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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 -2- 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. -3- 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 -4- 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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. - 6 - 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. .... - ; z i , :j 1 i ! ~ "4 :~: i 1 , i M E M 0 RAN DUM 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 . $ f: X f t r i . ! J f. ~ i ~ ;~ ~ I' i 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. i I 1 7 ! ~ I I, 1 I f f I i. , W :J Z ill ~ Z o f- Z ...... $: j(J) + ~ l",',.J ~ :J , ...-." . -dJ ~ 7- <. 0 " 00 ',' C "l '" '" , .cJ-:J .0 9' 1-.( '-+ H'-rrTlfl-r'TTl, PROPOSED PARKING (23 SPACES) ! I 24' I 3 @ l0'each 2 HP'@ 12' each J- '1---. .. --- ~n __ n..-,\, -l_lliJ__uLl H 1-- 5' SIDEWA C6 5' RAMP "/' ' , " 0 / , ,^- a :;. , ," ~G , , .' //'7;. ~, ::: EXISTING STRUCTURE ~ ~ .. ,,/' .; 6' :;: , , ;.- " ," Cn ,,' ::: : CL ~~,. """ ::CGi OCr--. 3:i ----..-.- V ,/ /, . rs' \. , 31.0 '" "' ~ '" ,0 ~ '" ,0 ~ K "l "' ~ N.E. 1 ST STREET +- i ",.. , 1 .1 ! , ( ~ ! f { . .! ; , , I , ~ l 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. I , ~ ~ ( :~ " i j . i ! i 7 , ~ ~ , 1 t. T) 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 / i i ~. , o f ~ ~ I . . . . ~ ~ f I ~ f 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 , j i l .~ i J , VfVr~ -- .~.' [ITY DF DElRAY BEA[H ~<'t. , ,.i~',~~t~. ......\-;;;.;:;;.. 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 ~(i .n~; ~CEIVE~ o~: '-/..-;: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 f ~ i f f I i ~ j. ! , . , i I i 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 ,'r. f".; .(. ~ \,' ~,'), ,;...... -"._, .I.' _ "" r, - t.' 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 $350.00 to help offset costs associated with the change. Best of luck In your efforts to accomplish this change with Delray Beach officials. We look forward to hearing from you that you have been successful, and receipt of your check. Slncer~y, p~ William V. Hukill, P.E., Architect Assistant Superintendent Growth Management Center WVH:jr cc: J. Kenneth Schrimsher Dr. Joseph Orr -Walter Berry Barbara Brown Howard Johnson wpd2\e..re i. , , , ~ ; j , , I , , ~ 'f ; ( J , ~ ~ ! ~ i t C I'I/' / c. Q A LI N e OF C/2e-(f) I'r ..fV n I/; AdLI14K N~,AOL A<T2A~I( <:: PLA 2-A c.12-A-.-pl) ~(2.i201A1 '# 5/ ~DO/ bOO If'-JCL.JOINLT )NllFPLt.."'ST --R:J.n.. TJ.--vD )I~-A ,2.5;. . 'BuT \r-J N 1::7:---0 f' j t57'r- oz. >' -$ 5' 00,000 "3 :f- 4-. -F(2 OM C,1'1 c "'1 l.-OjA,..,J .w C f2-- A CI'Ttr /Aj,A>oJ/S '\2-CPI3- '1 tI-1 & ,J r c:: fl A vvA r-J TJ I t1 ~.q I , , , o o /.lt10 I VI . , , I t o ~ C) I lti?1r 11- -z.. 0 0 I ,.:; cD 0::> o , J q.tt ~ I tOO, ODD 1l'.Jf"(?1t..~""- 0"'>'-'1 6"/", l~/ooo o -4 I P1Pi3 o P fl-t,..c. ..j-, ,.,.,- EnL-i"'T "11 C;OI ":;0'0 + z4ooco f NI CIL""''' D/.,J,~ '1 .... 2-f- ,=0= i " I '1A~ D If P1ZI,..s< -+ (....,~M1' 6o,oQ~ + a~"' :2..'1 <'J<. 0 r / 1"1 /1 ~ , o L' il J2. -Iz . I /1 Pi. '? , o If I( , l/1q~ o V1 'I Wastl: Management of Palm Beach 205 Pike Road West Palm Beach, Florida 33411 305/793.0126 ~ ~ A Waste Management C(JrnpdflY ;j 'C" tJ 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" ~ ~ ^ \/1,',!',11' M,lJ'dl~' 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 ,; ".\' '" ~.1 .' I,,"" @ ,"0"" M.",".",~"O"'",,", 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 ~ "U:C U) (I) m m ;Po> ;JIo -4 > < -4 :01:: 0 ;:0 n m ;:tC...... 0 :z;;ltI -1 ~;:J:; U) G) ~o5~ -< ~ ~ ,.'" 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'" 0 '" ... ... ~ '" '" ... m % '" Z ... % " '" '" ... ... -< u; .. ,. !' 0 -< ... m '" '" -< ,. ... m 0> ~ !:l '" % O>N '" '" ... -< -< '" <=> <=> <=> <=> <=> <=> ."'" "" "" ~ .'" '" U; <=> N <=> ~ '" '" <=> N "" "0 N -.. "" '" 0> ;;j <=> Vi ~ <=> '" 0> "" '" <=> <=> 0> "" "" <=> . W ~ <=> '" <=> <=> <=> <=> -.. '" <=> "" -.. <=> <=> <=> '" -.. <=> <=> <=> '" "" '" -.. <=> '" <=> <=> <=> "" .. '" N 0 " <= '" 3: '" '0 m '" ,. <= m ~ '" Z -< '" '" ... 0 '" ,. ,. ~ ... '" -< 0 '" ... Z '" ,. '" '" '" m ,. m "- <= ,. Z '" <: '0 " m '" N '" % ... N '" 0 m z ~ ~ ... '" 0> 0 ,. 0> '" '0 '" ,. ,. '" ... '" m z ... -< m ,. '" '0 ,.. '" " -< m ,. '" N -< m ,. '" "" -< m ,. '" ~ -< m ,. '" '" -< m ,. '" '" -< m ,. '" "'" -< m ,. '" '" -< m ,. '" '" -< m ,. '" :5 -< m ,. '" :: -< m ,. '" ;;; -< m ,. '" ;:;: -< m ,. '" 0: -< m ,. '" U; ... 0 ... ,. ~ ..-:-, FRo~JY~avid M. Huddleston, Director of Finance [ITY DF DELRAY BEA[H ~~(i 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 $5 ~ILLION WITH A TER~ OF 30 YEARS AT A RATE OF NO MORE THAN 10.751.. .... " '. "''-;''-'''''''i'''~;___'''.' _'...._.. ~, ~.'" 11-_"'"' ...:........-'A i 1 ; I ; , ( l --~- . ( ~ ~, ! C I T Y COM MIS S ION DOC U MEN TAT ION FROM: WALTER O. BARRY, CITY MANAGER n ~U \ ~'-'" ~D J. KOVAc}< DIRic:l'OR- DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE LAND USE MAP FOR CITY OWNED PROPERTY AT MIRAMAR AND VENETIAN AGENDA ITEM REGULAR MEETING OF AUGUST 23, 1988 ACTION REQUESTED OF THE COMMISSION: Acceptance of the Planning and Zoning Board recommendation regarding this proposed plan amendment and forwarding to the State Department of Community Affairs for further review. BACKGROUND: The attached Planning and Zoning Board Staff background information on this request. The initiated by the City commission at a previous Report item was meeting. provides formally The significant action before the City Commission determination that the item requires further review at the level. Upon receipt of comments from the State, a second hearing will be held and an enacting ordinance considered. is a State public Planning and Zoning Board August 15th, the Planning of the proposed amendment. Recommendation: At its meeting of and Zoning Board recommended approval There was no public comment. r- , . l 1 1 :~ 'j :i PLANNING 8 CITY OF OELRAY ZONING BOARD BEACH MEETING DATE: AUGUST 15, 1988 - - - STAFF REPORT AGENDA ITEM: III. C CONSIDERATION OF LAND USE PLAN AMENDMENT 1988-2, CHANGE IN DESIGNATION FROM ITEM: P PUBLIC) TO MF-15 (MULTIPLE FAMILY - 15 units/acre) FOR CITY OWNED PROPERTY ON THE SOUTH ::3ENERAL DATA: ~ .. ~$ -1AA . 9 . 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. r TEM: JIl. c.. . , . i g , f i . ~ , y t ~ {. ~ 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) . I ~ ; I I . t I f 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. 11 i , t 1 ! , t j,. - f I t 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 / / ~ J f f . 1 I' I I ~ ~ ~ ~ ~ , ,,/ [ITY DF DELRAY BEA[H --.,', ..'......-c ~._-_",_o.__., ~ H".UKI\lEY'S' ,." .- -.:...,............." -.- ~--_.._-- -~ . . _.._ 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 - 1 t ~ ; 7 I j j i ! , i ; I r t " 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. .-' '-0 7 , i ~ ~ ~ , ~ . , 7 ! } ~ ~ i I I f , ~ 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 i ; , ! I f ~ t f ,I t ~ I J Steel Hector & Davis Boca Raton, Flonda REPLY TO: Boca Raton Office Michael E. Botos (407) 394.5000 " August 10, 1988 ATTN: Walter Barry ;~ ,! 4U6' 1 -' ,:' j', ". 2, "-' "ilY j " i.96'p ,,,ill. U ,'I;'1::'f..' ..r' ., '.1/;;'1-".',. 'f.1 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 \ ..~.....- . ~_:..~., DECLARATfON or UNITY OF TLE ! Ii'I I 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 i , ~ 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; I rl , r' j 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: I :.t:--._ r ,j. ,J: / ' ,/ ill r I 11 I. ? j .~ ! f .i , ; j 1 /' { " ~" <-.. .~ '.". ... , .' 0\.. ~~~ j, " ,", 'I 1 I ~!' .11 /' 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~. r II _.;~ . 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 . ,i EXHIBIT A ~ If I. I! i1 < , i ~ I ~ 7- , ,. , i . I i J s . ~ MEMORANDUM S T A F F R E P 0 R T " 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. 13[. ']: I i i ~ 5t i. I i i ; ~ i ~ j , ! . I , ! ~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 : - f: i f ; 7 ! , , ! , ~ , t f ~ .1 1, I, C I T Y . COM MIS S ION DOC U MEN TAT ION , " 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 l . , z.~ .' To: Walter O. Barry, City Manager Re: Disposition or Direction Re the Iandimarino Rezoning Request (RM-10 to GD) on Lindell Page 2 , .. 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 1 . << .j. \ PLA CIT NG 8 F OELRAY ZONING BOARD BEACH , " 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. PG 4~ MAS;'l .;;" t)o ?C .--, , r-;-" $('l T.., 1 f'~' ~ llElHAY .,.... . y<C"PlN fE' ~ CENTER '. =-~ on'"e J I o:j~ oK ~I I,.... PG ~4 ~ .", 1 _J~ ...' ,- ~...- ........- '.: ~.:: ~ . ..: ~ ',- ,"- ...-:-. -- .tr_ ~. -.'~ CJ<'VJL ',' GENERAL ~~ .-, 't,'" . ...;-;. 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 1-i ~ l . . t I I j .f ~: f , 'f j 1 , , j ~ ~ , . ~ i f 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 ~ l ~ 1 ~ 1 I ~ i ! ~ , t ~ ... 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. ITEM::or . 1:; / .- , ; , i ~ ; I ; ; l ; 'I t ~ f t I I 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 .. 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). , t r r } ! ! , , ~ 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. . t ~ t t , ! , ! 1 i 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 " 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. f I 1 f I 1 f i I I i , ! ; , 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 i :l t ; 1 I l i . . I i j l 1 I f (,. -...-:....~- -.--. ~.._. "-j,,l, . ._-t- f'";'" .1 _...~., ---.. - ---'-.. - -- ( I " . j .. I . c .. l- I t t' r ~.. ~ , j I ; . '. . I \ I I i .. fl t " , I i $ , I. I , "/ ! JI ~~ i1~ ~ -f ~"'1' -., I -, "," . -.: " ..- I * 1_.__ I ~..... .. I I ,. '-- ../ -- I ,... - I f -~~ ,. .~ i I I ~; < U/I' Ct~ ~-.... .' I ... 1'01 JJil'7 .- ............ {r...- ..r~~r.o.;.. i " ~ ; i f , ; . :i I , I ; , ~ ; '( ~ I , ; t ~ "i , - t WJ I I~ . -~B --.'.-----.---.-4 '3Nt PUG MN j ~ I I n-r-T---~Cr]Jr:r []:: ; --r ~r r-1\-:-t~J 8 . ft " ... . .) '1/; " ~ i . ~ lO /ri' fj \ 3~'V"" 41f ~ /~'" ~~ :i ~ I " [];," r 'f :' (!) ~ ~ i~ I . D " ~ :.:,-.-.-.-.-.-.-.- !. I c:i . '\17' 'H17 M'" . -- ------_._f_.______________________________ ~ '~H~ - ! /. ..' - II ""I 8 I j ,'.. i .. .. !! I ,I I ~ · ~ .. "'ol'I .. 'N1 31'V0 ~. j I I . 'C!9J ~ tr;==~1 ,i .' '3~'V 4H; MN @ /'" i .. f-''' !! E~......'if-' ~ ~ I en . C ("}i " icn ... ~ . .. I f.., j' . .. !!! -'~ '.... 'co c;-;. I .c ~ ~ "" i~ _" ~_+ N1 3Nld . ;;.~ ~ i!)l! ~~........ ~'b iN ; I ! I ! ~ I I ....'" ~ @........... :3: .. :) .. o /. ~ 3: t--.-':-L - , Ii CI)~J............ jZ ~; I i Z . -} . i.... : :, '~i3^'V ..419 MN , I I !..... : ClO 3>1'V1 f - i e I @ 'i!! t !! !! 2 I............ (V i J Ir:....! ~_. I . " . ~-~~~\ (t) ~ ~ ~ ~~~ @ . r\.ll. ~J <,-_~~", '--"" . I '-'-. ,'7" ,:;:~!;j~ ~ _ I '--~ ~ ..........., ~~ '-.... / ~ .j I-' CI) I-' (f) ( .c - __<D 3: Z ~-- - .. .. @ .. - - - - cr '- a _W :.:: <r ..J . - '.- , / : .. .. . t:lU ..::t2l ~ ~ ! I ., ~'. .:-:, ;>... r I ~ j ~ t j,. - . , I ,,}., ;; ~:", ' .. r f I t l -LJ 1-" jJ- I' '.Iff0?l I'," --:~ .... I .,' ~ frl--l !" :>~ 1.~f-)7{::~. - i i .! ,/ I~ 'lLO. '.,n .. -- ..~,- ~ .. .. .. . ". .' , .. ,. .. .' .... . -. .'. . .. w ~ ,= .. .. .. Ii ---- . . . . , .. .. :j ;.:l." .. I I-' ./ (J) .. 'J:: - ~ .. ~ .. . ~~.. , : ; . ~ . ;; ~ W .. .. . .. I.. I '3NI 4J9 MN ..S .. .. 2 " ~ ~ ... 2 .. .. ~. .. II, . .. .. .. II .. s.' '-. . .. '".fI-.! .~! .~~,-: Ii ~ = OJ ,. !! e: .. .' , / ;/i ". ....flrfjo !! ~ .. 2 (1) (!), a) .' .. r1'" "~ . I , i: , ~ t ::. 1 t 7 f i [ ; i I $ f f . . r ......, iJ-; .: j(J) . ,...(. -. . ._.. i . . ..~... . .".1J. !Z I i ~\ oil''''''\j'''' 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 """>",,,,,,;,'''''h''''''''''',.',,,;,;.,''~'',h'i.._,.';,'''~","',';~;~.l~~'~;..);';~>c"''''''''''';.;;:~';,,~NK';';'''l~l'. 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 ;"':"___''''''''_''_'_'____ ,,,;~,,,';';~~~,'i~;~~hl'l."";'~i.~'~lU;~;~;~'lb~i;l.'I.~ti~i~i~;;i~ii~\tIi;.tI~~.~~UQ~. 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 '. I, .,., ';',-'0 '0 ,,-;~-,o'''''-'~l;'~'~''~-~'''',~;l)li~',~'4.''-.'h~I~.;:..;.:i.~~:Ilit~ti~'lk':;_'.'~~i~.',~(~i:~)I)':',~,:~,.',~),:~~ SHOPPING CENTER SURVEY RESPONSES BY CITY Citv Delray Beach Boca Raton Boynton Beach other ,', .-.-,.""-:"",..,,,,~,,,,).,,,,",,,;,,'i,!..~'-'l.l~i.iu,.ilj~l;iQ~l.i;..~fu;~~~g~.tjmffiijUt~~1i!l-~~!i3ll1iihi~~j.~_~~,tl,'-i~'~"'';'''J'~*;, 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% - " .. ...,:--: ,;,,;,..,: ..._,i":':__';""_""'~,~,\1 ;~,.,..:..-_)_;~,~:;:;;:t>i~,'<.'~;:Q_~i-il''''.;~'NQ.'~,~;: -,'>ii'o,',:':H,," ....~~':"'~~,",_::_:,,' SHOPPING CENTER SURVEY HOURS OF OPERATION OUESTION """"'"",-,,-,,,j,,-,;,,,,,.,,,,;;,l,i,hli.';hl,w.;;,,io,,,",,,'i.""''',.~""_>,-,..i>..,..,..,, "h~,>.'"" ~,,' .", ", """.",,'il ;0';,',>" ;:';~ ,~;;" >~";""';l\!'-:_N",-",.",_,.:,:;;.",,;,,;.,:)i>'-"'~H~'-"'~~I'l~l~~l-lS~.~g:I"~,t'l..41:\;'~l:>l:~R~,,,,~~~~~',i,:;__~, ':~,~i~,'~.,~ ~;~~<1,~;'fl'i 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% ...,..;,;,;" . ,',' c,., 'I", ~...,,~ ,,.,,' :""'~0';_'i"":c,,,),:.;~i,",,~.l>,i~~~"'';i,i~::::,i:tili~_&i4i~~iJi~iik~AA~l~ll~;:i~":~'''' .:,~'" .',1.< 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 , "',>,'," "," ":"'" ~;h<il>:,l,,<.>l:....>t~)-:j~";hli"~:>:;)')"'~'l;IlI'I;:':' :i~"";~'; .,-",-,--,-'."".,'.-,-.',-" ':"-,, ,~- . ,:,i.,,-,-;,;,' :".,\\"J.,_~ ;b;~;,,~'~i~hl":'-\l_ili"~Rl~,,"-:.ljl;l~ll'i-~.~fu,.iU.~~t~i:rlilrtiljlil1lll U ~:.1~~~H~!{:"l1~ml!l'I;"'.t;j~~l~(" 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 '.',';h .,;o"';';'_ii"';J:,~"'-,i<;;;;:'lil.il.i.,,,-ilii;j~~1-;~~.,tii>l.i~~'<-t~l&t4~...,!:::,,:-:<:._-:x1i"~'~'~'~':'-' .."..-,.,.,,,.,--,-----,-, ,'-' - - '-----',,, -,.).~, 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. ._.._-'_._._~-- ~("'/' ._----c., ",---- I, --- / . " I- '---. _n_ ,.l~1 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 < ~ ffi ::;: ,., I ::;: J';" m en .I,tf'j -< ". ;.')111 m r - " . m < ,. -< ~ I r 8 ,. r :v m -< ,. F - , q , - i I . ~-! I }[. : ': ::: , 'I : I '.1 l ~ i ~ % ~ ~ ~ ~ > 2 , 0' ~ 'l 2 ~ < ffi ::;: m ~ :i m r m < ,. -< ~ ,. r fll :v -< en ~ en ~, 1 i u J . < . , , . . ! J 0 , .. . ~ ~- . ~ III i ! ~ ~ ~ ~ . ~ ~ . . " I E~!r~Xo!?v~or;taCenter BUILDING ELEVATIONS . ~ 'iH 'I"~ :n 'I j. ,/".. "mJ ;. L~ ~:;~<;: v, g : i ~Ii '!! '. ,! :"..... '! ~ -~, , , ,,(/:,/,:-"Ii ( ~ I.- @/ ':_,' '. - .:f~ :;ii ! ;,1' : ." ;:-:'W , ';,!!; :1" '-,rl: <j;1 Ill: "I i:il, 5 ~ g ~ ~ = " ~' i 11; , if II "I !! .. li r- I' ,I . . , CD II . r ~ CD !~ i I ::J j' . . a. ., ! ,. I I '. , " " . , r . , ~ ~~1 , ! ~ ,I : . , . , . Ii I I I! I Ii ~ I I i ~ f .' I . " I j " , t ~ i I . . . . U f I . f I . I , 1 "., .., I q;; H, ta!l iii :. ~ ::: :.:;;~f ; ~ ~ ! ~ ~ ~ ~ .. .'"'-'.~'----..' f r . f I i . i I t t ~ J' L I I II 'I , I,' ~ I 'f ! (. _:1 i " , JI ,-~I 1 . ~,I ii !i i i! , I t I L, J " " f. <;':!J ~' 1 .1 .4' 'fit' ./ I De/ray Town Center Palm Beach County, Florida ~1 , __..____ _.... .' . . I I 1/ II 1'1/1'" ,'1 /' " ,I!'!! r !: ! \ i ~ i i . ." :-'i 'r .'~'. ~ 'Q'.'W' ~ .'.',., 'III' lll; '~:!".! It ! ~ :(Ii . . i I ! j I ~ I . , , .' . r ; . I ~ " ! '. " , , I ~' :ii , :, , ME. ~ ~ l i!: 'I " / " 1,:' , r 'I 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. 31 . ~ ~ ~ ~ .~ i I f i " v . " ~ " , , Z E I /;' / 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 I 1 ~ 1 , ! ~ ~ 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 ~ : I , ; I: 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 i/' A i c<' ~ f t i 1 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. f ! ! .~ i , ~ j , ~ 1 ; ~ ~ 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: t, 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 1 1 f 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 / ~ z f i J ~ , ; i i i f , , t ~ ~ t , ~ 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 ~ i 1 :i ; ! ~ i :j ~ ~ } f ~ t , 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 I ; i ~ 1 i ~ ~ , ! , , ; I 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: r~ i r , .~ t ~ , 1 :. ! 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 ~ i . ~ f ~ z i f i 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 ",-,,1 c;;..~ \ I'-' ~'1 "~}/ ~. (I; ~ ~r, ~~ .~ i ~ ~ % ~ ~ c) a draft of the buffer -_.,._,._-.~-.... ~{ '~ --- I ! 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 t , t , ~ ~ , J ~ , 1: ; 1 i l i t ( ; , ~ I 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 7 , i 7 % i " i . ~ g . i f . , f ,...........J "W''I!'lUS wto<Ju \/ I f! I ' 1 i 3 I ! I' I . f : . l I ! I I I .. "" ~ . oj: Ii f . r .. ., 3: .~ · roo ~. ~~ : ~ iR Co" ! ,! (- f . r . ! = . .jo i ..: . t . - 3 = ii~ ; 0 11-1 . = t . . ' . . , t . _ , i. t !' , f f -.",,, - II ;j'" J~~,.. ,;:.", ] ~ Lr~;l _.!L l ! 7i fif~ C ~h:l j !.. 0.. .. 4-- . J ! .; .. _ _ _h ___ ' -, j - - I 'J ' -I .. :.. ill., ,I~ L. jJi c~: U ~.~ . U1 : ~ ':,11;[=1 I :' t __: - . I J:i it:! rl! 'Jf .' .], . . ~ , ~ ; ,,', 0" o. ... : i.. .. ~ J ;::1 f, ~~i! ~L. JJf '~ ': -;lj;' . ~ ~ \~ll.ct~ .~ ". ~ I .. : j 1 :E U : ~ .~! . · !,i ::Jl: i~. ./, !!. .,, II~~___- ~~---'-I ; r--'-'\F. II I " 'j n ~r' I,i ~ iL_..': Jj ~_ ~ JJb-~! tr-:-~ J. 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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 , f ; I ~ .... f' 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. " * 1 ~ f . ~ i ~: > f i. ! ~ f i f 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. - 2 - 1 I ~ ; l j I , ? 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. . , - . . RM-IO LAGO DEL RAY PLAT U-A BK.39, PG.170 ~, R-1AA @ 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. ~. t 1 1 ~ i ! ~ f 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: f 1 j,. - 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. ~{ t .7- f ~ l f 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 AJ~ I'<<)H ( ,;~,IJ l:hlif f}!lA I ... ",.,,,, r-----... I , I I --"- L I ___J'" 0, l , . I 1.-_ _ ___oJ ,------.. I I , I r-----' I ' I -----j r-----, I hl ill! r-----' I I I l ,. ~~. I ------~ ...------, I I , I r------, I I , .~ r------ I ,I" lil Cl-~~--l ~ ..-------, , , I I .~ r-----, I I -"--, I ,..------, , I I I ---~_.--J I , ,-!-:~iJ . ~ ~/~/I ---~--~' ~ I cL:--' ~------' r---, I ----.- I I l___.__J -r:=-, :-__~_J I I I '-.-' I I: ~ I I --- -'":'~~.!.. ..~,., I , I ~--____J ,-----1 , I ~" r------l : I ,------., I ' I r------l I I I to 6.-/ M,'wA +" e\.",,>';yk fu S-l""" t ~'~k"'~'0 , I I r---A.h-. , .,.1 ,,~I I" .f) ........1 "--r. I I ___J ~ I i: f 50: ~ I z. t ( ! , I , I Ii " . 1 l I " I' t < t ~ , 1 ~ 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. ~3 f , 1 ; t ~ ! r f t .~ J , f i ! 1 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. ~ L t f ~ j 'i ,f 1 '1 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 . I' '. 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 3lf , , 't , ~ , , 1 i I, r r !: I' t, 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. j,. - 1 i < ~. .~ ..; .? , , ; 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 , ! i x f I . ! , f f , ; < , . , ~ J i !' , . , . ' . . . I " ~l ~\ C' t,.._ , 7 ~~_b~ --. mri* .'~ H. .--.)-- ~~ ~~~ I - I ;rJl . )\)tVJ) J') .P '.P 7f:j ~ -- : ((U f II ~"'-~ d !i,) ~ f1 h,. ~) \V...d ,I' \ f~ JiE5~- ?eJ0.. '-l!!t ~~~. .:r;;-:;;: . ;r.:~ ~ ~ V ~~. .~~,~ I \?~11~A<S ~V~ j' ~,_~ fl~ ~~: ~ . ~Yr} ~ G:> """, \f', ~~,v,~"1. n .-J . <<;>, _ '^' ~~ .A,.~."1. n I ! ~! ,,'j It.-. <<J ~J ~(- led. ~'~ \ ~I ,(IV ~::.' ;; AJ 9 ~ ~'r' {:'\' ,,\ ~ ~r~ ::to d I ,h (;>.T {}> If lJ '1;~> ~ ~:: : : 'l~~ ~ ~ ~ 't ~ &>~'"- ~ --~ ::?s -@-- - --~ 'Jfl y 1 ~(~ f2:ib~ " '\; q q ~. 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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 f. I . . , i 1 " ~ ~ i I f ~ .j; " i ~ 1 To: PIal ng and Zoning Board Re: Site dnd Development Plan, Sherwuod Forest (Continued Item) Page 3 \. , 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. ~ , ~ 1 ~ f J f . . , i ; 1 ~ 1 t i I ; To: Plan ,g and Zoning Board Re: Site _nd Development Plan, Sherw~Jd Forest (Continued Item) Page 5 ", 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 j r , 7 'j 'j , $ z f f ~ , ~ i ! i:~ t DEP P "lTMENT AL CORRESPONDENCE :. " TO Walter O. Barry, City Manager :~ THROUGH: Frank Spence, Interim Director/Deveiopment Services [ITY DF DElRAY BEA[H ~~c; 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 / / q g i , , ; . , , ~ ~ ~ " ~ i 5 i f I J i ,~ ; J , , ? 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 ..- ! . 1 i . , i t ~ 1 ( ~ i 1 . , J ~ f , I , , I w ., 50' R/W w z z :::::i :::::i 3: 25' 25' 3: -- a:: -- a:: I I I 5' 8' 12' 12' 8' 5' WALK WALK ...... ......... ....... .1 ~ I 'I - STANDARD ROAD DETAIL RESIDENTIAL STREET 50' R/W 2 LANES w z :::::i 3: 20' -- a:: I l'A5~~j~ 40' R/W 20' w Z ....I 3: -- a:: rm 12' l 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. 3' , f i t z t ! t . J , ! ~. z I I t ~ , ; ~ 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 " 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 I 7 ~ 1 ~. z , I J i i I PLANNING e ZONING CITY OF OELRAY BOARD BEACH " 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. , l .. 2 . J 3 3 14 11 12 <, ~ 0 i 12" t 2( / 13 22 . 2 /4- 3 /5 20: 4 -. "", 8 14 15 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. ,. , 2.0 1'Z .. II !>... " I IZ I, . . " " "A " " .. ,., " 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 <, J: ! 1 I i ; , i 1 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 or the 1 i 1 t f . " i J g i L , . To: Re: Planning and Zoning Board Atlantic Car Wash, Consideration Request and Attendant Site Plan Page 3 of Conditional Use I, 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. i' i i I f f f 1 I ~ t To: Planning and Zoning Board Re: Atlantic Car Wash, Consideration of Conditional Use Request and Attendant Site Plan Page 4 " 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 ! f -i ! t . . ! .~ j f ~ f i t 1 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.) ( f I 1 ! i ; 7 i i' ~ t ~ ! i To: Re: Planning and Zoning Board Atlantic Car Wash, Consideration Request and Attendant Site Plan Page 6 of Conditional Use " 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. 1 ~ , z f ~ .... 1'0: Re: Planning and Zoning Board Atlantic Car Wash, Consideration Request and Attendant Site Plan Page 7 of Conditional Use " 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 , I / -,,'- ! 1- ~ o r ~ , l' , ;t f 7 i , z ; 7 . i ~ 1 , . , ~ 7 , ;, 7 WEST 60U/Y,? ,.-> --- /5' G.("ASS A TL AIy TIC AVENUE .., .., cAS T BOUND CX/5T//yG, .3;:" ASPH4LT P,fl/EMENT 'D4Co <-w'..r.. Dcap C.J<I: b L c. O<'IVE: 'Ze , 0).. .:~ .. ~ N .. LOT 2 r '" <> '" !" P.1o,.. Goo. 10' f.JC':5T/I'(<; '" I sTO.(vC.6.~. " ~ () ..; 't ~ f I: ., ~ I ;'" , , J.f~f. C.O,fO' ."". 5~.U' ~~~E,Y__~ , I i I I I I I f c.&.ltoM.c.c. ~. I " ~ I :. ~ LOT 7 . :' ~ ~ " :: , l' " '< ~ " in ..' LANE " r1~,hAN z' <o~t;. CUo'l.B f[ tV (5.R, 80(.) (IOC,' /?/W) LANE ST<<.,P LoT ^ ~ ~ U ~ ..." 0' to' . ';:~ , ' ~ ~" II' l.Ate -I' ~- ~ '" ..;<<~ IJ '< oo(~) ~ ~ ~ '3 ~ ~ ,>.. \l " ~~~ <l I~ ., .. ~~.. .. - ',< ~ .. . ~~ ~ ~ ,..., ~, fr' ~ ~, ~ , ., Q ....o,/i! ~ ~, ., U .rlt '" ~ ~, ~ (9 ~ ~ ": '" !i~1001HG ~ "- 1,.0' .: 'ATC::~ , " ,- ~ I-. ~ '<J 1: IJ ~ '4 ~ ::,. < h ~ " " "I; :t 'l. '"' "<: ~ \J\ '" '" '::i -l Vi < , I- "- ., , 1:\ ~ 'i,ij, , ~,f. . {....\1- ' Z5 t(,f " - " . tf-, ...... . .+ ~- ,.< ",' I -I' t' I u \ ~ , l,:, '0\\.1">--:---1 ,v.r ~l ry " ----uti . I J , ... :~ . , ~:: '- ~ N LOT l(p f'~bP~$EO 10' V,C. 137./d LOT 17 , i ;: > ~ , 1. ., i I ! ~ ~ ! .~ 1 i , 1 " 1 7o~cL ~ -~- 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. ( -~. . ., . , \ 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 '" 00 " a- .." .... W .... i!l ~ , .... .. ~ =0 ~ '" ~ i c:: """" ........ cg "~ '" 1=1 n ~. ........ 21..... ~~ ~ ~ ... t:j ~ ~ .... ~~ 1=1 : t"' t"' '" en .... cg 1St;; ~ == ~ '" t'l 21> '" .... is ~ Cl Cl == 0" ....'d ~i-3" Z =0 ~ ~ ~ 'jl~ l!l~ .... " n '" .... ~ I~ 00 ~ ~ '" "" ~ ~.... ~ "".!'l ... 0 g .... 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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 h l1~ ~ f , f i. f "i :i. ,. f I , i I , , f ;... - 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 Lf-2- f I i < {. , , I .. i. ; .1 I l: f i ~ w :) Z 11.1 ~ Z g, z ! io '" .; GO , , , , , LOT 14 STRECKER'S P ROPERTY '2.. 1,'1 , J' ' "D ' 'D , D. , , , , , , , , , , , I I J I J I J I , I I I I J , J I I I I I I I I I I I I I I I I 59.83' .j. , " .. N .. ~ VACANT LOT #I'" ,./ 1,..:....'" " .. OQ / ,,0;/ ;' ;' ;' , .- v '" -' ~ W Q iii w .... W II: o ~ o "' $ EXISTING! ., '? .- J:'" " ., .- ",d' // .' S' C ONCRE ,.--- DDnDnc::cn T - - - - - ul!:n..", ft. ae,o. ~.~ --",ur'" t , t i " j ~. ~ I t t I I I i ;' 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. *3 ! 1 i f ? ? ? 1 5 ~ 1 ~ Z f ! t , i 7 . i 1 f , f 7 ~ ; ; 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 ]. 1-: 1: t r ~; f f::: ; r i: t ~ , , 7 l ~ 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 3 ~ ; 1 , : , , ~ ; i ~ ~. .----- . .. . ~ ~ EB ffi ffi D. V .~. LJ '--"", D I \ I .'---......... EJ ~ \. (<\, . - . ". L-_~ . ~ . / . '-' ~r ---:--u '~,' . , ~ '- ',.. - /,. . /::....... --. OIl. [][]. []I "- ......,.'---~-..:::.>,_J ! . . I ~/ Boo LJLj 00 __ \. -> -L .. .I~ BCi?L 0. EEl EfJ rn ~ EB ,83 I ; I ~..... . '. . :. . . .,. . , ' ., ! . ! ~ , ; ~ r f f i , n n @j[) .0"8 ~ ~ ~ ~ '" , 8 8 8 ' i , ,~ ft1j)\ ;;1 '" ~ 0 ~1lY' ~p~ ODD l==t ~ 23 ~ I '" o o o it' [1 r1: ~ ~ ~ ~. EO- "- ~.~ ~~;- ~ ;~ r. @!; ,~- -' ~.-t ~ ". ~"----rp' ".:-.... --.Lltjr-_ ~~ g~ (~;~ ~~ ~ fg ; ^ 1 f 1 :1 t I < f , DEPARTMENTAL CORRESPONDENCE [Yl\;J i[]~ D~l~n~~ t8f~n~" rf'~'~ --' ~{"'l~?~' .. ~ o 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 t i t 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 f 1. i I 1 i i 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 1 ~ I ; , , , f ~ ! , , ~. I j f .{ l 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 , ,. $ i 1 , 1 " '! ~ . . , ~ ~ ; j I 1 f , . ~ i j ! -_.. ---.....-"'-..-- --~_._-- ---...._..-....."."......._- ---.- ......~-_.._---,-- . ..__.._...~_._._- - ..... ....~......_y...~ ."~..- - .-_.... .~----_.... ..-......-'-'..-..."......... -" . . ~... ..'-" .".~-...~-,.- _.-, "...........,............,..-- .....""..-..,-.............- ;~~~IC--= ."'r;.~....... 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 I~, ~ ~ 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. t ; - ;/ ;: 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( ~ \~ . I \ ~ Philip Procacci, President AUBURN TRACE DEVELOPMENT COSTS ! ! ~ ----~------------------------------------------_.._--------------------------------------------------------------,--------------- 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 i f 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 ~t 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 --------- --------- --------- --------- ~~~~~~~~~~~~N~O~~~~~~~N ~ ~ % N m >: -0 ~ ~ ~ ~2~ m m en ~ ,..~ ::;6~ m % X ." -0 m % ,.. en ~ m en % ,.. < '" m m en -0 ,.. '" en men % C -0'" m 00 ~ -0 ... 0 N N .. % n .. '" g;!;',: en ~:o " % ." -0 m m '" '" m .... en m -0 ,.. 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X m z .... -< m > '" ." > '" " -< m > '" N -< m > '" '" -< m > '" ... -< m > '" '" -< m > '" '" -< m > '" .... -< m > '" '" -< m > '" <l -< m > '" o -< m > '" ::: -< m > '" .... N -< m > '" <;; -< m > '" :;: -< m > '" .... '" .... " .... ,. ~ 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 lJ.~ . , --. . ~ 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. ,.. ITEM: p. r . , , _c ... -- --.' , . 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. , . 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. . .. . 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. ~ , -, . ~ 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. , 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". . - . . '.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" '. 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. ... ~._- ." ~ 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. , ~ . ~ -SHGE.., B - .."......... -, ~~ t , . , .: > i ~ 1 .. _..(;~ ./ AI!;. -" A-" r.... ,4. #/OW. -. ~ -. ....,..;.. .~ ........ ~ f:: ,'1,;. J · J I · i I ~ . ~ . . Ii ~ t. """__ III .. -- ,:--...... I{ · -..-:". ,",. 1 ..-~41.-4'\ ;:'1.,-:',>0 ~....~....,. ...._~... . -."...---., . ~ ./ .---- .t.. w.a.o CANA.t.. NO. .t.. -.::sa- "", I' <:.IWItL 40W ~ 42I!".Z~, _ '7''''') ~-.... ~-'ttl!: P.A".N. dn-..s '. ., .. .~ .y~.~,.~. 6oc;'""" /:Z . , 6+ ~ J ~ , ->-'" . . [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 11! ~ ~-+ _" -, I ,'III 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 lI-'R . '-... , LA W OFFICES JAMES W. VANCE WILLIAM p, DONEY JAMES W. VANCE, P.A. SUITE 200. BARRISTERS BUILDING 1615 FORUM PLACE 7'~ r:': ,..."....~,.., .,'--, '~l\lWES~PALM BEACH, FLORIDA 33401 ~~. ;1p)J..~.. . -D'6D.. ......- "....:;..y ,'. \.~ ...., . ,.',' ,.'~(\,' !,..'\"'> ...., L .... " < '1 ~ ~p" . ~ CHy ot D,'.:-.~:ti~j' lj(:'"jl~h , 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. l , , Page 2 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. ( ~ 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 ) ~: 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 ~ I' . 1 ! >; ~, ~ z, i , i ; , ! i ! +, .. g CHANGE ORDER NO. 2 PAGE TWO THE FOREGOING CHANGES ARE ACCEPTED: o , 0, INC. DATE ,F/s-/~ , ~~' By: /Yq/ ~/ -~ . . . . . . . . . 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 I t i I l I i . . ! .j I ! , j , ? i t I i 1 INC. PLUMBING CFC027S44 . MECHANICAL CMCOI8901 GENERAL CGC036268 (813) 665-6197 STATE CERTIFIED CONTRACTOR . 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. ~~{? FWR:dk 4310 SANDYWAY LANE. LAKELAND, FLORIDA 33801 f , I ; f ! ! 1 . I Z i . 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 (j.'- B - II-I.-~ l ~ 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 j ~: ~. F r. ; ! f ~ i l ~ 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 ..', ! ! 1 f , f i I ~ ;: I 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 i z i- .i . ~ i ? z . ~ i 1 i , , , t 10 !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 l/-'" D . _. ... ~..-- ..~.. . , 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 , -- ... ~_. . , 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 ( --. 'I 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*** . ........... , 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 4(.-E - ......., . ~ . 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 . 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'" N '" 0 0 0 .." 0 0 0 .." '" .... ~ . . . . . . . . .... 1'S 0 0 0 0 0 0 0 0 i " 0 0 0 0 0 0 0 0 . 'd >1 o '-'. .. n ... ~~ .... ~8 ~e ~a 6li ~~ ~i I~ >-l > =0 c:l t"' > =0 >-l .... '" .... i!l 0 . 21 ... co I~ 00 I '" 0 =0 .... '" en '" III ... .. ~ ~ N '" . .... '" 00 00 '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 c -.- . . . ~ 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 , . k 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: ( -- . .. . rrr-. I 1/ ..- . --,1--- ~.- -- rrr1-?'> 1)< "~ ~ V lP .,. -~ ~ ~;. II-f I m+-i " .. rJ... i 11-' 1~1 ~ - J-~Ic,... ,., ,.... ..A. - - I - I .... I A _ _.~-- -! , ~ - /.. , .. ... .. ".- - - .--- . I I . '- , II~ -. . ~'-J}~ ~6~ .. , .. I '--. _:!.!.Ic. - . L... . - I I ..d.~_ .~ . ilC.1 / I. - --- ~- . - . - --_. .- - '-:(~I--~,~,- 'r-}O. y~ . vy~ -:----11U>-. __u -- r-- . --.- '~l""~ ~ '-f-- ~~\~~ '/ 4'M~.. .... . . ._.u - I ~ V" l7? 1 ';" -.~~-_. 1/ ..!A.,. rd ... --- -.... -- 'j'- --;:'---' tr7. ._-1-- - '. -~ r- r -- ".-. -. --... .- .---. ---- -.- - ..-- -- 1--.-. -.- --_. __. -- j '-- .- _. -- - .- --- -_. t--- - -- -- r'- -... -_.. -_. .._....i:..._.. .----. 1-- 1-- -- -- ..- t-. I - .. .. , E , , ... ..,--... 1 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 Lf-{,.(}