CITY OF DELRAY BEACH AND
PRIME,- INC ---
DATE:
AUGUST 18, 1988
On behalf of PRIME, Inc. (Project and Interim Management Executive
(USA) Inc.), I am requesting that the current contract between the
City of Delray Beach and PRIME, Inc. be amended. This contract was
approved by the City Commission on June 14, 1988 and expires October
9, 1988.
1. Although my personal contract with PRIME, Inc. reads that I will
"perform not less than 40 days of work" to the City, through an
oversight, the master contract with the City reads that the total
number of days worked "will be 40 days." This needs to be
amended to "not less than 40 days." This will permit additional
days over and above 40 days on an as-needed basis.
2. Because of the expanded scope of this job, the important and
critical nature of the projects I am working on, the time and
demands and my deep involvement in the day to day operations of
the City as the Interim Director of the Development Services
Group, I have already used up my 40 days since starting June 9,
1988. Therefore, the top set limit on this contract of $20,000
will be expended by the end of this month (August) when
approximately 50 days will have been worked. I am, therefore,
requesting that this contract be increased by $9,000 to a top set
limit of $29,000 to fund this project to October 9, 1988.
Recommendation:
1. Amend paragraph 5 of the contract with PRIME, Inc. to read "not
less than 40 days."
2. Amend contract to authorize expenditures up to $29,000.
FRS:DQ
A:Contract.CM
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