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11-08-88 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION November 8, 1988 6 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. Week of Remembrance of the Night of Pogroms "Kristallnacht" _ November 6-13, 1988. B. Voice of Democracy Week - November 13-19, 1988. PROCEDURAL ITEMS 5. Comments and Inquiries on Non-Agenda Items from the Public. 6. Agenda approval. Action: Motion to approve. 7. Withdrawn FIRST READING - ENCLAVE 8. ORDINANCE NO. 94-88: An Ordinance for the annexation of Enclave No. 52, located between Dixie and Federal Highway, south of Sherwood Honda (IandiMarino). If passed Public Hearing December 13th. 9. ORDINANCE NO. 145-88: An Ordinance for the annexation of Enclave No. 24, located between U. S. No. 1 and the Intracoastal Waterway, between Ridgewood Road and N. E. 8th Street. If passed Public Hearing December 13th. 10. ORDINANCE NO. 146-88: An Ordinance for the annexation of Enclave No. 69, located north of the L-37 Canal, east of Verona Woods and 450 feet west of the E-4 Canal. If passed Public Hearing December 13th. 11. ORDINANCE NO. 147-88: An Ordinance for No. 71, located west of State Road A-I-A and between Rhodes Villa Avenue and Del Haven Hearing December 13th. the annexation of Enclave north of Linton Boulevard Drive. If passed Public FIRST READING - NON ENCLAVE 12. ORDINANCE NO. 148-88: An Ordinance amending Chapter 101 "Parks, Beaches and Recreation" of the Code of Ordinances by increasing the permit fee for storing boats in the area designated on the municipal beach. If passed Public Hearing November 22nd. 13. ORDINANCE NO. 149-88: An Ordinance amending and Boating" of the Code of Ordinances providing for for dockage at the City Marina. If passed Public 22nd. Chapter 92 "Boats rates and charges Hearing November 14. ORDINANCE NO. 150-88: An Ordinance amending Ordinance No. 3-84 pertaining to SAD District and extending conditional use and site plan approval for 18 months (Isles of Delray). If passed Public Hearing November 22nd. 15. ORDINANCE NO. 151-88: A correcting Ordinance regarding zoning on a parcel off Federal Highway from RM-15 back to SC. If passed Public Hearing November 22nd. 16. ORDINANCE NO. 152-88: An Ordinance "Utilities Generally; Public Service Tax" relative to water and sewer connection fees. November 22th. amending Chapter 50 of the Code of Ordinances If passed Public Hearing REGULAR AGENDA 17. SITE AND DEVELOPMENT EXTENSION REQUEST FROM SHOPS OF SEACREST: Consider site and development plan extension request from Shops of Seacrest, located at Seacrest Boulevard and N.E. 22nd Street. Present site plan approved May 1987. 18. APPOINTMENT appointment of one 1989. BOARD OF CONSTRUCTION Member (Architect) to a term APPEALS: ending Consider January 8, 19. PALM BEACH NEWSPAPERS, resolution in the case of Palm Kilgore. INC. VS CHARLES KILGORE: Consider Beach Newspapers, Inc. vs Charles 20. OLD SCHOOL SQUARE: A. Approval of leaseback to the Palm Beach County School Board. B. Assessment of asbestos problem. C. Approval of expenditures of monies for closing. 21. FINAL PLAT - 1410 SOUTH OCEAN BOULEVARD: Reconsider request for final plat approval for 1410 South Ocean Boulevard, formerly known as the Cullum annexation. 22. RESOLUTION NO. 72-88: A Resolution designating the boundaries of the Enterprize Zone. CONSENT AGENDA 23. Withdrawn. 24. FLORIDA INLAND Authorizing execution $75,000 grant. NAVIGATIONAL DISTRICT PROJECT AGREEMENT: of FIND project agreement and acceptance of 25. RESOLUTION NO. 70-88: A Resolution assessing costs for abatement action required on 22 parcels of property at various locations throughout the City. 26. RESOLUTION NO. 71-88: A Resolution adopting the new Trust Agreement and authorizing the execution of the ICMA Retirement Trust. 27. DOCK VARIANCE - ROBERT KEYSER: Requesting a variance to allow the dock to be constructed 22 feet into Lake Eden and 23 feet from the south property line at 25 N. W. 24th Court. 28. INITIATE REZONING OF RECENTLY City initiated rezoning of Dorson corner of Congress Avenue and Lake RH, LC and GC or to one of those holdings. ANNEXED DORSON PROPERTY: Consider property, located southwest of the Ida Road from ART and ACT to RM, designations applied on the entire 29. WAIVER OF FEES fee. UNITED WAY: Consider waiver of solicitation -2- 11-8-88 30. SHORT TERM CAPITAL IMPROVEMENTS: Approval of funding and source for construction of the new tennis center at Lake Ida Park, capital costs at Old School Square and City Hall renovation. 31. FLEA MARKET - TRINITY EVANGELICAL LUTHERAN SCHOOL: Permission to Parent Teacher League to conduct a flea market on the school's parking lot on Saturday, November 19th from 9:00 a.m. to 4:00 p.m. 32. AWARDS OF BIDS AND CONTRACTS: A. Meter Boxes, Covers and Lids Estimated annual cost of $27,000 Account 441-5123-536-33.33. Brooks Products, Inc. with funding to come from B. Renewal of Self-Insurance Contract Company $181,422 with funding to 551-1575-591-34.93, 551-1575-591-34.95, 551-1575-591-34.91 and 551-1575-591.33.95. Arthur J. Gallagher & come from Accounts 551-1571-591-34.99, C. Janitorial Services for Police Kleen Building Services - $32,879 Account 001-2113-521-33.17. Department Building - Action with funding to come from PUBLIC HEARING - ENCLAVE ORDINANCES 33. ORDINANCE NO. 123-88: An Ordinance for the annexation of Enclave No. 13, located immediately south of the Boynton Beach border between I-95 and N. W. 4th Avenue (includes residences and that portion of Lake Ida lying within the City of Delray Beach) with proposed zoning of CF and R-lAA. 34. ORDINANCE NO. 124-88: An Ordinance for the annexation of Enclave No. 37, located between Dixie Highway and Federal Highway, extending south from S. E. 10th Street to the north property line of the Delray Mall with proposed zoning of RH and MH and a limitation concerning the hours of operation. 35. ORDINANCE NO. 125-88: An Ordinance for the annexation of Enclave No. 59, located immediately north of the L-32 Canal, and immediately south of Lake Ida Road, between Congress and the Lake Worth Drainage District Canal 3-1/2 with proposed zoning of RM, R-IAB, ART/ACT, GC and POC, establishing hours of operation of uses on this and future enclaves, providing that the hours of operation do not presently comply with City ordinances must comply on or before 20 years from the date of this action, provided further however should Palm Beach County change their regulations concerning hours of operation, bringing them into conformity with current City codes prior to the amortization. Then that non-conformity shall cease and the current City code shall comply, providing furthermore that nothing in this action shall affect any of the term, condition, or requirement of the enclave act as to other regulations affecting uses in their continuation. 36. ORDINANCE NO. 126-88: An Ordinance for the annexation of Enclave No. 63 located approximately 1,100 feet north of Atlantic Avenue, between High Point Boulevard and N. W. 18th Avenue with proposed zoning of MI and ART. 37. No. west ORDINANCE NO. 127-88: An Ordinance for the annexation of Enclave 66 located immediately north of Atlantic Avenue, both east and of Congress Avenue with proposed zoning of LI and GC. PUBLIC HEARINGS - NON-ENCLAVE 38. ORDINANCE NO. 108-88: 4th Avenue between N. W. initial zoning of R-l-AAA An Ordinance 13th Street (Byrd). annexing property on N. W. and N. W. 12th Street with 39. ORDINANCE NO. 120-88: An Ordinance rezoning property known as Miller Field from R-1AA and RM-I0 to CF. -3- 11-8-88 40. ORDINANCE "Building" of the fees. NO. 129-88: An Ordinance amending Chapter 150 Code of Ordinances relative to an increase to permit 41. ORDINANCE NO. 137-88: An Ordinance amending Code" of the Code of Ordinances increasing fee development procedures. Chapter 173 "Zoning schedule for land 42. ORDINANCE NO. 138-88: An Ordinance amending "Landscaping" of the Code of Ordinances to provide for a in tree removal and shrub clearing. Chapter 159 fee increase 43. ORDINANCE NO. 139-88: An Ordinance amending Chapter 150 "Building Regulations" of the Code of Ordinances to provide for an increase to the permit fee issued to erect or dismantle structures. 44. ORDINANCE NO. 140-88: An "Landlord Permits" of the Code of of cost of landlord permits. Ordinance amending Chapter 117 Ordinances to provide for increase 45. ORDINANCE NO. 141-88: An "Historic Preservation" of the Code application fee for a Certificate of Ordinance amending Chapter 174 of Ordinances to establish a $25 Appropriateness. 46. ORDINANCE NO. 142-88: An the southwest corner of Swinton R-IA to CF. Ordinance rezoning property located at Avenue and S. W. 4th Street from 47. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -4- 11-8-88 MEMORANDUM FROM: CITY MANAGER ONrJ~ Cl TO: SUBJECT: AGENDA REPORT - MEETING OF NOVEMBER 8, 1988 DATE: November 4, 1988 FIRST READING-ENCLAVES Item No. 8 (Ordinance No. 94-88) This is a First Reading of an Ordinance annexing Enclave 52 located between Dixie and Federal Highways, south of Sherwood Honda. This 4.89 acre parcel consists of 67 mobile homes and three single family lots west of the trailer park. Proposed zoning is GC, RM-10 and SC. The level of service is "C" which means that while public improvements will be necessary, no immediate capital expenditures demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Planning and Zoning Board at it's October 24th meeting recommended approval. Recommend approval of Ordinance No. initial zoninqs GC, RM-I0, and SC. 94-88 annexinq Enclave 52 with Item No. 9 (Ordinance No. 145-88) This is a First Reading of an Ordinance annexing Enclave No. 24 located between U.S. 1 and the Intracoastal Waterway, between Ridgewood Road and N.E. 8th Street. This 83.55 acre enclave consists of 16 commercial uses, three industrial uses, 129 single family homes, 14 duplexes, one triplex, 13 multi-family residences, 23 vacant parcels and three agricultural uses. Proposed zoning is GC, LI, ART, RM, and R-1A. The level of service is available and there are service to the enclave. comes from the increased presence. "D" meaning water and sewer is not generally significant costs and factors to provide On the other hand the benefit to the City level of code enforcement and Police The Planning and Zoning Board at it's October 24th meeting recommended approval of the rezoning and annexation with the stipulation that City initiate rezonings for some areas immediately upon completion of annexation. A detailed transmittal memo is contained in your agenda packet. Recommend approval of Ordinance No. 145-88 annexinq Enclave 24 with initial zoninqs of GC, LI, ART, RM, R-1A. Item No. 10 (Ordinance No. 146-88) This is a First Reading of an Ordinance annexing Enclave No. 69 located immediately north of the L-37 Canal, immediately east of Verona Woods and 450 feet west of the E-4 Canal. This 16.81 acre parcel consists of eight single family homes in the Woodvue Subdivision located south of Germantown Road and four vacant lots, a nursery and a road on the north side of Germantown Road. Proposed zoning is R-1AAA and ART. AGENDA REPORT Meeting of November 8, 1988 The level of service is "C" which means that while public improvements will be necessary, no immediate capital expenditures demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Planning and Zoning Board at it's October 24th meeting recommended approval. Recommend approval of Ordinance 146-88 annexing Enclave 69 with initial zonings of R-1AAA and ART. Item No. 11 (Ordinance No. 147-88) This is a First Reading of an Ordinance annexing Enclave 71 located immediately west of A-I-A and north of Linton Boulevard between Rhodes Villa Avenue and Del Haven Drive. Enclave 71 is comprised of one .78 acre parcel leased by the City as a parking lot for Atlantic Dunes Park. The Palm Beach County Tax rolls list this property as incorporated, therefore, the Enclave Report did not address this enclave. Additionally, during consideration of annexing neighboring enclaves, no evidence was found that this parcel had ever been part of the City. Proposed zoning is R-1AA. Water and sewer service are not an issue as no facilities are proposed for the parking lot. The Planning and Zoning Board at it's October 24th meeting recommended approval. Recommend approval of Ordinance No. 147-88) annexing Enclave 71 with initial zoning R-1AA. FIRST READING- NON ENCLAVE Item No. 12 (Ordinance No. 148-88). This Ordinance increasing the permit fees 5% storing sail boats on a designated area of is a First Reading of an (from $110 to $115.50) for the municipal beach. Recommend approval of Ordinance No. 148-88. Item No. 13 (Ordinance No. 149-88). This is a First Reading of an Ordinance increasing rates and charges 5% for various docking, water and electrical services provided at the City Marina. Recommend approval of Ordinance No. 149-88. Item No. 14 (Ordinance No. 150-88). This is a First Reading of an Ordinance amending Ordinance No. 3-84 pertaining to the Isles of Delray SAD and extending the conditional use and site plan approval for the Isles of Delray an additional 18 months. This item was continued at your October 11th meeting. Delray Islands, Inc., represented by Roger Saberson is requesting an extension of conditional use, site and development plan approvals for the Isle of Delray residential development on the north side of Lake Ida Road. This 14.17 acre vacant parcel is proposed for 148 unit zero-lot line patio homes, townhouses and villas. Current City zoning is SAD. A detailed memo regarding the progress and processing of this project is enclosed in your agenda packet. The Planning and Zoning Board at its August 15th meeting recommended approval of the requested extension subject to a stipulation that within six months of City Commission action a traffic study - 2 - AGENDA REPORT Meeting of November 8, 1988 be provided to the City sufficient for processing and action, and that the developer be responsible for all off-site street improvements which are deemed appropriate by the City. Recommend approval of Ordinance 150-88 amending the Isles of Delray SAD, extending the conditional use and site plan approval an additional 18 months with the stipulation that within six months of this approval, a traffic study be provided by the developer who shall pay for any additional off site improvements reguired. Item No. 15 (Ordinance No. 151-88) This is a First Reading of an Ordinance amending the zoning map to correct an inadvertent change which occurred in 1977. At that time a designation of RM-15 was applied to this property without benefit of appropriate rezoning procedures. The error was noted when the property was offered for sale. The owner now seeks correction of the zoning map. Recommend approval of a 1/2 acre parcel of Highway, south of S.E. Ordinance No. 151-88 correcting the zoning on property located on the east side of Federal 5th Avenue from RM-15 to SC. Item No. 16 (Ordinance No. 152-88) This is a First Reading of an Ordinance amending the charges for water and sewer connection fees to allow existing developed residential property, including enclaves an opportunity to pay for sewer and water connections over a five year time span. A companion ordinance (122-88) increasing the sewer connection charge was passed on First Reading at the October 11th meeting, advertised for Public Hearing at the October 25th meeting and continued to November 22nd. Both Ordinances will be scheduled for Public Hearing at that time. Recommend approval of Ordinance 152-88 amending the charges for water and sewer connection fees to provide a five year payment schedule. REGULAR AGENDA Item No. 17 Site and Development Plan Extension Request- Shops of Seacrest located at Seacrest Boulevard and N.E. 22nd Street. Lembo/Seacrest Associates represented by Roger Sabers on is requesting an extension of site plan approval for the Shops of Seacrest. This site was annexed into the City in November 1985 with zoning of LC. A site plan for a standard, strip commercial center was approved by the Commission in May 1987, that approval expires in November 1988. The Planning and Zoning Board at its September 27th meeting recommended denial of this request based on insufficient evidence of progress in obtaining approvals of the planning and permitting aspects of the project; inappropriate nature of the proposed use while other more appropriate uses are allowing within the LC zone district; overall incompatibility of the site design with the perceived future of the neighborhood; intensity of the use being too great; the lack of development testifying to the inappropriateness of the use and the practical inability to justify such a commercial use at this location. Following additional discussion the development, a number of agreed to. These include: between staff and representative of stipulations and modifications were - 3 - AGENDA REPORT Meeting of November 8, 1988 1. Provide pads for dumpsters and southerly screening. 2. Install a four foot cyclone fence and four and one-half ficus hedge on the north side, instead of a wall. 3. Provide a parapet around the entire building(s) and planting palms in clumps. 4. Seek Commission concurrence not to require additional right-of-way for Tangerine Trail beyond that which exists to the north of the project. 5. That existing right-of-way requirements for N.E. 22nd Street remain rather than require an additional 25 feet of right-of-way along 22nd Street. 6. A waiver of sidewalk requirement along Tangerine Way north of the development be granted. Recommend extension of site plan approval for the Shops of Seacrest subiect to the stipulations and findings listed above. Item No. 18 Appointment Appeals. One architect is vacant. We received of One Member to the Board of Construction position on the Board of Construction Appeals applications from: Larry M. Schneider Charles E. Toth Recommend appointment of one member to the vacant architect position on the Board of Construction Appeals to a term ending January 8, 1989. Item No. 19 Palm Beach Newspape~s Inc. vs. Kilgore. The City Attorney's Office filed a Motion ~n the Fourth District Court of Appeals on November 3rd. This motion was filed to preserve the review of the Supreme Court on the issue of whether an ongoing, internally generated non-criminal internal affairs investigation is exempt from disclosure under the public records law, prior to the investigation being completed. The City Attorney believes this matter to be of sufficient importance to the City that appeal to the Florida Supreme Court is an appropriate action. There is no case law in Florida deciding this exact point of law and the subject is likely to arise again in the future. Recommend approval of motion to certify Kilgore vs. Palm Beach Newspapers, Inc. to the Supreme Court of Florida. Item No. 20 Old School Square leaseback to Palm Beach County School Board. We are presently negotiating the closing of the sale of the old Delray Beach Elementary School to the City. In addition a leaseback of certain portions of the school to the School Board is required. It is expected that closing will occur on Tuesday, November 8th. At this time negotiations continue and final documentation is not available. Included utilized asbestos in the negotiation is discussion of the number of rooms to be by the School Board, procedures to eliminate an apparent problem in a portion of the school, payment of utility costs, - 4 - AGENDA REPORT Meeting of November 8, 1988 and other details. The City Attorney expects to have this information available for action Tuesday evening. Recommend consideration of lease agreement between the City and Palm Beach County School Board. Item No. 21 Final Plat- 1410 South Ocean Boulevard. Mr. William R. Seach, owner of property located at 1410 South Ocean Boulevard is requesting reconsideration of his final plat submission. The initial plat submitted was for two single family homes and a duplex on a .66 acre parcel. He is now proposing to modify the plat so that three single family lots are created, consistent with neighborhood suggestions made at your October 11th meeting. The previous plat was denied by the City this reconsideration to move forward, the should be rescinded for reconsideration final plat. Commission and thus to allow Commission's previous action following revision of the Recommend rescinding previous action denying final plat approval for property at 1410 South Ocean Boulevard, directing that upon preparation by the developer of a final plat which involves only three single family lots, the matter be placed upon the Commission's agenda for reconsideration. Item No. 22 (Resolution No. 72-88) Enterprise Zone Boundary Changes. Following direction given at your November 1st work shop, the proposed boundary changes have been expanded along Congress Avenue to include additional portions of Congress Park South located between 10th Street and Atlantic Avenue just west of Congress Avenue, and the commercial area known as the Delray Park of Congress located north of Lake Ida Road and east of Congress. As a trade off that residential portion generally known as the Southridge area just north of Linton Boulevard has been eliminated from the modified Enterprise Zone Boundary. Maps of the modified Enterprise Zone and the current Enterprise Zone are included in your agenda packet. Recommend approval of Resolution No. 72-88 modifying the Enterprise Zone Boundary and directing staff to submit application to the Department of Community Affairs prior to the December 1st deadline. CONSENT AGENDA Item No. 23 Withdrawn. Item No. 24 Acceptance of Florida Inland Navigation District (FIND) Grant. At your February 23rd meeting, Resolution 11-88 was passed authorizing application for grant assistance from FIND to facilitate replacement of piers at the City Marina. The project agreement from FIND has been reviewed by staff and appropriate changes made. This agreement provides that FIND will reimburse the city for 50% of the cost, not to exceed $75,000, of the proposed marina project. Bid opening is schedule for November 8th at Department estimates construction start date project completion by the end of February. 3 p.m. The Engineering of January 2, 1989 with Recommend acceptance of the FIND Grant and execution of project agreement. - 5 - AGENDA REPORT Meeting of November 8, 1988 Item No. 25 (Resolution No. 70-88) This is a Resolution assessing the costs for abatement of nuisances on 22 parcels of property at various locations throughout the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien to this property in the event the individual assessments remains unpaid. Recommend approval of abating nuisances on 22 within the City. Item No. 26 (Resolution No. 71-88) Modification of Trust Documents--ICMA Retirement Corporation. In order to maintain current membership in the ICMA Retirement Trust formal adoption of the Trust must be executed as required by the Securities and Exchange Commission. Resolution parcels of No. 70-88 property assessing at various costs for locations Recommend approval of Resolution No. 71-88. Item No. 27 Request for Variance. Mr. Robert Keyser, represented by Delray Marine Construction Company has requested two variances to construct a dock on property located at 25 N.W. 24th Court. Mr. Keyser requires two variances because of the length of the proposed dock is 22 feet, which exceeds the 5 feet allowed by code and because the structure would be 23 feet from the south property line, instead of 25' minimum as required by code. The affected neighboring property owner has no objection to the variance request. Engineering staff have reviewed since it would be impossible to dock. this meet request and recommend approval City Code and have a functional Recommend approval of variances to construct a boat dock on property located at 25 N.W. 24th Court. Item No. 28 Initiation of Rezoning Dorson Property. This action is in conjunction with approval of annexation for Enclave 59. The Dorson property owners had requested commercial zoning for their entire holding prior to annexation. In order to facilitate the timely processing of this enclave action, staff recommended that City initiated rezoning be considered following completion of the annexation. This action provides that the City will pay filing fees and other costs associated with rezoning requests. Recommend consideration of City from ART and ACT to GC, RM, RH applied on the entire holdings. Item No. 29 Waiver of Solicitation Permit Fees --United Way. The United Way of South Palm Beach County is requesting a waiver of the annual $300 solicitation permit fee. initiated rezoning of Dorson property and LC or to one of those designations Recommend consideration of waiver of solicitation permit fees for United Way. Item No. 30 Approval of funding for Short Term Capital Improvements. At your November 1st workshop, the Commission by consensus agreed to include funding in the amount of $500,00 toward construction of the new tennis center at Lake Ida Park, $300,00 toward capital costs at Old School Square and $850,000 for additional City Hall renovation. - 6 - AGENDA REPORT Meeting of November 8, 1988 The actual funding instrument (line of credit, Bond anticipation loan, bond issue, etc.) will be recommended by staff subsequently, prior to the need to draw funds. Recommend approval of fundinq for center at Lake Ida Park, capital Hall renovations. construction of the new tennis costs at Old School Square and City Item No. 31 Request from the Parent Teacher League of Trinity Lutheran School to conduct a flea market on their parking lot on Saturday November 19th from 9:00 a.m. until 4:00 p.m. Recommend approval of request from Trinity Lutheran School to conduct a flea market on Saturday November 19th. Item No. 32 AWARDS OF BIDS AND CONTRACTS: A. Meter Boxes, Covers Estimated annual cost of Account 441-5123-536-33.33. and Lids $27,000 Brooks Products, Inc. with funding to come from B. Renewal of Self-Insurance Contract- Company $181,422 with funding to 551-1575-591-34.93, 551-1575-591-34.95, 551-1575-591-34.91 and 551-1575-591.33.95. Arthur J. Gallagher & come from Accounts 551-1571-591-34.99, C. Janitorial Services Kleen Building Services Account 001-2113-521-33.17. for Police Department Building - Action $32,879 with funding to come from PUBLIC HEARING (ENCLAVES) Item No. 33 (Ordinance No. 123-88) Enclave No. 13. This is a Second Reading of an enacting Ordinance for the annexation of Enclave No. 13 located immediately south of the Boynton Beach border between 1-95 and N.W. 4th Avenue (includes the portion of Lake Ida lying within the City of Delray Beach). This 207.76 acre parcel consists of one park, one private tennis court, one Playhouse, 54 single family homes and five vacant parcels. Proposed zoning is CF and R-1AA. The level of service is "D" meaning available and there are significant service to the enclave. On the other comes from the increased level of presence. water costs hand code and sewer is not generally and factors to provide the benefit to the City enforcement and Police The Planning and recommended approval regarding provisions Zoning Board at its September 26th meeting of the annexation. Public comments were heard for sewer mains and connection requirements. Recommend approval of Ordinance No. 123-88 annexinq Enclave No. 13 with initial City zoninq of R-1AA and CF. Item No. 34 (Ordinance No. 124-88) Enclave No. 37. This is a Second Reading of an Ordinance for the annexation of Enclave No. 37 located between Dixie Highway and Federal Highway (U.S. 1), extending south from S.E. 10th Street approximately 1200 feet to the north property line of the Delray Mall. This 22.07 acre parcel, generally - 7 - AGENDA REPORT Meeting of November 8, 1988 known as the Silver Terrace area, consists of 90 mobile homes, an adult day care facility, three commercial uses, 18 single family homes, five industrial uses, 12 vacant parcels, two duplexes, a triplex, a park parcel and two guest cottages. Proposed zoning is RH and MH. The level of service has been designated "A and E". streets are appropriate to service the Enclave, but streets to the Enclave are either substandard or private. The adjacent the interior The Planning and Zoning Board at it's September 26th meeting recommended approval of the annexation. One property owner objected to change from existing County zoning of commercial to the City's proposed residential designation. There were also discussions about the isolated lots between Silver Terrace and the mobile home park and the installation of sidewalks on S.W. 10th and Dixie Highway, as well as installation of a pedestrian barrier (wall) between the residential area and the Delray Mall. The sidewalk project on S. E. 10th existing sidewalk at 3rd Avenue Construction is scheduled to begin Street from Dixie has been surveyed this week. Highway to an and staked. Recommend approval of Ordinance No. 124-88 annexing Enclave No. 37 with initial City zoning of RH and MH. Item No. 35 (Ordinance No. 125-88) Enclave No. 59. This is a Second Reading of an Ordinance for the annexation of Enclave No. 59 located immediately north of the L-32 Canal, and immediately south of Lake Ida Road, between Congress and the Lake Worth Drainage District Canal No. 3 1/2. This 106.18 acre parcel, generally known as Delray Shores, consists of one canal, 343 single family homes, five vacant lots and two commercial uses. Proposed zoning is RM, R-1AB, ART/ACT, GC, and POCo The level of service is "CO which means that while public improvements will be necessary, no immediate capital expenditure demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Dorson property owners have requested commercial zoning for that entire holding instead of the mixed commercial/residential zoning currently proposed. Staff had recommended and advertised ART and ACT zoning with the City initiating rezoning to G.C. in its entirety along with an alternative zoning of RM and LC following annexation. This removes the additional burden on the owner to pay filing fees and other costs associated with rezoning requests. At the same time it allows us to proceed deliberately with the enclave annexation, avoiding delay. A companion item elsewhere on this agenda formally addresses this request. Secondly, a nonconforming use to allow continuation of late closing hours for Cymbals Restaurant has been requested. The City Attorney has suggested the approval language below recommending this annexation. It addresses for the record approval of the continuation of this nonconforming use. The Planning and Zoning Board at it's September 26th meeting recommended approval of annexation. - 8 - AGENDA REPORT Meeting of November 8, 1988 Recommend approval of Ordinance No. 125-88 annexing Enclave No. 59 with initial City zonings of RM, R-1AB, ART/ACT, GC, and POC, establishing hours of operations of uses on this and future enclaves, providing that the hours of operation do not presently comply with City ordinances must comply on or before 20 years from the date of this action, provided further however should Palm Beach County change their regulations concerning hours of operation, bringing them into conformity with current City codes prior to the amoritization. Then that non-conformity shall cease and the current City code shall comply, providing furthermore that nothing in this action shall affect any of the term, condition, or requirement of the enclave act as to other regulations affecting uses in there continuation. Item No. 36 (Ordinance No. 126-88) Enclave No. 63. This is a Second Reading of an Ordinance for the annexation of Enclave No. 63 located approximately 1,100 feet north of Atlantic Avenue, between High Point Boulevard and N.W. 18th Avenue. This 23.99 acre parcel consists of three industrial uses, nine single family homes, three agricultural uses and one vacant lot. Proposed zoning is MI and ART. The level of service is "CO which means that while public improvements will be necessary, no immediate capital expenditure demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Planning and Zoning Board at it's September 26th meeting recommended approval of the annexation. Recommend approval of Ordinance No. initial City zonings MI and ART. 126-88 annexing Enclave 63 with Item No. 37 (Ordinance No. 127-88) Enclave No. 66. This is a Second Reading of an Ordinance for the annexation of Enclave No. 66 located immediately north of Atlantic Avenue, both east and west of Congress Avenue. This 16.11 acre parcel consists of five industrial uses, seven commercial uses and two vacant parcels. Proposed zoning is LI and GC. The level of service is "CO which means that while public improvements will be necessary, no immediate capital expenditure demands will be required nor will the annexation create excessive operating cost above revenues to be derived from the annexed property. The Planning and Zoning Board at it's September 26th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 127-88 annexing Enclave No. 66 with initial City zonings LI and GC. PUBLIC HEARING- NON ENCLAVE Item No. Ordinance at N.W. reading order to 38 (Ordinance No. 108-88) This is a Second Reading of an for the voluntary annexation of the Byrd property located 4th Avenue between N.W. 12th and 13th Streets. At first on August 23rd the Byrds agreed to amend zoning to R-1AAA in expedite this request. The Planning and Zoning Board at it's August 15th meeting recommended - 9 - AGENDA REPORT Meeting of November 8, 1988 approval. Recommend approval of Ordinance No. with an initial zoning of R-1AAA. 108-88 annexing the Byrd property Item No. 39 (Ordinance No. 120-88) Miller Park Rezoning. This is a Second Reading of an Ordinance initiating rezoning of property owned by the City commonly known as Miller Field, the Transfer Station, and County owned, City leased, property immediate south of Miller Field. The rezoning would be from R-1AA in part and RM-I0 in part to CF. The City has obtained the right to use County owned property which is located just south of the Miller Field baseball facilities. While the City is not legally required to rezone this RM-I0 property when utilized as a community facility this rezoning is consistent with previous Commission's policy applied to Fire Station No. 2 and the County Court House. These parcels were rezoned to CF prior to action on development plans. The Planning and Zoning Board recommended that S.W. 4th Avenue not be extended through the area of this annexation and that any funding for extension of S.W. 4th Avenue from its present terminus should be deleted from any planned capital improvement program in the future. The Commission, at your September 27th meeting elected to consider the S.W. 4th Avenue matter at a later date. Recommend approval of Ordinance No. 120-88 rezoning City owned and County owned property leased to the City from R-1AA in part to CF and RM-I0 in part to CF. Item No. 40 (Ordinance No. 129-88) This is a Second Reading of an Ordinance amending various sections of the Code of Ordinances to provide for a 10% increase in permitting fees. This and the actions which follow reflect fee increase authorized upon adoption of the 1988-1989 Budget. The areas affected include fees for moving buildings, new buildings and additions, miscellaneous permits, sub trade permits, long term permitting, moving buildings or structure, certificate of occupancy, mechanical code, plumbing code, wells, sprinkler system (drilling or driving potable/non potable well), and electricity. Recommend approval of Ordinance No. 129-88. Item No. 41 (Ordinance No. 137-88) This is a Second Reading of an Ordinance amending Chapter 173, Sections 173.918(A) "Permits and Fees" and (C) "Board of Adjustment Fees" of the Code of Ordinances to provide for a 10% increase in development application and Board of Adjustment fees. Fees for site plan approval, conditional use approval, land use plan amendment, rezoning, preliminary and final plat, abandonment, site plan modification (minor and non-impacting), and sketch plan/preliminary site plan approval are affected. Recommend approval of Ordinance 137-88. Item No. 42 (Ordinance No. 138-88) This is a Second Reading of an Ordinance amending Chapter 159, Section 159.50 "Relocation or Replacement of Trees" and Section 159.51 (A) "Permit Fees for Tree Removal, Shrub Clearing" of the Code of Ordinances to provide for a 10% increase (from $15 to $16.50) in the removal and permitting fees. - 10 - AGENDA REPORT Meeting of November 8, 1988 This action reflects fee increase authorized upon adoption of the 1988-1989 Budget. Recommend approval of Ordinance No. 138-88. Item No. 43 (Ordinance No. 139-88) This is a Second Reading of an Ordinance amending Chapter 150 " Building Regulations" Section 150.102 "Prerequisites to Approval; Permitted Uses", Subsection (C) "Building Department" of the Code of Ordinances to provide for a 10% increase (from $50 to $55) to the permit fee issued to erect and dismantle structures. This action reflects fee increase authorized upon adoption of the 1988-1989 Budget. Recommend approval of Ordinance No. 139-88. Item No. 44 (Ordinance No. 140-88) This is a Second Reading of an Ordinance amending Chapter 117 "Landlord Permits" Section 117.02 "Permit Fees" of the Code of Ordinances to provide for a 10% increase (from $10 to $11) for a landlord permit. This Ordinance also provides for a saving clause and an effective date. Recommend approval of Ordinance No. 140-88. Item No. 45 (Ordinance No. 141-88) This is a Second Reading of an Ordinance amending Chapter 174 "Historic Preservation" Section 174.32, Subsection (B) of the Code of Ordinances to establish a $25 application fee for filing a certificate of appropriateness with the Historic Preservation Board. This Ordinance also provides for a saving clause and an effective date. Recommend approval of Ordinance No. 141-88. Item No. 46 (Ordinance No. 142-88) This is a Second Reading of an Ordinance rezoning property located at the southwest corner of Swinton Avenue and S.W. 4th Street. First Baptist Church of Delray Beach, represented by Claudia Sweeney, V.P. Drug Abuse Foundation of Palm Beach County, Inc. is requesting rezoning from R-IA to CF for First Baptist Church. This zoning is requested in order to accommodate both the existing church use and the proposed Foundation use. The Drug Abuse Foundation plans to purchase the entire facility part of which will be used to operate an alcohol and drug abuse rehabilitation/ prevention treatment facility. The church sanctuary building will remain and be leased to a congregation for church purposes when the First Baptist Church relocates. Existing rooms and offices will be used for treatment and counselling by the Foundation. The time-frame for full implementation of this plan is two to three years. A conditional use request for the drug abuse and alcohol counseling will be sought prior to that time. The Planning and Zoning Board at it's October 17th meeting held a public hearing on this item. Representatives from the Foundation and First Baptist Church spoke in favor of the petition, no opposition was heard. The Planning and Zoning Board recommended approval based upon a finding that proposed zoning is consistent with the Comprehensive Plan and the Delray Beach Zoning Code. The Drug Abuse Foundation rezoning application fees. has As a requested a non-profit waiver agency of applicable which receives - 11 - AGENDA REPORT Meeting of November 8, 1988 considerable support from the City I believe this request should be granted. Recommend a roval of Ordinance No. 142-88 rezonin First Church of Delra from R-IA to CF with waiver of a licable rezonin a lication fees char ed to the Dru Abuse Foundation of Palm Beach County Inc. - 12 - 1- [Iry DF DELRAY HEA[N -';; 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/278.2841 PROCLAMA T/ON WHEREAS, in 1933, the Nazi Government of Germany came to power, unleashing a reign of terror and persecution; and, WHEREAS, on November 9-10, 1938, the Nazi Government instigated systematic and nationwide violence directed against all Jews of Germany, Austria and the Sudetenland; and, WHEREAS, 'such governmentally a tory for the eventual annihi la tion disdained by the Nazis; and, organized abuse was prepar- of Jews and other peoples WHEREAS, the people of the City of Delray Beach continu- ally rededicate themselves to the protection of life, liberty and the pursuit of happiness for all, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim November 6-13, 1988, as "THE WEEK OF REMEMBRANCE OF THE NIGHT OF POGROMS" in the belief that the people of this great land, the United States, will always strive to overcome prejUdice and inhumanity through understanding, vigilance and resistance. IN WITNESS WHEREOF, I have hereunto caused the Seal of the City of Delray Beach, affixed this 8th day of November, 1988. set my hand and Florida, to be MAY 0 R DOAK S. CAMPBELL "'-~~ , ~ ..~ :.t.;, ~ ~." v~<,? ~. ~ ~. ~..- ~, :,0, '"' ~~r'r~ '~s._."~~ t;J. -:l- i , ~ r~ V ..' . . ". ". ". 9t J '1:,. t ~ ~ ~~:' '" 6. . ~ ,,' . LJ-A- 17 [Iry OF DELRAY HEA[N c , 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/278.2841 PROCLAMA T/ON WHEREAS, one of the Foreign Wars as set forth in foster true patriotism"; and, basic aims of the Veterans its Congressional Charter is of "to WHEREAS, the Voice of Democracy Scholarship Program sponsored by the Veterans of Foreign Wars of the United States and its Ladies Auxiliary, has proved to be an effective instrument for putting these words in action; and, WHEREAS, the Voice of Democracy Scholarship Program, in this its 42nd year, provides an opportunity for high school students to think,' write and speak up for our country and for freedom and democracy; and, Future" leaders as a way WHEREAS, this year's theme, "Preparing for America's focuses the attention of youth on their role as the of tomorrow and how their guidance will preserve democracy of life in our Republic; and, WHEREAS, an active, dedicated and resourceful citizenry is vital to the preservation of freedom as our nation embarks upon its third century, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim November 13-19, 1988, as, "VOICE OF DEMOCRACY WEEK" in Delray Beach, and in observance thereof, I do hereby commend the Veterans of Foreign Wars and its Ladies Auxiliary for their sponsorship of the 42nd annual Voice of Democracy Program. I also call on 10th, 11th and 12th grade students in our schools to think, write and speak up for Freedom and to address the theme, "Preparing for America's Future". IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 8th day of November, 1988. ",,1 '~L::t'. ~,. r.:\.>"""'<" -i~ i~~~ -'2_ ~~-,,.. ":..i::;'t" '":: .~ ,.~ <it~,~:!; MAY 0 R DOAK S. CAMPBELL '" ,jiC' ' . "". '..1;" 0. " ....if' r:~:_ " ~.~;;;,..- . , : -'1 <" , ~. ;,~,~;; t: c -::::;.1' t!",g::1r~). Lf-B - 11"--- ,C I T Y , COM MIS S ION DOC U MEN TAT ION FROM: ~ER O. BARRY, CITY MANAGER \WPo~~~cY~~~ DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF NOVEMBER 8, 1988 AGENDA ITEM TRANSMITTAL OF PLANNING AND ZONING BOARD RECOMMENDATIONS REGARDING CERTAIN ENCLAVES ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of first reading of enacting ordinances for Enclaves 1I24, 1I52, 1I69, and 1I71. BACKGROUND: At its meeting of October 24, 1988, the planning and Zoning Board held a public hearing, took pUblic comment, and then forwarded recommendations regarding annexation and zoning on each of these enclaves. The recommended zoning designations and significant comments aired at that hearing are. as follows. Please refer to the specific "Enclave Staff Reports" which were provided to the Planning and Zoning Board for full background on each item. Enclave 24, northeast area along Federal Hiqhway: There were comments regarding this annexation. Most were in the form of questions; some involved objections to zoning designations. This enclave does involve changes in current designations from multiple family under County zoning to single family under City zoning. Instead of wrestling with these individual situations concurrent with the annexation process, the Board agreed that upon annexation it would initiate the rezoning process for another view at certain properties. These included: the Industrial site to a commercial designation; the "17 acre parcel" to RM-6 vice R-1A; a buffer of RH or RM east of parcels which have commercial frontage on Federal Highway; R-1A-C vice R-1A in some areas in order to accommodate duplex development. ~ - II / .~ ~>I To: Walter O. Barry, City Manager Re: Transmittal of Planning and Zoning Board Recommendations Regarding Certain Enclaves Page 2 The Planning recommendation advertised. and Zoning Board then forwarded to proceed with the zoning designations a as Enclave 52, IandiMarino. between Federal Highway and Dixie Highway: This area was before the Commission previously but had to be reprocessed in order to include a portion of Avenue L which has heretofore been abandoned. The only testimony was from Mr. IandiMarino. The Board forwarded a recommendation to annex with the zoning designation of GC for the majority of the property with SC and RM-10 designations for those portions of abandoned Avenue L which coincide with the existing zoning of contiguous property to the south. Enclave 69, Woodvue and parcels north of Old Germantown Road: This enclave had been noticed once before but was reprocessed while work proceeded on the City's water and sewer connection and extension policies. While there was public opposition previously, there was no public comment at this last public hearing. The Board forwarded a recommendation to annex with the zoning designations of R-1AAA and ART. Enclave 71, Atlantic Dunes Parking Area: This area was not included in the initial Enclave Report. Its existence as a "County pocket" became known during the past year. Because of controversy associated with the use of C.F. zoning on other enclaves, we opted for R-1A zoning for this property. There was no public comment; however, the Board did feel that C.F. zoning was more appropriate. A rezoning to that designation will occur post adoption of the Comprehensive Plan, if not sooner. The Board forwarded a recommendation to annex with the zoning designation of R-1AA. RECOMMENDED ACTION: By motion, approve the respective annexation ordinances on first reading and set public hearing dates for each on December 13, 1988. REF/DJK1I35/CCENCL.TXT { f I 1 I [ I ! 1 ORDINANCE NO. 94-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 29. TOWNSHIP 46 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED BETWEEN U.S. HIGHWAY NO.1 AND DIXIE HIGHWAY. LYING IMMEDIATELY SOUTH OF SHERWOOD HONDA: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVID- ING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT. IN PART. SC (SPECIAL- IZED COMMERCIAL) DISTRICT. IN PART. AND RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT. IN PART: PROVIDING A GENERAL REPEALER CLAUSE: PROVID- ING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS. t,he [,,,,g1,,, 1.9t.llre of t.he Stat.e of Florida passed the Delray Beach Enclave Act.. Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4. 1986. in conjunct.ion with a general election for Palm Beach County. Florida: and. WHEREAS. the referendum held on November 4. 1986. was approved by a 'single maJorit.y vot.e of said qualified electors: and. WHEREAS. the Cit.y of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and. WHEREAS. t.he City of Delray Beach has heretofore been authorized to annex lands in accordance with t.he Delray Beach Enclave Act. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Section 1. That the City Commission of the Delrav Beach. Palm Beach Count.v. Florida. herebv annexes Citv the following described land locat.ed in Palm Beach Florida. which lies contiguous t.o said Citv to-wit: Citv of to said County. PARCEL "A" Lots 1 through 9. inclusive. Block 4. DEL-RATON PARK. and Lots 1 t.hrough 44. inclusive (less the East 2 feet of road right-of-wav). together with the 10 ft. abandoned allev lying east of and adjacent to Lots 1 through 10. inc 11..15 ive. the 10 ft. abandoned alley lying east of and adjacent to Lots 22 and 33. the South Half (S 1/2) of abandoned Avenue "K" lying north of and ~ . adjacent to Lots 1 and 32 through 44. inclu- sive, and the North Half (N 1/2) of abandoned Avenue "L" lying sout.h of and adjacent to Lots 10 and 11 through 23. inclusive. Block 8. DEL-RATON PARK. according to the Plat thereof recorded in Plat Book 14 at Page 10 of the Public Records of Palm Beach County. Florida. PARCEL "B" The South Half (S 1/2) of abandoned Avenue "L" lying north of and adjacent to Lot 1. TROPIC GARDENS. according to the Plat thereof recorded in Plat Book 29 at Page 121 of the Public Records of Palm Beach County, Florida. PARCEL "r," The South Half (S 1/2) of abandoned Avenue "L" lying north of and adjacent to Tracts B. C and D of TROPIC PALMS PLAT 1. according to the Plat thereof recorded in Plat Book 25 at Page 99 of the Public Records of Palm Beach County. Florida. The subject property Highway No. 1 and immediately south of is located between Dixie Highway. Sherwood Honda. U.S. lying The above described parcel contains a 4.89 acre parcel of land. more or less. Section 2. That the boundaries of the City of Delray Beach, Florida. are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach. Florida. Section 3. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "A" is hereby declared to be in Zoning District GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach. Florida. ../ .. Section 4. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District SC (Spe- cialized Commercial) as defined by existing ordinances of the City of Delray Beach. Florida. Section 5. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "C" is hereby declared to be in Zoning District RM-l0 (Multiple Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section 6. That the land hereinabove described shall immediately become subject to all of the franchises. privileges. immunities. debts. obligations. liabilities. ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. - 2 - Ord. No. 94-88 .- Sp.ction 1. That this annexation of the subject proper- ty, including adjacent roads. alleys. or the like. if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise specifically initia~ed by the City pursuant to current require- ments and conditions. Section 8. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Sect. ion 9. That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence. or word be declared by a Court of competent jurisdiction to be . invalid. such decision shall not affect the validity of the 'remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final' reading on this the regular session day of on second and . 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading .3- Ord. No. 94-88 y' PLANNING B ZONING BOARD CITY OF DELRAY BEACH STAFF REPORT --- MEETING o=ITE: Oc:tober 24. 1988 AG8\CA ITEM: II. Ci ITEM: Consideration of Annexation and City ZoninR for Enclave 52 GENERAL DATA: SEE NEXT PAGE ~ / Owners ..................J.G. and Aurora M. Garcia; D.J., Elizabeth J., D.T. Iandimarino Location.................Between Dixie Hwy. and Federal Hwy, and south of Sherwood Honda. Description..............Del Raton Park, Lots 1 to 9 Inclusive; Block 4, and Lots 1 to 44 Inclusive (Less the East 2 feet of Road Right of Way), 10 feet of Abandoned Alleys Lying East of and Adjacent to Lots 1 to 10 Inclusive, Lots 22, 33 and the South Half of Abandoned Av. K Lying North of and Adjacent to Lots 1 and 32 to ~4 Inclusive, and the North Half of Abandoned Ave. L lying South of and adjacent to Lots 10 and 11 to 23 Inclusive, Block 8 Del Raton Park; The North Half of Abandoned Ave. L lying South of and adjacent to Lot 1, Tropic Gardens Enclave Size ............4.89 acres Jurisdiction ............Palm Beach County County Land Use Plan ....L-M/R (Low to Medium Density Residential, 3-8 dwelling units per acre) City Land Use Plan ......C (Commercial) County Zoning ...........CG (General Commercial District) Proposed City Zoning ....GC (General Commercial), RM-10 (Multiple Family Dwelling District, and SC (Specialized Commercial) . Current Use .............Single family residences (3), Mobile homes (67) Water Service ...........8" line on Federal Highway and 10" line on Lindell Boulevard Sewer Service ...........Existing lines on Federal Highway I ITEM BEFORE THE BOARD: The action before the Board is consideration of annexation and City zoning of Enclave 52 (as described in the "Enclave Report, Implementation of the Delray Beach Enclave Act"). Action on this item is pursuant to the Delray Beach Enclave Act (Chapter 86-427, Laws of Florida). BACKGROUND: The City Commission approved the Enclave Report, containing the required "urban services plan", which was prepared pursuant to the Enclave Act. Upon acceptance of the report, the City Commission directed that the annexation process be initiated in a manner consistent with the recommendations of the Report. The subject property owners and adjacent property owners within 500' have been mailed letters of notification pursuant to the Act and the requirements of Section 30-23 (B), "Rezoning Requests" of the Delray Beach Zoning Code. HISTORY: The Planning and Zoning Board previously considered this item at their special meeting of July 25, 1988. The Board recommeded approval of the annexation of Enclave 52 subject to GC (general Commercial) and ACT (Agricultural Commercial Transitional) zoning. SUbsequent to the Board's consideration and recommendation the Planning Department was notified that the recently abandoned Avenue L should have been included in the annexation of the Enclave. The cover sheet, fact sheet, analysis and recommendation have been adjusted to reflect the addition of the abandoned right-of-way to the Enclave. ANALYSIS: Enclave 52 is 5 parcels surrounded on all sides by properties which are incorporated within the City of Delray Beach. The enclave is bordered on the west by Old Dixie Highway and the Seaboard Airline Railroad right-of-way. Annexation of this property will not cause the creation of an additional enclave(s). Water and sewer service is available from Federal Highway (U. S. Highway 1I1) to service the properties. The adjacent streets (Federal Highway and Old Dixie Highway) are paved to city standards and are maintained by the Florida Department of Transportation and Palm Beach County respectively. Therefore, no public improvements are required to provide service to this enclave. Abandoned Avenue L is proposed for three different zoning districts as follows: The north half of the abandoned right-of-way (.32 acres) is included in that portion proposed for GC (General Commercial) zoning as it is contiquous to the lots previously:recommended for GC zoning. The south half of the abandoned right-of-way (.09 acres) adjacent to Lot 1, Tropic Gardens (N.W. corner of Federal Highway and Lindell Boulevard) is recommended for SC (Specialized Commercial) zoning consistent with the City's zoning of Lot 1, Tropic Gardens. The south half of the abandoned right-of-way (.23 acres) adjacent to Tracts B, C, and D, Tropic Palms Plat 1 (West of Lot 1, Tropic Gardens) is recommended for RM-10 (Multiple Family Dwelling District) zoning consistent with the City's recent annexation and initial zoning of Tracts B, C, and D. (File 1-213~ Iandimarino Rezoning and Land Use Plan Amendment) The recommended zonings of RM-10 (Multiple Family Dwelling District), SC (Specialized Commercial), and GC (General' Commercial) are consistent with the existing SC zoning to the north and south, RM-10 zoning to the south, and SAD (Special Activities District, the South De1ray Shopping Center) to the east. The zoning to the west of the enclave is R-1AA (Single Family Residential), and is not inconsistent with the proposed zoning given the physical separation of afforded by the right-of-ways for Old Dixie Highway and the Railroad. The existing County zoning of CG, and the City's land use plan designation of C (Commercial) are not inconsistent with the proposed zoning of ACT given the vacant nature of the property being so zoned, nor the proposed GC zoning, given the existing mobile home use of the property. The County land use plan designation of L-M/R (Low to Medium Density Residential, 3-8 dwelling units/acre) with commercial potential is consistent with the City's land use plan designation and the proposed zoning. Section 30-23(D) sets forth seventeen standards for evaluating rezoning requests for which the Planning and Zoning Board and the City Commission shall make written findings indicating that the proposed Change has been studied and considered in relation to said standards. These seventeen standards are. attached to this report. The Planning and Zoning Department has zoning against the seventeen standards of clear that no conflicts exist between proposed zoning of the property. reviewed the Sec. 30-23(D) the standards proposed and it is and the , , ~~ 11 ii II t i' i For informational purposes, a copy of the Enclave Report summary sheet for this enclave is attached to this report. RECOMMENDED FINDINGS: 1. That the annexation of Enclave 52 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 GC (General Commercial), RM-10 (Multiple Family Dwelling District), and SC (Specialized Commercial), 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 zonings are consistent (do not conflict) with the existing County zoning of CG (General Commercial) and the existing use (a mobile home park, and vacant) of the property. 5. The proposed zonings are consistent (do not conflict) with the City's land use plan designation of C (Commercial) for the property. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the rezoning and annexation of Enclave 52. 3. Recommend denial of the rezoning and annexation of Enclave 52. RECOMMENDATION: By motion, recommend that the City annexation of Enclave 52 with initial RM-10. Commission zonings of approve GC, SC, the and f Number of ParC.lal Total Acr.aqe, ENCLAVE 52 - 4 4.25 AII.....d Valuel tPc49.128 Estimated Popul~t ODIIIO GIHERAL CHARACTER . LEVEL or SERVICE Sl./MMARy Enclav. '2 1. . 3.47 acr. era1J.r park Fir. , EMS .......... A vut ot F.d.r.l H1lhvay contaill!!!1 . Polic. .............. A approximae.ly 67 mob1l. ho.... Thre. Wat.r ............... D .1ncl. taaily lot. (.78 acr..) vh1ch Sewer ............... D 11. v..t ot ehe mob11. ho... ar. al.o Acc.s. . . . .. . . . . . . . .. . .. B 1nclud.d. . COde Enforcement .... A CUMUU.'rIVE . .. .. . . . .. .. . .. c tANJ) USE EVALU),'rION - FINAHCIAI..EVALUA'rION . . , Propo.ed. Zoninq . . . . .. . .. . . .ACT , KB UVElfUUI Property 'raxl , 2.855 Plan Zoninq and . . Per Cap1ta I 19.107 U.e ar. Consistent . . . . . . .... Y.I I '1'O'1'AL I $21.962 Zoninq and City Plan ar. Consistent, Use Become. Nonconforming .....No I. EXPENDITURES, Operatinq I $19'.'60 Us. is ACCommodated Md1t1onal Throuqh a. Zone Which 1s Operatinq , -0- Incons1stent with the 'rotal Ope'ratinql $19.580 City Plan . . . . . . . . . .'. . . . .. ... bJo Capital: - 0 - Number of Enact1nq Ord. .. ... 2 . Redevelopune COMMEN'r1 COMMEN'r : No apparent proble.. . . f Wae.r and ..wer conn.ct1on. ara co be provided by the..x1.t1n, mob1l. ho.. park Y.. or ae the t1.. ot redev.lopunt. ( ORDINANCE NO. 145-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 9. TOWNSHIP 46 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY. BETWEEN RIDGEWOOD ROAD AND N.E. 8TH STREET: REDEFINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO R-1A (SINGLE FAMILY DWELLING) DISTRICT. IN PART. GC (GENERAL COMMERCIAL) DISTRICT. IN PART. LI (LIGHT INDUSTRIAL) DISTRICT. IN PART. RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT. IN PART. AND ART (AGRI- CULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT. IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ," ;:~. ;. WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427. Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and. . WHEREAS, pursuant to the Delray Beach Enclave Act. the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4. 1986. in conjunction with a general election for Palm Beach County. Florida: and. WHEREAS. the referendum held on November 4. 1986. was approved by a single majority vote of said qualified electors; and. WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS' Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County. Florida, which lies contiguous to said City to-wit: PARCEL "A" The Southerly 334.66 feet of the Northerly 988.58 feet of the Easterly 726.15 feet of the Northeast Quarter lying west of and adjacent to the west line of the Intracoastal Waterway. being abandoned Lots 16 through 24. inclusive, Block A. Lots 16 through 24. co ( .... inclusive. Block B. and Lots 1 through 6. inclusive, Block C. known as part of F.I.N.D. M.S.A. 642 A of Royal Palm Gardens. Plat 3. lying within Section 9. Township 46 South. Range 43 East: together with. The Southerly 971.94 feet of the Northerly 1.960.52 feet of the East 667.02 feet of the Northeast Quarter lying west of and adjacent to the west line of the Intracoastal Waterway known as abandoned Lots 20 through 27, inclusive. and Lots 29 through 34, inclusive, Block C, Lots 21 through 27. inclusive, and Lots 29 through 34. inclusive. Block E, Lots 1 through 10. inclusive, Block F, and Lake of La Hacienda Delray Plat. and the East 629.84 feet of Lot 1. lying east of Federal Highway, Harry Seemiller Subdivision, lying within Section 9. Township 46 South, Range 43 Bast; together with. '. ~. . t_ ~ Lots 1. 4. and 6 through 9. inclusive. DBNERY LANE. according to the Plat thereof recorded in Plat Book 23. Page 238. Public Records of Palm Beach County. Florida: together with, The East 60 feet of Lot 2 and the West 60 feet of Lot 3. DENERY LANE. according to the Plat thereof recorded in Plat Book 23. Page 238. Public Records of Palm Beach County. Florida: together with. The West 3 feet of Lot 2 and the East 3 feet of Lot 3 and all of Lot 5. DENERY LANE. according to the Plat thereof recorded in Plat &ook 23. Page 238. Public Records of Palm Beach County. Florida: together with, Lots 2 through 8. inclusive. all of Lot 9, and the East 10 feet of Lot 10. EASTVIEW. according to the Plat thereof recorded in Plat Book 23. Page 44. Public Records of Palm Beach County. Florida: together with. Lots 10 KENMONT. recorded Records together through 23. inclusive. Block 1. according to the Plat thereof in Plat Book 20. Page 65. Public of Palm Beach County. Florida; with. Lot 24. Block 1. and the West 7.5 feet of the South 155.50 feet of the 15 foot alley, now abandoned. lying easterly thereof and adJa- cent thereto. KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65, Public Records of Palm Beach County, Florida; together with. Lot 25 and the South Half of Lot 26. Block 1, and the East 7.5 feet of the South 85.5 feet of that part of the 15 foot alley. now abandoned. lying westerly thereof, KlNMONT, according to the Plat thereof recorded in Plat Book 20. Page 65. Public Records of Palm Beach County, Florida: together with. - 2 - Ord. No. 145-88 . ""-'" i ) / Lots 28 KENMONT. recorded Records together through 31. inclusive. Block 1. according to the Plat thereof in Plat Book 20. Page 65. Public of Palm Beach County. Florida; with. Lots 12 through 15. inclusive. Lots 17 through 23. inclusive. and Lots 26 through 28. inclusive. Block 2. KENMONT, according to the Plat thereof recorded in Plat Book 20. Page 65. Public Records of Palm Beach County. Florida: together with. The East Half of Lot 24 and all of Lot 25. and the 15 feet of alley, now abandoned, <! adjacent on the south. Block 2, KENMONT, according to the Plat thereof recorded in " Plat Book 20. Page 65. Public Records of Palm Beach County. Florida; together with, The West Half of Lot 24. the 15 feet of abandoned alley lying south of and adjacent thereto. and the 15 feet of abandoned alley lying south and west of Lot 23. Block 2, KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65. Public Records of Palm Beach County. Florida; together with. The 15 feet of alley lying south of Lot 17 (less the South 2.5 feet of the East 117.5 feet). Block 2. KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65, Public Records of Palm Beach County. Florida; together with, Lots A through G. inclusive. KENMONT. accord- ing to the Plat thereof recorded in Plat Book 20, Page 65. Public Records of Palm Beach County, Florida; together with, Lots 1 through 4. inclusive. Lots 6. 7. and 19, FIRST ADDITION TO KENMONT, according to the Plat thereof recorded in Plat Book 22, Page 24. Public Records of Palm Beach County, Florida: together with. Lot 12 and the East Half of Lot 13. FIRST ADDITION TO KENMONT. according to the Plat thereof recorded in Plat Book 22. Page 24. Public Records of Palm Beach County, Florida; together with. The Wes t KENMONT. recorded Records together 15 feet of Lot 28. FIRST ADDITION TO according to the Plat thereof in Plat Book 22. Page 24. Public of Palm Beach County. Florida; with, Lot 5 (less the road right-of-way), Block C. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15, Page 6. Public Records of Palm Beach County, Florida; together with. , 1.. - 3 - Ord. No. 145-88 . ., .-, " Lots 6 through 19. inclusive. Block C. LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida: together with, Lots 5 through 34. inclusive. Block D, LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15, Page 6. Public Records of Palm Beach County, Florida: together with. The South 100 feet of Lot 28, Block D, LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15, Page 6. Public Records of Palm Beach County, Florida; together with, -t i < The North 50 feet HACIENDA DELRAY. thereof recorded Public Records of together with, of Lot 28, Block D, LA according to the Plat in Plat Book 15, Page 6, Palm Beach County. Florida; Lots 5 through 20. HACIENDA DELRAY. thereof recorded Public Records of together with, inclusive, Block E, LA according to the Plat in Plat Book 15, Page 6, Palm Beach County, Florida; Beginning at the Center Line of 8th Avenue and the South line of Lot 5 as Point of Beginning, thence North 240 feet to the North line of Lot 5, thence West 150 feet. thence South 140.27 feet. thence West 42.43 feet, thence South 100 feet to the South line of Lot 5, and East to the Point of Beginning, in HARRY SEEM ILLER SUBDIVISION. Plat Book 9. Page 72. Public Records of Palm Beach County, Florida: together with, j Beginning at the Center Line of 8th Avenue and the South line of Lot 5. thence East 160 feet. thence North 80 feet, thence West 160 feet, thence South 80 feet to the Point of Beginning, in HARRY SEEM ILLER SUBDIVISION, according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County, Florida: together with, . J I j The North 10 feet of the South 126 feet of the West 62 feet of the East 990 feet of Lot 5, HARRY SEEMILLER SUBDIVISION, accordinK to the Plat thereof recorded in Plat Book 9, Page 72. Public Records of Palm Beach County, Florida; together with, The West 82.5 feet of the East 907.5 feet of the North 114.5 feet of Lot 5. lying east of Federal Highway. HARRY SEEM ILLER SUBDIVISION, according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County. Florida: together with, - 4 - Ord. No. 145-88 " The West 62 feet of the East 990 feet of the South 116 feet of Lot 5. lying east of Federal Highway (less the East 2 feet of the South 40 feet). HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County. Florida: together with. The West 82.5 feet of the East 990 feet of the North 114.5 feet of Lot 5. lying east of Federal Highway. HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County. Florida: together with, The North 80 feet of the West 160 feet of thef East 1.150 feet of Lot 5, lying east of thef. center line of Northeast 8th Avenue extended If . northward. HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County. Florida: together with. The South 80 feet of the North 160 feet of the West 160 feet of the East 1.150 feet of Lot 5. lying east of the center line of Northeast 8th Avenue extended northward. HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County. Florida: together with, The West 103 feet of the East 928 feet of the South 126 feet of Lot 5 and the West 2 feet of the last 930 feet of the South 40 feet of Lot 5 i' HARRY SEEM ILLER SUBDIVIS ION. according to the Plat thereof recorded in Plat Book 9, Page 72. Public Records of Palm Beach County, Florida: together with. Lots 6 through 27. inclusive. Block A. SNOW HILL. according to the Plat thereof recorded in Plat Book 21, Page 83. Public Records of Palm Beach County, Florida: together with. Lots A through D. inclusive. SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida: together with. Lot 6 and that part of the 15 feet of alley lying southerly and adjacent thereto. Block B, SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida; together with. Lots 7 through 9. inclusive. Block B, SHOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida: together with. - 5 - Ord. No. 145-88 , "~'T_." " ......_~. Lot 10 and that part of the 15 feet of alley lying south of and adjacent thereto. Block B. SNOW HILL, according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County, Florida: together with. Lot 11 and the West Half of Lot 12 and that part of a 15 foot alley lying south of and adjacent thereto. Block B, SNOW HILL, accord- ing to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida; together with, The East Half of Lot 12 and all of Lot 13 and that part of 15 feet of alley (now abandoned) lying southerly thereof and adjacent thereto, Block B. SNOW HILL. according to the Plat thereof recorded in Plat Book 21, Page 83. Public Records of Palm Beach County, Florida: together with. ';1 'f :;~ a .' Lot 14 and the West Half of Lot 15 and that part of a 15 foot alley lying south of and adjacent thereto. Block B. SNOW HILL. accord- ing to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida; together with. J The East Half of Lot 15 and all of Lot 16 and that part of 15 feet of alley (now abandoned) lying southerly thereof and adjacent thereto, Block B, SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida; together with, Lot 17 and the West Half of Lot 18 and that part of the 15 feet of alley (now abandoned) lYing southerly thereof and adjacent thereto. Block B. SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83, Public Records of Palm Beach County. Florida; together with. ,j J j The East Half of Lot 18 and all of Lot 19 and that part of the 15 feet of alley (now abandoned) lying southerly thereof and adjacent thereto. Block B. SNOW HILL. accord- ing to the Plat thereof recorded in Plat Book 21. Page 83, Public Records of Palm Beach County. Florida: together with. . Lot 20 and that part of the 15 feet of alley (now abandoned) lying southerly thereof and adjacent thereto. Block B, SNOW HILL, accord- ing to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County, Florida: together with, Lots 21 and 22 and that part of the 15 feet of alley (now abandoned) lying southerly thereof and adjacent thereto, Block B. SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County, Florida: together with, J J - 6 - Ord. No. 145-88 '"",' Lots 23 and 24 and that part of the 15 feet of alley (now abandoned) lying southerly thereof and adjacent thereto. Block B. SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida: together with. Lots 25 through 27. inclusive. Block B. SNOW HILL. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida: together with. .' That part of the 15 feet of abandoned alley lying adjacent to and southerly of Lots 1. 8 and 9. Block B. SNOW HILL. as in OR 1902. Page 1322. according to the Plat thereof recorded in Plat Book 21. Page 83. Public Records of Palm Beach County. Florida; together with. 1 .j Lot 18 and the East 8 feet of the abandoned alley lying westerly thereof and adjacent thereto. Block 5. SOPHIA FREY ADDITION. according to the Plat thereof recorded in Plat Book 4. Page 37. Public Records of Palm Beach County. Florida; together with. Lots 6 through 15. inclusive. Block A. and Lots 12 through 15. inclusive. Block B. ROYAL PALM GARDENS. PLAT NO.3. according to the Plat thereof recorded in Plat Book 21. Page 57. Public Records of Palm Beach County. Florida; together with. Lot 25. Block B. ROYAL PALM GARDENS. PLAT NO. 3. according to the Plat thereof recorded in Plat Book 21. Page 57. Public Records of Palm Beach County. Florida: together with. The North 50 feet of that part of Lot 4 lying west of the Canal and east of Palm Trail. in OR 798. Page 136. in Plat Book 8. Page 40. lying within Section 9. Township 46 South. Range 43 East: together with. The Southerly 95.11 feet of the North 324.1 feet of the Easterly 121.08 feet of Lot 38 lying west of the Intracoastal Waterway. in OR 963. Page 32. in Plat Book 8. Page 40. lying within Section 9. Township 46 South. Range 43 East; together with. Units 1 through 6. inclusive. TWELVE-O-TWO CONDOMINIUM DECLARATION filed 1/16/80. in OR 3213. Page 1546. lying within Section 9. Township 46 South. Range 43 East: together with. Lot 35. Block D. LA HACIENDA DELRAY. accord- ing to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida: together with. - 7 - Ord. No. 145-88 . ....,..,:. Lot 4. Block E. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida: together with. The South 137 feet of the East 245 feet of the West 395 feet of Block 3. REVISED PLAT OF ROYAL PALM GARDENS. according to the Plat thereof recorded in Plat Book 15. Page 44. Public Records of Palm Beach County, Florida. PARCEL "B" Lot 1 (less the Westerly 110 feet thereof). EASTVIEW. according to the Plat thereof recorded in Plat Book 23, Page 44, Public Records of Palm Beach County, Florida; together with. -'- ~ d ~.. The Westerly 110 feet of Lot 1 (less the road right-of-way). EASTVIEW. according to the Plat thereof recorded in Plat Book 23. Page 44. Public Records of Palm Beach County. Florida: together with. . Lot 10 (less and except the East 10 feet thereof and the road right-of-way). EASTVIEW, according to the Plat thereof recorded in Plat Book 23. Page 44. Public Records of Palm Beach County, Florida: together with. Lots 1 through 5, inclusive (less the road right-of-way), Block 1. KENMONT. according to the Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County. Florida; together with. Lots 6 and 7, Block 1. KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65. Public Records of Palm Beach County. Florida: together with. j Lot 10. Block 2. KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65. Public Records of Palm Beach County. Florida: together with. The South 10 feet of Lot 4. all of Lots 5 and 6. and all of Lots 16 and 17 (less the road right-of-way). Block A. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida: together with, Lots 1 through 3. inclusive. Block C, LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County, Florida: together with, Lot 4 (less the road right-of-way). Block C. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15, Page 6. Public Records of Palm Beach County. Florida: together with. - 8 - Ord. No. 145-88 ....,....:-: Lots 1 and 2 (less the road right-of-way). Block D. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6, Public Records of Palm Beach County, Florida; together with. Lots 3 and 4. Block D, LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15. Page 6, Public Records of Palm Beach County. Florida: together with. The South 75 feet of the West 200 feet of Lot 5 lying east of Federal Highway, HARRY SEEM ILLER SUBDIVISION, according to the Plat thereof recorded in Plat Book 9, Page 72, Public Records of Palm Beach County, Florida; together with. ~ Lot 5 lying west of Federal Highway (less the Southerly 120 feet of the Easterly 150 feet), HARRY SEEM ILLER SUBDIVISION, according to the Plat thereof recorded in Plat Book 9, Page 72. Public Records of Palm Beach County, Florida: together with. J The Southerly 120 feet of the Easterly 150 feet of Lot 5 lying west of Federal Highway, HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County, Florida; together with, . Lots 1 through 10, inclusive (less the road right-of-way), Block 1, and the North 47.50 feet of Royal Palm Boulevard (now abandoned) lying south of and adjacent thereto. REVISED PLAT OF ROYAL PALM GARDENS. according to the Plat thereof recorded in Plat Book 15. Page 44. Public Records of Palm Beach County. Florida: together with, J Lots 1 through 10, inclusive (less the road right-of-way), Block 2. and the South 12.5 feet of Royal Palm Boulevard (now abandoned) lying north of and adjacent thereto. REVISED PLAT OF ROYAL PALM GARDENS. according to the Plat thereof recorded in Plat Book 15, Page 44. Public Records of Palm Beach County, Florida; together with, J , J ~ I j Lots 1 KENMONT, recorded Records together through 9. inclusive. Block 2, according to the Plat thereof in Plat Book 20. Page 65, Public of Palm Beach County, Florida; with. Lots 1 through 3. inclusive. and the North 15 feet of Lot 4, and all of Lots 18 and 19 (less the road right-of-way). Block A, LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15. Page 6, Public Records of Palm Beach County. Florida: together with. - 9 - Ord. No. 145-88 . ~.. . t Lots 7 through 12. inclusive. Block A. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida; together with. Lots 13 through 15. inclusive (less the road right-of-way). Block A. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida: together with. Lots 1 through 19. inclusive. and the 16 feet I...... of alley through the north-south center. and . the 8 feet of alley on the south side of Block B. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County, Florida; together with. ~ The North Half of Lot 1 lying west of Federal Highway (less the road right-of-way). HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach County, Florida; together with, j Lots 1 through 5, inclusive (less the road right-of-way), Block B. SNOW HILL. according to the Plat thereof recorded in Plat Book 21, Page 83. Public Records of Palm Beach County. Florida; together with, The South 137 feet of the West 150 feet of Block 3. REVISED PLAT OF ROYAL PALM GARDENS. according to the Plat thereof recorded in Plat Book 15, Page 44. Public Records of Palm Beach County. Florida. .... j J PARCEL "C" Lots 8 and 9. Block 1. KENMONT, according to the Plat thereof recorded in Plat Book 20, Page 65. Public Records of Palm Beach County, Florida. I j j PARCEL "D" ~ Lots 8 through 11, inclusive, FIRST ADDITION TO KENMONT. according to the Plat thereof recorded in Plat Book 22. Page 24, Public Records of Palm Beach County, Florida; together with. J j The North 324. 1 feet of Lot 38 lYing east of Federal Highway and west of the F.I.N.D. Canal Right-of-Way (less the Tract in OR 963. Page 32). in Plat Book 8. Page 40. lying within Section 9. Township 46 South. Range 43 East. - 10 - urd. No. 145 - 88 PARCEL "E" The West 340.32 feet of the East 970.16 feet of Lot 1 lving east of Federal Highwav and west of the F.I.N.D. Canal. HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72. Public Records of Palm Beach Countv. Florida: together with. Lots 8 through 11. inclusive. Block B. ROYAL PALM GARDENS. PLAT NO.3. according to the Plat thereof recorded in Plat Book 21. Page 57, Public Records of Palm Beach Countv. Florida. ",;: The subject property is located between U.S. Highway No. 1 and the Intracoastal Waterway, between Ridgewood Road and N.E. 8th Street. f It The above described parcel contains a 83.55 acre parcel of land. more or less. .J Sp.ct1on 2. That the boundaries of the City of Delray Beach. Fiorida. are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach. Florida. j Section 3. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "A" is .hereby declared to be in Zoning District R-1A (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. J Sect10n 4. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach. Florida. .J , .J Section 5. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "C" is hereby declared to be in Zoning District LI (Light Industrial) as defined by existing ordinances of the City of Delray Beach. Florida. ~ Section 6. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "D" is hereby declared to be in Zoning District RM (Medium to Medium High Density Dwelling) as defined by existing ordinanc- es of the City of Delray Beach, Florida. Section 7. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "E" is hereby declared to be in Zoning District ART (Agricultural Residential Transitional) as defined by existin. ordinances of the City of Delray Beach. Florida. - 11 - Ord. No. 145-88 . , ~....J Section 8. That the land hereinabove described shall immediately become subject to all of the franchises. privileges. immunities. debts. obligations. liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 9. That this annexation of the subject.proper- ty, including adjacent roads. alleys, or the like, if any. shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys. or the like. unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 10 That all ordinances or parts of o~dinafiOes in conflict herewith be. and the same are hereby repealed. 1. i. Section 11. That should any section or provi&10n'~of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 12. That this ordinance shall become effective immediat~ly upon passage on second and final reading. , PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988. 1 ~ MAY 0 R j ATTEST: City Clerk j First Reading ~ Second Reading J ~ - 12 - Ord. No. 145-88 V PLANNING B tONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING CATE: October 24, 1988 AGENDA 1 TEM : II. A. ITEM: Consideration of Annexation and Rezoning for Enslave ~ _.~~-~. I GENERAL DATA: SEE ATTACHMENT :. -~- q j, ," .3;;, ~,...... 'Os .... '".. :::...~ "", lIS N"j~:":~'. l.I, '-'" . '" ,,.. .... "'l '~ .~ . , ". ,. 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I j , ParCt' . , A . 'Sk.I~-P.3" ,.-, , ~. , . I ~I~I. 12 '5 14 L' I' n!. .S2021 , 4~ ~r '"" ~ ~O ~ I' H L . I UHHI. ~ ...~ '~. ....... . tJ.. B.'..lL G. B 2' ~. e. a 9 10 'l,;q.1 14 15 "" II '9 211~ n. ~ t '.. ~~. ~ 'l'Al ~ . R Pl: . Ioi ~. . .1,1,10'1/ Url4l,J~" Ull>l>i ;..~ ; R YAL. PAL.AII BLVD. ~ J_. . ... t.;: of s~. 211 r I drl ! I!, "; $! , , IO"~,L,, '4 ~~t.I'''U1I",,~i,; "'I_ . M'r ~ . ' :!!<C ~ 100 ;. ~ .. 99. . 101 -..u >0.1 otIt .:' 2 . . " s ' . .' ~ , ~ ..' . i' "(/1 ~ II) r " r z '\r.: ,~ !~'i A '@J'~ ./ I I ../ ..~ i ~ f@ 1(/ ~. dJ Q f, <&. {' . 9 ...."\: t'~. tll '/',.1 li~~ I ..,.. ~ , fJ" ~~.yf,.~ I; ... (ISOIIi;!" ; 'f 7 ~I GoA..2 (0 , '; 1I' /fi ---- ===::--...", '" ,.. " ,. .. ~ =- ~~. .: Z~. ~ It. t ,.DRIFTWILr..il,ANJ 'II' ",,' , II "'~"f'" ,,,I ~I ...; '-(S,t O,"'<G. 31:' , "8. 7 G: I ~ 10 <t. n ~I .~ ~ ," 9 f~ t i , , I I I i i I ! 1 - BUSINESSES LOCATED WITHIN ENCLAVE 24 1. Peter Pan Gifts and Sea Shells 2. Ocean Side Apartments (10 Units) 3. Cater's Furniture 4. Delray Auto Sales (U-Haul and Used Cars) 5. Sun Lighting and Electric Supply 6. Franks Furniture 7. Super Furniture 8. Super Dinnette 9. Mr. Tan & Mr. Tux 10. Wicker Oasis 11. Custom Cushions 12. Jewell's Auto Sales (Used Cars) 13. Delray Shopping Center a. Mr. Furniture b. Crown Liquors c. Discount Drugs d. Paragon Cleaners e. Ricks Gold Coast Pawn f. Gems & Junque (Consignment Antiques) g. Invalid and Hospital Supplies h. Pin - Hi Golf 14. Chevron Station 15. Ray Pulver Antiques 16. The Galeria, Fine Home Furnishings 17. Garrison Antiques 18. Delray Electric Supply 19. Russell Jennings (Electrical, Refrigeration, Air Conditioning Contractor) 20. Sir Speedy Print Shop 21. HorsePower Sales (Performance Auto Parts) 22. Delray Beach Nursury I 203 83.55 ENCLAVE 24 - Number of Parcels: Total Acreaqe: Assessed Value: 13,997,350 Estimated population: 430 GENERAL CHARACTER LEVEL OF SERVICE SUMMARY Enclave 24 conisca of 13.7 single Fire , EMS . . . . . . . . . . BU family reaidences, 26 vacant lots and Police . . . . . . . . . . . . . . C 16 mulCiple feaily dwelling units for Water . . . . . . . . . . . . . . . C,A&D a Cocal of 154 dwelling unics on Sewer . . . . . . . . . . . . . . . C 59.6 acre.. Th. area also includes Access . . . . . . . . . . . . . . A,B,FI C .7 acre. of induscrial us.. and Code Enforcement . . . . 0 8.56 acre. of co..ercial us.. ranging CUMULATIVE 0 from ga. stations co a hotel. . . . . . . . . . . -, LAND USE EVALUATION FINANCIAL EVALUATION d Proposed Zoninq . .CC,LI,ART,R-IA,RH REVENUES: Proper~y Tax: $ .83,984 .Plan Zoninq and Per Capita : 74,690 Use are Consistent ....... . Ve:. COlDlllercial 12.036 TOTAL: $17u,711 Zoning and City Plan are ConSistent, Use Becomes Nonconforming . . . . . Yes * EXPENDITURES: Operatinq . $ 111,564' . Use is AccommOdated Additional Throuqh a Zone Which is Operatinq : 5,871' Inconsistent with the Total Operating:t117,435 City Plan . . . . . . . . . . . . . . . . . Yes * 1 Capital: $150,000 Nwnber of Enacting' Ord. . . . C.I.P. COMMENT: COMMENT: * Ite.. 2 & 3 of consistency noted Annual operatlng includesapeclal above are ye. as the result of coat. for co...rclal uaea and mlno~'i~olace4 circumstances characcer of area~ wichin che enclave. Owners ..................See attachment Location ................Between U.s. 1 and the Intracoastal Waterway between Ridgewood Rd. and N.E. 8th St. Description .............See attachment. Enclave Size ............83.55 acres Jurisdiction ............Palm Beach County County Land Use Plan ....M-MH (Medium to Medium High Density Residential, 8 - 16 dwelling units per acre) with Commercial Potential and M-MH City Land Use Plan ......C (Commercial), MF-10 (Multiple Family, 10 dwelling units per acre), MF-M (Multi-Family Moderate Density), MF-H (Multi-Family High Density), SF (Single Family) County Zoning ...........CG (General Commercial), RH (Multiple f Family Residential, High Density) . Proposed City Zoning ....GC (General Commercial), LI (Light Industrial), ART (Agricultural Residential Transitional), RM (Medium to Medium High Density Dwelling District, 7 - 10 dwelling units per acre), R-1A (Single Family Residential) Current Use .............Commercial (16), Industrial (3), Single (properties) family (129), Duplexes (14), Triplexes (1) MUltifamily Residential (13), Vacant (23 Agricultural (3) Water Service ...........See text and attached map Sewer Service ...........See text and attached map ~; ~ .~ f I , ; 1 ITEM BEFORE THE BOARD: The action before the Board is consideration of annexation and City zoning of Enclave 24 (as described in the "Enclave Report, Implementation of the Delray Beach Enclave Act"). Action on this item is pursuant to the Delray Beach Enclave Act (Chapter 86-427, Laws of Florida). BACKGROUND: The City Commission approved the Enclave Report, containing the required "urban services plan", which was prepared pursuant to the Enclave Act. Upon acceptance of the report, the City Commission directed that the annexation process be initiated in a manner consistent with the recommendations of the Report. The subject property owners and adjacent property owners within 500' have been mailed letters of notification pursuant to the Act and the requirements of Section 173.886 (B), "Rezoning Requests" of the Delray Beach Zoning Code. ANALYSIS: r , ! , Enclave 24 is comprised of 201 parcels surrounded by properties which are incorporated within the City of Delray Beach, by unincorporated Palm Beach County, and by the Town of Gulf Stream. The Enclave does not extend northward, because the northern border of the Enclave is defined in the Enclave Act. Annexation of this Enclave will not cause the creation of an additional enclave(s) . The Enclave is characterized by old substandard subdivisions and a mix of commercial, mUlti-family, and single family land uses. There are three large undeveloped areas within the Enclave. Area A. adjacent property proposed Dwelling A 10.28 acre parcel on the north end of the Enclave to the Delray Beach Drive-in (Flea Market). This is a vacant abandoned trailer park which is to be zoned RM (Medium to Medium High Density District). Area B. A 6.55 acre area (two parcels) at the east end of Royal-Palm Boulevard, if extended. This area is designated' as M.S.A. 642-A, a Florida Inland Navigation District property, although the property records indicate private ownership. (Lots 11 - 24, Block A; Lots 12 - 24, Block B; and Block C of Palm Gardens Plat No.3) Area C. A 12.34 acre parcel at the east end of Lake Avenue's North and South which extends northward and is contiguous with the southern border of area B. J The Open Space and Recreation; Conservation; and Coastal Management Citizen Task Teams aiding the City's 1989 Comprehensive Plan development have referred to Areas Band C as having several potential development alternatives. Specific mention has been made of: 1. City purchase and development as a park conservation area, and/or marina, and 2. City, private or joint purchase and development as a mixed use development with a some mix of marina, park, commercial, and residential (multifamily and/or single family) uses. Areas A, B, and C are illustrated on the attached Specific Areas Map as are other areas mentioned below. The commercial area between Federal Highway and Old Dixie Highway is included in the City's Redevelopment Agency's planning and service area. The balance of the Enclave was added to the City's Redevelopment Agency's planning and service area in 1987 (Resolution 47-87, November 24, 1987), but the area has not been added to the Agency's Plan. t The Community Redevelopment Agency Finding of Necessity fo~ Revised CRA Boundary prepared for this expansion contained, several comments relative to the rationale for annexing this Enclave to the City. These comments referenced both commercial and residential blight, defective street conditions, and the need for redevelopment (commercial and residential). Enclave 24 was included in the City's County Pockets and Reserve Area Land Use Plan Amendment program in 1986. There was no. specific written analysis which accompanied that program. The Land Use Plan designations which resulted from the program are those reflected on the current Land Use Plan. There was no pUblic testimony directed toward the land use pla,n designations in Enclave 24. It is of particular interest that the areas of Enclave 24 designated as SF (Single Family) on the City's Land Use Plan were unchanged as a result of this program even though the County Land Use Plan designation was also M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/acre) at that time. ,.. LEVEL-OF-SERVICE. The Enclave Report evaluated Enclave 24 as having the following Levels-of-Service: Enclave 24 Fire & EMS B & 'E police C Water A, C, & D Sewer C Access A, B, C, & F Code Enforcement D CUMULATIVE D aj Fire and Emergency Medical Service are rated as Level-of-Service "B & E" because of the scattered availability of fire hydrants and the substandard condition of some of the roads in the Enclave. bj Police service is rated as a Level-of-Service "C" the need for additional manpower to patrol the area both it's geographic size as well as it's population. because of' because oft ,I , oj Water service is rated as Level-of-Service "A, C, & D" because of the scattered availability of service within the Enclave. Service is available to some properties, not available to others, and will be provided to some undeveloped properties via developer extension of existing lines. Some of the properties which have water service are feed by undersized lines which will require upgrading to provide fire protection capabili ties. Presently service is provided via the lines which are illustrated on the attached map and also listed below: 1. a 6" main on Palm Trail from N.E. 8th Street north to the south border of La Hacienda subdivision, 2. a 6" main on N.E. 9th Avenue from N.E. 8th Street northward to Bond Way, 3. a 6" main on N.E. 8th Avenue from N.E. 8th Street northward to Bond Way, 4. a 2" and 6" line on Federal Highway from N.E. 8th Street nor~hward past Allen Avenue, and 5. a 2" line on Dixie Highway from Royal Palm Boulevard northward approximately 800 feet, and southward to Lake Avenue. The City has just completed the extension/installation of water service down Allen Avenue with an extension northward along Palm Trail to serve an 8 unit apartment building. This line will eventually be extended southward to accommodate looping of the system. ~ ~ The Enclave Report estimated that extension of water service to the balance of the enclave will cost $163,000 to provide level of service "A" to the enclave. d) Sewer service is rated as Level-of-Service "C" because of'the scattered availability of service to properties within the interior of the Enclave. Existing sewer service is provided to portions of the Enclave and is available for extension to provide service to unserved portions of the Enclave. Presently service is provided via the lines which are illustrated on the attached map and also listed below: 1. a line on N.E. 9th Avenue from N.E. 8th Street northward to a p~int approximately 150 feet south of Bond Way, 2. a line on N.E. 8th Avenue from N.E. 8th street northward to a point approximately 50 feet south of Bond Way, 3. a private lift station approximately 200 feet south of Royal Palm Boulevard on Dixie Highway which presently provides service only to the owner. I The Enclave Report estimated that extension of sewer service t~ the balance of the enclave will cost $313,900 to provide level of, service "A" to the enclave. e) Access is rated as Level-of-Service "A, B, C, & F" because of the substandard condition of some. of the roads internal to the Enclave, and the lack of dedicated paved access to some of the properties within the Enclave. Federal Highway which bisects the western portion of the Enclave is paved and maintained by the State Department of Highways. Old Dixie Highway which borders the western edge of the Enclave is paved and maintained by Palm Beach County. Most of the streets within the Enclave are paved with chip seal to an acceptable width. Only a few sections of streets abutting existing development are not appropriately paved. These are: 1. Royal Palm Boulevard (substandard width and surface), 2. Palm Trail at the east end of Allen Ave. (substandard surface), and 3. Denery Lane (substandard surface). Several segments paved because right-of-way are of dedicated streets within the properties adjacent not developed. These are: the Enclave are not to the dedicated 1. Palm Trail (N.E. lOth Avenue) at the east end of Royal Palm Boulevard, (Area B), 2; Royal Palm Boulevard, eastern half, (Area B), and 3. the eastern ends and connecting street of Lake Avenues North and South, (Area C). There are two streets or paved private easements within the Enclave which provide undedicated access to deeded (unsubdivided) developed lots. These are: 1. Northward extension of N.E. 8th Avenue from it's dedicated terminus north of Bond'Way, and 2. Westward extension of Denery Lane from N.E. 9th Avenue, The Enclave Report estimated that to provide a level of service "A" for streets and drainage, the following expenditures would be required: paving ($351,150), sidewalks ($102,500), and drainage ($352,010) improvements for a total cost of $805,660. The cost estimates for street improvements in Enclave 24 include the resurfacing of the existing dedicated streets to a 20 foot width, and the paving of Royal Palm Boulevard and Palm Trail at the East end of Allen Avenue. The paved private easements are not provided for in the City's Plan as they are not public rights-of-way. f) Code Enforcement is rated as Level-of-Service "D" because of, the need for additional manpower, lack of previous enforcement by! Palm Beach CountYi and the variety of uses and the deteriorate~ condition of several properties within the Enclave. . , In spite of the apparent service deficiencies within Enclave 24, service is provided to the Enclave in a manner similar to that for similarly situated properties which are already in the City. A summary of the costs to provide Level-of-Service "A" to the Enclave as estimated in the Enclave Report are: Enclave 24 Water $163,000 Sewer 313,900 Fire Hydrants 12,000 Paving 351,150 Sidewalks 102,500 Drainage 352,010 TOTAL $994,560 The County land. use plan designates. the Enclave as M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/acre) with the properties abutting Federal Highway being designated M-MH (Medium to Medium High Density Residential, 8 16 dwellings/acre) with commercial potential. The existing County zoning is RH (High Density Multiple Family Residential District) for the areas designated M-MH on the land use plan and CG (General Commercial) for the areas designated M-MH with commercial potential. --- S . . ' ___d.. .... ,. . I The City of Delray Beach Land Use Plan designates the majority of Enclave 24 as SF (Single Family), with properties bordering Federal Highway designated C (Commercial), the abandoned/vacant trailer park on the north border of the Enclave designated MF-10 (Multiple Family, 10 dwellings/acre)and C (Commercial), and the southern edge of the Enclave designated MF-M (Multi-Family Moderate Density) in part and MF-H (Muti-Family High Density) in part. The recommended zoning for the majority of the Enclave is R-1A because of the substandard access and availability of utilities. The Planning Department has already received several calls for clarification of the proposed R-1A zoning from residents and property owners on Allen Avenue (Snow Hill Subdivision) and Denery Lane (Denery Lane Subdivision) and the effect of the R-1A zoning on existing duplexes and cottages in the Enclave. All of the R-1 Districts permit single-family dwellings and their customary accessory uses, including guest cottages. Duplexes are a permitted use in only the R-1A-C District. The lot dimensions and site areas in the R-1A and the R-1A-C districts are: District Area Width Frontage Depth R-1A 7,500 sq. ft. 60*/80** 60*/80** 100 ft. R-1A-C 8,000 sq. ft. 60*/80** 60*/80** 100 ft. ,! *Interior Lots **Corner Lots The setback regulations in the two districts are: Districts Front Side Interior Side Street Rear R-1A 25 ft. 7 1/2 ft. 15 ft. 10 ft. R-1A-C 25 ft. 7 1/2 ft. 15 ft. 10 ft. The only difference between the two districts is that the R-1A-C district minimum lot area is 500 square feet larger than the R-1A district and duplexes are permitted in the R-1A-C district and not the R-1A district. Representative minimum predominately single subdivisions within the minimum lot requirements and maximum lot sizes within family developed portions of Enclave and their relationship to are illustrated on the next page. the the the (y I t , I f . l t t J , I I f R-1A R-1A-C Width Lot Size Sq. Ft. Area Area Front. Depth Snowhill 50 X 127 6,350 N N N Y 47 X 107 5,029 N N N Y La Hacienda 50 X 144 7,200 N N N Y 50 X 150 7,500 y N N Y 58 X 117 6,786 N N N Y Denery Lane 63 X 101 6,363 N N Y Y 65 X 100 6,500 N N Y Y Kenmont 57 X 123 7,011 N N N Y 57 X 132 7,524 y N N Y 60 X 123 7,380 N N Y Y 54 X 157 8,478 Y Y N Y Only a few lots within the La Hacienda and Kenmont subdivisions meet the minimum lot area requirements for the R-1A District and only a few lots in the Kenmont Subdivision meet the minimum 8,000 square foot lot area for lots in the R-1A-C District, and these lots do not meet the minimum frontage requirement. I The R-1A, and R-1A-C zoning district, represent the smalles~ minimum lot sizes permitted in the City's single family zoning, districts. Given the failure of the majority of the lots within these subdivisions to meet the minimum requirements for development in the smallest lot single family districts, it would be most appropriate to maintain the recommended R-1A zoning. Section 173.097 of the R-1A Single Family District provides the following: On lots or parcels of record whose width or frontages do not meet the required minimum of 60 feet if an interior lot or 80 feet if a corner lot, but are not less than 50 feet if an interior lot or 70 feet if a corner lot, and which contain a minimum lot area of 6,000 square feet and have a minimum lot depth of 100 feet, a duplex structure shall be permitted, and the setbacks shall be as stated in Section 173.095 (the R-1A Single Family District). The majority of the lots in the subdivisions listed above therefore',ma-y qualify for duplex construction. It may'be difficult to convert many of the existing single family homes to duplexes based upon existing setbacks and Section 173.097 (B) (2). This Section requires each individual duplex unit and its portion of the lot or parcel it is located on, to be adjacent a public or private street, and have direct access thereto. SPECIFIC AREA ANALYSIS. There are several inconsistencies between existing County zoning and land use plan designations, and the City's land use plan designations, proposed zonings, and 7 existing uses. An individual analysis of each area of conflict is presented below. Area 1. The proposed zoning of the 10.28 acre abandoned/vacant trailer park (Area A) which comprises the northern boundary of the Enclave is inconsistent in part with the existing County zoning and the City and County land use plan designations. That portion of the property west of the Quarter section line is designated M-MH (Medium to Medium High Density Residential, 8 _ 16 dwellings/acre) with commercial potential on the County land use plan and C (Commercial) on the City's land use plan and is zoned CG (General Commercial) in the County. The proposed City zoning for the entire parcel is RM (Medium to Medium High Density Dwelling District). The property is presently unsubdivided and under one ownership. The Planning Department has been approached twice in the last 1 1/2 years with development proposals for mixed residential, commercial, and office uses on this property. The proposed RM zoning does not preclude the future commercial zoning of the portion of the property designated as commercial on the City's land use plan as long as the Land Use Plan designation remains- unchanged. The proposed zoning is intended to discourage the, possibility of sUbdividing and separating the commercial andc residential areas and encouraging further consideration of a unified mixed use development of the property. The mixed use' zoning would be based upon the existing commercial depth and estimates of the amount of commercial development which could reasonably occur on this commercially designated portion of the property. This would contribute to the redevelopment of the north Federal Highway corridor and also avoid further fragmented commercial development. Area 2. Three lots on Allen Avenue (Lot 6, Block A and Lots 6 & 7, Block B, Snow Hill Subdivision) are designated on the City and County land use plans as commercial and zoned commercial in the County but proposed for R-1A residential zoning. Lots 6 & 7, Block B are presently developed as a single family home (Lot 6) and a duplex (Lot 7). Lot 6, Block A is presently vacant and proposed for single family residential zoning because if it were allowed to develop as a commercial use access would be via Allen Avenue which at this point becomes a residential street. Lot 6, Block B presently faces a restaurant parking lot. Future rezoning ,proposals based upon the existing Land Use Plan designation should give consideration to the relationship of these lots to the existing commercial uses which' front on Federal Highway and balancing traffic impacts and accessways with the existing residential uses on Allen Avenue. An alternative to the future rezoning of this area for commercial uses is to examine the depth of the existing commercial land use plan designation in relation to existing uses as a part of the development of the City's 1989 Land Use Plan. F f ! ' ! I I I I Area 3. Three single family homes on a 1. 22 acre unsubdivided parcel at the south east corner' of Royal Palm Boulevard and Federal Highway comprise Area 3. The western 150 feet adjacent to Federal Highway is designated on the City and County land use plans as commercial, zoned commercial in the County, and is proposed for GC (Commercial) zoning in the City. The balance of the property is proposed for R-1A zoning, consistent with the City's land Use Plan designation of SF (Single Family). The existing residence is not a permitted use in the GC zoning district and will be subject to Section 173.825 Nonconforminq Lots, Uses. and Structures of the City Code. An alternative to zoning the property GC and R-1A would be to zone the entire property R-1A consistent with the existing uses of the property. Area 4. Lots 8 ,- 11, Block B of the Royal Palm Gardens Plat No. 3 and a 1.87 acre parcel contiguous to the south of Lots 8 - 11 comprise Area 4. The property is the location of the Delray Beach Nursery and is proposed for ART (Agricultural Residential Transitional) zoning. This conflicts with the M-MH County land use plan designation and County RH zoning. The zoning i~, compatible with the City's land use plan designation of SF, (Single Family) as the transition of the property from, agricultural to residential will be governed by the land use plan designation. The Enclave Act specifically precludes the City' from zoning out of existence, existing agricultural uses in the County upon annexation to the City. Thus the ART District was developed by the City and is appropriately applied in this situation. Area 5. Lots 3, 4 & 35, Block D and Lot 4. Block E of La Hacienda Subdivision are designated on the County land use plan and zoned in the County for commercial use. The City's land use plan also designates these lots for commercial, but the proposed zoning is R-1A (Single family Residential). Lot 35, Block D and Lot 4, Block E are each occupied by single family residential homes. A single family home, which is under one ownership, is also located on both Lots 3 & 4, Block D. Future rezoning proposals based upon the existing Land Use Plan designation should give consideration to the relationship of these lots to the existing commercial uses which front on Federal Highway and balancing traffic impacts and accessways with the existing r~dential uses on Lake Avenues North and South. An alternative to the future rezoning of this area for commercial uses is to examine the depth of the existing commercial land use plan designation in relation to existing uses as a part of the development of the City's 1989 Land Use Plan. Area 6. Lots 8 & 9, Block 1 Kenmont Subdivision are designated as commercial on both the City and County land use plans, and zoned commercial in the County. The Enclave Report initially (I f J i f j j , , f $ ! f t t proposed zoning these lots LI (Light Industrial) based upon the existing use. The existing uses of the property are Delray Electric supply, and Russell Jennings (Electrical, Air conditioning, Refrigeration Contractor). The owners presently store trucks overnight on site and store air conditioning ducts outside at the real: of the' property. The Zoning Code allows contractors offices in both the LI and GC Districts. Contractors storage yards are allowed in the LI District but not the GC District. Based up6n this more specific analysis, the Planning Comlllission may wish to consider zoning this Area GC (General Commercial) instead of LI given the Land Use Plan designation of commercial and the adjacent residential uses. This would cause the Outside storage to become a nonconforming use sUbject to Section 173.825 Nonconforming Lots, Uses. and Structures of the City Code. This may be preferable to zoning the property LI (Light Industrial) and opening the door for other industrial uses which are permi~ted the LI District. Area 7. Lots 8 and 9 (one ownership) and Lot 10, Block 2 of Kenmont Subdivision are designated as commercial on both the City and County land use plans, and zoned commercial in the County. Lots 8 & 9 are occupied by a single family residence and a. detached cottage/guest house. A single family residence i~ located on Lot 10. , , The proposed R-1A zoning is consistent with the existing uses of' the lots. Future rezoning proposals based upon the existing Land Use Plan designation should give consideration to the relationship of these lots to the existing commercial uses which front on Federal Highway and on the north side of Bond Way adjacent to these lots, and balancing traffic impacts and accessways with the existing residential uses Bond way to the east. An alternative to the future rezoning of this area for commercial uses is to examine the depth of the existing commercial land use plan designation in relation to existing uses as a part of the development of the City's 1989 Land Use Plan. Area 8. Lots 12 15, Block 2, of Kenmont Subdivision are designated M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/acre) on the County land u~e plan and MF-H (Muti-Family High Density) on the City land use plan, and is zoned RH '.(High Density Multiple Family Residential District) in the County. Each of these lots is occupied by a single family residence. Lots 14 & 15 are owned and developed at right angles to the manner in which the lots were platted. The proposed zoning is R-1A (Single Family Residential) which is not inconsistent with the land use plan designations, and is consistent with the existing uses on each of the lots. Consideration should be given in the development of the City's 1989 Comprehensive Plan and Land Use Plan to redesignating these lots as SF (Single Family). If'; 1 I ./ , i , . t f i Area 9. Lots 17 - 25, Block 2, of Kenmont Subdivision are designated M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/acre) on the County land use plan and MF-H (Muti-Family High Density) on the City land use plan, and are zoned RH (High Density Multiple Family Residential District) in the County. Lots 17 - 19 are under . two ownerships (Lot 18 equally divided between the two) and each is occupied by a single family home. Lots 20, and 23 - 25 are each occupied by a single family residence. Lots 21 & 22 are under a single ownership and this parcel is developed as a single duplex. The proposed zoning for this area is R-1A (Single Family Residential) which is inconsistent with the land use plan designations but consistent with the existing uses on each of the lots. Consideration should be given in the development of the City's 1989 Comprehensive Plan and Land Use Plan to redesignating these lots as SF (Single Family). Area 10. An 8 unit apartment complex ( Swaray Apartments) is located on Lot 13, Block 1, Kenmont Subdivision. This lot is designated M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/acre) on the County land use plan and SF (Single- Family Residential) on the City land use plan, and is zoned RHr (High Density Multiple Family Residential District) in the, County. ' The proposed zoning for this area is R-1A (Single Family Residential) which is consistent with the City land use plan designation, but inconsistent with the County land use plan designation, County zoning and the existing use of the lot. The existing 8 units on the .2 acre parcel equals a density of 40 dwelling units per acre which far exceeds any permitted density within the City. Given that this property is surrounded by single family residences, any zoning other than an R-1 Single Family District would constitute a spot zoning, which is inappropriate. Therefore, it is most appropriate to zone the property to the recommended R-1A District. This will cause the existing use to become a nonconforming use subj ect to Section 173.825 Nonconforminq Lots, Uses, and Structures of the City Code. Area 11. A 13 unit apartment complex (Intercoast Apartments) is located on Lots 8 - 11, Kenmont 1st Addition Subdivision. The area is bisected by Witherspoon Lane into two parcels of approximat~ .48 acres each. This area is designated M-MH (Medium to Medium High Density Residential, 8 16 dwellings/acre) on the County land use plan and MF-M (Muti-Family Moderate Density) on the City land use plan, and is zoned RH (High Density MUltiple Family Residential District) in the County. The proposed zoning for this area is RM (Medium to Medium High Density Dwelling District) which is consistent with the land use plan designations but not the existing use of the area. The II I i I ! ! f existing 13 units on the .95 acre parcel equals a density of 14 dwelling units per acre. Therefore the property is considered nonconforming and will be subject to Section 173.825 Nonconforminq Lots, Uses, and Structures of the City Code. Area 12. A 13 unit apartment complex (Costa Del Oro) is located on Lots 26 - 28, Block 2, Kenmont Subdivision. This area is designated M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/acre) on the County land use plan and MF-M (Muti-Family Moderate Density) on the City land use plan, and is zoned RH (High Density MUltiple Family Residential District) in the County. The proposed zoning for this area is R-1A (Single' Family Residential) which is inconsistent with the land use plan designations and the existing use of the lot. This is the result of a clerical error in the Enclave Act database and consideration should be given to zoning this property more consistent with the existing use given the MF-M City land Use Plan designation. The existing 13 units on the .58 acre parcel equals a density of 22 dwelling units per acre which far exceeds any permitted density within the City. The most appropriate zoning district would' be the RM (Medium to Medium High Density Dwelling District) whic~ most closely approximates the true use of the' property and illl consistent with the City Land Use Plan designation. The RbI. District permits multiple-family projects with a range of 7 to 10 units per acre. The existing density exceeds that permitted by the zoning district, therefore the property is considered nonconforming and will be subject to Section 173.825 Nonconforminq Lots, Uses, and Structures of the City Code. Area 13. An 8 unit apartment complex (Unnamed) is located on Lots 25 - 27, Block A, Snow Hill Subdivision. This area is designated M-MH (Medium to Medium High Density Residential, 8 - 16 dwellings/ acre) on the County land use plan and SF (Single Family Residential) on the City land use plan, and is zoned RH (High Density Multiple Family Residential District) in the County. The proposed zoning for this area is R-1A (Single Family Residential) which is consistent with the City Land Use Plan designation but not the existing use of the area. Consideration should be given to zoning this property consistent with the existing use. The existing 8 units on the .43 acre parcel equals a density- -of 19 dwelling units per acre which far exceeds any permitted density within the City. Given that access to the apartments is via Allen Avenue, a single family residential street (a situation which is strongly discouraged), and that the property is surrounded on three sides by property which is designated as SF (Single Family) on the City's Land Use Plan, any zoning other than an R-1 Single Family District would constitute a spot zoning, which is inappropriate. As the density exceeds any permitted by the City Zoning Code, the use would be nonconforming in any District in which it were zoned. Therefore, I:; ! I f I' .. t t I i I I, it is most appropriate to zone the property consistent with the SF (Single Family) Land Use Plan designation, which is the recommended R-1A District. The existing use is not a permitted use in the recommended R-1A district, therefore the property will be considered nonconforming and will be subject to Section 173.825 Nonconforminq Lots. Uses, and Structures of the City Code. Area 14. A 4 unit apartment complex is located on Lots 21 & 22, Block B, Snow Hill Subdivision. This area is designated M-MH (Medium to Medium High Density Residential, 8 16 dwellings/acre) on the County land use plan and SF (Single Family Residential) on the City land use plan, and is zoned RH (High Density Multiple Family Residential District) in the County. The proposed zoning for this area is R-1A (Single Family Residential) which is consistent with the City land use plan designation, but inconsistent with the County land use plan designation, County zoning and the existing use of the lot. The existing 4 units on the .32 acre parcel equals a density of 12.5 dwelling units per acre which equates to either the RH, or' RM-15 zoning districts. Given that this property is surrounde~ by single family' residences, any zoning other than an R-1 Singl~ Family District would constitute a spot zoning, which is, inappropriate. Therefore, it is most appropriate to zone the property to the recommended R-1A District, consistent with the City Land Use Plan designation. This will cause the existing use to become a nonconforming use subject to Section 173.825 Nonconforminq Lots, Uses,' and Structures of the City Code. SUMMARY OF SPECIFIC AREA ANALYSIS: The result of this specific area analysis is that two areas are recommended for different zonings than initially proposed, and five areas are recommended for reconsideration of land use plan designations concurrent with development of the City's 1989 Comprehensive plan and Land Use Plan/Element (see attached Alternative Zoning and Land Use Plan Designation Map). In summary these Area alternatives are: Area 3, the western 150 feet to R-1A consistent with the existing use instead of the initially recommended GC which would be consistent with the existing County zoning and Land Use Plan designation~-and the City's Land Use Plan. Area 6, to GC to comply with the City Land Use Plan, County Land Use Plan, and existing County zoning thereby discouraging development of other uses allowed in the initially recommended LI District (based upon existing use). Areas 2, 5, and 7 are recommended for .consideration of revised Land Use Plan designations from C (Commercial) to SF (Single Family) consistent with the existing single family use concurrent with the City's development of it's 1989 Land Use Plan. /? I :F~ '11 i 1 , I , ; ~ Areas 8 and 9 are recommended for consideration of revised Land Use Plan designations from MF-H (Multi-Family High Density) to SF consistent with the existing single family use concurrent with the City's development of it's 1989 Land Use Plan. The City and County land use plan designations, existing County zoning, initially proposed City zoning and alternative City zonings are illustrated on the attached maps. Section 173.888 sets forth seventeen standards for evaluating rezoning requests for which the Planning and Zoning Board and the City Commission shall make written findings indicating that the proposed change has been studied and considered in relation to said standards. These seventeen standards are attached to this report. The Planning and Zoning Department has reviewed the proposed zoning against the seventeen standards. There are a few conflicts with these seventeen standards which are: Standard (1). The recommended zonings are contrary to the City' Land Use Plan in the case of recommended R-1A zonings in areas I designated C (Commercial), but do not create an adverse effect onl the Plan. (Areas A, 2, 3, 5, and 7). Standard (2). The recommended zonings are contrary to existing land use pattern in Areas 10, 11, 12, 13, and 14, the single family areas containing duplexes and recommended R-1A zoning. However, the recommended zonings are consistent the City Land Use Plan and in the case of the R-1A area existing lot sizes. Standard (14). The properties in Enclave 24 cannot be used in accord with existing zoning as the existing zoning is County and annexation causes zoning authority to shift to the City. In the case of the what may be perceived as under zoning or down zoning of properties, the recommended zonings are based upon the City's Land Use Plan designations. The City Land Use Plan sets the precedence for all City zonings. the and for with the The balance of the findings are: Standard (3). The proposed zonings do districts unrelated to adjacent and nearby create spot zonings. Standard (4). The proposed zonings will not alter the population density pattern. not create isolated districts and do not Standard (5). The present boundaries of the Land Use Plan (in lieu of existing City zoning lines) are not illogically drawn in relation to the existing conditions in the Enclave. However, the depth of the commercial designation along the east side of It..; J i ~ f , ~f , ; f ~ I I i f f Federal Highway should be examined in relation to eXisting uses and the character of the adjacent single family residential streets during the City's development of the 1989 Comprehensive Plan and Land Use Plan/Element. Standard (6). Changing conditions have not made these proposed zonings necessary unless the change is considered to be the City's annexation of the Enclave. Standard (7). The proposed zonings will not adversely influence living conditions in the neighborhoods of the Enclave. Standard ( 8) . The proposed zonings will not create or excessively increase traffic congestion or otherwise negatively affect public safety. Standard (9). 'The proposed zonings will not create a drainage problem. Standard (10). The proposed zonings will not seriously reduce light and air to adjacent areas or to areas within the Enclave. Standard (11). The proposed zonings will not affect propertYI values in the adjacent area or within the Enclave. The majoritYI of the properties do not qualify for' additional development or, residential units based upon the existing lot areas and dimensions. Standard (12). The proposed zonings should not be a deterrent to the improvement of adjacent property in accord with existing regulations. Standard (13). The proposed zonings do not constitute a grant of special privilege to an individual owner as contrasted to the public welfare. Standard (15). The proposed zonings are not out of scale with the needs of the neighborhoods or the City. Standard (16). It is not impossible to find other adequate sites in the City for the proposed use in the zoning districts already allowing such uses, but the proposed changes are the result of annexation of the Enclave, not of a specific development proposal. Standard (17). Sufficient evidence has been presented to. justify the need for the changes, in this staff report and the available documentation of the Enclave Act, the Enclave Study and the records pertinent thereto. For informational purposes, a copy of the Enclave Report summary sheet 'for this enclave is attached to this report. ! RECOMMENDED FINDINGS: 1. That the annexation of Enclave 24 will not create an enclave(s). 2. That service will be provided to this Enclave in a manner similar to that for similarly situated properties which are already in the City. 3. That the proposed zonings of ART (Agricultural Residential Transitional), R-1A (Single Family Dwelling District), RM (Medium to Medium High Density Dwelling District), GC (General Commercial), LI (Light Industrial), and are consistent with the adjacent zoning and complies (does not conflict) with the majority of the seventeen standards for evaluating rezoning requests as found in Section 173.888. There is a sound basis for the conflicts, with the standards, which do exist. 4. The proposed zonings of ART (Agricultural Residential Transitional), RM (Medium to Medium High Density Dwelling District), GC (General Commercial), LI (Light Industrial), are consistent (do not conflict) with tne ,! existing County zonings of RH (Multiple Family Residential District, High Density), and CG (General Commercial) and the existing uses of the properties except as noted. 5. The proposed zoning of R-1A (Single Family Residential) is inconsistent (conflicts) with the existing County zonings of RH (Multiple Family Residential District, High Density), and in some cases as noted such as the CG (General Commercial) County zoning, but most closely approximates existing uses of the properties as noted and/or is consistent with the City's Land Use Plan. 6. The proposed zonings are consistent (do not conflict) with the City's land use plan designations of SF (Single Family), MF-10 (Multiple Family, 10 dwellings/acre), MF-M (Multi-family Residential, Moderate Density), MF-H (Multi-family Residential, High Density), and C (Commercial), for the Enclave. ALTERNATIVE ACTIONS: 1. Recommend approval of the rezoning and annexation of Enclave 24 as initially proposed. 2. Recommend approval of the rezoning and annexation of Enclave 24 as initially proposed and undertake City initiated rezonings for the areas which should be zoned differently than the initially recommended zoning, immediately upon completion of the annexation. . 1 f. I I 3. Recommend approval of the rezoning and annexation of Enclave 24 as alternatively proposed. 4. Recommend denial of the rezoning and annexation of Enclave 24. RECOMMENDATION: By motion, recommend that the City Commission approve the annexation of Enclave 24 subject to alternative action *2 above. , I ~ , l '-~ ,. .'. " J ORDINANCE NO. 146-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY NORTH OF THE L-37 CANAL, IMMEDIATELY EAST OF VERONA WOODS, AND 450 FEET WEST OF THE E-4 CANAL, LYING NORTH AND SOUTH OF GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the Legislature of the State of Florida passed the De1ray Beach Enclave Act, Chapt~r 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the De1ray Beach Enclave Act, the City of De1ray Beach called for a referendum of those qualified electors within the City of De1ray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS. the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS. the City of De1ray Beach has prepared an Enclave Report outlining the City's plan for implementation of the De1ray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, the City of De1ray Beach has heretofore been authorized to annex lands in accordance with the De1ray Beach Enclave Act, NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of De1ray Beach. Palm Beach County, Florida, hereby annexes to said City the folloWing described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: PARCEL "A" Lots 1 through 12, inClusive. and WOODVUE,' according to the Plat recorded in Plat Book 37, Page 19, Public Records of Palm Beach County, (lYing within Section 30, Township 46 Range 43 East). Lot A. thereof of the Florida South, 10 '. \ , \~ PARCF.L "H" The West Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter lYing north of Germantown Road, within Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida. The subject property is located immediately north of the L-37 Canal, immediately east of Verona Woods, and 450 feet west of the E-4 Canal, lying north and south of Germantown Road. The above described parcels contain a 16.81 acre parcel of land, more or less. ~jon 2. That the boundaries of the City of Delray Beach. Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section ~ That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinanoe and the tract of land hereinabove described as Parcel "A" is hereby declared to be in Zoning District R-1AAA (Single Family Dwelling) as defined by eXisting ordinances of the City of Delray Beach, Florida. Section 4. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District ART (Agricultural Residential ~ransitional) as defined by eXisting ordinances of the City of Delray Beach, Florida. ~ion 5. That the land hereinabove described shall immediately become subject to all of the franchises, priVileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 6. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like. unless otherwise speoifically initiated by the City pursuant to current require- ments and conditions. Section ~ That all ordinances or pa~ts of ordinances in conflict herewith be. and the same are hereby repealed. aectJon ~ That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence. or word be declared by a Court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall beoome effective immediately upon passage on second and final reading. . - 2 - Ord. No. 146-88 \--.J ~ PASSED AND ADOPTED in regular 5e5~ion on second and final reading on this the day of , 1988. MAY 0 R ATTEST: City Clerk First Reading Second Reading : - 3 - Ord. No. 146-88 - '{ PLANNING B CITY OF OELRAY ZONING BOARD BEACH ~7 --- STAFF REPORT MEETING rnTE: October 24, 1988 AGENDA ITEM: II, B. ITEM : 69 Consideration of Annexation and Rezonincr fn'l" li'n..1<!1..... SEE ATTACHMENT , . r GENERAL DATA: Owners ..................5ee attachment. Location ....,....,..,.,.Immediately north of the L-37 Canal, immediately east of Verona Woods, and 450 feet west of the g-4 Canal. Description .............See attachment. Enclave Size ............16.81 acres Jurisdiction .,..."..,.,Palm Beach County County Land Use Plan ,...L-H (Low to Medium Density Residential, 3-8 dwelling units per acre) City Land Use Plan ".".SF (Single Family), ART (Agricultural Residential Transitional) County Zoning ,.....,....RT (Residential Transitional District) Proposed City Zoning ..,.R-1AAA (Single Family Dwelling District), ART (Agricultural Residential Transitional) Current Use ..".,.,.,...Single family (10), Vacant (4), Nursery (1), Road (1) Water Service ...........Existing 8" I1ne on Germantown Road Sewer Service ...........Exlstlnq 8" line adjacent to the enclave on the west 10 1 t 1 ITEM BEFORE THE BOARD: The action before the Board is consideration of annexation and City zoning of Enclave 69 (as described in the "Enclave Report, Implementation of the Delray Beach Enclave Act"). Action on this item is pursuant to the Delray Beach Enclave Act (Chapter 86-427, Laws of Florida). . BACKGROUND: The City commission approved the Enclave Report, containing the required "urban services plan", which was prepared pursuant to the Enclave Act. upon acceptance of the report, the City commission directed that the annexation process be initiated in a manner consistent with the recommendations of the Report. The subject property owners and adjacent property owners within 500' have been mailed letters of notification pursuant to the Act and the requirements of Section 173.885 (B), "Rezoning Requests" of the Delray Beach Zoning Code. HISTORY: The planning and Zoning Board previously considered this Enclave at its meeting of April 18, 1988 at which time numerous questions, including questions regarding water and sewer extension policy were forthcoming. After two continuations to the May 23rd and June 27th Planning and Zoning Board meetings, the item was withdrawn by the Planning Department to allow for further definition of these policies and to permit the renotification of owners and adjacent property owners due to the repeated continuation of the Enclave annexation. ANALYSIS: Enclave 69 is comprised of 15 parcels (16.81 acres) surrounded on all sides by properties which are incorporated within the City of Delray Beach. The enclave consists of a 12 lot single family residential area (Woodvue Subdivision) with 8 large homes, and 4 vacant lots, and an agricultural (nursery) lot of approximately 1 acre located on the north side of Germantown Road. Annexation of this property will not cause the creation of an additional enclave ( s ) . Water is available from an 8" water line along Germantown Road. Sewer service is available from an 8" line on the west of the enclave adjacent to the east side of Verona Woods. This line ties into a lift station in Andover to the south. The enclave is presently served by wells and septic tanks. The Enclave Report estimated that the extension of water ($118,870) and sewer ($110,385) would cost a total of $229,255. As Greenbriar Drive is a private street, easements for the extension of water and sewer lines would be required. Germantown Road adjacent to the enclave is paved to a substandard width, and is under the jurisdiction of Palm Beach County. Greenbriar Drive within the Woodvue subdivision is a private street. The Enclave Report evaluated the level of service for access as "B". standards, estimated only sidewalks ($9,500) . and drainage ($20,800) improvements would be required. Pursuant to the City's" Enclave" report, this specific property will receive a cummulative Level of Service "C", and is flagged having an overall standard of development less than full City standards. This is due to the lack of sewer and City water to the enclave, but an immediate need for infrastructure is not demonstrated. Extension of water and sewer service would not be required unless or until indicated via a demonstrated health risk or Palm Beach County Health Department order. The current City Land Use designation for this area is (SF) Single Family. The agricultural parcel located on the north side of Germantown Road has a designation of (ART) Agricultural Transitional Residential. The proposed zonings of R-1AAA and ART are compatible with the City Land Use Plan designation and adjacent zonings of PRD-10 (Planned Residential District, 10 dwellings/acre; The Crosswinds), R-1AA and R-1AAA and the existing surrounding uses. The recommended zonings are compatible with the existing County RT (Residential transitional) zoning of the enclave, and the County land use plan designation of L-M (Low to Medium Density Residential, 3-8 dwellings/acre). Section 173.888 sets forth seventeen standards for evaluating rezoning requests for which the Planning and Zoning Board and the City commission shall make written findings indicating that the proposed change has been studied and considered in relation to said standards. These seventeen standards are attached to this report. The Planning and Zoning Department has zoning against the seventeen standards. conflicts between the standards and the property. reviewed the proposed There are no apparent proposed zoning of the For informational purposes, a copy of the Enclave Report summary sheet for this enclave is attached to this report. RECOMMENDED FINDINGS: 1. That the annexation of Enclave 69 will not create an enclave (s) . 2. That service will be provided to this property in a manner similar to that for similarly situated properties which are already in the City. 3. That the proposed zonings of R-1AA and ART are compatible 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 compatible (does not conflict) with the existing County zoning of RS (Residential Single Family) or the existing use (single family home, vacant, and agricultural/nursery) of the property. 5. The proposed zoning is compatible (does not conflict) with the City's Land Use Plan designation of SF (Single Family) and ART (Agricultural Residential Transitional) for the property. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the rezoning and annexation of Enclave 69. 3. Recommend denial of the rezoning and annexation of Enclave 69. RECOMMENDATION: By motion, recommend annexation of Enclave ART. that the City Commission approve 69 with a initial zonings of R-1AAA the and i. 11~87 EN~LA VE ACT STUDY MAP: \ ~ EAA-S .... Il EAJl-4 " 7 f ~ fI ~ .~ 0-260. ~ Tel tZllan , Annexa t I on I~ II St j I I (p II! Portion of Enclave 69 (0-260) annexed May 24,1988 (lJf BY: Sp ~ ()f[J(EIJ BY: SV q lJO I ~ L . ---------.- -- - - -. ---.-------------.-----.-- i\; \ . ~,- ORDINANCE NO. 147-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 AND 2. DELRAY BEACH SHORES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23. PAGE 167. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF STATE ROAD A-I-A AND NORTH OF LINTON BOULEVARD. BETWEEN RHODES VILLA AVENUE AND DEL HAVEN DRIVE: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of t~he State of Florida passed the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act. with said referen- dum held on November 4. 1986, in conjunction with a general election for Palm Beach County, Florida; and. WHEREAS, the referendum held on November 4, 1986. was approved by a single majority vote of saId qualified electors: and; WHEREAS. the City of Delray Beach has prepared an Enolave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and. WHEREAS. the Citv of Delrav Beach has heretofore been authorized to annex lands in accordance 1-1ith the Delray Beach Enclave Act. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Section 1. That the City Commission of the Delray Beach, Palm Beach County. Florida. herebv annexes Citv the following described land located in Palm Beach Florida, which lies contiguous to said City to-1-1it: City of to said Countv. Lots 1 and 2, DELRAY BEACH SHORES. according to the Plat thereof reoorded in Plat Book 23. Page 167. of the Publi~ Records of Palm Beach County, Florida (lYing within Section 21. Township 46 South, Range 43 East). The subject property is located on the west side of State Road A-I-A ,and north of Linton Boulevard. between Rhodes Villa Avenue and Del Haven Drive. The above described parcel contains a 0.78 acre parcel of land, more or less. JI ! '-------' ~ion 2. That the boundaries of the City of Delray Beach, Florida. are hereby redefined to include therein the above-desoribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Seotl.QU.....3...,_ That Section 173.886 of t.he Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-IAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. Section~. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities. debts. obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Sectio~ That this annexation of the subject proper- ty, including adjacent roads. alleys, or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant t.o current require- ments and conditions. Secti~6~ That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affeot the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. fuillt.il:>.n_li,.. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of _____"_'''' on second and , 1988. MAYOR -'-'------'--'-......0_..___..------.-.- ATTEST: City Clerk First Reading ___.., Second Reading - 2 - Ord. No. 147-88 .", ~LANNING B ~ONING BOARD CITY OF DELRAY BEACH .... STAFF REPORT MEET ING DATE: October 24, 1988 AGENOA..1TEM: II. D. ITEM: Consideration of Annexation and City Zoning for Enclave 71 ~ ._, -- 1 71. o \> II I f" , I if I' ,: : I J i ; ! / , . . . . I . . , I \:) ~t .to'" GENERAL DATA: OWners ...."..,.........Palm Beach County Governmental Center Location ...,.".........Immediately west of State Rd..A-l-A and north of Linton Blvd. between Rhodes Villa Av. and Del Haven Dr. Description ,.,.,.,......12434621150000010 Lots 1 & 2 as in OR 2130, p. 1278, in Section 21, Township 46, Range 43 Enclave Size ......,...,,0.78 acre Jurisdiction .,..........Questionable County Land Use Plan "..M-MH (Medium to Medium High Density Dwelling, B - 16 dwellings/acre), City Land Use Plan ......R (Recreation and Open Space) County Zoning ".........PO (Public OWnerShip District) Proposed City Zoning ,."R-1AA (Single Family Residential District) Current Use .............Beach Parking Water Service ...........Not at issue Sewer service ...........Not at issue 17 I i , I I @~ II ITEM BEFORE THE BOARD: The action before the Board City zoning of Enclave 71. the Delray Beach Enclave Act is consideration of annexation and Action on this item is pursuant to (Chapter 86-427, Laws of Florida.). BACKGROUND: The City Commission approved the Enclave Report, containing the required "urban services plan", which was prepared pursuant to the Enclave Act. Upon acceptance of the report, the City Commission directed that the annexation process be initiated in a manner consistent with the recommendations of the Report. The subject property owners and adjacent property owners within 500' have been mailed letters of notification pursuant to the Act and the requirements of Section 173.886 (B), "Rezoning Requests" of the De1ray Beach Zoning Code. ANALYSIS: Enclave 71 is comprised of one parcel (.78 acres) surrounded on four sides by properties which are incorporated within the Cit~ of Delray Beach. The Enclave Report did not address this Enclav~ as the Palm Beach County Tax Rolls list the property as incorporated (12 prefix). However, during consideration of neighboring Enclaves 40 and 42 the City Clerk notified the planning Department that there was no record of the property having been annexed into the City. The property is owned by Palm Beach County and leased by the City as a parking lot for Atlantic Dunes Park. Annexation of this property will not cause the creation of an additional enclave(s). Water and facilities facilities sewer service are not an issue as there are no existing or proposed for the parking lot. Restroom are provided in the Park. The streets (Rhodes Villa Avenue and A-1-A/Ocean Boulevard) adjacent to the enclave are paved to City standards. State Road A-1-A is maintained by the Florida Department of Transportation. The proposed zoning for Enclave 71 is R-1AA (Single Family Residential) as a result of the outcome of the City's consideration and annexation of Enclave 43, a vacant parcel also designated R (Recreation) on the City's land use plan and also adjacent to developed single family lots. The residents adjacent to Enclave 43 expressed a distrust of the City and the possible uses allowed in the more appropriate CF (Community Facilities) zoning district, therefore Enclave 42 was zoned R-1AA. The option of CF zoning for Enclave 71 could be considered by the Board if so desired. The recommended zoning of R-1AA (Single Family Residential) for Enclave 71 is consistent with the existing City R-1AA zoning to the north, west, and south and RM-15 (Multiple Family Dwelling District) zoning to the east and the City's land use plan designation of R (Recreation) given the existing use and pUblic ownership. The proposed zoning does not conflict with the existing County Zoning of PO (Public OWnership District) or the County land use plan designation of M-MH (Medium to Medium High Density Dwelling, 8 - 16 dwellings/acre). Section 173.888 sets forth seventeen standards for evaluating rezoning requests for which the Planning and Zoning Board and the City Commission shall make written findings indicating that the proposed change has been studied and considered in relation to said standards. These seventeen standards are attached to this report. The Planning and Zoning Department has zoning against the seventeen standards. conflicts between the standards and the property. reviewed the proposed There are no apparent proposed zoning of the RECOMMENDED FINDINGS: 1. That the annexation of Enclave 71 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 (Single Family Dwelling District) 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 conflict) with the existing County zoning of PO (Public OWnership District) or the existing use (Public Parking Lot) of the property. 5. The proposed zoning is consistent (does not conflict) with the City's land use plan designation of R (Recreation) for the property given it's existing use and public ownership. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the rezoning and annexation of Enclave 71. 3. Recommend denial of the rezoning and annexation of Enclave 71. RECOMMENDATION: By motion, recommend that the City Commission approve the annexation of Enclave 71 with an initial zoning of R-1AA. .'. , ~ f ORDINANCE NO. 148-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AMENDING CHAPTER 101. "PARKS, BEACHES. AND RECREA- TION", SECTION 101.35, "STORING BOATS", SUBSECTION (Fl. OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY IN- CREASING THE PERMIT FEE FOR STORING BOATS IN THE AREA DESIGNATED ON THE MUNICIPAL BEACH; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ,OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: Sent.ion 1. That Chapter 101, "Parks, Beaches, and Recreation", Section 101. 35, "Storing Boats", Subsection (F), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) The permit fee to be submitted with the application shall be ~rrg/ ~~~ hU~~~~d fifteen dollars and fi___ ____s ($115.501. J j Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any pOrtion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. : I Section 4. That this ordinance shall become effective immediately upOn passage on second and final reading. j PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1988. j MAYOR j ATTEST: City Clerk j I First Reading Second Reading I~ t ORDINANCE NO. 149-88 AN ORDINANCE OF THE CITY COMMISSION OF .THE CITY OF DELRAY BEACH. FLORIDA. AMENDING CHAPTER 92. "BOATS AND BOATING". OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH. FLORIDA. BY AMENDING SECTION 92.33. "DOCKAGE RATES", PROVIDING FOR RATES AND CHARGES FOR DOCKAGE AT THE CITY MARINA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: .Section City of to read Section 1. That Chapter 92. 33, "Dockage Rates", of the Delray Beach, Florida, be. and as follows: 92, "Boats and Boating.", Code of Ordinances of the the same is hereby amended Section 92.33 DOCKAGE RATES . . (A) Schedule. The rates for dockage at the city marina shall be in accordance with the following schedule: (1) Day-to-day dockage, per foot per day, without regard to whether or not people may be living on board or not, $I'~I $.43. (2) Monthly contracts. (a) Of less than four months' duration: 1. Dock use only. per foot per day, $/'lf11 $,27. 2. If boat will require electrical or water service. per foot per day, U7fJI $.31. (b) Monthly contract renewals are subject to $100.00 deposits. (3) Monthly contracts. 1 (a) Of four months' durat.ion or longer: 1. Dock use only. per foot per day. $.22. -. 2. People living on board during dockage. with 110-volt hookup, per foot per day. $IZ~I ~~ 3. People living on board during dockage with 220-volt hookup. per foot per day. $IZf11 $.?7. (b) A monthly contract of four months' duration or longer requires first and last months' rental in advance. (4) Minimum per day. The rates set forth shall be calculated based on the length of a boat: however, there is lished a minimum charge per day for category based on an assumed length feet. above actual estab- each of 35 l~ . -~~ r ( I (B) Services included for persons living aboard. Upon payment of the proper fees set forth above. persons living aboard while docked in the city marina will be furnished. at no additional charge. electricity, water, garbage collection. and shower facilities, (C) Due date; penalty for delinquency. All rental fees must be received by the ftts~ tenth of each month. ~~.~es/f~t/~~t~~/~~ete/.te/teHt.Xsll~H~.t~ ~y/t~e/teHt~//~f/twell~~Ht~/.te//s~~Je~~/t~//~etHg Xe.se~/I.~//tWe//ftts~//~f//t~e//f~XX4~tHg//~~HtWI Further. a $25.00 late fee shall be imposed for those payments not postmarked by the tenth of each month. Sentlon 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3, That should any section or provision of this ordinance or any portion thereof, any paragraph. sentence. or wo~d be declared by a Court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. . Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of . 1988. MAY 0 R ATTEST: City Clerk J First Reading Second Reading - 2 - Ord. No. 149-88 0RDINN.CE NO. 150-88 p_N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 3-84, PERTAINING TO A 40.73 ACRE PARCEL OF LAND, PRESENTLY ZONED TO THE "SPECIAL ACTIVITIES DISTRICT" (SAD) AND LOCATED NORTH OF LAKE IDA ROAD, BETWEEN THE E-4 CANAL AND N. W . 8TH AVENUE, SAID LAND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO PROVIDE FOR F.XTENSION OF CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Commission in Ordinance No. 3-84 zoned the property to the "Special Activities District" (SAD) and approved a conditional use and site and development plan subject to conditions; and, WHEREAS, the Ordinance No. )-84 provided that the approval was limited to twenty-four months (24) from the date vlhen all other approvalS for required City building permits have been received; and, WHEREAS, the conditional use and site and development plan granted pursuant to Ordinance No. 3-84 have expired; and, WHEREAS, the City Commission, pursuant to City ordinances, wishes to ex~end the time for expiration of the conditional use and site and development plan approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Ordinance No. 3-84 is hereby amended by repealing section 4 of Ordinance No. 3-84, and enacting a new time limit on the conditional use and site and development plan approval as follows: The site and development plan and conditional use granted pursuant to Ordinance No. 3-84 is hereby extended for 18 months from the effective date of this ordinance, subject to the following additional condition: The property owner shall provide a traffic study to the City no later them six months after notification of conceptual approval of the project by South Florida \~ater Management District. The traffic study shall be in a form as required by the City and the developer shall become responsible for all off-site street improvements required by the City COlrnnission as are reasonably related to impacts of the development. Section 2. All other terms and conditions contained in Ordinance No. 3-84, not in conflict herewith, remain in full force and effect. Section 3, That this ordinam:e shall become effective ten days after passage on second and final reading. ILf PASSED AND ADOPTED in regular session reading on this day of on second , 1988, and final MAY 0 R ATTEST: City Clerk First Reading Second Reading 2 OR.D NO. 150-88 " 0RDIN~{CE NO. 150-88 J>,N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 3-84, PERTAINING TO A 40.73 ACRE PARCEL OF LAND, PRESENTLY ZONED TO THE "SPECIAL ACTIVITIES DISTRICT" (SAD) AND LOCATED NORTH OF LAKE IDA ROAD, BETWEEN THE E-4 CANAL AND N . W. 8TH AVENUE, SAID LAND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO PROVIDE FOR EXTENSION OF CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission in Ordinance No. 3-84 zoned the property to the "Special Activities District" (SAD) and approved a conditional use and site and development plan subject to ~onditions; and, WHEREAS, the Ordinance No. 3-84 provided that the approval was limited to twenty-four months (24) from the date ~lhen all other approvalS for required City building permits have been received; and, WHEREAS, the conditional use and site and development plan granted pursuant to Ordinance No. 3-84 have expired; and, WHEREAS, the City Commission, pursuant to City ordinances, wishes to extend the time for expiration of the conditional use and site and development plan approval, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Ordinance No. 3-84 is hereby amended by repealing section 4 of Ordinance No. 3-84, and enacting a new time limit on the conditional use and site and development plan approval as follows: The site and development plan and conditional use granted pursuant to Ordinance No. 3-84 is hereby extended for 18 months from the effective date of this ordinance, subject to the following additional condition: The property owner shall provide a traffic study to the City no later than six months after notification of conceptual approval of the project by South Florida \~ater Management. District. The traffic study shall be in a form as required by the City and the developer shall become responsible for all off-site street improvements required by the City Crnrnnission as are reasonably related to impacts of the development. Section 2. All other terms and conditions contained in ordinance No. 3-84, not in conflict herewith, remain in full force and effect. section 3. That this ordinance shall become effective ten days after passage on second and final reading. 1'1' PASSED AND ADOPTED in regular reading on this day of session on second and , 1988, final MAY 0 R ATTEST; City Clerk First Reading Second Reading 2 ORD NO, 150-88 "0,.,..- [Iry OF DELRAY BEA[H CITY ATTORNEY'S OFFICE )1051. ht STREIT. SLltTl4 DU.RA Y BEACH. I'LORLDA 33483 305/243-7090 MEMORANDUM Da.te; November 2, 1988 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: Ordinance No. lSO-88/Isles of Delray The applicant has requested that an ordinance extending the condi.tional use approval and site and development plan for the above stated property be placed on the City commission agenda, i.nstead of approving t.he extensi.on by motion and vote, For the Commissioner's information, by adopting this ordinance, the applicant seeks to have this ordinance relate back to Ordinance 3-84, wherein the site and development plan would not have to meet current code. If you should have any g'uest.ions or concerns, please do not hesitate to contact me. ~ cc Walter O. Barry, City Manager Roger Saberson, Esq, David Kovacs, Director of Planning and Zoning J't ~.~''':.:..t.~~ ."~,.":'".. , ~ __~::''l.:Z'''...: :~, :::...._;.~_:=~.. ..' C t T Y COM MIS S ION DOC U MEN TAT ION FROM: ()~~~v:~=~ DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: CONSIDERATION OF A REQUEST FOR EXTENSION OF CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL FOR THE ISLES OF DELRAY S.A.D. \ \ I I AGENDA ITEM I REGULAR MEETING OF AUGUST 23, 1988 "t ACTION REQUESTED OF THE COMMISSION: . , , The action requested of the Commission is that of granting a two year extension to the previous approvalS provided to the Isles of Delray development project. BACKGROUND: Attached is the Planning and Zoning Board staff report of August 15, 1988, which provides an extensive background and analysis of this request. P1anninq and Zoninq Board August 15th, the planning of the requested extension Recommendation: and Zoning Board with a condition At its meeting of recommended approval that: Condition: Within six months (of the City commission action) a traffic study shall be conducted and provided to the City (and accepted as sufficient for processing and action), and the development shall become responsible for all off-site street improvements which are deemed appropriate (by the City). The basis of recommending a two year extension was the argument put forward by the property owner that he has been a victim of the bureaucracy of permitting agencies with respect to DER and SFWMD regulations. The Board did not make specific findings pursuant to 173.848 as required by the City Code. To: Walter O. Barry, City Manager Re: Consideration of a Request for Extension of Conditional Use and Site and Development Plan Approval - Isles of Delray SAD Agenda Item Page 2 Representatives of the Northwest Property OWners Association were in attendance at the Board's meeting, and they were satisfied with the recommendation. RECOMMENDED ACTION: By motion: Approval of a two year extension to the development proposal, as previously approved, for the Isles of Delray S.A.D. subject to the additional condition that within six months (of the City Commission action) a traffic study shall be conducted and provided to the City (and accepted as sufficient for processing and action), and the development shall become responsible for all' off-site street improvements which are deemed appropriate (by the City). '{ Attachments: Planning and Zoning Staff Report of August 15th REF/DJK1I28/A:CCISLES.TXT . ~ , , ~ ~ ; : ~ , f i , . i Lake Ick J?o ~ners Assoc. Director of Planning,and Zoning Aug. 12. J988 Members of Planning and Zoning Board City of Del ray Beach Commissioners ......~~- --- "'-~'.-.,~-;~' '''---' --;-.:'~:""---- :- ) r J--.r J'~: i TO: iP.- . FROM: The Board of Directors Lake Ida P~operty Owner, Inc. RE: Isles of Delray (Gilbert Goldstein) Onwednesaay evening August 8th at 7:30 PM. the Board of Directors and apprOXimately one'hundred home owners meet at the Chruch of Palms to 'discuss the proposed project known as the Isles of Delray. Gilbert Goldstein. owner of the property. was present to answer questions and address concerns. This tract of land has long been a concern of our neighbors. What happens to this property has a d.irec.t effect on our property values and our security. Knowing that Mr. Gal stein's project was to be reviewed for a Possible extension prompted our board to call this special meeting. Our 'intension is to bring a message to the decision makers in our City government to let you know how we feel about this matte~. After approximately two hours of discussion the fOllOWing statement was presented and unanimouSly accepted; , , 1. We encourage development of this tract with quality hOUSing that would be consistent with the value of property to the north and east. 2. We support the now existing site plan with water amenities and zero lot line homes. 3. We would'arso support a single family alternative site plan using RIAA criteria. 4. We are adamantly opposed to having any traffic from this developement enter or exit thru our · neighborhood. '-S'. We urge' 'our city official s to cooperate with ~lr. Goldstein in the process of developing this tract and in imprOVing both the condition and the esthetic appearance of Lake Ida Road from Congress to the enterance of Isles of Del ray. RECEIVED AUG f 5 1988 PLANNING '{ . : . .. . ;." [Iry OF DELRAY BEA[H CITY AnORNEY'S OFFICE "" S.I hi STHII ISI'ITt 4 , -,,< .f . ." '. "'< MEMORANDUM "'"'' 'ltECE;vi~'"'''''' ADs 1 2 198a PLANNING Date: August 10, 1988 To: David J. Kovacs, Director of Planning & Zoning From: Herbert W.A. Thiele, City Attorney SUbject: Review of Comments Concerning Conditional Use and Site Plan Development Approval for Isles of Delray Proiect ~ t This memorandum is in response to our recent conversation., concerning the subject of a proposed extension of the condi- I tional use and site plan approval. My review of your comments indicates that the positions which you have outlined are supportable as a matter of site and development plan approval review. I concur with your position that although this is a policy matter as to whether or not an approval should be granted, no such approval should be granted without there being conditions affixed thereto requiring conformance with current applicable codes, as well as the obtaining of any necessary variances from the Board of Adjustment. Although a review of the facts may lead to a policy decision to deny the request for extension, it would be my opinion that despite the fact that a denial of the extension would result in the SAD zoning of a property without a site and development plan, that this is not a flaw in the denial. Rather it would just leave the property zoned SAD so that this property owner or any future property owner would have to request an ordinance amendment to the SAD ordinance which would incorporate and approve of any new or modified site and development plan. If you would like any additional information or comment on this subject, please contact the City Attorney's Office. %f[~ cc: Walter O. Barry, City Manager PLANNING 8 ZONING CITY OF DEL RAY BOARD BEACH MEETING DATE: AUGUST 15, 1988 AGENDA ITEM: IV. C STAFF REPORT CONSIDERATION OF A REQUEST FOR TIME EXTENSION OF SITE PLAN APPROVAL FOR ISLES OF DELRAY RESIDENTIAL DEVELOPMENT ON THE NORTH SIDE OF LAKE IDA ROAD. ITEM: ::..~:.~:.....,:. tv "- ~ , GENERAL DATA: OWner....................,.,... ,Delray Islands, Inc. Agent....,..............,.......Roger Sabers on Location........................North side of Lake Ida Road between the.L.W.D.D. E-4 Canal and Lake Ida Shores. Property Size...................14.17 Acres (251,500 Sq. ft.) City Land Use Plan..............PRD_4 (Planned Residential _ 4 units/acre) City Zoning.....................SAD (Special Activities District) Adjacent Zoning.................North and east of the subject property is zoned R-1AAA (Single Family Residential). South is zoned R-1A and west is zoned R~lAA. EXisting Land Use......,........vacant land Proposed Land Use......,........148 unit development comprising of (zero-lot line) patio homes, townhouses and villas. Water Service............,.,..,.partially served by City mains. Sewer Service............".,..,partially served by City mains. ITEM:f/C: ./ ITEM BEFORE THE BOARD: The action requested of the Board is that of making a recommendation on a request for an extension of approval for a project subject to conditional use and site plan approval. Code Sections 173.849(B) and 173.868(B) set forth the procedures and requirements for consideration of extensions. Code Sections 173.848 and 173.867 set forth the standards upon which the decision to grant the request must be weighed. The project is the ISLES OF DELRAY S.A.D. This S.A.D. involves a granting of conditional use and a site and development plan, each of which is governed by the above noted code sections. BACKGROUND: Prior to 1983, the land known as Isles of Delray had .a development plan for one hundred (100) single family lots. Tfi~ lot sizes ranged 'from 15,000 sq. ft. to 23,000 sq. ft. Durin~ the review and approval of the subdivision, there was considerable focus upon traffic circulation as it relates to accessing developed property to the east. During the review process, a connection of N.W. 8th Avenue to Lake Ida Road was rejected, and then a connection of Enfield Road between the projects was rejected. The resulting pattern is what exists today -- a single access to Lake Ida Road at the west end of the property. Water and sewer mains were installed and some street pav~ng was completed. Thirty-eight (38) lots were platted. Five (5) homes were constructed. In 1983, a development proposal (PRD-4) consisting of the following elements was put forward: 40.73 acres of the original development was involved (fourteen -14- of the original single family lots are not included, there are homes on five -5- of those lots); 106 zero lot line units and 48 townhouse units; provision of a water feature by widening the canals to sixty feet (60'), providing a boat loading area, and providing water access to Lake Ida; provision of a recreation center in the southeast portion of the site; and, relocation of the access to a point across from Roosevelt Avenue. , , ! ! , , ! ! I ! To: Re: Planning .d Conditional Page 2 ~ning Board Use and Site Plan Approval - Isles of Delray When this proposal was before the Planning and Zoning Board, concerns of density, potential for low income housing, and a demand for a six foot wall and a twenty-five foot buffer between existing development and the proposed development were aired. Specific opposition was aired about the multiple family units, use of canals, traffic impacts upon Lake Ida Road, and the location of the recreation facilities in the southeast portion of the site. During the debate, it was noted that the proposal had a density of 3.8 units per acre, which is a density typical of R-1-AA zoning. In July, 1983, the Planning and Zoning Board on a 4-3 vote recommended approval of PRD-4 as a Land Use Plan Amendment and as a rezoninq. On October 25, 1983, the City Commission on a 3-2 vote approved the Land Use Plan Amendment, the rezoning, and a site plan. The site plan was to expire on May 4, 1985. Immediately thereafter, the City Commission (with concurrence of the property owner) initiated a rezoning to S.A.D. At a December 19, 1983, Planning and Zoning Board hearing the rezoning wa. recommended for approval on a 6-1 vote subject to certai~ modifications being made and other conditions being imposed. Th~ most significant of these were: varying of setbacks, at least four housing styles with no two identical styles next to one another, a reversion clause to R-1-AA, an eighteen month time limitation, a 10% reduction in unit count, and relocation of the recreational facilities including the elimination of tennis courts. On January 24, 1984, the City Commission approved the S.A.D. zoning on a 3-2 vote and imposed the fOllowing: a reduction of four (4) units platting provision of a traffic impact analysis dedication of right-of-way for N.W. 8th Avenue relocation of recreation facilities approval to run from twenty-four months from the time a building permit is issued. The Director of Planning made an interpretation of the last item to mean twenty-four months from the date of site plan approval, and in May, 1986, the City Commission considered the question of the validity of the project's approval. On May 13, 1986, a determination was made that the site plan would remain valid for a two year period. That approval would have expired on May 14, 1988; however, an agent filed for an extension in a timely manner. Since the extension request was properly filed, the To: Re: Planning , Conditional. Page 3 ling Board Use and Site Plan Approval - ~sles of Delray conditional use and site plan remain valid while the request is under consideration. PROJECT ANALYSIS: Applicable Regulations. Criteria, and Procedures: Code Section 173.849(B)(3)(b) applies in that no development has occurred under the approved site plan. This section provides: "... The application shall be evaluated in accordance with the criteria set forth in 173.848 which relates to an original application for conditional use approval. If an application;s to be analyzed under this division, the Planning Director may require the submission of such additional and current information as he may deem appropriate to evaluate the application. ..." In analyzing a request for extension the normal points which addressed include: are , { 1. Has there been progress made in the project's continuing review and approval process? 2. Have there been changes to the City's development regulations which affect the project? 3. Have there been changes in circumstance which affect the standards of Sections 173.848 and 173.867? Recent changes to the City's zoning code have made it clear that compliance with current standards is mandatory. PrOqreSS regardinq the continuinq review and approval process: Some of the major aspects of the continuing review and approval of the Isles of Delray site and development plan include water management plan approval, a traffic study (condition of approval), and platting. Each of these major items are addressed as follows: Water Manaqement Plan: Conceptual approval of the project's surface water management plan was granted by the South Florida Water Management District (SFWMD) on March 29, 1984. That approval was valid for a period of two years. Thus, it expired in 1986. Related to the water features of the development plan is the need for a State Department of Environmental Regulation (DER) permit for revisions to the canal system, making the connection to Lake Ida, constructing the boat dock facility, storm water system modifications, and an aquatic planting program. This permit was approved in October, 1987, and is i , # . I I I ! To: Re: Planning Conditio. Page 4 ~C ~ning Board . use and Site Plan Approve . . Isles of Delray valid for five years. However, a condition of approval of this permit is the approval of the water management plan identified above. Traffic Study: Subsequent to the S.A.D. approval, a traffic study was provided to the City Engineer. The focus of that study was only upon the need for signalization at Lake Ida Road and Roosevelt. At that time the study concluded that a signal was not warranted. Since four years have passed since that analysis, it is appropriate to revisit signalization and overall traffic impacts (pursuant to new standards) concurrent with consideration of this extension request. However, the agent for the project requested that a traffic study not be required preceding consideration of the extension based upon a position that if the project is denied for other reasons, the study would have been a waste of resources. Instead he proposed that if an extension is granted, a traffic study would be provided within six months and additional conditions of approval could be imposed upon the project, at that time, based upon the determinations of the traffic study (correspondence from Saberson to Barry, ,( City Manager, dated May 31,1988). -, Platting: No submissions have been made relative to platting. A property survey was requested as a part of the extension request submittal. The agent sought deferral of such a survey pending approval of the extension request and was granted it administratively (see above reference). Chanqes to City Development Requlations: The site and development plan as approved by the City Commission in January, 1984, was assessed by the City Administration as a part of the extension review process. The following major items were noted: Streets and sidewalks: The street system was proposed to be private; however, fourteen lots which are not a part of the Isles of Delray have their access through the project. This is not a desirable practice. Either very special provisions must be made for this circumstance or a public street should continue to serve the existing lots. Sidewalks are not provided on both sides of the street system. In some cases sidewalks are placed adjacent to the street pavement (a two foot green area is required). Proper waivers were not granted previously. Given the proposed improvements and traffic pattern (vehicles and pedestrians), the staff consensus is that the full right-of-way (or private street section) of fifty feet (50') with sidewalks on both sides should be provided. In limited areas only would a waiver to the sidewalk requirements be considered. - To: Planning 1C ~ning Board Re: Conditio!""l use and Site Plan ApprOVed. . Isles of Delray Page 5 Parking: The project provides two parking spaces for each townhouse unit. Further these spaces are provided in tandem. Current requirements are for 2.5 spaces for the townhouse units, and tandem parking is not acceptable for meeting parking requirements. Accommodating current standards will necessitate redesign and/or reduction of units. Backing from the on-site parking area provided for townhouses into the street system is not allowed - backing into the aisle system of a parking area is allowed. Backing into the street system occurs along Maple Leaf Way. Accommodating current standards will necessitate redesign and/or the reduction of units. Proper back out maneuvering areas (6' x 24') are not provided at the recreation center and within the townhouse areas. Traffic Impacts: The current traffic count on Lake Ida Road is 13,260 ADT (measured east of I-95). The threshold, for LOS "D" is 13,100 AnT (traffic report prepared for .l Sherwood Forest) for a facility like Lake Ida Road. In that Lake Ida Road is beyond the threshold of LOS "D", Isles of' Delray is to be required to provide appropriate upgrading of Lake Ida Road westerly to Congress. Landscaping and Irrigation: The PRO concept requires a central irrigation system. While a note is provided to this effect, irrigation system plans have not been provided. Details of the landscaping along Lake Ida Road have not been' provided. A ten foot landscape area is required and is not provided. Hedging is provided instead of a wall. Single family lots abut Lake Ida Road thus calling into question maintenance responsibilities for the perimeter landscaping. Each of these matters needs to be addressed as a part of an approval (or extension) action. Tree spacing along Lake Ida Road exceeds the maximum permitted of forty feet on center. A tree survey and an attempt to incorporate existing vegetation into the development plan are not reflected in the materials which we have. Docks: A docking area is shown on the site plan but is not provided for on the landscape plan. The area shown on the site plan does not provide for maneuvering of vehicles or for adequate access to the water. Utility Systems: Lift station 1I11, which serves this project, will need to have its pumps upgraded to accommodate projected flows. Also, several manholes will need to be relocated. l : ; I I : , To: Re: Planning 1 ConditionaL Page 6 :>ning Board Use and Site Plan Approva. - Isles of Delray Lot Layout: Several lots may have problems with either setbacks or frontage. Lots 7, 8, 9, & 10 appear to use cul-de-sac standards which are not appropriate for them. Similar situations occur elsewhere. 'Distances between townhouses may not be consistent with code; calculations must be provided. In addition to the above items, items which would be required on submittal being made in 1988. The more than a concept plan. It does for a complete submission. there are numerous technical the site plans were this a approved plan is only slightly not reflect current standards Standards for Evaluating Conditional Uses (173.848): At the time of initial approval, there was no written analysis of these standards; thus, each standard is assessed for purposes of this review. (1) Ingress and Eqress: The alignment of the entry with Roosevelt Avenue is unsatisfactory. Even withoul benefit'of a traffic study, it is evident that changes will need to be made to the alignment of Roosevelt; These changes are the responsibility of Isles of Delray. Emergency access is not adequate; however, this can be accommodated by providing a stabilized sod base over the play area between the "Enfields". Pedestrian movements are not accommodated in a safe and convenient manner. Sidewalks are not provided along the recreation area. Automobile facilities are not provided for the docking area. (2) Off-street Parking: These requirements are not met. Please refer to the section pertaining to current requirements for details. (3) Refuse and Service Areas: The location of the dumpsters require garbage trucks to back through traffic areas. Dumpsters need to be relocated and appropriate screening provided for them. ( 4 ) Utilities: The sewer the relocation of some lift station 1I11. system needs upgrading through manholes and pump upgrading at ( 5) Screening: Ida Road is maintaining provided. The required landscaping not provided. Specific perimeter landscaping area along provisions has not Lake for been i . : f ? i . . . , I \; '1 To: Re: Planning .ld Conditional Page 7 :ming Board Dse and Site Plan Approval - Ls!es of Delray There is no fencing or hedging, nor is there extensive landscaping between this project and existing development to the north and east; however, there is a separation provided by the canal system. (6) Signs and exterior lighting: No signing or lighting details are provided. Lighting at the tennis court may affect traffic along Lake Ida Road. (7) Required setbacks and open space: The open space requirements of the PRD-4 zoning (original approval) are met through the inclusion of the water areas. Open space for actual use are limited to the recreational complex and an open area in the southeast portion of the site. As laid out the site is not conducive to a resident other than one without children i.e. will cater to either a retired or singles market. Setback compliance on several lots is questioned. comments under current standards for details. See , { , (8) General Compatibility: There is no interaction between this project and adjacent property except through use of the canal system. The housing type and overall density is not inconsistent with adjacent residential uses. (9) Height and general harmony: No apparent problems or conflicts exist. (10) Economic effects on adiacent and nearby properties and the City as a whole: If this project were actually developed it would have a positive impact upon adjacent properties and the City. At present the site is an eyesore and is not well maintained. Attempts to have the owner improve the appearance along Lake Ida Road have met with difficulty. This property is in a state of deterioration, almost any type of development upon it would be beneficial from an economic impact perspective. Standards for Evaluating Site and Development Plan Applications: At the time of initial approval there was no written analysis of these standards; thus, each standard is assessed for purposes of this review. (A) SUfficiency of Statements and Graphic Materials: The submission is sufficient to determine that the project does not comply with current codes. Additional information and greater detail is necessary to provide a complete analysis and plan check of the site and development plan. If an extension is recommended, it , : ;; ~ f , I . . ! : , , , I I , ; 'To: Planning i: ling Board Re: Conditiona~ Use and Site Plan Approval - _dles of Delray Page 8 should be conditioned that a submission current.standards is made and evaluated term extension allowing for submission more detailed plans. The agent has proposed that if an extension is granted, a full traffic study, a proper survey, a complete CAB submittal, and a tree survey will be provided within six months. which meets Le. a short and review of (B) Density and impact upon adiacent property: The proposed density is is 3.8 which is consistent with the potential under the zoning which exists upon adjacent properties. (C) Inqress and Eqress: This adequately met. See item Standards for details. standard 1I1 under is Conditional not Use (D) Off-Street Parking: This standard is not adequatel~ met. See item 1I2 under Conditional Use Standards fo~ details. (E) Screens and Buffers: This standard does not be adequately provided for. See item Conditional Use Standards for details. appear to liS under (F) Drainage: A approved by Drainage ~s accommodated specifically conceptual water management plan was once SFWMD but has subsequently lapsed. a technical matter which can be through proper engineering and would be addressed with a plat submission. (G) Sanitary Sewer: Pumps in lift station 1I11 must be upgraded to accommodate this proposed development. Existing manholes should be relocated in some instances. Overall plant capacity is adequate to accommodate the proposed development. (H) Utilities: Other utilities appear to be able to accommodate the proposed development. (I) Recreation and Open Space: Open space is provided by the water features of this proposed development. Active recreation is provided through tennis courts and a building/pool area. In addition, a vacant area is provided in the southeast part of the site. Ten boat docks are to be provided (per DER permit) at a central '~.:.;.;.;..:___:'''.~,~: ~.r!. ." 1jI;, ,~. ~ . e .::'::':~:::::.u...:..:.'.'..;.~..';:-:" .' 1 " To: Planning 1 1ing Board Re: Conditional Us~ and Site Plan Approval - _dles of Delray Page 9 location, but no prov~s~on is made for embarking boats or providing vehicular access to the boat dock area. As designed, the project will tend to market toward a retired, semiretired or singles market. (J) Overall Site Development: The proposed development is unique and interesting. It provides for a mix of housing types and provides a unique water amenity with direct water access to Lake Ida. If upgraded to today's standards and then built, this project may be an asset to the community and the immediate neighborhood. PROJECT ASSESSMENT: Unfortunately, it appears that the project was reviewed at a "conceptual level" during its initial approval and many details which are necessary to make it truly workable have not been addressed thoroughly. (Perhaps this is a factor in the project not being developed.) That possible situation coupled with the project being significantly out of compliance with today's code& dictate that the extension request cannot be approved without upgrading. Another aspect of this project is grant or deny the extension mean. just what does an action Consider the following: to Approval: An approval cannot be granted without also having the Board of Adjustment grant numerous variances. The variances are not justified since the project involves new construction. Thus, an "approval" can only be given with conditions which require compliance with the City's development requirements. One of these requirements is that the project not be constructed until Lake Ida Road is improved between I-95 and the project's entry (or that the developer provide such improvement). Compliance with other requirements will either dramatically change the design of the project or will result in a significant reduction in the number of units if the same design concept is maintained. Denial: Denial of the extension will result in SAD zoning without a site and development plan. Future development would be subject to a site and development plan review at a public hearing (processing would be as a major modification to a conditional use). The guide for future development plans would be the underlying PRD-4 designation on the Land Use Map. If a denial is made, the Board might also consider the appropriateness of rezoning the property. Options are PRD-4, which is shown on the Land Use Map, or R-1-AA, which was the zoning prior to the 1983 map. Neither of those designations provide sufficiently more direction than leaving the status quo (SAD without a plan). 'To: Re: Planning Conditional Page 10 1 ling Board Use and Site Plan Approval - .sles of Delray Reverting to R-1AA may end up being the most cost-effective manner to develop the site since the infrastructure for the original subdivision is essentially in place and since there is a continuing market for single family detached dwellings/lots. ALTERNATIVE ACTIONS: 1. Continue with concurrence and direction. 2. Recommend denial based upon a failure to make satisfactory findings with the standards for evaluating conditional use requests and site and development plans with specific reference to those standards pertaining to: a) off-site traffic conditions (LOS on Lake Ida Road and the geometries of the Roosevelt/Entry Road); b) off-street parking and internal traffic and pedestrian matters; c) inadequacy of screening from existing residences to the north and east; d) insufficient capacity in accommodate sewage flows and capacity; lift station not proposal to lIll to increase e) improperly designed and screened refuse areas; f) inappropriate open space and recreational facilities in terms of the housing market which is desired by the City, i.e., young families and a lack of adequate facilities at the docking area; and based upon the fact that the proposal satisfactory progress in pursuit development approvals, e.g., platting, and detailed coordinated site plans. 3. Recommend approval for a time certain without any further submission or conditions except that whenever the developer wishes to proceed with the project, development plans (architectural, site, landscaping, subdivision, engineering) which comply with the City's development regulations must be submitted and appropriately processed. has not shown of necessary SFWMD permit, This alternative is not recommended in that it leaves the project open mainly as a speculative venture and does not provide the City with a realistic map of the type of development which may occur on the property. In addition, 'To: Planning a..~. ling Board Re: Conditional Use and Site Plan Approval - ~sles of Delray Page 11 it has the potential to politicize the processing of future development plans, since (in all likelihood) an agent will argue that the project is vested in the 1983 plans because an extension was granted. 4. Recommend approval for a time certain for the plan as previously approved. This alternative is not possible since the City's codes require compliance with existing codes and the project does not so comply. If the developer wishes to proceed with this option, he should seek variances from the Board of Adjustment prior to action by the Planning and Zoning Board. 5. Recommend approval subject to conditions. Such an action would be based upon a determination that compliance with all the conditions will mitigate adverse findings. The conditions would include the following: a) that within six following items sufficient for procedures for a use: months (of City Commission must be provided, and processing and action, major modification of a action) the" accepted as pursuant to conditional normal submission items; a traffic study conducted, pursuant to Palm Beach County's Traffic Performance Ordinance, and a commitment by the developer to proceed with all off-site improvements which are deemed necessary to have Lake Ida Road and the intersection with Roosevelt at LOS "C" throughout cons.truction of the project up to, and inclUding, its completion; a complete tree survey and adjustments to the site plan to accommodate significant vegetation which exists; a complete C.A.B. submission package, inclUding colored elevations and sample board(s); a coordinated submission of site and landscaping plans which accommodate the City's current development regulations, which provide vehicular and pedestrian access to the docking area, and which adequately address screening from exiting residential areas. And, upon acceptance the above shall be processed and sUbject to an action of denial or approval or approval subject to conditions; To: Re: Plannin me Conditional Page 12 oning Board use and Site Plan Approval . Isles of Delray b) that. a preliminary subdivision plat submission be made concurrent with the new site plan submission; c) that a new SFWMD water management plan be obtained within the six month period. d) that a failure to make the above submission within the six month period shall render this extension void; but the owner may make a similar conditional use and site and development plan submission at any time that is deemed appropriate and timely, i.e., the voiding of the existing conditional use and s~te plan is made without prejudice. RECOMMENDED ACTION: As of the writing of and Zoning supports described above. this staff report, the Director of Planni~t either alternative actions 1I2 or liS as A further recommendation may be provided after consultation with the City Attorney and public comment. Attachment: Reduction of General Site Plan REF/DJK1I27/C:ISLESEX.TXT f / , " " ( f r t t~. f ~~. ' . , 1 I ~~--- --- 21 1'5l.1 "- ,..., I~ I I L 12 D " + l,& I 1 ~ I'lL l!lot I / !> . . "" 3 ~~\ , -. :u. ! t -at 2f! !> .,." 4 I S , " I ~ + fo + s 13 101. 7D+ "'1;":"~}::" . . . ~- - 19.> 155-1 Lake Ida Road Is& 1'4 21 -Potentially excluded It I In I , '''I .........---- I~ 1~1 I"~ 4 .,~.",. - --!!L-OO- 500' ~41 Q) I?> II. 'I 8 1 - / '. ,. ~ > . c ~ . ~ ~ :, , { ~ . >> .. . I I I I . . .. .. .. A .. . .. ;; .. 11 . :'1 .. ~ '. . .. ! . ; z I . .. 'I . .. . ~ _../ I <... 1 . --- -_. ..:...~:.-. --:..=- - ~ .. .:: , f r n ! i . ; J ,/ '1 -') ( ,- \ ORDINANCE NO. 151-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLOR IDA, FROM RM-15 (MULT IPLE F AM IL Y DWELLING) DISTRICT TO SC (SPECIALIZED COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO.1 (S.E. 6TH AVENUE), BETWEEN S.E. 5TH STREET AND S.E. 6TH STREET, IF EXTENDED EASTWARD; AND CORRECTING .. ZONING MAl;' OF DELRAY BEACH, FLORIDA, 1983": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS. the subject property is shown as being zoned RM-15 (Multiple Family Dwelling) District on the Zoning District Map of the City of Delray Beach, Florida. dated April 12. 1983; and, WHEREAS. a revi.ew of City records indicates that such zoning classification was inadvertently applied to said property: and. WHEREAS. Leonard L. Surles and Mina E. Surles. his wife. and Doris Surles. a single woman, as the fee-simple owners of the subject property, have requested that the Zoning District Map of the City of Delray Beach, Florida. dated April 12, 1983, be corrected to reflect the previous zoning classification of SC (Specialized Commercial) District: and. WHEREAS. this matter was considered by the City Commis- sion at a Public Hearing and it was determined that the RM-15 (Multiple Family Dwelling) District zoning classification was. in fact. inadvertently applied to the subject property. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: S~ction ~~ That the Zoning District Map of the City of Delray Beach, Florida. dated April 12. 1983. be, and the same is hereby corrected to reflect a zoning classification of SC (Spe- cialized Commercial) District for the following described proper- ty: The West 303.23 feet of the North 75 feet of Lot 12. Block 1. less the West five (5) feet thereof, OSCEOLA PARK. a subdivision of the City of Delray Beach. Florida, as recorded in Plat Book 3. Page 2, of the Public Records of Palm Beach County, Florida. Section..2.._ That shall, upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof. the Planning Director of said City date of this ordinance. change the Florida, to conform with the provi- ~~~ That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. .--/ \ ~~ I: ',,--...../ Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Sp.ction 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ___ day of .__.._..__________, 1988. "-."'-" .._.~-_.._+----_.__._.._._-..__._.._._------- MAY 0 R ATTEST: . , ----_._---_..__._.._--~-.._---_.._._-_._.._-- City Clerk First Reading __.____,_..___.._ Second Reading.. II I 1 I I - 2 - Ord. No. 151-88 "~ .- ORDIllANCE NO. 152-88 AN ORDlHAliCE OF TlfP. CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5 "PUBLIC WORKS," CHAPTER 50 "UTILITIES GENERALLY; PUBLIC SERVICE TAX" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BF.AOi BY ENACTING A NEW SECTION 50.03 "DEFERRED PAYMENT PLAN" ESTABLISHING A DEFERRED PAYMENT PLAN FOR WATER AND/OR SEWER CONNECTION CHARGES, METER INSTALLATION CHARGES, AliD TRANSMISSION AND STORAGE FEES IMPOSED ON CERTAltl NEW RESIDENTIAL CUSTOMERS RESIDING ON EXISTING DEVELOPED PROPm1"i; PROVIDING FOR AND MAKING FINDINGS AS TO THE NECESSITY OF CREATING A SEPARATE CrASS FOR SUCH RESIDENTIAL CUSTOMERS; PROVID- ING FOR THE COLIBCTION OF lNl'EREST ON EAOI INSTALIMENT PAYMENT UNDER THE DEFERRED PAYMENT PLAN IN AMOUNTS SUFFICIENT TO COVER AN'{ DEFAULTS OF PAYMENT UNDER THE DEFERRED PA'iMENT PIAN; PROVIDING FOR OTHER USE OF 5001 COLLECTED INTER.E8T; PROVIDING 'll!AT THE CITY SHALL NOT APPROPRIATE MONEYS FROM ANY OF THE CITY'S GENERAL F11NDS TO PROVIDE FOR DEFICIENCIES CAUSED BY DELINQUENT PAYMENTS UNDER THE DEFERRED PAYMENT PLAN: PROVIDING THAT SUCH DEFERRED CHARGES AND FEES SHALL BECOME IMME- DIATELY DUE AND PAYABlE UPON THE TRANSFER OF TI'1'I2 OF THE RESIDEm'IAL DWELLING UNIT; PROVIDING FOR '!HE IMro- SITION OF LIENS TO SECURE PAYMENT OF THE DEFERHED CHARGES AliD FEES; PROVIDING FOR THE DISCONNECTIon OF' WATlm SERVICE IN THE EVENT OF A FAILURE TO MAKE PAY- MENT UNDER THE DEFERRED PAYMENT PLAN; SETTING FORTH THE PAYMENT PROVISIONS UNDER THE DEFERRED PAYMENT PLAN; AMENDING PARAGRAPH C OF SECTION 52.35 "TRANSMISSION AND STORACE FEES"; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AU EFFECTIVE DA'l'E. WHEREAS, the city of Delray Beach, Florida (the "City"), pursu- ~nt to Article VIII, Section 2, of the Florida Conotitution, and Chapter 166, Florida statutes, as amended and supplemented, the City Charter and other applicable provisions of law, acting through its Public Utilities D9partrnGnt, owns and operates a water and sewer system (the "Combined Public Utility") for the purpose of providing water and sewer service to the city residents; and WHEREAS, certain residents residing on eXisting developed resi- dential property within the corporate limits of the City which have exist- ing wells and/or septic tanks, must be, or request to be, connected to the Combined PUblic Utility (such residents are herein referred to as "Developed Unserved Residential Customers"): and WHEREi\S, the DeVeloped Unserved Residential Customers are uniquelY situated, in that in many cases they will have to bear the cost of capping their existing wells and/or removing or refilling their exist- ing septic tank systems (COllectively referred to as the "Private Systems"), in addition to paying the required Connection Charges, Meter Installation Charges, and Transmission and Storage Fees in order to con- nect to the COmbined Public Utility; and WHEREAS, by virtue of connecting to thEl combined PUblic utility, all or a part of the Private Systems of the Developed Unserved Residential CU5tomers will be without any value to such customers; and I G WHEREAS, in order to further the health, welfare and safety of the city residents by providing safe potable water and sewage disposal, and in recognition that the Developed Unserved Residential CustomQrs arQ uniquely situated as described above, the City Commission of the City of De1ray Beach (the "City Commission") hereby finds it necessary and in the best interest of the City that, for the purpose of paying the Water and/or Sewer Connection Charges, Meter Installation Charges, and Transmission and storage Fees required to bEl paid prior to connection to the Combined Public Utility, the City shall treat the Developed Unserved Residential Customers as a separate class, as authorized by the city's Water and Sewer Refunding Revenue Bond Resolution No. 36-88, as amended, supplemented and reliltated; and WHEREAS, in order to alleviate the potential financial burden many Developed Unserved Residential Customers may be forced to face by connecting to the Combined Public utility, the City Commission hereby finds that it is in the best interest of the city to encourage full pay- ment of the charges and fees by hereby electing to offer to the Daveloped Unserved Residential Customers a deferred payment plan for such charges and fees (the "Deferred payment Plan"); and WHEREAS, in order to avoid any cost to the city by offering the Deferred Payment Plan, it will be necessary for the city to impose an interest or finance charge on eoch deferred payment: and WHEREAS, such interest on finance charges collected shall be daposited in an appropriate account, as shall be determined by subllequant proceeding of the City Commission, to provide a reserve for the benefit of the Combined Public Util i ty in the event a Developed Unserved Residential Customer fails to make timely payment under the Deferred Payment Plan; and WHEREAS, in addition to providing for defaults under the Deferred Payment Plan, the moneys collected from such interest and finance charges may be used for any lawful purpose in connection with the Combined pUblic Utility, as shall be determined by subsequent proceeding of the city Commission: and WHEREAS, the city Commission hereby finds that the city shall not appropriate moneys from any of the city's general funds to provide for any deficiencies caused by delinquent payment under the Deferred Payment Plan; and WHEREAS, the City Commission finds that it is in the best interest of the city to provide for the payment of all deferred Water and/or SeWer Connection Charges, Meter Installation Charges, and Transmission and Storage Fees upon the transfer of title of the Residential Dwelling Unit (as such term is defined in Chapter 52 of the City of Delray Beach Code of Ordinances (the "Code")) of a Developed Unserved Residential Customer: and WHEr<EAS, the City proposes to impose liens on the Residential Dwelling Units subject to the Deferred Payment Plan to secure the payment of the Water and/or Sewer Connection Charges, Meter Installation Charges, ~nd Transmission and Storage Fees deferred pursuant to such plan: and WHEREAS, this Ordinance is intended to establish a Deferred Payment Plan for which only Developed Unserved Reside,ntial CUstomers of the Combined Public utility may now or in the future participate: and -2- Ord. No. 152-86 ..,. WHEREhS, any term not otherwise defined in this Ordinance shall have the meaning ascribed to such term in the Code; ~nd WHEREAS, the provision of paragraph c, Section 52.35 of the Code shall be amended to reflect the availability of the Deferred Payment Plan to Developed Unserved Residential Customers; and WHEREAS, the City's Finance Department and Public utility Department are hereby instructed to implement the Deferred Payment Plan in accordance with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AB FOUJ::lWS: €l~ON-L.. Th",- Chapter 50 "Utilities Generally; PUblic Services Tax" is hereby amended by enacting a new Section 50.03 "Deferred Payment Plan" to l.".~d as follows: (a) It is the intent of this Section to establish a deferred payment plan Whereby certain residents residing on eXisting residentially developed property within the corporate limits of tho City, which have eXisting wells and/or septic tanks who are either required to connect to the Combined Public Utility or elect to have water and/or sewer service provided by the Combined PUblic Utility (herein such residents are referred to as the "Developed Unserved Residential Customers"), who exist now or will exist in the future while this plan is in effect, are, subject to the provisions of this section, offered the option to pay the required Water and/or Sewer Connection Charges imposed pursuant to Section 52.31 and/or S4.31 of the COde, Meter Installation Charges, imposed pursuant to Section 52.32 of the Code, and Transmission and Storage Fees imposed pur- suant to Section 52.35 of the Code. (b) This deferred payment plan shall not constitute an indebted- ness of the city within the meaning of any Constitutional, statutory or other provision or limitation. No moneys from any of the City's general fund shall be enCumbered, appropriated or used in any faahion to subsidize or make up for any deficiency under this deferred payment plan. (c) At the time a Developed Unserved ~esidantial Customer is required to pay the appropriate Water and/or Sewer Connection Charges, Meter Installation Charges, and Transmission and stol~age Fees, he will have the option of electing to pay all or any part of such Connection Charges, Meter Installation Charges, and Transmission and storage Fees over a sixty (60) month period with sixty (60) equal payments, the first installment beginning in the calendar month the first deferred installment payment appears on the customer's utility bill. Such deferred installment payment will be due and payable at the same time other amounts appearing on the customer's utility bill are due and payable. Interest shall be charged on the amount deferred payable with each monthly installment pay- ment at a rate which initially shall be the lesser of the legal rate per- mitted by law or eighteen per centum (18%) per annUPl simple interest. (d) The City reserVes the right to increa~e or decrease the interest rate under this deferred payment plan, depending on certain fac- tors inClUding, but not limited to, the number of pnrticipants in the plan, the rate of prepayment and delinquencies. Any increase would be applicable only to new customers participating in the plan. -3- Ord. No. 152-88 (e) Each Developed Unserved Residential Customer shall have the option to prepay the remaining principal balance of the deferred charges and fees in full at any time. Partial prepayments shall not be permitted. (f) If all or any part of the Residential Dwelling Unit of the Developed Unserved Residential CUstomer or an interest therein is sold or transferred, excluding (a) the creation of a first Or second mortgage lien: (b) a transfer by devise, descent or by operation of law upon the . death of a joint tenant, or (c) the grant of any leasehold interest of three (3) years or les6 not containing an option to purChase, the City may, at the City's option, declare the full principal balance, plus accrued interest due and owing under this deferred payment plan, to be immediately due and payable. (g) A Developed Un6erved Residential CUstomel' may elect to par- ticipate in this deferred payment plan by executing a utility billing paying agreement in a form approved by the City commisHion. Upon QXecut- ing such agreement and paying the required deposit for water and/or sewer service, the Developed Unserved Residential CUstomer will be connected to the Combined Public utility. Until all deferred Water and/or Sewer Connection Charges, Meter Installation Charges, and Transmission and Storage Fees are paid in full, together with accrued interest to date of payment, the city shall record and maintain with the Clerk of the Circuit Court in and for Palm Beach County, Florida, a lien against the Residential Dwelling Unit. The utility billing paying agreement shall clearly state, among other particulars, the terms of such deferred payment inClUding the actual rate of interest, that a lien will be recorded against. the Residential Dwelling Unit, and that, in the event of a default under the agreement, the city will enforce such lien in the manner permit- ted by law. The water and/or Sewer Connection Charges, Meter Installation Charges, and Transmission and Storage Fees in effect at the time a Developed Unserved Residential Customer elects to participate in this deferred payment plan shall be the applicable chargell and fees payable under the plan. (h) In the event that any Developed Unserved Residential customer shall fail to make payment under the deferred payment plan when such payment 18 due, the city, upon eighteen (18) days prior written notice shall have the right to terminate water service in accordance with Section 52,51 of the Code. l;!~.CTIO.N_G..:.. That paragraph C of Section 52.35 "Transmission and Storage Fees" is hereby amended to read as follows: Subject to the applicability of Section 50.03, any transmission fee or storage fee for a given residential dwellil1g unit or its equivalent required under this section shall be paid in full prior to the issuance of any authorization to connect to the city's water system. SECTION 3. That, should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder thereof as a whole or part thereof other than the part declared to be invalid. -4- ord. No. 152-88 . -- . -------- -------- - SECTION 4. That this Ordinance shall become effective after its passage on second and final reading, and the deferred payment plan set forth in Section 1 shall be applicable to all applicable customers con- necting to the Combined PUblic Utility on or after October 1, 1988. PASSED AND ADOPTED in regular session on second and final read- ing on this ____ day of November, 1988. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: MaYClr City Clark f'irst Reading Second Reading -5- Ord. No. 152-88 ,. , LAW OFFICES OF i( 1:: r. h . ~'t-r ' NO/; 1 1; D CITy 1988 MANAGElts OFFICE November 2, 1988 ROGER G. SABERSON, P.A. uttRA Y EXECUTIVE MALL 110 EAST ATLANTIC ^ VENUE DELRA Y BEACH. FLORIDA 33444 1401) 272.8616 Mr. Walter o. Barry, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Extension of Time for Previouslv Approved Site Plan - The Shops of Seacrest City Commission A~enda - November 8. 1988 Dear Walt: In regard to the above subject, it is our desire to schedule this matter for City Commission action at its November 8, 1988 meeting. As we discussed at our meeting of October 20, 1988 with you and members of your staff, this is the first extension request for the subject site plan. The property is shown on the City Land Use Plan as commercial and is presently zoned LC-Limited Commercial and the subject site plan was approved under the Limited Commercial zoning. The original site plan was approved in May 1987 by the City Commission. The Planning and Zoning Board at its meeting of September 19, 1988 voted to deny the request for extension of site plan approval and my interpretation of their comments was that they essentially wanted to have multi.family use on the property instead of commercial. You will recall that in our meeting with you, we went through the staff report and my client indicated that they can accommodate the following: Items 1 through 4 and Item 6 appearing on pages 3 and 4 of the staff report and also the following: 1. Provide pads for dumpsters and southerly screening. 2. On the north side instead of a wall use a four foot cyclone fence and four and one-half ficus hedge. 3. Provide a parapet around the entire building(s) and planting palms in clumps. (r'J 11 i ~ . l ; .~ './' We request that the existing right-of-way for Tangerine Trail and Northeast 22nd Street remain as is and as they were when the site plan was originally approved. We also are requesting a waiver of the sidewalk provision other than the sidewalk referenced in item 2 of page 3 of the staff report. As we discussed, the criteria for consideration of extension of site plan approval as recently adopted in Ordinance 60-88 (where there has been no construction) is whether or not the plan under consideration is in compliance with current city ordinance requirements. In Mr. Kovacs' memorandum to the Planning and Zoning Board for their meeting of September 19, 1988 he indicates that there have been no changes to development regulations which have a material impact upon this site plan. He also notes "there have been no physical changes to adjacent properties" (page 2). Furthermore as pointed out above. the property is properly zoned for a commercial use and we therefore feel that it is appropriate for the city to grant an extension of site plan approval for an additional eighteen months. If you have any questions concerning the above. please don't hesitate to call me otherwise we will look forward to this matter being on the City Commission Agenda November 8, 1988. "~'Y Y"O", ROGER G~SON RGS/sms cc. Mr. Lembo Mr. Baccari C I T Y COM MIS S ION DOC U MEN TAT ION TO: CJTER O. BARRY, CITY MANAGER C'-U,(>\ ~ '~~.5>x D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: Oc\c\w, l( SUBJECT: MEETING OF .SEPTEMBER'-2i, 1988 AGENDA ITEM CONSIDERATION OF PLANNING AND ZONIN.G BOARD RECOMMENDATION TO DENY A REQUEST FOR EXTENSION OF A PREVIOUSLY APPROVED SITE PLAN -- THE SHOPS OF SEACREST ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of DENIAL of a request for extension of approval for the site plan of "The Shops of Seacrest". BACKGROUND: The site under consideration was annexed to the City in November, 1985 with zoning of LC. A site plan for a standard, strip commercial center was approved by the City Commission on a 5-0 vote in May, 1987. (The Planning and Zoning Board had forwarded the site plan with a 4-2 recommendation of approval). Pursuant to conditions of approval and code requirements, that approval expires this November. A proper submittal for extension h~s been made. The attached staff report provides a detailed analysis of the project and its assessment. Planning and Zoning Board Recommendation: After considerable discussion with the owner at its meeting, the Board has recommended that the extension request be denied. The Board cited the following in support of its recommendation: insufficient progress in obtaining approvalS of the planning and permitting aspects of the project; inappropriate nature of the proposed use while other more appropriate uses are allowed within the LC zone district; overall incompatibility of the site design with the perceived future of the neighborhood; intensity of the use being too great; To: Walter C larry, City Manager Re: Continuatlon of Planning and Zoning ~~ard Recommendation to Deny a Request for a Previously Approved Site Plan - The Shops of Seacrest Page 2 the lack of development testifying to the inappropriateness of the use and the practical inability to justify such a commercial use at this location. Alternative Actions: The fOllowing courses of action are available to the Commission: 1 . Acceptance of the Board's findings and recommendation and denial of the request. 2. Approval of the extension request and also address the conditions under which the extension is granted refer to alternative actions 1I2 and 1I3 as presented in the Board's staff report. 3. Approval of the extension request with direction to the Planning and Zoning Board to consider the site plan in light of alternative action 1I2, as contained in its staff report, and then forward it to the Commission with an appropriate recommendation. 4. Continue to a time certain, with or without referral to a work session, to allow for Commission members to ascertain more information reguarding this item. RECOMMENDED ACTION: By motion, acceptance of the findings and recommendation of the Planning and Zoning Board and deny the request for extension of approval of the site plan for the Shops of Seacrest. Attachment: Planning and Zoning Staff Report of September 19th. REF/DJK1I30/CCSHOPS.TXT L PlANNING 8 ZONING CITY OF OELRAY BOARD BEACH - -- MEETING DATE: September 19. 1988 AGENJA ITEM: IV. 7 STAFF REPORT ITEM: Consideration of a Request for Extension of Site Plan Approval Shops of Seacrest ~ .. .. ATLANTIC ." BQ - .. .. ."., I:F. .. . . ., . .. . . .. GENERAL DATA: OwneC...........................Lembo/Seacre.t Aa~i&tes ""'ent......................... ..John G. Il&ccu1 Loc.tlon........................Nortbwe.t corner of Seacrest Blvd. &ncI N.W. 221K1 St. C1ty Land Use PI.n..............COmmerc1.1 C1ty ZOning.....................LC ILt.1ted co.oerc1.1) Adj.cent Zon1ng.................North &ncI Sooth of the subject property 1s zoned R-1AA (S1ngle F...lly Realdentlal). East 18 zoned R-1AA &ncI NC (Ne1ghborhood ConmerciaU. West 1. Zoned County RS (S1ngle F"'lly Res1dent1.1 D1str1ct). Existing Land U.e...............SOuthern portion of the property contains vacant land. The rema1ning portion of the property contain. paved are.. and vacant structure,; Proposed Land Use...............One story shopping center Water service...................A proposed 8" water main to be installed on-lite and tapped into an exiltinq 8" water main on Seacrest Blvd. Sewer Service...................S.. sanitary sewer to be installed on-site. An existin9 8" sanitary sewer is located on Seacrest Blvd. and a 6" sanitary sewer located on N.W. 22nd St. K HIGH SCIf OL . )-t " /',"- < ;1/1/ ( 6P;;t~ ITEM: IV. 7 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on whether or not to grant an extension to the previously approved site plan for the Shops of Seacrest. BACKGROUND The Seacrest Annexation occurred on November 12, 1985, through the enactment of Ordinance lI2-8S. That action involved 4.2 acres of land. Prior to annexation) the property was zoned NC (Neighborhood commercial) in the County. The petitioned zoning was GC; however, after discussion of the implications of various commercial zoning districts, it was decided that the most appropriate zone district was LC (Limited Commercial). It was also recorded at that time that a more restrictive commercial designation may be more appropriate but that the City's NC district was too restrictive. There was no individual notice to neighboring property owners at the time of affixing initial City zoning. . '{ In February, 1987, a formal site plan submission' was made on 3.9 acres of the previously annexed territory. A portion of th territory at the corner of Seacrest and 22nd was not a part of the site plan action. During review of the site plan, numerous minor modifications were required along with one which will require some site plan adjustments. This latter item is the need to dedicate ~~ feet for additional right-of-way along 22nd Street. A code violation involving commercial access onto a residential street was granted a variance from the Board of Adjustment on May 13, 1987 (subsequent to Planning & Zoning action). Another code violation, substandard right-of-way along Tangerine, was cited in staff notes but was not addressed in any write-ups or conditions. This must be formally addressed at this time and either required or properly waived. The elevations and landscaping the CAB in February, 1987, and by that body. were "preliminarily" approved by there has been no further action The planning and Zoning Board approved the site and development plan on March 16, 1987, on a 4-2 vote (Andrews and Currie dissenting). Prior to the Board's action, the project was reviewed at work sessions, and it was the general consensus of the Board, "that the applicant should consider multiple family residential use for the property in consideration of the unsuccessful history of past commercial activities in this location and the lack of this housing type in the northeast quadrant of the City" (Weedon memorandum to P&Z Board dated March 12, 1987). The City Commission approved the total project on May 26, 1987, on a S-O vote with no discussion recorded in its minutes. ~~.:_- ':.._,;.".~.. .~ ... " -.-..... ........ ~ . . To: planning and Zoning Board Re: Grant of Extension to Previously Approved site Plan for Shops of Seacrest Page 2 A request for site plan approval extension was properly submitted on July 11, 1988. PROJECT ANALYSIS: Extensions of site plan approvals are governed by Code section 173.868. Pursuant to that section, each extension consideration is to be revisited by evaluation against the standards for site and development plans as delineated in Code Section 173.867. The purpose of review of a project in its totality at the expiration of its approval period is to: a) determine if there.have been changes in the City's development regulations, increases in fees, etc., which are to apply to the project; b) determine if there have been changes on adjacent or ..(. nearby' properties which warrant modification to the existing site plan; c) determine if there have been other changes in circumstances which no longer warrant the project being developed as previously approved; CHANGES TO DEVELOPMENT REGULATIONS: Ordinance 44-87 provides a new definition of frontage which shifts from 22nd Street to Seacrest. However, there is no impact upon the site plan. Ordinance 54-87 provides for the "handling of hazardous waste" and does not necessarily apply to this development. Ordinance 4-88 pertains to effect upon this development new requirements. height regulations. There is since the building height meets no the CHANGES TO ADJACENT OR NEARBY PROPERTY: There have been no physical changes to adjacent properties. There have been discussions about the development of underdeveloped property immediately to the west. Multiple family housing and an ACLF were discussed. Access through this commercial site was discussed. Use relationships between the properties was discussed. This information is relevant in that the combination of all of these underdeveloped properties may ,/ To: Planning and zoning Board Re: Grant of Extension to Previously Approved Site Plan for Shops of Seacrest Page 3 result in sufficient land for a well development which cannot occur given the individual holdings. designed residential configuration of the OTHER CHANGES IN CIRCUMSTANCE: At the time of initial site plan approval, written findings pertaining to the "standards for evaluating site and development applications" were not made. Thus, in order to determine whether or not this factor applies, the analysis required by Code Section 173.867 was prepared. That analysis follows: (A) Sufficiency of Information: While the site plan submittal is sufficient for purposes of this analysis, it is noted that there were several conditions of approval which have not been incorporated in revised plans, nor has final approval been gained from the CAB, nor has platting been initiated. If approval f' granted, provision should be made for these items being address' in a reasonable period of time. (B) Proposed use and what effect it will have on adjacent and nearby properties and the city as a whole: The use is allowed under the current zoning, and normally consideration of use (as opposed to intensity of use) is not germane to site plan approval considerations. At the time of affixing initial zoning, actions were taken to diminish the allowable uses by having LC instead of GC zoning thus prohibiting amusements and liquor stores on the site. During site plan review in 1987, the Board suggested that other uses were perhaps more appropriate, specifically citing multiple family housing. Such a use is allowed as a conditional use in the LC Zone District. Given that commercial development has not occurred on the site, it may be appropriate to encourage residential development through denial of the extension request at this time and then redesignation of the underlying land use in the current comprehensive plan revision. (C) Ingress and Egress (see code): The most direct consideration of ingress/egress is the driveway access onto 22nd Street. While initially in violation of code, this accessway has received a variance from the Board of Adjustment. A few other aspects of this standard have been picked up on. this most recent review of the site plan. These include: q . 1. pedestrian access should be provided from the main building to the office building and then southward to 22nd, thus accommodating local pedestrian traffic; 2. sidewalks from the pUblic sidewalk to the buildings are shown on the site plan but are not shown on the landscape plan; J To: Planning and Zoning Board Re: Grant of Extension to Previously Approved site Plan for Shops of Seacrest Page 4 3. three parking spaces on the south side of the south entry along Seacrest inappropriately require backing into intersecting traffic aisles; . 4. three parking spaces along the entry to the service co~rt interfere with what should be a pedestrian way; 5. provision for cross-traffic between the center and redevelopment of the service station site should be provided; 6. the westbound approach of 22nd Street should be resurfaced per recommendations of the project's traffic study -- this was not listed in the previous conditions of approval (cited as potential under previous condition of approval #6); and 7. a sidewalk is not shown along Tangerine Way -- if it is not to be provided, a specific waiver must be granted:, With accommodation of the above seven items, a positive findi~ could be made with regard to this standard. (D) Off-street parking and loading areas: Some parking considerations are addressed in the previous section. Loading is provided in a special court area along with trash dumpsters. Apparently, this item was addressed in the initial site plan review and the proposed solution, while apparently inefficient, was the result of negotiation and compromise. (E) Screens and Buffers: Dumpsters have not been enclosed or screened from the south. Instead, a large area screened from the east and west has been provided. Better control of the situation is warranted. At a minimum, pad locations (for dumpsters) and a southerly screening device should be provided. A six foot wall is provided along the north and west boundaries. This wall interferes with the FPL easement along the west, but adjustments can be made to accommodate the facilities which are there. Along the north, the "hard" feature of the wall is against the "hard" features of the rear of the building. Use of a four foot cyclone fence and four and one-half ~~ ficus hedging may be more appropriate for the distr~ct boundary treatment. This item should be addressed now or referred to the CAB, as the Board feels most appropriate. (F) Drainage: A french drain system is proposed. has not been reviewed or approved by other agencies. would. occur during plat review. This system Such review (G) Sanitary Sewers: The conceptual sewer layout appears acceptable. The mains should be public and easements provided To: Planning and Zoning Board Re: Grant of Extension to Previously Approved Site Plan for Shops of Seacrest Page 5 through the platting process. The Utilities Department has not reported sanitary sewer capacity problems in this area. (H) Utilities: The conceptual water layout appears acceptable. The mains should be public since they service fire hydrants. Easements for the water mains are to be provided during the platting process. Other utilities are available at the site. (I) Recreation and Open Space: This standard does specifically apply in that this is a commercial project, and landscaping and setback requirements need to be met. not only (J) Site Development suitability of the site plan with particular attention to assurinq that the appearance and general layout of the development will be compatible and harmonious with adjacent and nearby properties and the city as a whole so as not to cause substantial depreciation of proper tv values. The site plan is that of a standard strip commercial center. It is geared( to automobile use and is probably out of character with the area. It is a further extension of what is, when considering the corner uses, as opposed to what should be. For the future upgrading of the entire area, a different site design or a different use is probably more appropriate. PREVIOUS CONDITIONS OF APPROVAL/ITEMS RAISED. NOT RESOLVED: The previous conditions of approval contained twenty-eight items. Some of them, which haven't been heretofore touched upon, warrant mentioning at this point in the analysis. These include: (1) Dedication alonq 22nd Street: Subsequent to the approval, it has been determined that -tl.C~"Ta -~\\je. additional right-of-way must be provided along 22nd Accommodating this dedication ...Jlll require adjustments location of Building ~2 and its parking area. (13) Platting: Through the platting process several loose ends are identified and tied together. Proceeding with platting in a timely manner should be a requirement of an extension. previous feet of Street. to the (16-18) CAB.: Follow-up with the CAB on their comments regarding provision of a parapet around the entire building(s) , planting palms in clumps; and improvement of south and east elevations. The current review also be addressed. include: has identified some other items which should Those which haven't already been touched upon (A) Tanqerine Dedication and Improvements: The right-of-way width for Tangerine Way is substandard. this project should provide for additional right-of-way. current Normally If II 1 I I ; i To: Planning and Zoning Board Re: Grant of Extension to Previously Approved Site Plan for Shops of Seacrest Page 6 additional dedication is not to be required, it must be determined and stated by the City Engineer that a waiver be granted for reduced right-of-way. While the resolution of this item could await plat action, its determination does affect the location of Building #1. Normally, a sidewalk is required along streets abutting new development or redevelopment; thus, a sidewalk should be provided along Tangerine or a specific waiver granted. (Bl Landscaping Plan: Some deficiencies exist such as height of initial hedge plantings. A final landscaping which also identifies the location of the well which is used for irrigation is required. the plan to be (Cl Details: Sections A-A and B-B contain improper data. ASSESSMENT: There has not been any apparent progress on this project since itJ was initially approved. If the submittal were "new", severalf minor changes and details would be addressed and alterations as identified throughout this report sought. The zoning of the site is Limited Commercial (LCl and thus a few uses, such as a package liquor store and amusement games, are prohibited. The LC zone was initially conceived for application east of the Intracoastal Waterway. It was applied to this site because it represented a compromise between NC and GC. Because of other events in the City there is discussion to amend the LC district and make it more restrictive. It is not known if potential restrictions would affect this site plan or uses which would be accommodated by it. During early discussion on land use aspects of the evolving comprehensive plan, there has been a focus on designating this site for residential purposes. Given the above considerations, if an extension is granted it should be clear that a further extension is unlikely. Also, the extension should be tied to the expected effective date of the new comprehensive plan -- December, 1989. Also, any extension approval should consider the requirement of due diligence in wrapping up the planning and permitting aspects of this project. ALTERNATIVE ACTIONS: 1. Recommend denial of the site plan extension request based upon incompatibility of the site plan with the following standards for evaluation of site and development plans: insufficient progress in obtaining approvals of the planning and permitting aspects of the project thus not meeting Standard (Al;. To: Planning and Zoning Board Re: Grant of Extension to Previously Approved Site Plan for Shops of Seacrest Page 7 inappropriate nature of the proposed use while other more appropriate uses are allowed within the LC zone district, not meeting Standard (B); individual site design items affecting parking and both traffic and pedestrian circulation,thus not meeting Standard (C); and overall incompatibility of the site with the perceived future of the neighborhood thus not meeting Standard (J) . And, either a) initiate a rezoning to a more appropriate zone district; or b) give notice that it is intended to change the underlying land use designation on the land use map and.( then rezone the property, once rezonings are u~,~~e~ in implementation of the evolving comprenens~ve plan. 2. Recommend approval of the site plan as it stands with such approval granted to December 1, 1989, subject to conditions which would include: all previous conditions of approval: i terns highlighted under Standards (<:.) and C~); resolution of the fOllowing: dedications for Tangerine Way sidewalks along Tangerine Way substitution of fence & hedge in lieu of the wall items raised by the applicant/agent. And, either a) require revised site and landscape plans, an up-dated CAB submission and action, and a plat submission - all to be made by the first Friday in January, 1989, and that these submission :~ adequate for processing, and that action is taken on them by the Board in February or this action becomes void; or, b) make no such requirement; n. ~) add a requirement that if another extension is to be considered, a revised site plan (which addresses all previous conditions of approval and items To: Planning and Zoning Board Re: Grant of Extension to Previously Approved Site Plan for Shops of Seacrest Page 8 highlighted in this report) and plat must have been submitted in time to be before the Board prior to the December I, 1989, expiration date; or, ~) make no such requirement and note that the project will be totally assessed when and if an additional extension is sought. 3. Recommend approval of an extension request for the site plan as it was previously approved, said extension to expire on December 31, 1989. STAFF RECOMMENDATION: Because of the lack of previously written findings and formal resolution of some items and the tentative direction that the area not be designated for commercial use in the comprehensiv,. plan update which is now under consideration, a staff recommendation is not put forth. However, if a recommendation of approval is made by the Board,' it is recommended that it be comprised of elements 2 - A. Attachment: Reduced Copy of Site Plan DJK#30/A:PZSEACRS.TXT l r--- ..-a- , J I -.r.nu. ~" 'A ~ , t ~ ~ ~ ... . ..... ... ._~ g cl a: . a: ",.. . ._...J/ - ' ~1 ! I , ' @~l --I :1 LiJ :1 " .. " :, Z I :, I :! .. f . I , ~ w ' " , I. , jl-l Ii I , " , ~ " , ...~ , " r I , , -~l .. :L33!.il.S Q./ ~~ :3 N . -,- L- _ =-=..r:.~- /"--++=--q , - I - -'-. f. ~ g .Il J ; -J ~ , I '-f, _ \\ J 1988 BOARDS AND COMMITTEES UPDATED OCTOBER 12, 1988 BEACH TASK FORCE (Mayoral Appointment) Rachel Speicher Betty Matthews John McKenna, Chairman Vacancy Steven Rubin Donald Pfeil BOARD OF ADJUSTMENT (Three Year Term) Regular (5) Robin. Smith Samuel portnay Alvaro Vera David Klarer Steven D. Rubin (Chairman) Orig. ~ 4/86 9/83 2/84 3/87 5/84 Expire 3/15/90 3/15/90 3/15/91 3/15/89 3/15/89 Alternate (2) Mark David Anthony Veltri Orig. AP)t. 11 87 11/87 Extire 3/ 5/89 3/15/91 " (Election of Officers - March 15th Each Year) BOARD OF CONSTRUCTION APPEALS (Two Year Term) (9 members) Name Der"swilley John Henderson Paul Myers Vacancy Patrick Keen H. Deane Ellis Richard M. Oldham William Koch III Richard Sheremeta Occupation General Contractor General Contractor l1aster Plumber Architect Master Electrician Air Conditioning Contractor Sign Contractor Real Estate Broker Engineer, P.E. Orig. ~ 1r~ 2/85 1/86 2/87 6/85 3/87 2/87 4/87 5/87 Expire 1/08/90 I/OB/89 1/08/90 1/08/89 1/08/90 1/08/89 1/08/89 1/08/89 1/08/89 CIVIL DEFENSE DIRECTOR City Manager Assistant Civil Defense Director - Fire Chief CIVIL SERVICE BOARD (Two Year Term) Orig. Name ~ Expire Leo Kierstein 9 84 4/01/90 K. Howard Wiener 11/87 6/30/90 Milford Ross 1/84 4/01/89 William Brown ** 8/88 4/30/89 Barbara Garito ** 4/88 4/30/89 Sandra W. Almy Alternate 7/88 7/01/89 Pamela Tubbs ** Alternate 9/88 4/30/89 ** Elected yearly by City Employees for one-year term. (Election date to be the day immediately preceding the regular meeting of the CS Board in April each year) . .~ 1~ r CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Larry M. Schneider, AIA NAME 115 Woodland Road Palm Springs, Florida 33461 HOHE STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 25 Seabreeze Avenue Delray Beach, Florida 33483 PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP (407)967-7591 HOHE PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PLANNING AND ZONING BOARD (407)276-4951 BUSINESS PHONE LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOU SERVED (Please include dates) SEE ATTAcHED RESUME EDUCATIONAL QUALIFICATIONS 1973, Bachelor of Architecture, un1vers1CY ot 1'"l.Or1aa LIS'.i ANY BELATEP PROFESSIONAL CEBTI.FJ:CATIOt{S AND LICElfSES WHICH YOU HOLD Reg1stered Arch1tect, State of FIor1oa; lrat10nal ~ounc1I Arcfiltectural Reqistration Council. (See Attached Resume for Additional Organizations) GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION FIRM: Currie Schneider Associates AlA, PA TITLE: Partner , DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE THIS BOARD. SEE ATTACHED R~SUM~ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE J UNDERSTAND THAT ANY" MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS J PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I ~ RECEIVE . June 14, 1988 DATE 0" , , r L-b ~ l _.__~___....... .-__ . l I I ~ t . , Curri Schneloer Associates AlA. PA Architects. PI,mner'i & Interior Designers ~ 25 Seab,eeze IJ~Z. \ Delray Beach. Fl . 33483 4- October 1. 9, 1. 988 .3.-:." 305/276-4951 429.1566,737.2279 OCT 1 9 1988 G!T'i M':"'-'-~'H.!;::,~ ,:. ~:,;:FICE Mr. Walter Barry, City Manager City of Delray Beach 1.00 Northwest 1st Avenue Delray Beach, Florida 33444 Dear Mr. Barry: It has been brought to my attention that a position is now open on the City of Delray Beach's Board of Construction Appeals~ I would like to express my interest in serving on this board and would appreciate your support. Enclosed which I board. for your review and perusal feel clearly exemplifies is my a copy of my resume, ability to serve on the Thank you for your consideration and should you have a~ questions, please do not hesitate to contact me. " Respectful ly iRRIE se Larr ~'sc nei:er, Part er AlA, PA AlA cc: City Commissioners encl. r ''''''- , ~. -.-.-.- .. , l _. l . I l l , I LARRY M. SCHNEIDER AlA, CSI PARTNER Mr. Schneider is a Partner with the Architectural firm of CURRIE SCHNEIDER ASSOCIATES AlA, PA. In addition to his commitment to the Architectural profession his career has been enhanced by the positions he has held with various professional organizations. A graduate of the University of Florida in Gainesville, Mr. Schneider received a Bachelor of Architecture degree in 1973. Mr. Schneider is a registered Architect in the State of Florida and is NCARB certified. Mr. Schneider is an active member of such organizations as the Construction Specifications Institute, Southern Building Code Congress International, the National Fire Protection Association and the American Institute of Architects. He currently holds the position of Secretary/Treasurer of the Florida Association AlA. As a private citizen he participates on a list of community service organizations including the Village of Palm Springs Planning and Zoning Board; Code Enforcement Board and Board of Appeals. He is a member of State of Florida Handicapped Accessibility Committee (a committee established to create new legislation for the purpose of updating the Handicap Code for the State of Florida); the Palm Beach County Fire Code Advisory Board and Fire Code Board of Appeals and Adjustments and is Chairman of the Commerce and Industry Drive for the American Heart Association for Architects in Palm Beach County. " ~ r '-- ~ l L ! ! I I ~ ---...--....--'..- - -- , . , The following is a chronological list of Mr. Schneider's professional and community activities: 1977 Member 1978 Director Chairman Member Member 1979 Secretary Director Chairman Chairman Member Member Member 1980 President Chairman Treasurer Member Member Member Member Member Chairman - Florida South Chapter AlA Government Policy Committee _ Palm Beach Chapter AlA Executive Committee Palm Beach Chapter AlA Education Committee _ FAAIA State Fall Conference Committee AlA National Practice Management Committee Palm Beach Chapter CSI _ Palm Beach Chapter AlA Executive Committee _ Palm Beach Chapter AlA Education Committee Palm Beach Chapter AlA Bylaws Committee _ FAAIA State Fall Conference Committee _ AlA National Practice Management Committee _ Village of Palm Springs Code Enforcement Board Palm Beach Chapter CSI _ Palm Beach Chapter AlA Bylaws Committee Palm Beach Chapter AlA - FAAIA State Fall Conference Committee _ AlA National Practice Management Committee _ Village of Palm Springs Planning and Zoning Board _ Village of Palm Springs Code Enforcement Board _ Palm Beach County Building Code Advisory Board _ Heart Association/Industry Drive for Architects " 1981 Director Palm Beach Chapter CSI Executive Committee Secretary - Palm Beach Chapter AlA Chairman Palm Beach Chapter AlA Membership Commi ttee Chairman - FAAIA Seminars and Workshop Committee Member FAAIA State Bylaws Committee Member - FAAIA Board of Directors Member - FAAIA Foundation Member ViII age of Palm Springs Planning and Zoning Board Member - Vi 11 age of Palm Springs Code Enforcement Board . . . , L l I l "-,,"".,,'- t I l t . ~-'- . - .-..,...-; '.,. ~-..-- .'- ~ ...... -....... 1981 1982 1983 1984 Member - Palm Beach County Building Code Advisor;' Board Chairman - Heart Associations/Industry Drive for Architects Treasurer - Vice President Member Member Member Member Member Member Member Member Chairman Chapter Society President Chairman Member Chairman Member Member Member Member Chairman Chapter Society Director Chairm~n Chairman Member Member Member Speaker Member Member , Palm Beach Chapter CSI - Palm Beach Chapter AlA - FAAIA Seminars and Workshop Committee - FAAIA State Bylaws Committee - FAAIA Board of Directors - FAAIA Foundation - FAAIA Credentials Committee - Village of Palm Springs Planning and Zoning Board - Village of Palm Springs Code Enforcement Board - Palm Beach County Building Code Advisory Board - Heart Association/Industry Drive for Architects Liaison for the Palm Beach Chapter of the of Architectural Administrators - Palm Beach Chapter AlA - Palm Beach Chapter AlA Awards Committee - FAAIA Board of Directors FAAIA Credentials Committee - FAAIA Budget and Finance Committee - Village of Palm Springs Planning and Zoning Board - Village of Palm Springs Code Enforcement Board - Palm Beach County Building Code Advisory Board Heart Association/Industry Drive for Architects Liaison for the Palm Beach Chapter of the of Architectural Administrators .. - Palm Beach Chapter AlA Executive Committee - FAAIA Credentials Committee - FAAIA Budget and Finance Committee - FAAIA Board of Directors - FAAIA Foundation - FAAIA Long Range Planning Committee AlA National Grassroots Village of Palm Springs Planning and Zoning Board - Village of Palm Springs Code Enforcement Board ( - ~ l- '_ '_'r~._._'___."'__",__-__ ~ Ii i , 1984 1985 1986 !1ember - Palm Beach County Building Code Advisory Board - Heart Association/Industry Drive for Architects Liaison for the Palm Beach Chapter of the of Architectural Administrators Chairman Chapter Society Chairman - Palm Beach Chapter AlA Codes and Standards Committee Co-Chairman Palm Beach Chapter AlA Products Display Chairman - FAAIA Budget and Finance Committee !1ember - FAAIA Foundation !1ember - FAAIA Board of Directors !1ember - FAAIA Planning Committee !1ember - Village of Palm Springs Code Enforcement Board - Palm Beach County Building Code Advisory Board Chairman - Palm Beach County Fire Code Board of Appeals - Palm Beach County Fire Code Advisory Board Heart Association/Industry Drive for Architects Chapter Liaison for the Palm Beach Chapter of the Society of Architectural Administrators !1ember Chairman Chairman .. Vice President Trustee !1ember !1ember !1ember !1ember !1ember - FAAIA Commission on Professional Society - FAAIA Foundation - FAAIA Planning Committee - Village of Palm Springs Board of Appeals - Village of Palm Springs Planning and Zoning Board - Village of Palm Springs Code Advisory Board - Palm Beach County Building Code Advisory Board - Palm Beach County Fire Code Board of Appeals Palm Beach County Fire Code Advisory Board - State of Florida Handicap Accessibility Special Committee - Palm Beach County Citizen's Task Force - Heart Association/Industry Drive for Architects Liaison for the Palm Beach Chapter of the of Architectural Administrators Chairman Chairman !1ember !1ember Chairman Chapter Society r , l ~,. L _..-_w_._- ._...-... _-__ l I I I I . ~ . , , 1987 1988 Chairman Member Secretary/ Treasurer Treasurer Member Member Member Member Member Member Member Member Member Member Chairman Speaker Chapter Society Chairman Member Secretary/ Treasurer Treasurer Member Member Member Member Member Chairman Vice Chairman Vice Chairman Member , - Palm Beach County CSI Awards Committee - Palm Beach Chapter AlA Past President Council - FAAIA - FAAIA Foundation - FAAIA Planning Committee Village of Palm Springs Code Enforcement Board - Village of Palm Springs Planning and Zoning Board - Village of Palm Springs Board of Appeals - Palm Beach County Building Code Advisory Board - Palm Beach County Fire Code Board of Appeals - Palm Beach County Fire Code Advisory Board - State of Florida Handicap Accessibility Special Committee - Palm Beach County Citizen's Task Force - Palm Beach County Security Code Committee - Heart Association/Industry Drive for Architects 38th Annual State Prevention Conference Liaison for the Palm Beach Chapter of the of Architectural Administrators of Florida Fire .. - Palm Beach County CSI Awards Committee - Palm Beach Chapter AlA Past President Council FAAIA FAAIA Foundation FAAIA Planning Committee Palm Beach County Security Code Committee - Village of Palm Springs Code Enforcement Board Village of Palm Springs Planning and Zoning Board - Village of Palm Springs Board of Appeals - Palm Beach County Building Code Advisory Board - Palm Beach County Fire Code Board of Appeals - Palm Beach County Fire Code Advisory Board - State of Florida Handicap Accessibility Special Committee I L , ~ I l , l ~, .:..- ..--. ..... - "..~...." . ...-............,.... -......--.. ~ l 1988 Chairman Speaker Speaker Chapter Society , - Heart Association/Industry Drive for Architects - 39th Annual State of Florida Prevention Conference - Construction Specifications Institute National Convention Liaison for the Palm Beach Chapter of the of Architectural Administrators r ~ '-... I l L , I I I " i . Fire '. . ----_.".- - ,. 4." ~ _ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Chfw!e.s E.. ~fh NAME Itso Ikm e fA) {J/)d /.3/l/d HOME STREET ADDRESS, CITY, ZIP (LEGAL f2D / 11 /30 7 j]j ra.r B-M cfr 33'9~.5 RESIDENCE) a..d .3.3 &f 'If ZIP 'J7j.3S-qg- ;2.7;; -&6ot) HOME PHONE BUSINBSS PHONB ON !UlAT BOARD,s ARE J..PU INTERESTED"IN SEIlVING A4Juqml/;(7.5. f I Z ~ 4" ra. c t..9. r.<; r4. t1. I1A /111 t< f J:)~t1 M C.d 5- LIST ALL CITY BOARDS ON WHICH Y9,U ARE CUIHlEP'!}Y, SiRVING.,tOR HAVB .ERlVIOl1SLY SBRVEP (Please include dates) ....J:1tra:d OLlklJ()SLfYle~.L:~ Ir7.S--7? . ., BDUC-ATIONAL QUALIFICATIONS B5 Oz..crre~ ,~iJ-f"cU, En? '. LIS~ll)..t?~Ef~T~~ P~~~~Crs:;J};.A TIO~~ APD~~~~Ia 1~'h..B~:. ~~~~~R PRESENT, OR MOST RECEN~ EMPLOYER, AND' POSIT~ON ~~;I~Mer DESCRIBE EXPERIENCES, SKILLS O~KtlOW.LEDG~~ Q~IFY' YO'U T THI~OARD. :5fj;~:, g:::; c /Cl0, I 7 ():.e tv.. . Il cl,. ~ . . ,.,c; ., .~/~_ --- ON PLEASE ATTACH A BRIE~-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. ~~~ SIGNATURE ----. ~~0jJgL__ DATE ~ I L. l l . .-....-~ ~.... -....--. _P'-""'''','- -~- ! . " , 6!rt.este Construction Corporatt.on ,'"Il':i(, \\ \(d 11\1 L"'''.~''''.''.'''''''''' 'I, . , -. /.,~ ~ . BUILDING AND GENERAL CONSTRUCTION GENERAL CONTRACTORS ENGINEERING ESTIMATES AND APPRAISALS Phone 276.4l31 336 N, E. Third Avenue DELRA Y BEACH. FLORIDA f\:. t, ~'- ^.d4reu", Reply to: f6~t OHi~_~;< Box 332 F,I. ..,,,'",, Board of Construction Appeals DELRA Y BEACH. FLORIDA 334H OCT 1 7 1988 October 14, 1988 CI-j y i'~li;,:'J:\uc. or,:: C;;:FIC.E City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL, 33444 Re: Vacancy on Board of Construction Appeals Dear Mr. Barry: It is my understanding that there is a vacancy on the Board due to the transfer of Mr. Mark Marsh to the Planning & Zoning Board. I would like to take this opportunity to recommend Mr. Charles Toth, Architect, a former member of the Delray Beach Board of Adjustment, prior to his relocation to Colorado. Mr. Toth has returned to Delray Beach and wishes to again serve the City in a capacity where his special training and knowledge can be of beneficial use, Mr, Toth has his offices at 250 Royal Court, Delray Beach, Fl. 33444 and can be reached at 272-8600. Very truly yours, ~~'{d.ut(~ ~::~'Henderson Vice Chairman Board of Construction Appeals cc: file [Iry DF DElAAY BEA[H CITY ATTORNEY'S OFFICE \i II: i ',~ ! I I - \ :)1 \( II I U )I{IJ j \ ';..L\ ~ _+,. I"" MEMORANDUM Date: November 2, 1988 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: Ratification of Petition for Certification/ Proposing that the 4DCA Certify the Issue in Kilgore v. Palm Beach Newspapers, Inc. to the Supreme Court On November 3, 1988, our office filed a Motion in the Fourth District Court of Appeal to propose that the Fourth District Court of Appeal certify the issue involved in the above stated case, to the Supreme Court of Florida for their review. Our office filed this motion to timely preserve the possible review of the Supreme Court of the issue of whether an ongoing, internally generated non-criminal internal affairs investiga- tion, is exempt from disclosure under the public records law, until the investigation is completed. The issue is of great public importance to the City of Delray Beach, as well as to law enforcement agencies throughout the state. In fact, the Palm Beach County Sheriff's office filed a Motion to File an Amicus Curaie Brief on our behalf. There is no case in Florida deciding this exact point of law, and yet the Florida Statutes provide civil and criminal penalties for failure to comply properly with the statute. Because this issue requires resolution, our office seeks your ratification and support of our petition for certification of the issue to the Supreme Court. If you should have further questions, please do not hesitate to contact our office. By copy of this memorandum to the City Manager, our office requests t~ this matter be placed on the November 8, 1988 ~.~,~ SAR:ci I a- ce Walter o. Barry, City Manager 14 ~ I '--~. ... l. --'.............-..- ---......--...,----. L , I ~ , I' [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE "(I S.I ,,, STRIIT Sl'lTl4 -.t'i;c,;:~.'\.. IntRA Y BEACH. I.LORIDA 33483. 305/243-7090 November 1, 1988 Mr. Vladimir Martinez, Associate Counsel The School Board of Palm Beach County 3323 Belvedere Road P.O. Box 24690 West Palm Beach, FL 33416-4690 Subject: Meeting of October 8, 1988 / Old School Closinq Dear Mr. Martinez: This letter is to confirm the results of our meeting of October 28, 1988, wherein the following issues concerning the closing on the "Old School" in Delray Beach were discussed and the following target dates were reached: 1. The closing was tentatively scheduled for November 8, 1988, provided several issues, including the issues dis- cussed below are resolved prior to November 8, 1988. Because the School Board wants an executed lease agreement. prior t.o closing, and the City must approve the lease prior to closing, it appears that November 9, 1988 would be a more appropriate closing date. 2. Ti tIe work has been ordered and should be ready prior to November 8, 1988. Mr. Skakandy of the School Board, was telephoned by you at our October 28, 1988 meeting and there appears to be no obstacle to receiving the title work prior to November 8, 1988. 3. The City requires the Closing costs to be itemized, with a break down of the monies expended by the School Board for roadwork as well as utilities at the new school site. In addition, the City requires a copy of the Change order and contract with Charles Whiteside, prior to closing. 4. In order t.O proceed wi th t.he leaseback to the School Board, the City requires information as to the method the School Board used to calculate the payment of utilities by the School Board, which, in the draft of the leaseback, 'J,O ~ ( L-" L ~ --------.....-."...- -- L it , Mr. Vladimir Martinez November 1, 1988 Page 2 are $550.00 per month. Mr. could be adjusted upward School Board's actual share Hukill stated that this figure if necessary to reflect the of these costs. 5. The City wi 11 need, pI'ior to closing, documents and data which describe the extent of the "asbestos problem". 6. Mr. Hukill indicated by telephone that he was firm as to the amount of space the School Board would require in' the leaseback. This space would include all of building one, except ]06, 106A, 106B, 106C, 107, 107(A) and Rooms 113 and 115 (bathrooms); provided the City is entitled to joint use of the bathrooms when school is not in session. Mr. Hukill later indicated that the leaseback agreement was to be in final form and executed by the City prior to closing indicating a firm corrnnitment on space allocations. 7. In exchange for the firm corrnnitment for space allocation, Mr. Hukill stated he would agree that the lease term in the leaseback to the School Board would expire by June 30, 1984 with no renewal periods. . At our meeting, Robert Barcinski, Assistant City Manager, agreed to contact Lee Capp regarding the utilities issue. 'The City will be responsibl~ for securing the necessary assurances regarding space allocation mentioned above in paragraph number six. As we discussed, you were to insure that the items referenced in numbered paragraphs two and three and five were available prior to Closing and a closing statement indicating the exact costs of closing, so I can make the appropriate check request. The closing statement, should reflect costs of title work as well as items mentioned in numbered paragraph two and any other fees, Charges or.credits that are applicable. By copy of this letter to Walter Barry, City Manager of Delray Beach, I am requesting that the necessary assurances described above be obtained prior to November 8, 1988 to insure a Closing on November 8, 1988 or as soon thereafter as possible. Please do not hesitate to contact listed above do not comport with meeting of October 28, 1988. me, your if the confirmations recollection of our . \ ~ - >4'. .'.....,~ ;... L - - ~....--~ , l. I l t , Mr. Vladimir Martinez November I, 1988 Page 3 It was a pleasure meeting you. I am hopeful, that by working together, the closing on the "Old School" will Occur on November 8, 1988, or as soon thereafter as possible. Sincerely, OFFICE OF THE CITY ATTORNEY CITY 9F-DELRAY BEACH,-FLORIDA '--- \ Susan A. Ruby, Esq. Assistant City Attorney By: SAR:ci CC City Commission Walter O. Barry, City Mana~r Robert Barcinski, Assistant City Manager William Hukill Robert Skakandy Lee Capp . -- .. -,-__o._ ,..~~ .",,__ ~__....___,__ _ .. ~ , , Memo From WALTER O. BARRY City Manager To: MAYOR AND CITY COMMISSION Date: 11-4-88 The attached arrived late Friday afternoon and should be considered a part of agenda Item 20. A detailed recommendation will be submitted on Tuesday night. ) .I -...., ~ 20 I :lTY D~.DELRAY BEAtH t ITY ATTORNEY'S OHleF . I( \ ~ i\ I . \( 'II. i L()I~ 11),\ .: .;-1 ~ ; ".'~-l}. 711 'II j.1EMORANDUM Date: November 2, 1988 To: Halt.er. O. BaITY, City 11ullageL From: S\lSarl A. R\lby, Assistant Ci.ty Attorney Subj ect: Old School Squa.rc The follovling i terns require City Commission action at their November 8, 1988 meeting, so that a closin9 can be held as soon thereafter as possible: 1. CiLy Commission apPl'oval of Leaseback to the School Board. 2. Assessment of asbestos problem. 3. Approval of expenditure of monies for closing. Our office expects to receive the lease, some asbestos documen- tation and a further breakdDwn on costs of closing on Friday morning November 4, 1988. Once our office has received these documents, I will rush them to you for inclusion in the agenda ..PaQkets. ~ "S~:c~ cc Robert A. Barcinski, Assistant City Manager Vladimir Martinez Frances Bourque Mary Lou Strollo 2-0 "". .t.... . --_. .\,. " . i j LEASE AGREEMENT THIS loEASE, dated this day of 1988, by and between the City of Delray Beach, Florida, a Florida municipal corporation (hereinafter referred to as "loessor") and The School Board of Palm Beach County, Florida, a corporate body politic pursuant t.o the Cansti t.ution of the State of Florida, (hereinafter referred to as "Lessee"): WIT N E SSE T H 1.. DEMISED PREMISES: Lessor, in consideration of the rent.s and covenants hereinafter stipulated to be paid and performed by the Lessee, does" hereby demise and lease to Lessee, and Lessee hereby rents from Lessor, the following described premises (hereinafter refer~ed to "Demised Premises"): A portion of the Delray Beach Elementary School locat.ed at 51 North Swinton Avenue, Delray Beach, Florida, more particularly described in Composite Exhibit "A" attached hereto and incorporated herein by refer- ence. The demised premises is being leased by Lessor in "as is" condit.ion without any warranties of liability or fitness for intended use. 2 , TERM AND RENTAL: The term of this lease shall expire on June 30, 1989; the rent shall be One Dollar ($1.00). 3. UTILITIES: Lessee hereby agrees to pay the sum of % of the total costs per month for electric, water, sanitary sewer, waste disposal, and natural gas service consumed on or rendered to the Demised Premises. yO( 'If 4. 11AINTAIN AND REPAIR: Lessee s}la"Ll, at J.ts own cost and expense, maintaiIl, clean, and repair the Demised Premises, including replacement of damaged portions or i terns caused by l.essee or Lessee's Agents, employees, invi tees, or visi t,ors, In addi tion, Lessee hereby covenants to maintain the intercom system, fire alarms, and other life safety systems in use in the Demised Premises. Lessor covenants and agrees to keep and maintain in good order the exterior of the Demised Premises, the parking area, and all "corrunon areas" in good repair. Lessor and Lessee agree to share on a pro rata basis the cost of maintenance, cleaning and repair of the joint bathroom facilities (Rooms 113 and 115). 5. LIABILITY: The parties hereto recognize their liability for certain tortious acts of their agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28 of the Florida Statutes, the State of Florida's partial waiver of sovereign in~unity, provided however, that this provision shall not be construed as a waiver of any right or defense that the Lessee and the Lessor may possess and said Lessee and Lessor reserve all such rights as against any and all claims that may be brought under this Agreement. Both parties hereto covenant to self-insure all or 11 por'tion of their- liability throughout the term of the leasehold provided for' herein as authorized in Section 230.23, Florida Statutes. 6. FIRE AND CASUALTY: In the event the Demised Premises or any part thereof shall at any time during the term of this lease by destroyed or 2 11' damaged by fire or other unavoidable casualty so as to be unfit for occupancy and use and the premises are not rest.ored or rebuil t by '-lIe Lessor wi ':hin 30 days t.hereaf, this lease shall terminate; but if said premi~;es can be n,stor'ed or rebuilt within 30 days, the Lessor, at its sole option and expense may chose to ~cst(Jre (If ]~ebLlild Lh(~ premises, and a jllst arld propor\:ionate pi'lrt of the rent provided for herein shall be paid by the: Lessee until the premises shall have been so restored. In no event. i.s Lessor undc.t the obligation what- soever to make said restoration or.-rebuilding of the demised premises. 7. NarICES: All notices herein required or permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, is served personally or if sent by Certified Mail or by any nationally recognized overnight carrier to the Lessor or Lessee at the address set forth as follows: LESSEE: School Board of Palm Beach County 3323 Belvedere Road West Palm Beach, FL 33402 LESSOR: City of Delray Beach 100 N.W. First Avenue Delray Beach, FI, 33441 8. ATTORNEY'S FEES: Should any litigation be commenced between the parties to this lease concerning the property, this lease, or t.he rights and duties in H,latlon thereto, the prevailing party in such litigat.ion shall be entitled, in addition to other relief as may be granted, to a reasonable attorney's fee and costs concurred in said litigation. :1 9. INVALIDITY OF A PARTICULAR PROVISION: If any term or provision of this lease shall to any extent. be deemed invalid or unenforceable, the remainder of this lease shall not be affected thereby and each term and provision of this lease shall be valid and enforced to the fullest extent provided by law, 10, GOVERNING ~~: All matters pertaining to this lease shall be governed by the laws of the St.ate of Flo:t:ida, with venue to be in Palm Beach County, Florida, ll. INTEGRATION CLAUSE: 'rhis lease agreement sets forth all the covenants, promises, agreements, condi tions, and understandings between Lessor and Lessee governing the demised premises. There are no covenants, promises, agreements, conditions, and understand- ings, either oral or written, between Lessor and Lessee other than t.hose herein set forth. Except as herein provided, no subsequent alterations, amendments, changes or additions to t.his lease shall be binding upon Lessor or Lessee, unless and until reduced to writing and signed by both parties. 4 . IN WITNESS I<HEREOF, the parties have hereunto executed this lease on the day and year first above set forth. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Arthur W. Anderson, Chairman Approved as to Form: Board Attorney Attest: Thomas J. Mills, Superintendent STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME personally appeared Arthur W. Anderson, Chairman and Thomas J. Mills, Superintendent of The School Board of Palm Beach County, Florida, to me well known and known to me to be the person authorized and who executed the foregoing instrument, and aCknowledged to and before me that he executed said instrument for t.l1e purposes therein expressed. ''';ITNESS my hand and official seal, this day of , 1988. Noti.u.y Public Ny Commission Expires: CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to Form: Attest: City Attorney City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME personally appeared and , 11ayor and Ci ty Clerk respectively of the City of Delray Beach, Florida, to me known to be the persons authorized and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , 1988. - Notary Public My Commission Expires: c , DESCRIPTION OF DEMISED PREMISES All of Building No. I (Administ.ration, Library, Classrooms) except the fOllowing: First Floor 107 (A); and Facilities) , notification - Rooms 106, 106(A), 106(B), 106(C), 107, use of Rooms 113 and 115 (Bathroom when school is not in session, upon of Buildi.ng Administrator. Second Floor - 205, 205(A) Together with Playgrounds and Parking Area adjacent to Building No. 1. Page 1 of Composite Exhibit "A" --.~ - --.-. - - - _.... - -... -- - .. . SCIlOOL nOARO ( "ALM IICAC" e(w .... - .........- ------..,..-- , . ~.t(' nr.Lrl,(~;i&tI';;ELC~1 ':1\' ny -', '--.. _.. '--- h. b' "A" Page 2 of Composite Ex 1 It i .. ! 1 ....--....--.-.-.. - '. ", \ I I '---- ~- ~ ~' .~-.... -".--- IIEI.I(,,)' II1.A(;11 n.r:^IF:NTAPY 111111111 ~ i -'...'-....--. ... .-.-,-"".-. ,I '."1 '.n -14"""14 , -- ."'" ,Iw , j:.) ,\..,;i;,.:\'~J.';'" !l ~" I :i " ~ii I niu . , i .i , ; Ii, I ~~ ill I l I ..,I... I ~ I , <. 'I '. ~~ , . ~... 1 ; I' i ,I I &;! . !P I;; '/'1"1"" . ~ ' ':I~,'~,'" '-'--:-',"., :~ : I.,... ,. ..... .... r"8.:.,: :::_":';.;' I~I'I"."" 'i:;:;~;::::-T~; '" . t ' '- .... j --- , g ~. ~. J ~. , ~ ~ ~ & ~ . ,!. I~ ~ e . , . 800 ..1',. ,,,' , ~ ~ ~ I , i J' / , i The School Board of Palm Beach County, Florida '\Yest Palm Beach, Florida Survey for Asbestos Bearing Materials and Assessment of Control Requirements Facility Survey Information and Sampling Results for Delray' Beach Elementary School "larch 19Si E~EK ENVIRONMENTAL & TECHNICAL SERVICES, Ir F=lENSSELAEFl TECHNOLOGY PAl=IK 128 OEFREEST DJ:llve TROY, NEW YDF=lK 121 eo (51 8J 28:3.9; 1--- D f r SCHOOL BOAR!' 0F PALl ~ACH COL1'-,l' Contents Introduction 1. Facility Summary 2. Bulk Sample Analysis Results 3. Key Plans 4. Facility Assessment Mat,ix Profiles 5. Notification Forms 6. Facility Survey Data References ENTEK Environmental & Tecbnical Services, Inc. LRAl' BEACH ELBIE!\'ARl' ~ SCHOOL BOARD 'If PAL: ~ACH CO[;;-;n: LRAY BEACH ELE.\IE:'\'TAR\ INTRODUCTIO!\' This do'cument contains spccific facility data, ficld uata, and reports of material analytical rcsults for each building in Delray Beach Elcmentary. Also includcd are notifications and information required by the EP A. All facility data was compiled using an integrated computcr program (SIMS). This data IS stored In a master data rue which was indexed to provide various sections of tIllS report. Each facility report presents the following information: 1. Facility SummalJ' Each summary includes facility name and address, year of construction, floor area, construction, HY AC, facility function, number of staff and employees, and student Occupancy. It also includes locations and bricf analysis results of suspect asbestos bearing materials which were sampled. 2. Bulk Sample Analysis Results: The asbestos content and other components of bulk samples are presented in tabulated form. 3. Key Plans: A plan for eaco. building level identifies sites at which bulk samples were secured and sites at which results were positive for asbestos, using the sample identification number. 4. Facility Assessment Matrix Proliles: Each matrL, tabulates condition, accessibility, quantity, data and cost estimates for an asbestos bearing material function in the facility. Material functions include fifeproofing, acoustic, insulation; floor, wal~ or ceiling material, and miscellaneous materials. 5. Notification Fonns: Copies of forms published by the EPA which are required to be posted or distributed are provided.! 6. Facility Survey Oat;): Survey information for each space in the facility is presented in two computer generated listings: a. Facility Matrix Cell Listings: The quantity, accessibility, and condition of asbestos bearing materials is presented by matcri.:ll [unction for each surveyed spac:::, h. Suspect tvf:HcriJls Surveyed: for c:lch SUf\'CYt:cJ Sp:1CC. analysis. Construction m~lIcri:ll." suspected to contJin asbestos ;lfC listed ^ po:-;itj..,c or IH.:g:llivc rc~;ult is also listed baseL! UIl sample E1\"TEK Environmental & Technical Services, Inc. .. I '." .-., " ~ ,. . , f I SCHOOL BOART' '1F PAL, eACH COlJ1\"TI' LRAY BEACH ELE.\IE1\TARY 1. FACILITY SUNIIvlARY: DELRAY BEACH ELEMEC\"TARY Delray B'each Elementary N. Swinton & Atlantic Avenue Delray Beach, FL 334-'.4 Facility Contact: Lenore A. Dupee, Principal Facility Data: Date Constructed: 1925, ~5 Floor Area: 47,588 Construction: wood frame/masonry brick HVAC: ducted supply Function: classroom/administration Buildings Inspected: Buildings associated ....ith the school which were inspected as set forth in EP A regulations, Section 763.105 of 40 CFR 763, "friable Asbestos-Containing Materials in Schools; Identification and Notification": a) Buildings in which asbestos bearing materials were found: Building #1 Vinyl floor tile', acoustical plaster b) Buildings in which no asbestos bearing materials were found: Building #2 Building #3 Buildings Not Inspected: NONE 'In its present condition, this material is not considered friable; therefore, reporting is not mandated by EPA regulation 40 CFR 763. However, this material could release ubers undcr conditions of severe disturbance, such as machine cutting, sanding, or grinding. Therefore, this material is described in this report and monitoring is recommended. ENTEK ED\ironmental & Technical Services, Inc. DBE.l-1 "". - SCHOOL BOARD OF PAL\-. ACH COL"J\T\' ~RAY BEACH ELE:'>IEl'.'TARY Building Occupants: The following is a summary of the school population on the date of this report: Students: 256 Faculty: 27 Staff: 17 Field Observations: Delray Beach Elementary is a three (3) structure facility, comprised of three (3) two-level structures. All of these levels are above grade. These structures were thoroughly inspected. construction materials were surveyed, and materials suspected to contain asbestos were sampled. Attention was particularly directed towards friable materials. As defmed by EP A documents, a friable material can be crushed or reduced to powder by hand pressure when dry2 EP A regulation 40 CFR 763, Friable Asbestos-Containing Materials in Schools; Identification and Notification, is specifically concorned "'th friable materials.l For reporting and control purposes. lhe sampled mate:ia!s are classified by application types as surface treatments, the:mal systcm insulation, and olher mate:ds. Surface treatments include spray applied or troweUed fireproofing, finishes, 0: "coustical plasters. The:mal system insulation includes the materials on pipes, valves, connodons, stacks, Oues. aod heating generation and exchange equipment. Such insulation. typically has an inne:. friabio insulation layer beneath an outer protective layer or coating. Other materials include wall. Ooor and ceiling tiles; and other miscellaneous materials such as gaskets, duct connoctors, exhaust hood insulation, laboratory tables, and fire doors and curtains. The major suspect materials which were sampled in the Delray Beach Elementary School buildings included acoustical plaster, pressboard ceiling tlie, and vinyl Ooor tile. Results of materials sampled at Delray Beach Elementary School are presented by application type in Table I, Suspect Materials Sampled at Delray Beach Elementary School. It should be noted that the content of insulation on thermal systems can vary with the application, type, vendor, and time of installation. Because of this variability, system complexity, or replacement, sections can differ in content. Analysis results cannot accurately reOect composition other than the sampled section itself. The number of samples was considered a reasonable balance between the need for surVey definition and considerations of damage and cost effectiveness. Pipe and equipment insulation is best considered asbestos bearing unless analysis demonstrates otherwise or the material is clearly constructed of fibrous glass with no plaster components.2 It should be noted that the content of vinyl Ooor tiles can vary with vendor and time of installation. Because of this variability, areas can differ in content. Analysis results cannot accurately reOect the composition of an entire area other than the sample area itself. The number of samples was considered a reasonable balance between the need for survey defmition and considerations of damage and cost effectiveness. Hence, for this facility, vinyl tile is best considered asbestos bearing. Survey procedures, as agreed upon between E/'o.'TEK and The School Board of Palm Beach County, Florida, did not include breeching any fixed barriers (example: plaster walls or ceilings). Therefore any suspect materials such as Thermal System Insulation found behind these fIxed barriers could not be accurately measured. Estimates for any discernable suspect materials are included in their proper matrix profIle, however, it sbould be noted that additional material may be accessed due to disturbance or during renovation. El'."TEK Environment.:ll &: Technical Services, Inc. DBE.l.2 It SCHOOL BOAR" OF PAL: ~..\CII CClC,n' .LRAY BEACH ELE.\IE"'AI(Y Table 1. Suspect l\lateri:i1s Sampled at Dclray Beach Elementary BuiJding Locations Muterbl T)'pe Asbestos Content Muteriu' Conditiun SURFACE TREATMENTS: Building # 1 Acoustical plaster tinish coat ~-6% chrysotile Intuct Building # 1 Plaster scratch coat Not detected Intact THERMAL SYSTEM L'iSULATlON: NONE OTHER MATERL-\LS: Building # 1 Building # 1 . Vinyl Ooor tile Not analyzed Intact Pressboard ceiling tile (1."<2) Not detected Intact Building # 1 Pressboard wall board Not detected Intact ENTEK Environmental & Technical Services. Inc. DBE.l.3 SCHOOL BOAR" '1F PAL~ ~ACH COli!\TY Submitted to: .- Material Source: Laboratory. SAMPLE DESCRIPTION Bldg. #1, Rm. 103 Floor 1 x 1 Tile Vinyl Bldg. #1, Rm. 104 Ceiling 1 x 2 Z-spline tiie Pressboard Bldg. #1, Rm. 106B Ceiling Outer layer Plaster Bldg. #1, Rm. 106B Ceiling Inner laver Plaster . . Bldg. #2, Rm. 206C Wall . Sheathing Pressboard BULK SAMPLE A\'.-'.L YSIS RESULTS: Ashestos The School Board of Palm Beach County, Florida 3323 Belvedere Road West Palm Beach, FL 33402 Delroy Beaeh Elementary School North Swinton & Atlantic Avenue Delray Beach, FL 3344-+ San Diego, Califorrua/E:1ston, Pennsylv.1niJ ASBESTOS CONTE", OTHER COMPONE"iTS Nor detected Collulose, vinyl binder Nor detected Cellulose 4-6% chrysotile Plaster of Paris, calcite Not detected Quartz, gypsum Not detected Cellulose . Sample Description Order of Information: LOc3.tion System Function ~laterials E!\TEK Environmental &: Technical Services, Inc. ".f,o. I} , j ! , ~ .LRAY BEACH ELEMENTARY Project # 85530 SAMPLE r--.'1.JMBER 020287BY08 082:368Y07 OS2286B Y05 OS2286BY06 082286B Y04 DBE.2-1 SCHOOL BOAR!:' . PAL\. .ACH COl;,'.;n' _RAY BEACH ELEME:\,ARY ~ o I~ u (11-'" ~ I , ;:. - <I\f .. c: ~=I IV , ....'" 0 d Ii: IIII1 >- C!l ::; !: i -. c: ","- ~. .a - - < s I >- -' - "Eli. z <6 .>s- a .... wCl.< - '" .. = -,,-OJ "0 51 51 w >=OCJ ll~ -' w .!!~ 1- O:::! U C:-' ~t << ::! - ~ ~ < Oel. ~ 2 51 w cc>- cc V1 ~~ """ >- g\':! . . = < ~ . Si c: ~~ ~ -' u l w V1 c: ,; a I1II illll I ~ z 0 ~ ~ .. " g u ~ ~o ~~ N l/)!': ft a,- ,. ~~ ~ ~I c _ _ ;: V1 St} =-~ ~ =l" is 5-= 5 .; ~ :: ~ -' ~w :<- =< 0 "'0 ::='-:::"'<<Il: ..." ..." >- _I _ .. Ul ~ c:l Q c:.1"5~2 ~ <11", "'''' l<uUl.) ::;: 32 iS2 >- '" V1 ,,, '''' [; ~I x~ x~ - N.., ~o ~o :( e, 2 =<11 ::>'" .?:i G 00( 0< '" ~j ", , :gl >- '" ~-' W 0:1 Co . ~I I 1 1 -. .,' I 01 :.:: - , 'i'l,1I :;" 21 e . ~ .., s G Fi II!! I11I II I z '0 I < ::: N C S -.J :Il 51 g<!~=I:::1 Q. - ,.- 1-: :I~ ~,,! .., C::::: 51< 'I II! Ii! 0 ~II ~ s I 0 "I i ~ - - -..J 2' IN illli! I ~ ~II ~ ~< ~ - I- 2 :- (j) . j::! lillli Is C::::: ~I " i!ll! I I R N ",0 " ~ 2-< 2 Si'1\ S III II 'I I ~ I "' '" ~ ~ j2 " II "' => ~I S li:,r"lllll ENTEK Environmental & Technical SerYices, Inc. DBE.3-1 ..., SCHOOL BOARD 0 'L~. _ACH COUNTY ~ u " o " " ~ " il - .. -' e VI .2 ~o=:= ~ ~ S 5.~ ~ :s: ~ ~ g Q c~~,= 'ooJ' I ~ I ~U I ~ i I <; " - N.., I EJ ENTEK Environmental & Technical Seryices, Inc. ....RAY BEACH ELEMEI\'TARY N ci ~\ g U :::< Cl uc ~ <:- I "'''' >- CD '3 .li~ <r ~ u... ~. <: ~"- >- <= - ~ ~ w~~ -'i- .. :::E -1'5"' ::8 w >= CO ~ il~ w Oo::! U "'~ ~r <: <: 3 <: 00. ~ w CD>- CIl c5~ ~! >- . . <: Q::" ~ . '" w. gl u ". Vl 150 c ~ c u w 0 W N ;.::= w_ >- -u -' U1 ;u 30 ~ ~'" < ....J -<- -<- 0 "'''' V1g Cl _0 g 2 "'''' "'''' =>0 =>0 >- 0_ <:.Vi w U1 ',,,, w ~~ >;~ ~ ""- 0 i!i~ -< l- V> >- w I 1 1 :>:: . Z <t: ~ 0... '" .. 0::: '" '" 0 ~ . 0 .. ~ ,)l ~ '" 0 ., - -a. 0 '" 2 ... " Z g 0 U '" W IJ) DBEJ-2 SCHOOL BOARD or Lh. .,EACH COUN1Y DELRAY BEACH ELEI\IE1\'TARY 4. FACILITY MATRIX ASSESSMENT PROFILES INTRODUCTION A survey for asbestos bearing materials involves the assembly of a complex collection of information for the purposes of both material inventory and assessment of control requirements. The matrix format effectively combines the data in a form that facilitates asbestos control assessment. The inventory variables are accessibility, material condition, and material quantities, the most important determinants of contamination potential. SOrting the inventory database by combinations of accessibility and condition for any of the matrix cells not only provides location listings, scope of work, and cost information, but presents a single. table representation of the situation. Perhaps more importantly, the matrix provides an easily understandable stratification of contamination potential, exposure, and control sequence. The matrix approach is more than a tool for developing an asbestos control strategy and schedule. It also forms the basis of a recordkeeping system for admin.istrative applications. The survey and analytical data that provide inventory information should satisfy any compliance requirements, such as those generated by the EP A. In these ways, the matrix formal provides an actual image of the overall asbestos situation within a building and provides it in an effective and rcadily understood visual representation. The matrix image quite literally provides a picture of a building's asbestos content. Interpreting the Matrix The matrix quantities are based on condition and method of repair for accessibility of the surveyed space and the material v.ithin the space. are reasonably self e'"Jllanatory. each material type as well as Condition and repair method Accessibility of a surveyed space is derIDed as unrestricted or restricted. Unrestricted areas are spaces in which access is commonly available and not controlled. Restricted areas are those whose access is controlled and are generally accessible only to maintenance personnel. Restricted areas include boiler. rooms, mechanical spaces, janitorial areas and crawl spaces. Accessibility of a material within an unrestricted or restricted area is defined as exposed or accessible, or concealed or inaccessible. An exposed or accessible material is not concealed above, behind or below a structural fInish material. A concealed Or inaccessible material is behind or within a structural or finish surface, Or not easily contacted. Asbestos Control Prioritization The matrix is useful in prioritizing the asbestos control work schedule. With its flexibility in aspects of inventory data array arrangement, format, and SOrting, one of the most significant attributes of the matrix format is that a large amount of information is organized for visual inspection and quick analysis. Material quantities considered most sensitive (higher priority) dwell toward the matrix COrner cell of greatest accessibility and most severe damage. Tbose areas and quantities of material of least concern are found at the diametric corner. It should be noted, however, that opinions on abatement priority based on material accessibility may vary according to structure characteristics, populations involved, or opin.ions as to what combinations of accessibility and material condition are more bothersome than others. ENTER: Environmental & Technical Services, Inc. DBE.4.1 . SCHOOL BOARD OF PAL.\ _ACH COU\"TI LRAY BEACH ELEME~"TARY Cost Estimating Cost analy~ii"is another use of matrix data. Since the matrix summarizes quantities of material within each condition category, the assessor Can quickly estimate the amount and type of work that is needed. Multiplying by the local unit prices for the various control procedures, the assessor is able to convert quantities from specific cells into cost estimates. Personnel requirements are also simple to determine, assuming that staff persnnnel handle management and minor repairs while major repairs while major repairs and removal require outside specialist contractors. A detailed cost estimate for asbestos abatement is a complex organization of many variables unique to each project. These variables include material characteristics, material removal or repair methods, amount and duration of abatement, occupancy during abatement, and insurance requirements. Unit costs have been developed based on average sets of these conditions. However, tbese unit costs. will increase as project size decreases based on the contractor mobilization and set-up costs. The unit costs developed for thermal system insulation and flreprooflng include estimates for removal of asbestos bearing materials and replacement "ith non.asbestos material. The unit costs developed for other surface treatments and other materials do not include estimates for replacement as the possible alternatives vary widely in cost. All unit costs include project administration and laboratory costs. The following budgetary cost estimates were developed using the control recommendations of the assessment matrix data profiles. in conjunction "ith unit cost information. It should be noted that these may not necessarily be the most economic recommendations and that each situation would have to be economically evaluated on an indhidual basis. when an actual abatement project is proposed. Estimates were prepared for each application type of asbestos bearing materials at this facility and are listed in the following table. Costs for monitoring intact asbestos bearing material would be included in the costs of an asbestos management program. Similar estimates can be developed for other methods of control using the proper unit cost. For example, if total removal is desired. and estimate can be developed by multiplying the unit cost for removal by the totaJ quantity of material in the matrix. When an outside contractor is required, a Sl,OOO mobilization/start-up fee is included in the cost estimate. This fee is in addition to the unit cost totals and is reOected in the total costs for removal bf asbestos bearing materials in the facility. Unless all asbestos bearing material is removed, asbestos management program costs will have to be added to the estimate for abatement. No removal or repair has been recommended at Delray Beach Elementary at this time. However, abatement unit costs are attached for your information. ENTEK ED\ironmenbl & Technical Services, Inc. DBE.4.2 " SCHOOL BOARD OF PAD .Aell COC7'>n' ~RA Y BEACH ELDIE7'>TARY Table 1: List of Matrix Presentations Table Number Application T~'Pe Table 1 Surface Treatment.-Acoustical Plaster Table 2 Other Materials-- Vinyl Floor Tile ENTEK Environmental & Tecbnical Services, Ine. DBE.4.3 . - ..' . I , v . SCHOOL BOARD OF PA. BEACH COUNTY DELRAY BEACH ELEMENTARY :rable 1: Matrix Prolile; Surface Treatment. Acoustical Plaster Facility: DELRAY BEACH ELEMENTARY Project: 85530 N. SWINTON & ATlANTIC A VENUE DELRA Y BEACH, FL 33444 CONDlTION/DAI\1AGE: Intact/Minor Severe Group Totals RECOMMENDATIONS: Monitor' Remove Unrestricted Areas: Accessible: 140 0 1;40 Inaccessible: 0 0 0 Restricted Areas: Accessible: o o o Inaccessible: o o o Total Quantity: 140 o 140 Unit Cost: $ $ 0.00 $ 13.00 Total Cost: o $ o $ o . Cost to monitor intact asbestos bearing material would be included in the cost of an asbestos management program. The cost to remove all materials in this matrix, including a minimum S1000 contractor mobilization cost, would be S 2,820, excJusive of laboratory fees and specifications. ENTEK Environmental & Technical Services, Inc. DBEA.4 , v SCHOOL BOARD OF PA.... BEACH COUN1Y DELRAY !lEACH ELEMENTARY .. Table 2: l\latrix Prolile; Other i\Iaterials _ Floor Tile Facility: DELRAY BEACH ELEME)\''TARY Project: 85530 N. SWINTON & ATLANTIC A VENUE DELRA Y BEACH, FL 33444 CONDITION/DAMAGE: Intact/~linor Severe Group Totals RECOMMENDATIONS: l\lonitpr* Remove Unrestricted Areas: Accessible: 694 0 694 Inaccessible: 0 0 0 Restricted Areas: Accessible: o o o Inaccessible: o o o 'rotal Quantity: 694 o 694 Unit Cost: $ $ 0.00 $ $ o 5.50 'rotal Cost: o $ o . Cost to monitor intact asbestos bearing material would be included in the cost of an asbestos management program. The cost to remove all materials in this matrix, including a minimum S1000 contractor mobilization cost, would be $ 4,817, exclusive of laboratory fees and specifications. ENTEK Environmental & Technical Services, Inc. DBE.4.S v SCHOOL BOARD OF ~'D .ACH COL~T\' ~RAY BEACH ELEMENTARY 5. NOTIFICATION FORMS The folloWiDg documents are to be completed, filed with this report, and posted or distributed, as instructed in Survey for Asbestos Bearing Materials alld Assessmellt of Colltrol Requiremellts, Volume I, Appendix G, Regulatory Compliance Requirements (Volume I of this report). 1. Notification letter to PTA or Parents, Teachers and Staff (sample) 2. Notification letter to Maintenance and Custodial staff (sample) 3. 'Notice to School Employees," EPA Form 7730.3 4. "A Guide to Reducing Asbestos Exposure: EPA Form 7730.2 5. Guidance for COlltrollillg Asbcstos-Colltailling Materials ill Buildings, EPA 560/5.85-024. (EP A Purple Book) Required copies of the Purple Book must be requested from the EP A. Copies may be obtained by calling toll free: 1-800-424-9065. The two draft notification letters On the following four pages must be edited by school administrators . to reflect the actual asbestos control plans of The School Board of Palm Beach County, Florida. Note that the references at the end of each letter may not be deleted, as they are part of the letters. ENTEK En,ironmental & Technical Services, Inc. DBE.5.1 ~ SCHOOL BOARD OF PADl uEACH COUNTY uLLRAY BEACH ELEMEl\'TARY Sample Form TO: "pi":' or Parents, Teachcrs & Staff FROM: DATE: RE: In compliance with regulations of the U. S. Environmental Protection Agency (EP A), ENTEK Environmental & Technical Services, Inc. was engaged by The School Board of Palm Beach County, Florida on November 5, 1985 to survey the district buildings for asbestos bearing materials and to assess requirements for asbestos material cantral.l Since that time, the district buildings have been inspected, suspect materials have been located and samples obtained and analyzed for asbestos content. In addition, records and notifications required by the EPA are being prepared and executed.2 The EP A rule for bearing materials. pressure. asbestos in schools, 40 CFR 763, is written for the control of friable asbestos Friable materials are those that, when dry, can be crushed to dust by hand However, as in nearly all buildings of similar age, these school buildings contain asbestos in various construction materials. Two attachments provide comprehensive information on these asbestos bearing materials found in this School Board of Palm Beach County facility. These attachments include information beyond the requirements of the EP A, as follows: Facility Summaries: Each summary describes where asbestos bearing material Was found and what type of equipment, piping or building component it covers. Key Plans: A 1100r plan for each building level graphically locates the areas of asbestos bearing materials, noting where samples were taken. According to the EP A Purple Book, the presence of asbestos bearing materials in these buildings "does not mean that the health of building occupants is necessarily endangered. As long as asbestos bearing material remains in good condition and is not disturbed, exposure is unlikely..3 The School Board of Palm Beach County, Florida is implementing a program to ensure that the material is repaired where damaged, maintained in good condition, and that the appropriate precautions are followed when the material is disturbed for any reason. This plan, along with selective abatement actions where the materials are damaged and accessible to disturbanee, will provide increased protection for its building occupants from exposure to asbestos fibers. If you know of damaged asbestos bearing materials or suspect that a damaged material contains asbestos, please notify (th school rinci aJ of the location or other anth riz to coordinator). . . Information (for personne~ include name and title) to be filled in by author of letter. ENTEK Emironmental & Technical Services, Inc. DBE.5.2 11 ~ i , I . SCHOOL BOARD OF PAL\', ,ACH COUr--TY ~RAY BEACH ELEMENTARY REFERENCES: 1. U. S...Erivironmental Protection Agency, 40 crn Part 763, 'Friable Asbestos-Containing Materials in Schools; Identification and Notification: Federal Register, May 27, 1982, Vol. 47, No. 103, Part IV. 2. U. S. Environmental Protection Agency, 40 CFR Part 763, Subpart F, 'Friable Asbestos- Containing Materials in Schools; Identification and Notification: Federal Register, May 27, 1982, Vol. 47, No. 103, Part IV. 3. U. S. Environmental Protection Agency, Guidallce for Colltrollillg AsbeslOS-Colltaillillg Malerials in Buildillgs, Chapter 1, O[fice of Pesticides and Toxic Substances, Washington, D.C., EPA 560/5- 85-024, June 1985. ENTEK EnYironmental & Tecbnical Services, Ine. DBE.5-3 . , SCHOOL BOARD OF ~ . L~l ~";ACH COUNTY ~_LRAY BEACH ELB1ENTARY Sample Form TO: Maintenance and Custodial Stoff FROM: DATE: RE: In compliance with regulotions of lhe U. S. En,ironmental Protection Agency (EPA), ENTEK Environmental & Technical Services, Inc. was engaged by The School Board of Palm Beach County, Florida on November 5, 1985 to survey the district buildings for asbestos bearing materials and to assess requirements for asbestos material control.l Since that time, the district buildings have been inspected, suspect materials have been located and samples obtained and analyzed for asbestos content. In addition, records and notifications required by the EP A are being prepared and executed.2 The EP A rule for bearing materials. pressure. asbestos in schools, 40 CFR 763, is written for the control of friable asbestos Friable materials are those thot, when dry, can be crushed to dust by hand However, as 10 nearly all buildings of similar age, these school buildings contain asbestos bearing materials in various construction materials. Three attachments provide comprehensive information on asbestos bearing materials found in this School Board of Palm Beach County facility. These attachments include information beyond the requirements of the EP A, as follows: Facility Summaries: Each summary describes where asbestos bearing material was found and what type of equipment, piping or building compooent it covers. Key Plans: A floor plan for each building level graphically locates the areas of asbestos bearing materials, noting where samples were taken. EPA Form 7730.2, 'A Guide For Reducing Asbestos Exposure': This form educates the reader of precautions to be taken when dealing with asbestos bearing materials. It is required by the Environmental Protection Agency to be distributed to all maintenance and custodial employees. According to the EP A Purple Book, the presence of asbestos bearing materials in these buildings "does not mean that the health of building occupants is necessarily endangered. As long as asbestos bearing material remains in good condition and is not disturbed, exposure is unlikely:3 The School Board of Palm Beach County, Florida is implementing a program to ensure that the material is repaired where damaged, maintained in good condition, and that the appropriate precautions are followed when the material is disturbed for any reason. This plan, along with selective abatement actions where the materials are damaged and accessible to disturbance, will provide increased protection for its building occupants from exposure to asbestos fibers. ENTEK Environmentlll & Technical Services, Inc. DBE.5-4 , . SCHOOL BOARD OF p\L.\. _.eACH COUNTY ~_LRAY BEACH ELEMENTARY If you suspect materials, which are damaged or which you will be handled in any way, contain asbestos, or. if. you have any questions, contact (<uren;<M. or other authorized ner<onnel)' for proper procedures -and information regarding asbestos bearing mJterials. . Information (for personnel, include name and title) to be filled in by author of letter. REFERENCES: 1. U. S. Environmental Protection Agency, 40 CFR Part 763, "Friable Asbestos.Containing Materials in Schools; Identification and Notification."' Federal Register, May 27, 1982, Vol. 47, No. 103, Part IV. 2. U. S. Environmental Protection Agency, 40 CFR Part 763, Subpart F, "'Friable Asbestos. Containing Materials in Schools; Identification and Notification: Federal Register, May 27, 1982, Vol. 47, No. 103, Part IV. 3. U. S. Environmental Protection Agency, Guidance for Controlling Asbestos-Colltaining Materials in Buildings, Chapter 1, Office of Pesticides and Toxic Substances, Washington, D.C., EPA 560/5. 85.024, June 1985. ENTEK EnYironmental & Technical Sen'ices, Inc. DBE's.S . SCHOOL BOARD or L\! tiEACH CO UNIT DELRAY BEACH ELElIlENTARY fede\al.Re~ister I Vol. 47. No. 103 I Th~rsday. "jdV 27. 1962 I Rule. and Resrulation. ::3371 NOTICE TO SCHOOL EMPLOYEES In ac:cordl/"Q with EPA 'lt9ul,ltionl, this school hu r..n in$04C1l'd for fri.bl. I.aily crumbled) mll,rills Wh~ contain acbrrtCl. Fri&CI. uon"'tot-<::ont.ining rTUlln,1 may CoM.l.. I'l.e"tn prOOfen'll. Friable Is.be:stot-conuining mataria' is pr..,t in (IvMTl. of Senool) A ft'Ccrd 01 the in~jon. I di'9fam of the loCation(s) of f,i,lOI, Is..:>>t':O.-c:onUlining tT'I.I~i"lt..nd I copy of fll.vant EPA 'eogul.tions If. h.il.ole in r".'~ .~ For furthtr informAtion, interme-d persons should all ~2"';()6.5 IS&4-104()C in V'W Wn."li~. DC ....I. Signe-d: fNMTl.j {iirJ_J Dn. E,.... 'OI"M ~ "-czl ~ COOl -....0-16< ENTEK Envlronment:ll & Technical Semces, Ine. D BE.s.6 ~ .. SCHOOL BOARD OF P~L\, _eACH COUNTY , - _LRAY BEACH ELEMEI'>'TARY Federal Re,,;ster / Vol. 47.1'0. 1G3 / Thu,sdav. Mav :~. 19B2 / Ruie. anc Re.ulations 23373 A GUIOE FOR REOOCING ASaESTCS EXl'OSURE Y04./lld"OOltlui\Oi.....~~.".."iC":CO"'IU""... brn~ and "'~ ""'__ fio.n ..-TfO ~ "II, BrNtl"Il~ .l.OIrnc. "'-'.~ fie-, II d.al"qH'Ovt, Th.. lac: an-t t~k 1".0- to ,.cue:. U~ &.I" to WOrItC1 fit:.n. PiN" rue: It CM'rf\.ll/'y, '~OTECTING YOURUlF FROfoA J...Sa.E:~OS ~ of 1'" tTi..el, blJildi"'9 rr'lllrri.&1.s in your Jo:"OQJ connon act:lnl0l. F,i.ol. K.:llrnOI-<:or'lt,ir'l'~ mrurL.1I C'\,I""~,,, u....i'l and r.l.toM fit:.r, intQ tht Ii" er..,t'T'llrlS 11'lf"W' ficwf1 m..,.. e...... carc:.w' ....0 ot....... Ol_~. Tht lTlO'. ~Q1 YOo.I OI'.,tr., ~ VW'tWf 'fOJ' C"\.Inc:n ~ erl ~I"" t:lll"~. You e..... IIU cr~' Clutior'll ~ _ill rI'Ouc:. or ~i"'T\II'\n' :T'W flU::. oj botln~ UOOwd t'O 1:I.Cor'rt0l. Find o,ut from your SUc-wv;'-Or ~c ~ f'"Ol, ~OI:'1~J' c:cntll"It'lq m""....I~J ." In yOf,Jl ::"'dai",,;. Do 1"'0<:1 loiJoCJ"l or cSirT\,/~ l/'1t1'1'l Urlloeu you hht 10. If "'0I.l ml"i~ t'\lncle ,n _l:lC:nos-conulning mU"I.I, firA: li;"11'1 leo"", It ....'In .....ltt. (EP.....rtCOt'!'lmMCS using ....It" wI'l,C1"l ctlnt.I1H .....11'''5 ~,,~~. if I"-V ..,. .~.il'blc.l Wn <lSo:)orSlos'<::::mulrllnli rnaUflals ....ilt nel 'elease II many fioers. E.....n if f,iable Ubntos-c::ontnni"9 mHeori.11 art net dist'.lrbeC, 1r\Iy mlV '11uM UOI'StOI fioers. ....I'\ic::'l ....ill hll Ilowl,. tom.e flocr. 11 YOu Ir. erunin; in .reu ....1'1ICl"l C)nuin ~rw /TIn... ,i.ls, do I'ICII UM I broom; it ....ill nir t/'lt fibers into tl'le ,iT. Do r-ot UN: , ~~uum OUl'\er loll'll", it is ecuicoe-:' ....im , ~i9h EHieie"cy Partie1,,1IUt A01.01utt filter. Tt'le fibeu .are foQ vn,J1 t"'C" ~n C)I. t~ 11'\ ordin.f'y .....cIoN"" cl.......r .,-cd our '''10 1J"'W room. W,..",., c.icw"r-w; In .,...... ....,..ietl conuin fr..o.. U":)e1to.~" t.I.n.rw; ""'l'forl.il. VW Q.lmPe'!"l~ 1'l"l00l 'ne 0","'1011'11. O.mo. .~ IT\OOf 'I'\d Co..luc:.iOU''Il ....,11 rlolC ~. flOerl I'l"llolC" belter :.....n or,!, IT\OO'I ''''C: Qo.lr:CJCtrH. .na will ,~...cr :r-r nUITlOl'r of fiOefl gy: :.c:c irao :ht 'If. It II ber: :0 1.1_ mOOt _.t" Chi' PCI1.101t ""IClS .~ to U'H()oor rw''f l/'llt moc "-lid ,n,r UM. OI"W........,W fiben will De ttlU~ U t,." moo Cfln. Uv .itf'er lilin:l'!' oa."'l'101'!"Ilrd "'0:)01 Of ClOtt" or I VlCo;.oJI"!"I wi,,, I H;9" EM"ielC'l"lC"'f P.rtlC\JI.U Ab1.oluI. filmr 10 (lu" ,rUS wp\cre _It rnOOOI"l CoInMt :::w: 1.1"'0 (g,jC"l U ~r~i"; or harDWOOd flOOf'lI. ele.., Ubi" ,I'd C'I"I"'n in ~ .,.. wim c..mo eiom,. 00 /'lOt oun: t:"lit"I'\'\ .'IM brv$t'la or ....,1'1'1 cry C'Iot~, IncI 00 1'"101. UC,Nm tfoem. Ah.1:' VOU Ute ::'It moo huds .nd clOth:, OUt trlot't'Pl in. plar.ic twq .....,..de tI'lry ~ nlll ~.. OillOO9l'C mluri.P$ '^OVId .114 tie p1ac:ed in plastiC bl91 for ai,cowl. 1. 00 not h.ndl, or dinurb friaOl, asbrstos cont.inl"li ml1e. ti,ls unll'U nt'Orls.ary. .. LIST OF IMPORTANT POIN'TS TO REMEMBE' 2. If YOU m1,,1ft h.ndl. .sOestOJ-eol'\ulnins mu.ri.ah. ......et :I'\.t", fiu't. 3. If you myst din1,,1ro 'IOrstOl 110r .umol., to rtPAir. lilil"otl. .. YCloIr 1U=c-nois.or Detore Itlrti~ ....or~. Then; .. PI.aa. cl.Fti!: drooc:loth belOw thot ......Cw'~ "u. b. Sc:r.Y MOnlos-C'Onuinin9 muerill with ....nt1' boelor, yOlJdinytb it. Co MM' 11.1" tt'l.n only tnow :>I'!'1001'U ....1'10 If. /"I<f"CrIs.ary for trlII joo .... in tnt IrU. d. flut .11 tl'W asbt1:tos you r.mOVe into. /'Iu.,.y gl.nic ~. S.al tile bot9 .nd di&Qrd it. ,. Att.r the ;00, dun .It lP'lt laOden .nd tooh you I,IIofoC ...;.m. ~ dom. UAF_7'7'3I:).:r-..c:z1 II'o..J.JIooG COO( ~ f. Roll YO th. droccloth c.trI'fYlly .fld PloIt it in . pl.nic ~. OiKMC tl'lot :...;. li. CIU" tr. flOOt' belQ'W' ~ 'W'Qrl:: area ......ltTI . ......et moe. h. P1,,11 the moo ~.e .nO' t1"I clotn uW'd to elun tl"lt I>><lOen in , gJ.nie 0..: ......nil. they .rt nill "et, w.altn, e.g, .nd dtlQrd it. ~. If you mun dht\.1ro or r",""o"" I.r'ill s.ec'tion. of ubntos. =nuinin; mfnrill, .. .your WDtnoi'-Ol" befor, YOU botgin. .n. NUiOt\lI Inr.ltutl tor Oc=.lDltiOl'\l!I S.lnv .nd Hulti'!. rKlOf'T'lmtncla tl'\lt . rftOlrnor lOOtO.,td for loxic dvns be wom C\,Iri~ Lla"I WOIit. You Ii'Io..Ild m'.1 '''''~nu to tur" oHI/"W s.cnool', """,ti. I.tion ryn"", jf you ..,. oisturbin.; or r.-mo..ing '''91 walon. of t:I.tII1tOfoC)nUlnil"l9 mltl-ri.l:l. The ""tilltion IYttlm IIlot.lld r""'lin off 1,,1ntil tT'lf _ork i. c:ornPlllt<1 .nd tnt If" /'I.aa Detn c:i11lMd. ENTEK Environmental & Technical Services, Inc. ...... DBE.s.7 " n_....... ....... ,. . i t " SCHOOL BOARD OF \LM ~iACH COUNTY uuLRAY BEACH ELEME!\'TARY . 6.0 FACILIrr SURVEY DATA Introduction Survey data for each space in the facility is stored in a master data me which can be indexed and compiled using an integrated computer program, ENTEK Asbestos Survey Inventory Matrix System (SIMS), to obtain specific information. SIMS is a computer based data collection and management system for asbestos bearing materials in buildings. SIMS pro\ides control action recommendations, prioritization of control activities, and cost estimates. SHvtS also serves as an inventory system of all constructions materials ",ithin a building. This inventory data can be easily updated. Upon updating the database, recommended control acthilies, and cost estimates can be regenerated based on subsequent conditions. From the database, numerous presentations of any of the information collected can be generated by indexing specific fields and using report writing programs written in DBase III +. Two such Survey Data eompilations apparently useful to The School Board of Palm Beach County, Florida are presented in this section. These are: 6.. Facility Matrix Cell Listings 6b. Suspected Materials Surveyed ENTEK Environmental & Technical Services, Inc. DBE.6 SCHOOL BOARD Of 0.\.U. ,iACIl CO()j\"n' .LRAY BEACH ELD1E1\,ARY 6a. Facility Matrix Cell Listings The following matrix cell reports were generated from the SIMS data base by indexing the appropriate fields of data and using a report writing program written in DBASE m +, Facility Matrix Cell Listings gives a delineation of the quantities listed in each cell of the matrices found in Section 4 of this report. For each matrix in Section 4, the quantity, condition, and location of asbestos bearing materials is listed on one nf four matrix cell listings: Unrestricted and Accessible Unrestricted and Inaccessible Restricted and Accessible Restricted and Inaccessible These matrix cell listings can be used for identifying asbestos bearing materials by restriction and accessibility within the facility. Alnng with the Matrix Data ProfUe and Cost Matrix ProfUe, the Matrix Cell Listings facilitate plans for asbestos management and control. ENTEK Environmenbl & Technical Services, Ine. DBE.6a ~ SCHOOL BOARD OF _M BEACH COUNTY DELRAY BEACH ELEMENTARY SECTION 6a - SURVEY DATA: FACILITY MATRIX CELL LISTINGS ASBESTOS BEARING MATERIALS UNRESTRICTED AND ACCESSIBLE BY LOCATION AND CONDITION SYSTEM: FLOOR FUNC TI ON: ADHERED TILE,I'xl' MATERIAL: VINYL BUILDING LEVEL ROOM ROOM USE INTACT SEVERE TOTAL (t'\ON ITOR) (REMOVE) 01 1 103 K ITCH EN 594 0 594 .----~---_._------------------------------------ TOTAL 594 0 594 SYSTEM: FLOOR FUNCTION: ADHERED TILE,9inx9in MATERIAL: VINYL BUILDING LEVEL ROOM ROOM USE INTACT SEVERE TOTAL (t'10NITOR) (REMOVE) . 01 1 104A STORAG E 100 0 100 ------------------------------------------------ TOTAL 100 0 100 SYSTEM: CEILING FUNCTI ON: ACCOUSTICAL MATERIAL: PLASTER BUILDING LEVEL ROOM ROOM USE INTACT SEVERE TOTAL (MONITOR) (REMOVE) 01 1 106B MENS DRESSING 70 0 70 01 1 106C WOI1ENS DRESSING 70 0 70 ------------------------------------------------ TOTAL 140 0 140 ENTEK Environmental & Technical Services, Inc. DBE .6a.UA - 1 ,. SCHOOL BOARD OJ' PAUl _ .:..ACH COUI'TY . .J...RAY BEACH ELEI>IE~"TARY . 6b. Suspect Materials Surveyed The follo~g' inventory of materials suspected to contain asbestos was generated from the SIMS data base by indexing the appropriate fields of data and using a report writing program written in DBase ill +. Suspect Materials Surveyed lists all materials identified and suspected to contain asbestos, by surveyed building space. It also indicates whether the material is positive or negative for asbestos. These lists can be used to identify asbestos bearing materials in specific building spaces as well as sening as a facility inventory of asbestos materials. EI\'TEK Environmental & Technical Services. Inc. DBE.6b i , ; i I< . , SCHOOL BOARD Of ,LM BEACH COUNTY DELRAY BEACH ELEMENTARY SECTION 6b - FACILITY SURVEY DATA: SUSPECT MATERIALS SURVEYED .. MATERIALS SURVEYED " BY LOCATION APPLICATION SYSTEM FUNCTION MATERIAL S* R* -------...--- ------ ... -......... -...... -------- BUILDING: 01 LEVEL:1 ROOM:103 OTHER FLOOR ADHERED TILE,1'x1' VINYL Y P BUILDING: 01 LEVEL:1 ROOr1: 104A OTHER FLOOR ADHERED TILE,9inx9in VINYL Y P BUILDING: 01 LEVEL:1 ROOM: 106B SURF_TRT ACOUSTI CAL CEILING PLASTER Y P BYILDING: 01 LEVEL:1 ROO~l: 106C SURF_TRT ACOUSTI CAL CEILING PLASTER Y P BUILDING: 01 LEVEL: 2 ROOM: 206B OTHER. WALLS SHEET MATERIAL,4'XB' PRESSBOARD Y N BUILDING: 01 LEVEL: 2 ROOM:206C OTHER . WALLS SHEET MATERIAL,4'x8' PRESSBOARD Y N * S - MATERIAL SUSPECTED TO CONTAIN ASBESTOS (Y-YES N-NO) * R - ANALYSIS RESULTS FOR ASBESTOS CONTENT OF SUSPECTED MATERIALS (P=POSITIVE N = NEGATIVE) ENTEK Environmental & Technical Services, Inc. DBE .6b _ 1 . ,,'~ ). SCHOOL BOARD a. '\1..\. _ iACH COUI\'TY - ..LRAY BEACH ELEMEJ\'TARY REFERENCES 1) U. S. Environmental Protection Agency. 'Friable Asbestos-Containing Materials in Schools: Identification and Notification; 40 CFR 763 Subpart F, Federal Register, May 27, 1982, 47 FR 23360. 2) U. S. Environmental Protection Agency. Guidance for Controlling Asbestos-Coma/ning Materials in Buildings. Office of Pesticides and Toxic Substances, Washington, DC: EPA 560/5-85-024, June, 1985. (Purple Book) ,'.-" '<If l 14 "i~ilji ENTEK EnvironmenlllJ & Technical Sen'ictS. Iae. [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE JlliS.I.I"STRIHSlII14 I)) UL\ Y BJ .-\CII. ], LORlDA 33483 )05/243-7090 MEMORANDUM Date: November 4, 1988 To: City Conunission Walter o. Barry, City Manager From: Susa.n A. Ruby, Assistant City Attorney Subject: "Old School" Enclosed please find documents for the agenda of November 8, 1988 concerning issues to be discussed at the November 8, 1988 meeting of the City Conunission prior to closing on the "Old School". For your information, a meeting has been scheduled for November 7, 1988 with Bill Hukill of the School Board to resolve certain terms in the leaseback agreement with the School Board, including space requirements and utilities. Thus, while the enclosed leaseback agreement should be placed on the Conunission agenda for approval, a revised draft may be available on Tuesday which may differ from the enclosed leaseback agreement. In addition, the enclosure for payments to be made at closing should also include $2,167.42 for title insurance. Please do not hesitate to contact me if you have any questions or concerns regarding this matter. ~ )-o~ 'J9i2ii88 ----------------------------------.--------.-----.. < EF';',:,TME/n ~,; THE ':0I1Fi~LiLLt~ PFOJtCi 1~!FO;'~~TlON kl!r. Si.i~c1':'~! PAGE: .-'J ;,' .'., ..' ."1; ---------.-------------.---------------.----------- '- PROJECT NO: 1891-8743 NAME: NEW ELEMENTARY "R" j ..t . ~' <~ , . DESCRl?mN OF"F SiTE UTlLiTIES FUNDING IIIrO FU;K --j 7410 OBJeCT -j 6~oj(, FUND -_\ 346 , OEPT ---I a')2~ PPL I --} 113 mc --I 16,1 ~Sl~ I n) 61502 SM ,'- :.~ 'j. ", .), '.~ ,. . .~ :"i 4RCHITECT W.R. ffj:ZEll FEE PERCENT.BE ---) 2,655 iliSURANCE CO _n_' CI1e INS. EiP!RATI~N --} 3/25/89 A~HF:['ED: PH I: ri1 U: PH II!: CONTR~CTOR : CH~P.LES 5 BOND HiS CD, INSURANCE CO ----, INS. EIFIR~rION --. ORIS CONTF~CT ~HT-, TO,ATE CHAI1SE OD -, HEw COliTF;?CT ~n -) ~:'HTsrrlES CGliT!!{ENT~l SCOTT3[:A~~ J,)/2/8-3 hltARDED: 1 Iii itS"! t ..~..~6~d.9J.(I':' 1~15i{ 4~~,322.25 - C;';;IiGf c.F.r,Ep.: 2 OATES: OP.IG. SU~ST. COI'\?lETIOI~ ~:EVj5ED ,:OMh.EiiOlt -hh,i (iiti(l5/::3 ACTU~liCF! ------_______, .. - '~'.. PROJECT MA!iAFE.: "'\"- ,ik,,;: [ifF ~. NH::E SHEEHA'I PH)N~ -------- 4;~-2!06 .., j :~ ....'!i ,~ :"\ .'\' CO~i1ENTS RCH PHor~~ ":?:,-!(l!; CATEGoRY EST. Bli,'GET H;CU~;BEF.ED !fIClIR"; RETAwm BALANCE ---.---- -.--------- ----.----. -------- --------~ :c::::==== -------. ------~.-.- -------.-. ---~---- --------- lANO . '~i(:, ./)0 .')':' ,(iO ,(1i) itRCH (':',(1,)(:.(,) 12,;n.~3 12,779. ~3 .(1(, .'.1(' AOOTN , '.<1 1 ~ .57! "-. ;2157! .'. ,(JO .(11:, AlE PM ,')i:' ,'-J'J .':":' .1.)(1 ,(1(1 COtiSTR 25'~, {I(1(i, (I') 4-::2,322.00 472,322.5(; .03 -.53 itERIAl ,':"(1 .00 . I.!'} ,(10 ,(I,:, TEST I!JG l'J,i:'(ii:l,i)(i 5, )00.')0 :,92'7. f):.', ,(l(l 2.073.(,,) MISC .,)/) .O(i .O\t ,(10 ,(1(' FURI~ ,':I(! .1)(1 .(i(i ,00 .0(. '-:."0"[:"'" ,')',1 .'.'\' .(,0 .00 ."....h..k.. .. ------------------_.._----------------~----.-._-._--.-------..--.----------.--....-.----.--. ---._---._-------------------~---------------------------------.--.--.----..------.--------- TOT.AL: 3J:.,.j(lI).(;O $ 5(12d?2.98 t 50(),o\10.4B s .03 i 2,0i2.47 '1 ,< C I T Y COM MIS S ION DOC U MEN TAT ION FROM: WALTER o. BARRY, CITY MANAGER Q~~VffS~~TOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF NOVEMBER 8, 1988 AGENDA ITEM REQUEST FOR DIRECTION REGARDING PROCESSING OF A FINAL PLAT FOR 1410 SOUTH OCEAN BOULEVARD ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is direction to the Administration with reprocessing of a final plat known as Boulevard. that of providing respect to the. 1410 South Ocean . BACKGROUND: Attached is a letter request from William R. Seach in which he has asked to have the Commission reconsider action on the final plat for l410 South Ocean Boulevard. He is proposing that the previous plat be modified so that three single family lots are created i.e. changing the duplex lot to a single family lot. This action would be consistent with comments made by the City Commission at the time the final plat was last before you. Direct~on alternatives: Because the previous plat was denied, this Office considers the request dead i.e. reconsideration will require new fees, review and recommendation by staff, review and recommendation by -the Planning and Zoning Board, and action by the City Commission. In order to avoid these additional costs and inconveniences, it appears appropr ia te tha t Mr. Seach be allowed to have the Commission's previous action reconsidered. This is done by "rescinding the previous action" and then "acting upon the item before you". While it is not appropriate to rescind at this time (because the plat has not been revised), it is appropriate for the Commission to provide direction to the Administration as to how to proceed. These options include: 1. Direct that any plat for the property be considered as a new submittal and be processed accordingly. J-J ~ ~. : L l.. r I t I - ~t - ,......~,'~. .... ~a'___. -~...- . , To: Walter O. Barry, City Manager Re: Request for Direction Regarding Processing of a Final Plat For 1410 South Ocean Boulevard Page 2 2. Direct that upon receipt and staff review of a revised plat which provides for three single family lots, the matter shall be returned to the Cormnission for final disposition. RECOMMENDED ACTION: By motion, Direct that upon preparation of a final plat which involves only three single family lots, the matter shall be placed upon the Cormnission' s agenda. (This process does not necessitate new fees or P & Z review). Attachments: request letter REF/DJK#35/CCSEACH.TXT , I t-.. .. L .-~--,--- ....-.---- -., L I I I ~ , WILLIAM R. SEACH 1692 S. Ocean Blvd. Delray Beach, FL 33483 November I, 1988 TO: The Honorable Mayor and City Commissioners of Delray Beach, Florida RE: Final Plat - 1410 South Ocean Blvd. At the regular meeting of the City Commission referenced Plat and Property was reviewed Commission. The objection to the Plat representatives of the neighborhood was the on Brooks Lane. on October II, 1988, the and disapproved by the by the Commission and construction of a duplex After discussions with Betty Matthews and residents of Brooks Lane, William and Marilyn Seach have decided that the most appropriate development would be three single family homes, one on Brooks Lane and . two on AlA rather than a duplex or mUlti-family structure at the entrance to the single family Brooks Lane neighborhood. By this letter, we are requesting that the City Commission place this item on the agenda of your next regular meeting. The Plat will be altered to change the duplex lot to a single family lot fronting on Brooks Lane. Respectfully, /v~ /2~ AECEIVErJ William R. Seach NOY - , f9B8 PlANNlN': cc: David J. Kovacs, Director of Planning and Zoning Betty Matthews, Beach Property Owner's Association Thomas G. Purdo, Esq. Residents of Brooks Lane C ! ~ .......,.- .'-~:,'" L ~ , l. ~~'~"""',4 - r I ~ i: . , ------' RESOLUTION NO. 72-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. PURSUANT TO CHAPTER 290. FLORIDA STATUTES, AND CHAPTER 9B-37. F.A.C.. FINDING FOR AND APPROVING A DELETION FROM AND ADDITIONS TO THE GEOGRAPHIC BOUNDARY OF THE STATE-DESIGNATED ENTERPRISE ZONE OF THE CITY OF DELRAY BEACH. FLORIDA; PROVIDING FOR APPLICATION FOR SUCH BOUNDARY CHANGE; REAFFIRMING THE CITY'S COMMITMENT TO THE EXISTING PROGRAM OF LOCAL PARTICIPATION; AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. WHEREAS. in August, 1988, the Department of Community Affairs officially notified the City of Delray Beach of the one-time opportunity to change the boundary of the 1987 designat- ed Enterprise Zone; and, WHEREAS. the City Commission of the City of Delrsy Beach has determined that a boundary change is necessary to maximize the tools for community and economio development and to create a more efficient Enterprise Zpne, NOW. THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: SAc:t.Lo.n._L. That the area desoribed in Exhibit "A" and illustrated on a map attaohed to this resolution, exhibits the characteristics of an enterprise zone. SAnt1nn 2. That the speoifio ohanges to the existing boundary of the City's Enterprise Zone are as follows: (A) The deletion of the entire .portion of EZ 5107 lying east of Swinton Avenue. and that portion lying west of Swinton Avenue, between N.W. 2nd Street and N.W. 4th Street (approximately 101.45 acres) . (B) The addition of the area west of Interstate-95, east of Congress Avenue, north of the L-32 Canal, and south of the oorporate limits of the City of Delray Beach, Florida. exoluding that area whioh is reserved for residential use (approximately 67.99 acres and.oontiguous to existing boundary). (C) The addition of the area lying Avenue and south of Atlantio referred to as Congress Park South (approximately 60 aores eXisting boundary). (D) The addition of the east side of Congress Avenue. southward from the southern boundary line of the eXisting Enterprise Zone to Lowson Boulevard/S.W. 10th Street (approximately 29.62 aores and oontig- uous to eXisting boundary). west of Congress Avenue. oommonly and Congress Park and oontiguous to (El The addition of the area generally lying east of Interstate-95. west of S.W. 8th Avenue. north of Linton Boulevard. and south of S.W. 4th Street (approximately 275.58 aores). J~ .--....../ Se()t.iOfL3~" That the local participation items listed in Attachment ,. E" of this resolution represent the same items as previously approved by the Department of Community Affairs with no reduction in the level of local participation. Section"..4._ That this resolution shall take effect immediately upon its passage. day of PASSED AND ADOPTED in regular session on this the 1988. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 72-88 "ATTACHMENT A" ENTERPRISE ZONE LEGAL DESCRIPTION FOR PROPOSED BOUNDARY CHANGE Beginning at the intersection of N.W. 4th Street and Swinton Avenue, thence run westerly along N.W. 4th Street and Lake I da Road to I - 9 5; thence run north along I-95 to the easterly projection of the north boundary line of Tract "J", Delray Park of Commerce as recorded in Plat Book 54, Pages 188-190, Palm Beach County records; thence proceed westerly along said easterly projection and the north boundary line of Tract "J" to the east boundary line of Tract "K", Delray Park of Commerce; thence proceed northerly along said east boundary line to the north boundary line of said Tract "K"; thence run westerly along said north boundary line to Congress Avenue; thence proceed southerly along Congress Avenue to the north boundary line of Congress Park 1 as recorded in Plat Book 44, Pages 194 and 195, Palm Beach County records; thence run westerly along said north boundary line to the west boundary line of said plat; thence proceed southerly along said west boundary line and the west boundary line of Congress Park South, as recorded in Plat Book 47, Pages 98 & 99 to the south boundary line of Congress Park South; thence run easterly along the south boundary line of Congress Park South to the west boundary line of Block 2 of Golf Park, as recorded in Plat Book 26, Page 141, Palm Beach County records; thence proceed northerly along said west boundary line to the north boundary line of Block 2 of Golf Park; thence run easterly along said north boundary line to Congress Avenue; thence proceed southerly along Congress Avenue to S.W. 10th Street (Lowson Boulevard); thence run easterly along S. W. 10th Street to I-95; thence proceed southerly along I-95 to Linton Boulevard; thence run easterly along Linton Boulevard to S.W. 8th Avenue; thence proceed northerly along S.W. 8th Avenue to S.W. 4th Street; thence run westerly along S.W. 4th Street to S.W. 12th Avenue; thence proceed northerly along S. W. 12th Avenue to S.W. 3rd Street; thence run westerly along S.W. 3rd Street to S.W. 14th Avenue; thence proceed southerly along S. W. 14th Avenue to S. W. 6th Street; thence proceed westerly along S.W. 6th Street to S.W. 15th Terrace; thence run northerly along S.W. 15th Terrace to S.W. 3rd Court; thence proceed easterly along S.W. 3rd Court to S. W. 15th Avenue; thence run northerly along S.W. 15th Avenue to S.W. 2nd Street; thence proceed easterly along S.W. 2nd Street to Swinton Avenue; thence run northerly along Swinton Avenue to the point of beginning. "ATTACHMENT B" ENTERPRISE ZONE ADDRESS RANGES PROPOSED ADDRESS LIMITS (ADDRESS RANGES) DIRECTION NAME LIMITATIONS ODD/EVEN START END --------------------------------------------------------------------- NORTH SWINTON AVE. WEST EVEN 10 138 SOUTH SWINTON AVE WEST EVEN 10 144 NW SECOND ST. SOUTH EVEN 200 1740 NW FIRST AVE. ALL ALL 41 139 SW FIRST AVE ALL ALL 18 143 NW SECOND AVE. ALL ALL 108 134 SW SECOND AVE. ALL ALL 15 148 NW THIRD AVE ALL ALL 10 144 SW THIRD AVE. ALL ALL 108 147 NW FOURTH AVE. ALL ALL 17 140 SW FOURTH AVE. ALL ALL 10 150 NW FIFTH AVE. ALL ALL 5 182 SW FIFTH AVE. ALL ALL 25 134 NW SIXTH AVE. ALL ALL 16 143 SW SIXTH AVE. ALL ALL 10 119 NW SEVENTH AVE. ALL ALL 9 135 SW SEVENTH AVE. ALL ALL 11 139 NW EIGHTH AVE. ALL ALL 17 135 SW EIGHTH AVE. ALL ALL 19 146 NW NINTH AVE. ALL ALL 13 .5 145 ENTERPRISE ZONE ADDRESS RANGES PAGE (2 ) ADDRESS LIMITS (ADDRESS RANGES) DIRECTION NAME LIMITATIONS ODD/EVEN START END --------------------------------------------------------------------- SW NINTH AVE. ALL ALL 20 148 NW TENTH AVE. ALL ALL 13 140 SW TENTH AVE. ALL ALL 19 136 NW ELEVENTH AVE. ALL ALL 10 136 SW ELEVENTH AVE. ALL ALL 24 141 NW TWELFTH AVE. ALL ALL 11 140 SW TWELFTH AVE. ALL ALL 24 141 NW THIRTEENTH AVE. ALL ALL 20 144 SW THIRTEENTH AVE. ALL ALL 11 148 NW FOURTEENTH AVE. ALL ALL 31 145 SW FOURTEENTH AVE. ALL ALL 17 147 SW FIFTEENTH AVE. ALL ODD 119 145 NW EIGHTEENTH AVE. ALL ALL 2 241 SW SECOND ST. NORTH ODD 15 1937 SW FIFTEENTH AVE. ALL EVEN 202 240 SW THIRD ST. ALL ALL 1416 1518 SW THIRD CT. NORTH ODD 1505 1521 SW FIFTEENTH TER. WEST EVEN 302 520 SW THIRD ST. SOUTH EVEN 1300 SW SIXTH ST. SOUTH EVEN 1400 SW FOURTH ST. SOUTH EVEN 800 1198 SW EIGHTH AVE. WEST EVEN 510 1108 SW SEVENTEENTH AVE. ALL ALL 715 917 SW SIXTEENTH AVE. ALL ALL 702 957 ENTERPRISE ZONE ADDRESS RANGES PAGE (3 ) ADDRESS LIMITS (ADDRESS RANGES) DIRECTION NAME LIMITATIONS ODD/EVEN START END --------------------------------------------------------------------- SW FIFTEENTH AVE. ALL ALL 765 1080 SW FOURTEENTH AVE. ALL ALL 800 944 SW THIRTEENTH AVE. ALL ALL 801 935 SW TWELFTH AVE. ALL ALL 801 934 SW ELEVENTH AVE. ALL ALL 808 929 SW ELEVENTH AVE. ALL ALL 802 927 SW TENTH AVE. ALL ALL 760 929 SW SEVENTH ST. ALL ALL 1100 1220 SW TWELFTH TER. ALL ALL 760 791 SW SEVENTH CT. ALL ALL 1111 1161 SW EIGHTH ST. ALL ALL 1001 1129 SW TENTH ST. ALL ALL 902 1810 GERMANTOWN RD. ALL ALL 1015 1311 PALM DRIVE ALL ALL 1115 1116 POINSETTIA ALL ALL 1107 1505 GEORGIA ST. ALL ALL 1103 1301 MIL FRED ST. ALL ALL 1207 1215 BESSIE ST. ALL ALL 2514 2461 ELLA ST. ALL ALL 2514 2560 SUNDY AVE. ALL ALL 2528 2550 SOUTHRIDGE RD. ALL ALL 905 LINTON NORTH ODD 900 1311 SOUTH CONGRESS EAST ODD 101 975 ENTERPRISE ZONE ADDRESS RANGES PAGE ( 4) ADDRESS LIMITS (ADDRESS RANGES) DIRECTION NAME LIMITATIONS ODD/EVEN START END --------------------------------------------------------------------- CONGRESS PARK DR. ALL ALL 200 240 COMMERCE DR. ALL ALL 410 440 NORTH CONGRESS AVE. ALL ODD 41 1801 NW FIRST ST. ALL ALL 8 1860 DEPOT ROAD ALL ALL 1700 1740 Art ALl-il\lt.N I L ~U'~~11~~~Jt~Wf.M ~ 'rz EI-:;'-, . "''1/'''' / 1/\ I. 'IE~~~jj 8""" [11~ ttk . ~"-' ;- -'- L.!-L \ I r.u"'iL~tq., ~=3~' ;~"'~II ~liY~'::: .~~ ,;~;"::: I. ~ / \" / ~.'II" ;,,":~,":"::,. "/.~~I:::~.~" ~ " . 8:'J". '," : I~ ):-'t :.:: '. L' ;~_j I"~~?;' '.'~ ~ 1_-1- /LI f- ~ ~~~ ~~' ~~.~ .:. S:#J~~~~ '...... 'I!f:i l .' .~ 'nti ' '! _ '''~:-'':.:,::,i.. )~L ~: ~II~" II~~ - ~,NEr ENT~RPR1SJ f.1,: .1' II~ 'l!/j ~,~ ION f iB IJ L ill IJ.A R Y ji' '~',-, ~~:;.~ I ~ '" "~I" . :~~. '~I--',_ ~~4! ~...".............., ", "" .:1.,.. 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E flfJlY 1/" ) F11~ 1~ t;r --, ~~:C)'~~ r ;;i:!i~ .;:::::;::::,-:-::::-:.:-: :0.......... ~...'"'._ .'.' 1\ I 11\Ll1tf.t.1'/ I lJ YIW,~;'f!:~.J!"(;(~\~"I.:.qn~~',_ # L 11\ /H.l~f:~I@!'~~:rift-1~':~;;;~[RJ:J '11!'!~ \ rn.::61;'< - LA ..c"_ \ Ij::;:ljl,if.in;.%. ;,W~ ~'.:."w:<-m'''''IF JI'liff~' : ~~ ~ . I VL/~ --'-fl' ,.... ,,'!.. "'~-d~ .1';':.!11~~1t~ '~if'I~~~ :, '4,.;,.:: I ~ /:..,.1. ;mI' ':'11' ., 1,1 . '.t,.1t ''1''.. I ;",. , , ....' '1 . __. -- ; .... ~~ . "':... :' / ' ':'" .~:: I . IJ t-:-C - / ~ ,"...., :' '. . .... ..,.. . : _ . C ;;= ..., ., '. I <f ....- /1 . ' ""HH I i ~~!. ~ NEW AN[J PRIE\' I [JUS ;I~; ,,,~ "'- ENTERPR I Sf ZONESI 'l'I",g..~ 'h':~f.:, ~ 0Jf'" .. '..... .....-.. "" I "r-~? ~,I; ~~,l.... " . // '" ~ "'3lJi'1~.,,;; ~~': ~7ho~rlL""'; ". / ..~~"f';~71~1ijf' ;:'1;.~,~.~-:: ..:::'( 'iJ' "- - ~ ~.~ ~ /', .: . " '" ... : '; '~:f~~~ ' ??;;.: \.~.f~t ; ~ .~~~~ ,". I 'C...... ,...... 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'" '.: i!~ ._: I. . . : ~~f;J;~( :.:::= I j ~ ~ . . : I" .' 13.4:j:ibti:n . ' - l+\'-i{i . '~..,.:!J~ 'q I';..... z, :~;:w :""'1 I"~~~ . 3;:,' ~ . . ~fAi :~ ' "1; ~j ~ilgi~1j 0'11 '''".7.,' 31 rii~'lil~ " --11;, .l.! i1I'!li[iJ!i'1 J[ !~i ~j,i'll~j JI'U--'~ '~:_.~~ ' > 1Ii~ ij:1?~'I1f]!1Jf ' \ ' I t-..or. : ............ ,........... _. 1....."..- I' 'J .. B:.;.;J jOr'" I , I . l ,:(" f...... ...... :..J:.:.J"-'~ -"~JAr:.. J\I' ~, \ .... ...... ..--...... ~..... .,n :10.'1 r;.. ;~\it' : ~ '<........--?' ::i-.,.l]i~' " i~~ ~$;I'~ij~~F;~ifmi~.~I' ~_l~~/ ~l :,/'" /..--.,......,J................... 'I~I.tlil~:iE~WJjjJ:uil!jA' f ' 6; I ::vi!'-r Cl: tiIrmI,: /, '....... I I;ptj lEGEND ., . ,..... I+f!"" I '" n 1 .-' I1-R1'~:"- I : ! II G~~' ,. II....... ,'.,' ~ .. i 0' "/"/, ,7. - I h. ,:' .. ~ . 1i__.. New Enterprise f.ene : 11"/ I' .' '. '. ..-- r.; ,10-"_ / /, fl.' , ~ " .' '. ' /' E -H-q 01. · Ilit'....:"":;.:::: ............. ~\~~,\\,,,. Previous Enterprise Zene -~~-, ~r1'" ~ c '. .'s'W'~-\E~l''''='H.';'''i'''1'-'/"'~ :. 1 . ~~JI I.' 11....:: . ,.. , "'." ." ;..; '1{~~%..kJ:~':1I' WP@#h.''''/'. ...~~, "'.w -. --- ~1..v;;r:.. 1(.A1 lh~h_... 11~r:~j~W~rn '1/ ( ;J2,~~j.~"'J : tr.,,~ ...., h1F~ '. '.. '.........JI~:~~~!~~:j~fi:f)! . I I ::::. I \ \" . '. " ;;:, ,/! =""'-'=~o/\';? 7, ~'~.:<y..' D , ~ l' .... t .. .'.., ~~v.::- -:Jrl. __ ;,_ .~ " .~.~. ..' 1'/ .. .::.:)w"""" "'. ",,_.J '>=" w.llli!':c" 51!" :'; _~_. IP .'-----":,,..~ _ _ '" ',V.1i '. ..'~ _~;;~.\~' . -:~:.. I/o I .j .'!~;:';'~"'~;-;21 : (I' ~:. '51'.... O:i:: ~ $.' ~y~~'.....-:Nr /(.1 _', . '.=.=-'; -/'S"'i::::-:;';.:.-Sti18' ) I---~?ff x t~~ '0t,~1 n/ ."... -'" "L'...I :,rI~.:,:;Rln,:..1 l-ll.r;;tj,/--- 1....:J'~i2 ~/ . CJ....~.:.:~ !~,~i:..,; ,!~ ".:." j \k '1:nnm.m;... ~~i 'I(f, ~)III",- ~r:n,' ~'11". a . j i . ::::':'. ":. '~--uli ....f;T7; i...L1' '.... 1i~:"; II.'::: ;"",', "'i' .'--;-;c '" 'J..L ."- ..,""- -f-., I 1L1~' 1.' t.;:... ~ /7' '.I~.' ~ ~I'. t;d"'l-7) .-~~}...Y~_-:; "'""/~' ..--"---,~.,~. c- .-..~. I " =~"_. .,., ,. ,1 ,.if _..:.. ~,~ ,: .:., ,~.~i \ ,? -:.::< --, // , ;~~S3';cij;! .~r:,o'~-:'!'S'i~J'';~: "ATTACHMENT E" Local Participation Items Through Section 3 of Resolution No. 40-86, the City Commis- sion of the City of Delray Beach committed to the fOllowing level of local participation: 1. The City of Delray Beach, Florida, has implemented provisions of the occupational license fee abatement program adopted pursuant to Section 205.054, Florida Statutes, in accordance with Ordinance No. 50-86. 2. The City of Delray Beach, Florida, has implemented provisions of the utility tax exemption program adopted pursuant to Section 166.231 (B), Florida Statutes, in accordance with Ordinance No. 49-86. 3. The City of Delray Beach, Florida, shall expend a portion of its annual allotment of funds awarded under the Community Development Block Grant within the boundaries of the locally designated enterprise zone in at least the same proportion as the land area of the designated enterprise zone is to the entire Community Development Block Grant target area. 4. The City of Delray Beach, Florida, may authorize the issuance of Industrial Revenue Bonds to finance the undertaking of community redevelopment activities within the locally designated enterprise zone pursuant to the authority granted under Section 163.385, Florida Statutes and in accordance with Federal tax laws. 5. The City of Delray Beach, Florida, will target locally generated funds for capital improvement projects to the locally designated enterprise zone specifically for street resurfacing, drainage improvements and parking lot construction, in accordance with budget approvals in proportion to City-wide needs. 6. The City of Delray Beach, Florida, will provide the fOllowing additional services to the designated enterpr ises zone; ( I) twice a year special trash pick up services, (2) additional pOlice services through a specially formed Tactical Unit which will concentrate on drug related crime, and (3) increased code enforcement activities to include inspections and education. 7. The City of Delray Beach, Florida, will endeavor to reduce the impact of specific local government regulations within the designated enterprise zone. These include the reduction of commercial development parking requirements, reduced landscape buffers, reduced height/intensity requirements and zoning changes (specifically the implementation of a Residen- tial Office zone in a portion of the area). [ITV DF DElRAY BEA[H 100 N,W. 1st AVENUE DELRAY BEACH, FLORiDA 33444 305/243.7000 November 03, 1988 MEMORANDUM TO: Walter O. Barry, City Manager FROM: Lula C. Butler, Director, Community Improvement ~ RE: Enterprise Zone Boundary Change Resolution No. 72-88 Attached is the Resoultion No. 72-88 submitted for commission approval at its regular scheduled meeting on November 8, 1988. The resolution is required by the State of Florida, Department of Community Affairs as part of the City's application to change the current Enterprise Zone Boundary. Staff has determined that the boundary change is necessary to maximize the tools for community and economic development and to create a more efficient Enterprise Zone. The changes are reflective of the imput received from the Chamber of Commerce Economic Committee, the CRA and the City Commission. STAFF RECOMMENDATION: Staff is recommending that the City Commission adopt Resolution #72-88 and authorize staff to submit the full application for the Enterprise Zone Boundary Change to the Department of Community on or before the application deadline of December I, 1988. THE EFFORT ALWAYS MATTERS 22- ~ \ L-., ~"'~ ~ '-'--''-'--'-~-'---~- _. ... I I I I ! ~ , '; .... 1I~'1!1.4~'iii.~~, :.~i~'~.' "e ~J.C - V""'L) 1\ /1'. .::::.1"I-:::-:-'~I,:-;.;-s'.'j ~:~Rrn:.~!1'1L'J" ' . ",.>'~ ,"'"':L-" I I".,.. .~. .... ". "., .., .'1'1;. ~ ".:' ';.,.,.,. . -L --l.... '- ,'" .m, .. ,_ _ i):;' ~gi'tll'ffi~~'. '}.~I'--"~': I l~ \..... 'i. .". . . ~':i"'~". ='" ':\':r~- ~ . ~!r''''',1 . .. / l;;:r . ..... ~~!!' '.. '" .' -'.. ~'.. I / : , I.." . ~ f-;-: ~ tl-. -. '~..-: ',- \: ...:.. ,: ..~ '>~m': ti "'. -:-C I_-l~ '/".... ).'" .... " . ..' .,: IJ r=..-:Y.h UI/ L L ~..,~ ~.,....... .~, .... .., .-..,1 I:, i. ....--r;;/. '1/ / II - .!'~~~~~..; .'~~.3 ;-;X;, '''.'/1 "NEI ENTERIPR I Sf ~ '", "~I ~\,~., " . C7 -. ".:.,\.....!.... "'. ..... "'L ~ '" -:1- >',_~ ~l'- ........f!A ~ "e '. '''.., "', ":' "~.~':j~.." ~ ".",,-~...-!.., ... "'...... " ..... ,..... , " "h. ~" .,;':'~1~'~: ....,.~'~. h_" '... ~"''';:::: ...... '.. :". """. 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IFi.,. !l ,.! I:,';i& : J. "'~.'.'.J~':""'." .:,:,:,:,: :,H~'}.n r:,I~'T':""'~", !11t1 '.1' '. ..... ..'. !.' ~I.. '1]~ItI .: . .......... .r .. .. .);.~ . r.-atrl t'lt, ~',..,.,... I .......... . ,rr., ..."--J.t. .,.. :'::'. ..J. ' HI.I',.' . _ ....L;" .. 'Y: '. ~8~1'~~II'H"''''' ,,:" - - ~.~m." :~... ITlitl" '1U','j~11'1' .~- r--- r 1-JiJ('J I -" . . '" .r.DUt:L '':1"lJ:tJ.:J...... ,,, lI'I~"'H.J'I'I,1 ' (. :L;;'~ ; !u . / _m IIIIJ a I IT..... , . :'j t.!. ~ \,. J ..... . EEB3.~~ .. ,'-.1;." ., ..... :N ~1~:..~' h \ :~1:!~t ".,........ ::';J::~ . .t ~ .,.,.",.,... f!= ~ ~~2ttj;I:~;':"')~\"":~/~"~' ....~:~II.. ~ ~~.... ':::... ~!~:..:::.. ' .r. ,/. "., + . II ~ m...... . .....J ...... .J!I -.......,. "'':'';. ~ II '.~ . ~ . I"u I . ''''='''~. .'., 0 ~~ ,. 'i . - '. . L::' , , .. . i.... ! 1"'. Ii . . fH ' ~:. .. :. .,. . .. " r i!!!!=: :: ~L-J'"fu'. . (i ~ 'I'il"r. '!' I ..: ~ --~N~~i .',t~'dim1"F~I~". iJlJ~"', ... ~. .~: :. ;p" .: ."..ri.;;,:al' It ~ I' . . \ . \,' . ..."1 I _ _'_!. ~\:~..,': "lG/'{l < ~ 1:1"':'," '~~';;r:t:W'~ ~ . .-~' ~~ "~ : . --- \. it". I '. z.. .' I'" ~". " ,I , j ".., w '~c...Q:;: -'r...~...g':r'~I:"" "/~ljl~,.. '. '. - '.: " . \ I.t I' , ... : \ I \ ,W T" j \ C ". f , ~~Q:;:\ 1 \~lri'~'L; EY; li ~ 'i / . I.~.' .~ ,/..1 .ffI~ -J ' · fj'~' . IBtRl f! ~;L;r'~~.~ j..' f I ~~. ~:l:::':';"'I'i - --: '~li ;'.::." J.'. .. .;. .~ ~~ 1. ;!' i"Bili., . . '"~'~"-.....'. I !;~ ""0';:"1 _........., ,_ .. - y ....-. " '. !.~I <0'. 1_ oS' -...L ~, i::,.:..' '. 'l'if,t. I~' . r._.. _ . ".' IITtlU1T .....IllIo....JA,,~ .;1....I.rr:..r-i.i.f1.'1~. 1= . .. ,".: 1.....1,~ ,../ / ' .!..,.... . ___ ..... - g;~ ~.=::- ~ ..' _ .~ 6 - I .+. I: '. , :- ~ ;::J~ . ~liillr'--- ~ /'r~' _ _.f __' ~_ g .L -....;;1:~~ -_'~,f:E:~~/1FlL~; :;/1." ,- '~'; ~_. , t _..; .:. -0- ~ . - :nt..:l. I 'rl ___ . ! II j ~~.*i~':.J j I --l!~~:: ... -- ~. I '.~ ;:.... ....,. . iKr'f ft U . I"~ - I ~~- _ ::/f( :,!," .....~~.~....... . 'i!.~'1 :.!j '6~ ~~ I\'~I"' \\\ D";! I l.l~ iIlr.liW (.-:;:~:&1I:-f'-!;i'f!;...l;;r,,'.'.... _..J..,,, 1~\ ~ i \u,," 'i!'~""1 ~:? '~~Ir.- ''',J.l~tJ:I'~'': t.. :lli.:Jj' ~ ~ i'-- ._~.t\\, '. III ~~, .~,.~!.:~~~1 ~ t ....... ~'.., T~ _;~~___ ~ \' . '"" -<v .:A!.',:'.:r.J :- ~. -...,;.." . -.~~"-_ ':" _ e _.., ~ .... ",-"",,,,, I '" " , .' , ~,- ~ .1- fJ. LIIM/ lYiB r 1m ~, ..' .J .il m I . I,' ., ~. , , \ I . * W.I". I ;". \ 'Jr/ ....:1>. f . . '. . ," oj. ~I --.. \ \ I \L ~. ..-..-.-...--...-...-.-.-..--.....-.....--. '. I I i I ~ , [ITV DF DELAAV BEA[H 1'10 \JW 1ST AVENUE DELRAY BEACH, FLORIDA 33444 205.. 243- 7000 November 03, 1988 MEMORANDUM TO: Walter O. Barry, City Manager FROM: Lula C. Butler, Director, Community Improvement ~ RE: Enterprise Zone Boundary Change Resolution No. 72-88 Attached is the Resoultion No. 72-88 submitted for commission approval at its regular scheduled meeting on November 8, 1988. The resolution is required by the State of Florida, Department of Community Affairs as part of the City's application to change the current Enterprise Zone Boundary. Staff has determined that the boundary change is necessary to maximize the tools for community and economic development and to create a more efficient Enterprise Zone. The changes are reflective of the imput received from the Chamber of Commerce Economic Committee, the CRA and the City Commission. STAFF RECOMMENDATION: Staff is recommending that the City Commission adopt Resolution #72-88 and authorize staff to submit the full application for the Enterprise Zone Boundary Change to the Department of Community on or before the application deadline of December I, 1988. THE EFFORT ALWAYS MATTERS 22- . ~. r_#...._ .-, --.. ...-_' '. ~ , It! 1 ALtil1lt.N 1 L .r.:-"".':~~l'~~~,~,~/'~]l~'~'.~'~~t_."~"'~~' f! / ) 1\ /:....::::.. .~:;:-:.,:. '..ri:~triR 1l , :- -.L L. . \ J~ ~ ',-,... ~ ",_1'ik;:. .. . . . :" "~!i>ir', l'ii" , ~ . ~ - - '_. ,If"'"' ~ r.:: /" 01 -. ..,' .....~~ 10. ~~~. {~'. ;.r,.I[f'" '>'-: ., II / ,'" ." .... . . . '.r.... '::;-, ~'" .... . .' > . .j, ~ \ - I:,.... . . .,....,. F.: ~ '. '. .. ,.. I VI J... .. _ . . ... - -:::.-r" inl_ IS r.:.. . V :t ....:. /, I : ....... u: ..../.. .! " ..0;"...... #. . . ~ 1-9;I';~ ~'- ....:: m[~ .,..... .~ ".... .... ,-; ..~ ir.-:i~'~' ~""" , "'.~, . . " ...... , '" <.._~, :'r, . :... '. I , . _~ '..... .... .,. . . Y.lj. =. ~ ."', ~..",'. ,.: . . .~,.. "M" 'A~?.....' ... .... . '. . '. ..!,-~ if' !;j.... .:. ':'.\'. 'r.t::., In """':;:" .'. .. ....:if "/_~ ':-~.,~~~>'~:'<. , ~ '" 1<.: . ""J.'. ' ~... }~. ':'. I , '-.::;" iII1C'AK Ill' . . "'a. ... l....~".: . I i/ '0 . 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' l-CJ":lL"'I'~I"H1;~G' ~ "1':""_: .'.,._ . ... - :. . 7 ,_ ,; \, 9/ . I ", ." ,iii, '.. --' ' : Q::;; , I II; I lE1 ;;:~ ;3 ~ 1-1/.1. .- ~ "" f- _ r '- ..... .~. J ,. ..1 ~ffi . .. 'n~' . .':::' d:::::' " \ /l:!'f' ~m .;r!~1 j)~ ~ -- -- .~ '.. ~11~'''' . ,~~\/ \I~'~'L ;~~i~ru ~~. ',.- ." .. ..~~.. ;:i -. .' ~.' i~i; I ~~ ~ / . Z ii, l .~ ~-- .. ...~1- -~ -- . r . ;~k' . I '1" i'. Z / ' " ~,-i~~~~1.Q..1. . ;: ;'11 ... oS' ;~~;~kJ,I: !I~,:.t1"'" j', ' , ::::: __ (A. ~~:, . ri: "'l,,'.m; i '1r-;:rI~' -.' .... .. .'1(1/ r,~~. ......lo... ,:;Uf,:mi';',ifil.nlf: - r . ~ , .. - ,." ..u . .... ,. 1 . " ~~~~_~S5'1 + '.- /' ..:' "':----..:::::. .. "'- ' 1iint '"'---- ' /. ," -, ~r;J'; :.I ~ -_.~: .~ ,,!~' . .., /' '1' .. J-=:::--- 17.L ~l " i ::;; ---..-. ~ T"".-- ,,- " ' ._, - . '" / -' ;! ,,: >-- . ~ . 'I' ,...." i . - ..."C 1'1" - · .. 'I / -w..h I: ... .....! ~- . ...... n/;: ,': -r-~ - ,I. \'W' '-, ~ _,.,,; II. ~\ -~ ,: '~i: 1 ~ . . ~ll; ,{.1',,:&;r "",e;,.%,,--;- - ",; ;.;6 \\ t -. ~~I !jl-6~:.J.OW~iE'{~li!ffi:.;'~(. M"~ 'l-F) ':.;=.' ~ i\ D! I . ,.. .,.:.tJ' -..:.J.:.l. '. '. ' _~ ""-!"" '....."""'" i ~.. i ", I ,--', \' · \ . ~j:i.~-_ !I . r._~ - . .., ; ...'L- , / , .~ :1" ,. , , ~ .; \ \, , - , \ ./ I .' I \ .. ' ... . . , i.nn. I / , ,. .,. \ _h \ I \ - ~ t 'I~ 'IT u ~ ~-)-~ ~ -,_..~-",,-~~- --""-'-..- -. ;. , I I ~ . [ITY DF DELIAY BEA[H 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM FROM: Larry Martin, Deputy Director of Public uti lit (t TO: Walter O. Barry, City Manager SUBJECT: EMERGENCY PROCUREMENT OF TEMPORARY GOLF COURSE WELLS DATE: November 8, 1988 As of 4:30 p.m. today, the following quotations for the temporary pumps at the above sites have been received. These quotes include two different pump and motor installations. Pump and Equipment Company Water Resources Corporation Proposal I Phone Quote 1750 RPM - 80% efficiency Hitachi Submersible Delivery Time 3-4 weeks $10,140 each (total $20,280) 3600 RPM Delivery Time 3-4 weeks $5,117 each (total $10,234) Proposal II 3500 RPM - 77% efficiency Ingersoll-Rand Pump Delivery Time 2-3 weeks $5,650 each (total $11,300) NEMA 3R/4 - motor control unit Delivery Time 3-4 weeks $1,050 (total $2,100) Motor control unit Delivery Time 3-4 weeks $2,580 (total $5,160) Our recommendation is that we accept Company on an emergency rocurement $13,400 plus installa n, whic s cost of approximat y $16,400. Proposal II of Pump and Equipment basis with the total cost being approximately $3,000, for a total THE EFFORT ALWAYS MATTERS LARRY MARTIN I concur with this recommendation. W~ TED GLAS Procurement Director I concur with this recommendation. JtL ,V// 4- ~ /M~~S~H:NK ~ Russell & Axon J- ,II ~ tJCf" /- TO: Walter Barry City Manager FROM: Joe Weldon Director of Parks and Recreation RE: F.I.N.D. Project Agreement DATE: 10/21/88 Attached please find two (2) project agreements from the Florida Inland Navigational District for City Commission approval concerning the replacement piers at the City Marina. As you know, F.I.N.D. has awarded us a grant in the amount of $75,000, one-half of the estimated $150,000 cost to replace the piers. Bid opening is scheduled for November 8 at 3:00 p.m. Engineering estimates a start date of January 2 and the project being completed by the end of February. Susan Ruby of the City ~ttorney's office reviewed the contract and made the changes a8 noted in items 115 and 117, with the concurrence of F.I.N.D. The project agreement itself addresses such areas as funding, reimbursement billing, audits, record keeping, liaison agents, signage, status reports, etc., and that we agree the facility will be available on a non-exclusive basis to the general public; , . By resolution 111-88 on February 23, 1988, City Commission authorized requesting grant assistance from F.IoN .D. I recommend City Commission authorize the execution of the project agreement and accept the $75,000 grant from F.I.N.D. LJ Parks and Recreation JW:cc cc: Susan Ruby, Assistant City Attorney Gerry Church, Engineering 2--4- . c "'--- ! L - , l I l " ,- --~:-.,... -- -,...--.,..-' -....-. . , '.,t ~ " . . COST ESTIMATE SHEET DELRAY BEACH CITY MARINA PROJECT PHASE I Construct Docks (10, 50-L.F. Docks @ $200/L.F.) Remove Existing Docks Turbidity Control Construction Engineering (10%) (15%) Contingency Engineering Total EXHIBIT A $100,000.00 25,000.00 3,000.00 $128,000.00 7,800.00 14,200.00 22,000.00 $150,000.00 . .. RESOLUTION NO. 70-88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WI~HIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence' of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirty-five (35) days for violation of 100.04); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), II :i " !: .25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which HI' attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. , Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of. abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), ana interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at .the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form prescribed in Section 100.27 of the Code of Ordinances, shall be mailed to the property owner. of PASSED AND ADOPTED in regular session on this the , 1988. day MAY 0 R ATTEST: - 2 - Res. No. 70-88 City Clerk COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION LOTS 8 & 9 (LESS RD R/W) , BLK 2, SOPHIA FREY ADDITION, P.B. 4, P 37, PUBLIC RECORDS, PALM BEACH COUNTY, FL (911 NO. FEDERAL HWY.) N 70' OF LOT 4, BLK 59, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (l21 NW IST AVE) , LOT 18,BLK 23, TOWN OF DELRAY, PB 10, P 69, PUBLIC RECORDS, PALM BEACH COUNTY, FL (225 SW 6TH AVE) S 40' OF N 256' OF E 135' OF BLK 31, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVE) LOT 5,BLK B, WEST SIDE HEIGHTS, DELRAY, PB 13, P 6l, PUBLIC RECORDS, PALM BEACH COUNTY, FL (131 mv 9TH AVE) E 1/8 OF W 1/2 OF N 1/2 OF LOT l/LESS N 1/2, SUB. OF SEC. 20-46-43, PB 28, P 68, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 6TH AVE) E 100' OF W 533' OF S 139.8' OF N 312.4' OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4 LESS 1-95 R/W, SUB. OF SEC. 17-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (ORANGE STREET) N 50' OF W 130.44' OF W 1/2 OF S 1/2 OF BLK 4, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS,PALM BEACH COUNTY, FL (NW 8TH AVE) LOT 25, BLK B, TOURIST NOOK, DELRAY, PB II, P 47, PUBLIC RECORDS, PALM BEACH COUNTY, FL (232 NW 8TH AVE) N 30' OF E 135' OF BLK 10, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 6TH AVE & NW 3RD ST) S 50' OF El35' OF W 285' OF S 1/2 OF N 1/2 OF LOT 6, SUB. OF SEC. 17-46-43, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW lITH AVE & NW IST ST) N 69.5' OF LOT 9, BLK 78, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SE 2ND AVE) OWNER GEORGE B. LIDDY TRUST C/O GANGPLANK llll E. ATLANTIC AVENUE DELRAY BEACH, FL. 33483 JUAN MEDINA 131 NW IST AVENUE DELRAY BEACH, FL. 33444 MATILDA JOHNSON 225 SW 6TH AVENUE DELRAY BEACH, FL. 33444 DELORES RIGGINS 220 SW 4TH AVENUE DELRAY BEACH, FL. 33444 FIRST FED. SAV. & LOAN C/O WIENER, ET AL P.O. BOX 694347 MIAMI, FL. 33269 KENNETH AUSTIN 1354 13TH STREET W. PALM BEACH, FL. 33401 EDDIE SHULER 601 SW lITH DRIVE DEERFIELD BEACH,FL.33441 EARL & ODESSA MC DONALD (HUSBAND & WIFE) 414 SW 15TH AVENUE DELRAY BEACH, FL. 33444 GLORITH A. STEPHENSON 13953 CORAL WAY DELRAY BEACH, FL. 33445 JAMES & BERNICE IVY (HUSBAND & WIFE) 510 E. 28TH STREET PATTERSON, N.J. 07514 CLINTON M. KITCHENS 1102 NW 2ND STREET DELRAY BEACH, FL. 33444 J.REEVE & ANNE S.BRIGHT (HUSBAND & WIFE) 700 SEA SAGE DRIVE DELRAY BEACH, FL. 33483 -3- ASSESSMENT $217.00 50.00 (ADM. COST) (RECORDING) $ 76.00 50,00 (ADM. COST) (RECORDING) $155.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) .. $ 45.00 50.00 (ADM. COST) (RECORDING) $ 70.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 35.00 50.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $ 55.00 50.00 (ADM. COST) (RECORDING) Res. No. 70-88 LOT 7,BLK 4, CHATELAINE NO. I, PB 29, P 95, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (3530 BLVD. CHATELAINE) LOT 4/LESS R/W SR 806, MYRICK'S SUB., PB 10, P 79, PUBLIC RECORDS, PALM BEACH COUNTY, FL (WEST ATLANTIC AVE) LOT 5/LESS R/W SR 806, MYRICK'S SUB., PB 10, P 79, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (WEST ATLANTIC AVE) LOT 8,BLK 9, ATLANTIC GARDENS, DELRAY, PB 14, P 63, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (129 SW lITH AVE) S 25.3' OF LOT 10 & N 24.7' OF LOT II, BLK 60, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (34 NORTH SWINTON AVE) LOT 14, BLK B, WEST SIDE HEIGHTS, DELRAY, PB 13, P 61, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (NW 8TH AVE) E 50' OF S 135' OF BLK 3, TOWN OF DELRAY, PB I, P 3, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (NW IST ST & NW 7TH AVE) LOT 17, BLK I, ATLANTIC PARK GARDENS, PB 14, P 56, PUBLIC RECORDS, PALM BEACH COUNTY,FL. (NW 13TH AVE) S 44' OF LOT 3 & N 11.5' OF LOT 4, BLK 74, TOWN OF DELRAY, PB II, P 12, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (235-235 1/2 NE IST AVE) LOT 2 & N 6' OF LOT 3/LESS W 5' RD R/W, BLK 74, PB II, P 12, PUBLIC RECORDS, PALM BEACH COUNTY, FL. (239-239 1/2 NE IST AVE) HIGINIO GAGO 3530 BLVD. CHATELAINE DELRAY BEACH, FL. 33445 JACK VINIK 950 NW 26TH AVENUE DELRAY BEACH, FL. 33445 JACK VINIK 950 NW 26TH AVENUE DELRAY BEACH, FL. 33445 ETHEL L. CEASAR 129 SW lITH AVENUE DELRAY BEACH, FL. 33444 CATALINA S. HATCHER C/O AMRHEIN-HATCHER INC. 110 E.ATLANTIC AVE/1212W DELRAY BEACH, FL. 33444 GOLDSTEIN PROPERTIES,INC. 450 SOUTH MILITARY TRAIL W. PALM BEACH, FL. 33406 ARIDEEN CLOSE 13 SW DOLPHIN DRIVE DELRAY BEACH, FL. 33445 ELKANAH HEPBURN 130 E. 20TH STREET W. PALM BEACH, FL. 33404 KENNETH C & PATRICIA K. RODE (HUSBAND & WIFE) . ROUTE I, BOX 191R HIAWASSEE, GA. 30546 KENNETH C. & PATRICIA K. RODE (HUSBAND.& WIFE) ROUTE I, BOX 19lR HIAWASSEE, GA. 30546 $ 40.00 50.00 (ADM. COST) (RECORDING) $ 27.50 25.00 (ADM. COST) (RECORDING) $ 27.50 25.00 (ADM. COST) (RECORDING) $ 25.00 50.00 (ADM. COST) (RECORDING) $ 75.00 50.00 (ADM. COST) ( RECORDING) .. $ 30.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $ 30.00 50.00 (ADM. COST) (RECORDING) $200.00 25.00 (ADM. COST) (RECORDING) $200.00 25.00 (ADM. COST) (RECORDING) VIOLATION IS: SEC. 100.OI LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -4- Res. No. 70-88 '; RESOT,UTTON NO. 71- 88 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE DECLARATION OF TRUST OF ICMA RETIREMENT TRUST AND AUTHORIZING THE ENTERING INTO OF A TRUST AGREEMENT WITH THE I CMA RETIREMENT CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida (hereinafter referred to as the "Employer") has previously established and maintains a deferred compensation plan for certain of its employees which is administered by the Icr~ Retirement Corporation (hereinafter referred to as the "Administrator"): and, WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and, WHEREAS, the Employer does hereby wish to adopt the Declar- ation of Trust of ICMA Retirement Trust and authorize the entering into of the Trust Agreement with the ICMA Retirement Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Employer does hereby adopt the Declaration of Trust with the leMA Retirement Corporation, as same appears in Appendix "B" which is attached hereto and made a part hereof, as an amendment and restatement of its existing agreement with the ICMA Retirement Corporation, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable. Section execution of the hereto and made a 2. That the Employer does hereby authorize the ICMA Retirement Trust Agreement, which is attached part hereof and is labeled Appendix "C". Section 3. That the Employer does hereby authorize the Mayor of the City of Delray Beach, Florida to be the coordinator for this program, and to be the official of the City authorized to receive the necessary reports, notices, etc. from the ICMA Retirement Corporation as administrator, and to cast, on behalf of the Employer, any required votes under the program. All administrative duties to carry out the plan may be assigned by the City Manager to either the City Manager's Office or to appropriate departments of the City. of PASSED AND ADOPTED in regular session on this the , 1988. day MAtOR ].TTEST: City Clerk I I Ii J(P Ill1~ [Iry DF DElRAY BEA[H v' f~''t: CITY ATTORNEY'S OFFICE 3 10 S.L IS! STREIT. St;ITE 4 11II.RA Y BI-ACII. FLORIDA 33483 305/243.7090 NEl10RANDUM Date: October 20, 1988 To: City Commission Walter o. Barry, City Manager David M. Huddleston, Director of Finance From: Herbert Iv. A. Thiele, City Attorney Subject: Approval of Modified Trust Documents for Continued Participation in ICMA Retirement Corporation .'\ttached hereto you will find correspondence received by the City Attorney's Office from the ICMA Retirement Corporation concerning the City's continued participation in the ICMA Retirement Trust. . '. You 'will recall that some years ago the City adopted all the necessary resolutions for our participation in the program which is offered to the City Attorney, the Assistant City Attorneys, and the City Manager as a deferred compensation program in which we participate, and is available to Department Heads as an additional option above their general pension plan (although in this instance there is no City contribution). In order to continue our participation in this program, it is necessary to adopt a new resolution which adopts the new Trust Agreement and authorizes the execution of the ICMA Retirement Trust. We have prepared a resolution for this purpose and it is enclosed herewith. Since this matter must be approved before the end of the calendar year, we would appreciate the City Manager's Office placing this matter on the next available regular City Commission agenda for your approval. If you have any questions concerning this matter, please contact the City Attorney's Office. t? HT:tm J\t:.tacfUllent ce: Elizabeth Arnau, City Clerk, w/attachment .'lJo . , , ~~-- ~ ~~---,-~--,--_...._- - '-- - ....- .~. -,' -,....- ~ I , , ....... ICMA RETIREMENT CORPORATION October' 14, 1988 Suite 80S, (404) 688-3557 Cain Tower ToU Free (BOO) 424'9249 229 Peachtree St., N.E. Atlanta, GA 30343 Mr. Herbert W. A. Thiele City Attorney City of Delray Beach 310 SE lst Street, Suite 4 Delray Beach, FL 33483 Dear Mr. Thiele: Some time ago, RC contacted the City of Delray Beach regarding participation in the ICMA Retirement Trust and requested official adoption of the enclosed resolution. While there are no material changes in the manner in which our program is administered, there are some advantages to participating in the Trust and it is required by the Securities and Exchange Commission. It is important that all employers with plans administered by RC adopt the Trust by year end. , , ~ By executing the relationship described in the resolution, the city will participate in an organizational structure designed to give the public employers in the plan ultimate control over the management of the funds. Each public employer will have the opportunity to nominate some of the Trust members and vote for a group of nine Trustees who have the power to conduct the business of the trust and carryon its operations. The nomination and election process, therefore, gives the participating employers a direct relationship with these functions which include oversight of the Retirement Corporation's performance, appointment of auditors, and the monitoring of investment goals and objectives. When this Trust arrangement was introduced in 1983, we indicated that employers could continue to participate in the RC plan during a transitional period without adopting the Trust. That period "is expiring and employers who have not done so will be required to adopt the ICMA Retirement Trust. I urgently and respectfully request that you present the enclosed resolution to your governing board. When passed, please send a copy of the official resolution to the Retirement Corporation. Home Offoce 1120 G Street NW.. SUIte 700. Washington. D_C. 20005 800-424-9249 ~ - '.-' -~. Rc!,~,-;~.~~. C'~.;'):;-"'tI0~ i'; :'"" ~-::~ :~.51-al0f of rCi,reme'.' ~_ 'I "~ :8f Slare i<:-: ~ '"_'.c,,: J'. ,r:- ";'.'Jf.i '-" ,Ll",' :~'''' ,;-,0' .,.~'_ " '--;'ly Man'l9:-''''~'''' AS50c=al'Q" . GO'/emmenl Finance O"'~e;s ..~SSOCI;;!H::" . ~J"'",,,,, 1....S!I:uT.: O' .. _ r ",~ . - -.1: Le'lgu€ oJ! Cor'C5 . _tome'ican Soc.€:,,' 'r,_ D,_;,,;"c: 1l..jr1C''''';'':1'.nn . t-merICo;" ..,;;,.n.,,'] hSSO<:I,l1-()C'1 . "'_._,',-:;'::;". ;"';j' .:: '.",0r~s ""SCc'3;,on. Ame-'CCln Public POW€f ';sS')c1atlon. 0[.11(:'''9 C:~ :: ;.15 an;:! eOl!" '~':I:""",:q!o's Inl"-"".;' . :. --""r,,,'" :. ",_ >:'.n~~ :::'";'-.u;..",, . .1::"'lldlluna. :'-,~;,:...i", oJ ''.'~~''C'iJa' ~Ie-<, . :"",erICiJn P:..:;"C Gd~ .....SS,."C:.~i'0'., _ ,,,:' ,. i: ;~.,,' ':'o,,",,_,~;,,v'~ ,)' "-:;sessmg OH,eo:>'s - American Public TranSit AssoCralion - Af"'?flcan Institute ej Certll."'<1 P'ilr",,,,-<; _ 1"'~'~3"""'11, """,_.;:._" ,.,1 . -, " ..--........-- ..~ -- - --. ~'... ....- - , ~ , .......... Page Two October 14, 1988 If you have any questions or concerns, please contact me or the Southeast staff at (404) 688-3557 or toll free at (800) 424-9249. Sincerely, /,7 , U;Ce~~ tZ'u{._~'-IJu~ Cecelia Corbin Hunter Southeast Regional Manager 'Enclosure cc: Loretta Riegler Service Representative i~ , . . , , . '"-.. ~ L... ..._. ...._.__ <. k ; , TO Walter O. Barry, City Manager THRU:~rank Spence, Interim Director Developnent FR~ald B. Church, P.E., City Engineer Services [ITY DF DELRAY BEA[H ~~(i '. n DEPAR-MENTAL CORRESPONDENCE SUBJECT Dock Variance - 25 NW 24th Court DATE 10/0/88 Delray Marine Construction Co., on behalf of the property owner (Mr. Robert Keyser), has requested the subj ect variance. As stated in Delray Marine's letter (Copy Attached), two variances are required as follows: 1. To allow the dock to be constructed 22' into Lake Eden, where the code allows only 5'. 2. To allow the dock to be constructed 23' from the south property line, while the code requires a minimum Of 25'. (See Attached Sketch). Engineering recanmends approval of the variance request for extending the dock 22' into the lake since it would be impossible to meet City Code and have a functional dock. Since it would be a hardship in this case, Engineering also recanmends approval of the variance to allow the dock within 23' of the south lot line. The affected property owner has no objection to the proposed dock location (See Attached Letter from Mr. Fred Merrithew). An Agenda Request form is attached for this item. GBC:slg Attachments eM 362 THE EFFORT ALWAYS MATTERS 2-1 DELRAY MARINE CONSTRUCTION CO. 524 N.E, 3RD AVENUE (407) 276-0353 DELRAY BEACH, FL 33444 LICENSED . INSURED To the City of Delray Beach, BOAT LIFTS SEAWALLS DECKING (407) 738-1422 As acting agents of Robert Keyser at 25 N.W 24th Court in Delray Beach we would like to make application for a variance to grant a permit for the construction of a boat dock that would extend 24' into Lake Eden. We request this variance for two reasons of hardship: Due to the depth of the water it is not possible to construct this dock any closer to the property line with out hampering the access to the dock by a boat. And secondly Mr. Keyser started construction of this structure not knowing he needed a building permit. He fashioned the design of the dock to match that of neighbors on both sides of him. Mr. Keyser would like to take care of any legalities that he was unaware of and therefore has hired Delray Marine Construction Co. to finish the project. If you have any further questions please contact Troy Ennis at Delray Marine Constrution Co., 276-9353. s~~re~.~/-;> 7~ H~nis -----. ..,- . .I ,-' 0 8 7 -f- ,"'J - , \',) " <- IJJ " ~\ , \ '\ ) ~ , 4J lJ /' \'; I . \ 4., (J '.v. ~ " '.\ . r-;- f "- --~ , 1'- _ _ ...J ., D \I , , ,,! I \), \iJ - N '~ -j ...... '" ('J L~~7 4 li"'- ,.., ,--' ~r: "~-"'" /\1 '~. c. -r ..:....-~'~ L ~17<8' ~T '20 W::E E~fJ'% Ft~?? !/ELRA., F::::::t..~f-i, q6 N N ;:/4 'fi;> iojt2:- ~_r--: ~~ "r-i 0-Jf---rrr; Fk?k?; ~ -.-.------ -.-------- ~~ITE F L^~J~ /11; /?t" To whom it may concern, My name is Fred Merrithew, I live at 26 N.W 24th Court in Delray Beach. It has been brought to my attention that my neighbor to the North of my property, Robert Keyser, has begun construction of a boat dock and that it is 23' from my property line. I have no objection to Mr. Keyser's completion of this boat dock as it is. If you have any futher questions please feel free to contact me. Sincerely, /fr~/ 1/1 V///-1~->r- .. . C I T Y COM MIS S ION DOC U MEN TAT ION FROM: WALTER O. BARRY, CITY MANAGER ~~V~S~~TOR DEPARTMENT OF PLANNING AND ZONING TO: SUBJECT: MEETING OF NOVEMBER 8, 1988 AGENDA ITEM REQUEST TO INITIATE REZONING OF RECENTLY ANNEXED PROPERTY (DORSON) ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of initiating a rezoning action. BACKGROUND: At the time Enclave 59 was before the City commission for first reading, the Dorson's (property owner) registered an objection to the "transition" zone district designations (ART and ACT) which were being applied. Instead of halting and redoing the annexation and initial zoning actions, the owner's representative agreed to set aside the objection provided that the zoning would be reconsidered upon annexation. Pursuant to 173.885 only the Commission, the Planning and Zoning Board, or a property owner may initiate a zoning of land. Thus, this formal action is now before the commission. Initiating the rezoning process does not tie or bind the City commission to any future course of action. After receipt of a recommendation from the Planning and Zoning Board, the Commission will make the zoning change. possible Designations: The Land Use Map shows a combination of Multiple-Family Moderate Density and commercial for the property. The owner wishes General commercial zoning for the entire holdings. In order to move ahead without encountering procedural difficulties (there are special notice requirements Which necessitate identifying the potential zoning at least thirty days prior to the Commission's public hearing), it is suggested that a range of designations be noticed i.e. 7-3 . - ~~, ~ l. -,~,----'~--''''-''''''- - , L ~ , To: Walter 0, L_~ry, City Manager Re: Request To Initiate Rezoning of Recently Annexed Property (Dorson) Page 2 "the rezoning of the property from ART, in-part, and ACT, in-part, to a combination of RM, RH, LC, and GC zone designations or to one of those designations applied on the entire holdings". The most restrictive designations would be RM; the designation most in line with the current land use map would be. RHHC; and the most permissive GC. RECOMMENDED ACTION: By motion, initiate the rezoning process for the Dorson property located southwest of the corner of Congress Avenue and Lake Ida Road to consider a change in zoning designations from ART, in-part, and ACT, in-part, to a combination of RM, RH, LC, and GC zone designations or to one of those designations applied on the entire holdings". c: Conners, owner's representative . " . 1.."""- .. .~-.--_...~.- -~~-.'---"-'--' ~ I I II i , , ~ ~, HOV U 1 1988 United Way of South Palm Beach County October 31, 1988 660 Unton Blvd, SUite 200 P 0, Box 687 Delray Beach, FL 33447-0687 (4071 278-1313 Mr. Walter Barry city Manager City of Delray Beach 100 N, W, 1st Avenue Delray Beach, FL 33444 Dear Walter, We submitted our application for permission to solicit in Delray Beach on october 18, 1988, unaware that the ordinance had changed. We will be forwarding the additional documentation needed to be in compliance with the city ordinance on solicitation to Ms, Joyce Desormeau, along with the $40 application fee, However, I would like to request that, on behalf of the United Way of South Palm Beach County, the $300 annual fee be waived, As you know, we make every attempt to minimize our expenditures so that the dollars donated by Delray residents can in fact be used within their community to help the less fortunate. Your consideration in this matter is greatly appreciated, ~'Y Wanda L, Kay Chief Professional !JI!IIHi 'iVai' M.'.'<"r,n ' ,'", (; :iJ.",':" 'I;)"CI,'Y (if puoplc 10 CiJf(' lor o:)(~ ,'J"o/hcI Please remember United Way of South Palm Beach County In your will 1---'1 , . 11 t , ~ ~ I [ITY DF DElRAY BEA[H 100 NW. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 305/243-7000 MEMORANDUM TO: Mayor and City Commission FROM, Walte, O. Ba,ry, City Manage~~ SUBJECT: SHORT TERM CAPITAL IMPROVEMENTS DATE: November 3, 1988 At your November 1st workshop, discussion was held about short term capital improvements. By Commission consensus it was agreed to include funding in the amount of $500,000 toward construction of the new tennis center at Lake Ida Park, $300,000 toward capital costs at Old School Square and $850,000 for City Hall renovation. These amounts would be included in a bond anticipation note, line of credit or small bond issue sold by City in order to initiate these projects as soon as possible. It is anticipated that should a "decade passed by the voters, the principal larger bond issue. Until that time amount drawn would be paid. An amount purpose in FY88-89. of excellence" bond issue be amount would become part of the only debt service for the actual of $l30,000 is budgeted for this Alternatively should a bond issue not be attempted or should it not be approved by the voters, the line of credit would likely become part of a smaller bond issue to be paid for from existing but undedicated utility tax revenues. You will recall an analysis was conducted earlier which indicated a positive cash position for several years if bonds issued by the City totaled less than $5 million annually. WOB:nr THE EFFORT ALWAYS MATTERS 30 lrinity Evangelical Lutheran Church 400 NORTH SWINTON AVENUE. DELRAY BEACH, FLORIOA 33444 ffi \iiP and School i:~!..:. : -' .t/~' ", Church Phone 305/278-1737 School Phone 305/278-5870 - OCT 2 0 '1988 G11'i iyi,:~j\:"~~::'1, .', (::::~.!C~ (t~~ October 19, 1988 Mr. Walter Bar~y City Manager City of Delray Beach 100 NW 1st Ave, Delray Beach, Fl. 33444 Dear Mr, Barry, The Parent-Teacher League of Trinity Lutheran School, Delray Beach, is planning to conduct an outdoor Flea Market on the school's parking lot on Saturday, November 19, 1988 from 9:00 am to 4:00 pm. We are aware that this requires special permission from the Delray Beach City Council and would so request permission at this time. Thank you for your attention. Sincerely, ~~ David A, Janisko Principal DAJ/dal << 1/ [ITY DF DElRAY BEA[H 100 N.W. 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 Group -~ DATE: October 3l, 1988 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 8, 1988 - METER BOXES - COVERS - AND LIDS Item Before City Commission: City Commission is requested to award a contract to Brooks Products, Inc., for meter boxes, covers and lids via Palm Beach County Bid #89-002, at an estimated annual cost of $27,000. Funding to come from account #44l-5l23-536-33. 33 (Water & Sewer Fund-Water Distribution-Repair & Upkeep Water Meters) . Back9round: Palm Beach County has received bids and awarded a contract for meter boxes, covers and lids for the contract per iod from October l, 1988 through September 30, 1989, with the option to renew for two (2) one year periods. The City of Delray Beach Public Utilities Department purchases approxi- mately $27,000 of these items annually. Recommendation: Staff recommends award of contract to Brooks Products, Inc., via Palm Beach County Bid #89-002, at an estimated annual cost of $27,000, with funding for this contract from account #44l-5l23-536-33.33 (Water & Sewer Fund-Water Distribution- Repair & Upkeep Water Meters). If Palm Beach County renews the contract for one or two additional years, it is requested that the City Manager be authorized to renew the contract for the City, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. RAB:sk attachments THE EFFORT ALWAYS MATTERS 32-4 ~ ,., . ...:... f M E M 0 RAN DUM To: Robert A. Barcinski, Assistant City Manager/ Management Services From: Ted Glas, Purchasing Director Date: October 27, 1988 Subject: Annual Contract for Meter Boxes, Covers, and Lids Palm Beach County has received bids and awarded a contract for meter boxes, covers, and lids for the contract period from October 1, 198~ through September 30, 1989, with the option to renew for two (2) one year periods. The City of Delray Beach, Public Utilities Department purchases approximately $27,000 of these items annually. It is recommended that a contract be awarded to Brooks Products, Inc. for meter boxes, covers, and lids via Palm Beach County Bid #89-002, at an estimated annual cost of $27,000.; and if Palm Beach County renews the contract for one or two additional years, that the City Manager be authorized to renew the contract for the City of Delray Beach, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Per the Budget Office, funding for this contract is from account #441-5123-536-33.33 (Water & Sewer Fund-Water Distribution- Repair & Upkeep Water Meters). ;:IA/ ~ Ted Glas Purchasing Director Attachments: Documentation - Palm Beach County Bid #89-002 FROM Robert A. Barcinski, Assistant City Manager/~ Management Services [ITY DF DELRAY BEA[H ~~(i DEPART..IENTAL CORRESPONDENCE TO Walter O. Barry, City Manager Documentation City Commission Meeting October 11, 1988 Renewal Self-Insurance Program Contract Renewal Arthur J. Gallagher & Co. 10-5-88 SUBJECT DATE Item Before Commission City Commission is requested to approve renewal of the Comprehensive Risk Management Program of Insurance/Self-Insurance through the Arthur J. Gallagher/Gallagher Bassett Companies. Fixed costs, slightly less than last year, to be $178,260 plus the Boiler and Machinery policy at $3,162; total $181,422. Background Information Staff proposes renewal of the Gallagher London coverages program of Insurance/Self-Insurance. This program includes $28 million in City property with a $75,000 deductible (blanket coverage). Liability continues to be self-retained by the City with reliance on sovereign immunity limits of $100,000 per person/$200,000 per accident. Claims to be paid by the City from the self-insurance fund; program to cover October 1, 1988 to October 1, 1989. Fixed costs include all claims service, property insurance, loss prevention/control and data organization and reporting. A total of $196,086 has been budgeted for the program. Budgeted amounts for claims projections in property/casualty lines total $461,135. Workers' Compensation claims from past years prior to 1985 are $125,000. Recommendation Staff recommends renewal of the Comprehensive Self-Insurance Program contract with the Gallagher companies in the amount of $181,422. Funding to come from the self-insurance fund, which continues to build, currently exceeding $500,000-plus. RAE eM 362 THE EFFORT ALWAYS MATTERS 31-8 ,"' ~ ~':.:::.'t.~::~...; ........ . ~ :::'~~:~:~-~::"';"..;:.~';.~"" . .,-' ....,~" ~; DEP ARTrvl~NT AL CORRESPONDENCE Robert A. Barcinski, Asst. City Manager [ITY DF DElRAY BEA[H ~~(i :QM Lee R. Graham, Risk Management Director Continuation of the City's Self-Insurance Program by Renewing Contracts 9/28/88 BJECT DATE The City's Self-Insurance continuously in effect with renewal date of 10/1/88. Program for property/liability which modifications since 10/1/82 has an has been anniversary Although the amount of property $1,660,000, to allow a cushion for property, the total fixed cost of the ___ 1987-88 $188,487 values were increased approximately inflation as well as newly acquired program decreased for the coming year. 1988-89 $178,260 Three plans were offered and Finance Director. The other two and $250,917 respectively. were discussed with the City Attorney and plans involved higher premiums of $185,670 It is recommended $178,260 premium. year. that the program be continued as it now This is within the budgeted projection stands for the for the coming Property Basically, the London package and complementary excess policies give full blanket property coverage on an all risk basis for all City buildings, con- tents, vehicles, etc. up to approximately $28,000,000 with a $75,000 deduct- ible, thus allowing a hedge against catastrophic property loss such as a massive fire, flood or hurricane. Liability The City continues to be self-insured for liability losses as in past years, relying on Sovereign Immunity to limit any award judgments down to the statute limits of $100,000 per person and $200,000 per accident or less. The highest plan quote of $250,917 would have provided an excess liability limit of $1,000,000 in excess of the City's $100,000 Self-Insured Retention (deductible) in Federal cases where the City does not have Sovereign Immunity. After consultation with the City Attorney, it was generally agreed that the City's exposure was not great in this area and that the City would be better advised to save the additional $72,657 in premium toward any eventuality. During the past year, the City has recovered more than ments from past years in the form of refund checks City's third party administrator/agency as follows: $325,000 in reimburse- to the City from the ,62 THE EFFORT ALWAYS MATTERS , , , ! ; . , ! I , ; , I ! i ! I . '- Robert A. Barcinski September 28, 1988 Page 2 1. 11/23/87 $ 42,095.48 2. 01/04/88 10,551.13 3. 01/27/88 16,925.05 4. 03/26/88 6,459.11 5. 03/25/88 8,643.84 6. 04/22/88 5,452.99 7. OS/23/88 55,158.74 8, OS/23/88 23,088.16 9. 07/20/88 81,618.01 10. OS/23/88 8,801.06 11. 07/20/88 56,009.18 12. 08/26/88 10,662.60 $325,465.35 These funds were received during the insurance recovery/revenue accounts. for paying future claims. year and were deposited into the City's They continue to be amassed to our fund The recommendation is to proceed forward with our program of self-insurance by accepting the program as is for the renewal fixed costs of $178,260, a figure slightly less than last year's, while continuing to build our self- insurance fund to cover possible losses. ~- LRG/sm . . . . . . . I i . . ! ! i . . I ( . I . ~ . . ~ . I ! J: l __/2 / ,; 7~,L4.A1-~ :-" .__? ;;:~" .- 9tom the ,k~k of. . , DATE: 1';I6/8~ . '-...... /~ ,/ ~. ~.,c '__", ...,....?c_-v-.:>-.--"..Jc7 - -~; ~ $, ~,.;c..r....... -....-.....c:.. j ,..,- ~/ INSURANCE ..Jl;( a'lla ..Jl;( a 'llno *:. ...I_~ /...-#-/. l.dfl_~ ~7='II9SS-'S"l Z~~ -7 0) A.;/ ~..v--';0 - ~~~'~'7'1- <=t" .::fo".h-2/~, ~~_~ l '!>5'/ - 1'5"U, /0'1/ - '3"-/. '10) b,~~~ l ~'!>/- 1'S7.c- (5 '7 1 - "5-</' '7,s-) Q.. ~(d~) (";"-1'1576'- 5'71'3</,99) 01, ~ i~ l5'O1'/~76' - :;9/. d</, '71) ~.~--;;e.~~t""U~ (';;':,I -1!;'/6'-'S'7/ - 35,96) GV\dt,/-k'~'7 C;'7/-;:~/ (~~~~. ~..,-".~~~- ~"._k-'-t1" c.--~, ) (~~/- /'5'70'. ~-<J/-3y' 9..,) & /3.:2., s-co oj: ~ E. "Ii" " IS .1 -6"55 , ~3, Ii.,).. ~ /9" 7.:.0- fJ /<6/ J "-i ~~ I$Y'O.1-; b f ~ (-d/1?/J <-/~ - G-,A" "'&''<=02.") ti"-/O.lJ bf.l- F'l..e.-) . I I , . , . . ! . . . . '. ;. , ... '; <<'i; I . I I . , ! , .; .: , -, , " i ! ; , '- / -".VI -3'] [ITY DF DELAAY BEA[H '00 "J W 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 Group DATE: November l, 1988 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 8, 1988 - JANITORIAL SERVICES FOR POLICE DEPARTMENT BUILDING Item B~fore Citv Commission: City Commission, approved a contract to W & F Building Maintenance, Inc., tor Police Department janitorial servic- es. _This company IS not able to supply employees who could pass -the required polygraph test and has submitted a letter requesting release from the awarded contract. We are now requesting tnat the contract be awarded to the third low bidder, Action Kleen Building SerVices, at an annual cost of $32,879 with tunding tor this service trom account '001-2113 -52l-33.l7 (Police-Support-Janitorlal ~ervices). .. Background: On September 27, 1988, Commission approved a contract to W & F BUilding MaIntenance, Inc., for POlice Department janitor- ial services. This company was not able to supply employees who could pass the reqUired polygraph test and as a result has submitted a letter requesting release trom the awarded contract (copy attached). The second low bidder Ready Maintenance Service was contacted and asked to submit employees tor the polygraph test prior to recommending award. This tirm's employees also did not pass the poly- graph test. The thIrd low bIdder is Action Kleen Building Services. This tirm had the contract last year, and their employees have already passed the polygraph test. Recommpndation: Staff recommends the following: THE EFFORT ALWAYS MATTERS 32-~ . - .. . , I ; ~ , , Documentation - Commission Meeting - November 8, 1988 Subject: Janitorial Service for ~olice Department Building Page 2 1. That the contract awarded to W & F Building Mainten- ance, Inc., be cancelled. 2. That the contract be awarded to the th~rd low bidder, Action Kleen Building Services, at an annual cost of $32,879, and per the specifications, the City Manager be authorized to renew the contract for two additional one year periods, subject to vendor acceptance, sat,is- factory performance, and determination that renewal is in the best interests of the City. Funding for this service is in account 'OOl-2l13-52l-33.l7 (Police-Support-Janitorial Serv~ces). -- RAB:sk attachments " . ! '"-. 1 l___ .._.___.__ ~~.... _.. .._ __ l II I , , To: Robert A. Barcinski, Assistant City Manager/ Management Services From: Ted Glas, Purchasing Director :!'/ ~ Date: October 28, 1988 Subject: Janitorial Service for Police Dept. Building On September 27, 1988 Commission approved a contract, as recommended by this office, to W & F Building Maintenance, Inc. for the Police Department janitorial service. W & F Building Maintenance was not able to supply employees' who could pass the required polygraph test. Therefore they have submitted a letter requesting release from the awarded contract. (Copy of letter attached) The second low bidder Ready Maintenance Service was c9ntacted and asked to submit employees for the polygraph test prior to recommending award. This firm's employees also did not pass the polygraph test. The third low bidder is Action Kleen Building Services. This firm had the contract last year, and their employees have already passed the polygraph test. .' The following recommendations are made: (1) That the contract awarded to W & F Building Maintenance, Inc. be cancelled. (2) That the contract be awarded to the third low bidder, Action Kleen Building Services, at an annual cost of $32,879.; and per the specifica- tions, the City Manager be authorized to renew the contract for two additional (1) year periods, subject to vendor acceptance, satisfactory per- formance, and determination that renewal is in the best interest of the City. Per the Budget Office, funding for this service is in account #001-2113-521-33.17 (Police-Support- Janitorial Services). Attachments: Tabulation of Bids Memo from Police Department Letter from W & F Building Maintenance pc Yvonne Kincaide Chief Kilgore L. -- - - ----: .. I , l - I . r. . - ~..~".... -~.... I I -"'- ~ I .. , , ,,:-- --,~ '/III', ~""'\'\' ..,','. ... "'" '\ 71 . "\\W ~Q.~~"-. &.~"( "'- -. ~o UJ',' , 0" .' :r - k.. ,()OLlC~.;j If)FL~ n ~ . Delray Beach Police Department 300 West Atlantic Avenue . Defray Beach. Florida 33444-3666 (407) 243-7888 .~ ~~ CHARLES KILGORE Chief of Police MEMORANDUM TO: Ted Glas, Purchasing Director FROM: William H. Cochrane, Major Support Bureau THRU: Charles Kilgore, Chief of pOlice~ DATE: October 26, 1988 SUBJECT: POLICE JANITORIAL RECOMMENDATION ~ ~ 88-99) Pursuant to our earlier recommendation and City Commission action on September 27th, we proceeded to polygraph potential employees for W & F Building Maintenance, Inc. They were the apparent low bidder at a yearly cost of $20,142.00. After a number of unsuccessful applicants failed to successfully pass the polygraph and preinterview, W & F Building Maintenance submitted a letter formerly withdrawing from the competition. .' We proceeded with contacting Ready Maintenance Services, Inc., the second low bidder (at $25,255.00), and after three (3) applicants, we find they were unacceptable through the preinterview and polygraph process as well. We are now ready to recommend Action Kleen Building SerVices, the former contractor, at a total yearly cost of $32,879.00. These funds are budgeted in the Police Department's Support budget and we recommend approval by the City Commission at their next regular meeting. They have already been polygraphed and understand that any additional personnel not preViously servicing the pOlice facility will have to pass polygraph examinations before being accepted. Your consideration will be appreciated. 1Mt~~i~(p~ WILLIAM H. COCHRANE, MAJOR Support Bureau gb Attachment PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER - , L l _..... L , I l t ~ .. ....---..---- - . , Mr. Ted Glass, Direotor Purchasing Department C1 ty of Delray Beach 4:34 S. Swinton Averme Dell'ay Beach, Florida 33444 W!:F Ibilding Maintenance, Inc. lS3 E. Palmetto Park Road Suite 132 Boca Raton, Fla. 3343 October 19, 1988 Dear Mr. Glass. As per our conversation this date ( October 19. 1988 ). I am requesting that W & F Ibilding Maintenance. Inc. be released f2ool1 the contraot to provide building lIl&intenance Hrvice to the Dell'ay Beach Police DepartlMnt ( Bid Wo. 88-99 ). We have been unable to provide candidates that cf1Uld pass or _re w1ll1ng to tab the required polygraph test. Thank you for your patienoe and consideration. , . Yours very truly, ~7~ Larry Foster, Vice President W & F Ibilding Maintenance, Inc . . i ~ .........-..' --~,'" ; L ...-_. ~- , l --"-IC".u- ~ \ , / . w Q .. . ... 0 l . 0 , .. i ... a <II . -1 .., III "' "' , I ... , 8 8 8 . :Ie . . . . .., '" ~ 0 ~ .., .... . 8 III oft .., "" oft ~ '" . ... .. , ~ ! ... '" , S~ , 8 8 8 :Ie , i . , , 0 '" ~ ~ N "" III oft . oft 8 ~ '" ... ... :;- g\ , .. 0 ell ... ... N .. ... .. :IIi . 18 .~ ,. 8 8 8 I , :Ie ~ . . . ~ ~ .. . 8 oft 8 . .... oft N ~ !I . . . 0 ... ~ .. ~ ~ '" ;: . 8' i~ ~ , 8 8 ZI , . , ~ '" ~ ~ .... 8 ~ , oft III I .... ... ~ ~ . . .. ::l l"I 0 -- .., ... .. ... . ~ . I: !B 8 8 8 . "" .. , . , .... oft "" '" . 1 8 III ~ "" .... N .. ... ell ... .. ~ ~j . . .. '" ~ ~ ... ... , , ~ I If i~ ~ ii III !tJi , III ~i<ll I 0 !I ,~ ,~ I ~ .. ! ,~! u Dej 811 <II ! I III I;!I .:t !Sii , .. I , :J~ . i , i~; ilis 0 i~ei u ....'" . . ~ .. i .. I . i., -- '. " III .. ... .. , N lC . .. .. g g ~ ~ f ri :::l ~ Of 0 ,.. . ... ! ... N N ", i Ii ! e ;: I ~ i Of I- .. . , .. ~~ g g II . g ~ . ~ g . . .. ! g . ", ! N g .. ... III i . . ... Of 00 ~ .. .:l ", ... ... ... I , . . .. 0 I: ! . . ,.8 g g ill . ", .. 0 . ~ ~ . . ", . i ~ ... . g :4 ... ", : ", ", .. Of .. e B . '" . 0 ", ... -4 . llll ~ - M ... ..a I:l ~t; . -4 . .. i,g . g g ill . g .. ~~ g . . ! ~ ~ . g 00 .. ... Of . . . ... .. Ii ! ! ~ ::i . " lC ..... . 'E a II~ tl ..~.. JI~ III -= . 0 Ie I ! ft ~ 'tl .. ! II ,fi o " .. ... u 'i ~ 8.1 l~ -4 ! 1_" !~I !II nu I . UI! i I .. . fifi I fi~! i!SS il!S 0 u ? ORDINANCE NO_ 123-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY SOUTH OF THE BOYNTON BEACH BORDER, LYING BETWEEN INTERSTATE-95 AND N.W. 4TH AVENUE, AND INCLUDING THAT PORTION OF LAKE IDA LYING WITHIN THE CITY OF DELRAY BEACH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT, IN PART, AND R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-421, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which . identifies s ixty-fi ve (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS: SectiorLJL~ That the City Commission of the Delray Beach, Palm Beach County, Florida, hereby annexes City the following described land located in Palm Beach Florida, which lies contiguous to said City to-wit: City of to said County, PARCEL ~ The part of the Section lying east of the 1-95 right-of-way, north of Lake Ida Road, west of Lake Ida, and northwest of the E-4 Canal (LESS the East Half of the Southwest Quarter of the Southwest Quarter and the South Half of the Southeast Quarter of the .Northwest Quarter of the Southwest Quarter), and the part known as Lake Ida, lying within Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, 33 Lot 16 (LESS the Westerly 230 feet of the Easterly 805.45 feet of the North 570 feet adjacent to the West Shore of Lake Ida), and that part of the East Half of the Northwest Quarter northerly of and adjacent thereto in DB 866, Pg, 276, lying within Section 8, Township 46 South, Range 43 East, Palm Beach County. Florida; together with, The Westerly 230 feet of the Easterly 805,45 feet of the North 570 feet of Lot 16, adja- cent to the West Shore Line of Lake Ida, lying within Section 8. Township 46 South, Range 43 East. Palm Beach County, Florida; toget,her wi t,h, The Wes t Quarter of Lot 1 as in DB 912, Pg, 40, in Section 8, Township 46 South, Range 43 East, in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida, EARCJIILn~lr: Lots 7. 10, 11 and 13, HIGH ACRES, 2ND ADDITION, according to the Plat thereof recorded in Plat Book 23 at Page 37 of the Public Records of Palm Beach County, Florida; together with, Lot 8 (less the East 25 feet thereof). SECOND ADDITION TO HIGH ACRES, according to the Plat thereof recorded in Plat Book 23 at Page 37 of the Public Records of Palm Beach County, Florida; together with, The East 25 feet of Lot 8 and all of Lot 9, SECOND ADDITION TO HIGH ACRES, according to the Plat thereof recorded in Plat Book 23 at Page 37 of the Public Records of Palm Beach County, Flori.da; together wi.th, Lots 1 through 6. inclusive, and Lots 9 through 12, inclusive, Block 1. LAKE IDA GARDENS, AMENDED PLAT, according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach County, Florida; together with, Lot 7 and the North 70 feet of Lot 8 (less the West 59 feet thereof), Block 1, LAKE IDA GARDENS, AMENDED PLAT, according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach County, Florida; together wi.th, 'I [, " I The West 59 feet of the North 70 feet and the South 30 feet of Lot 8, Block 1, LAKE IDA GARDENS, AMENDED PLAT, according to the Plat thereof recorded i.n Plat Book 23 at Page 192 of the Publi.c Records of Palm Beach County, Flori.da: together wi.th, Lots 3 through 7, inclusive, Block 2, LAKE IDA GARDENS. AMENDED PLAT, accordi.ng to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach County. Florida; together with, - 2 - Ord. No. 123-88 Lot 8 and the North 35 feet of Lot 9, Block 2, LAKE IDA GARDENS. AMENDED PLAT. according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach Countv. Florida; together with. The South 65 feet of Lot 9 and the North 65 feet of Lot 10, Block 2, LAKE IDA GARDENS. AMENDED PLAT, according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach Countv. Florida; toget,her with, The South 35 feet 11. Block 2, LAKE according to the Plat Book 23 at Records of Palm together with. of Lot 10 and all of Lot IDA GARDENS. AMENDED PLAT, Plat thereof recorded in Page 192 of the Public Beach County, Florida; Lots 2 through 7. inclusive, Lots 9 through 11, inclusive, and Lots 11-A and 12, Block 3, LAKE IDA GARDENS, AMENDED PLAT, according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach Countv. Florida: together with, Lot 1 and the South Half of Lot 2, Block 5, LAKE IDA GARDENS. AMENDED PLAT, according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach County. Florida: together with, The North Half of Lot 2 and all of Lot 3, Block 5, LAKE IDA GARDENS, AMENDED PLAT, according to the Plat thereof recorded in Plat Book 23 at Page 192 of the Public Records of Palm Beach County, Florida; together with, Lot 11, LAKE IDA MANOR, according to the Plat thereof recorded in Plat Book 23 at Page 138 of the Public Records of Palm Beach County, Florida: together with, The East Half of the South Half of the East Half of the Southeast Quarter of Lot 2 (less the East 125 feet), and the East 57 feet of the West Half of the South Half of the East Half of the Southeast Quarter of Lot 2 lying north of Northwest 9th Avenue, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1. Page 3, Public Records of Palm Beach County, Florida; together with, i I The West Half of the North Half of the East Half of the Southeast Quarter of Lot 2, within Section 8, Township 46 South, Range 43 East. as in Plat Book 1, Page 3, Public Records of Palm Beach Count V , Florida: together with, The South 16 feet of the East Half of the North Half of the East Half of the Southeast Quarter of Lot 2 (less the East 25 feet of road right-of-way), within Section 8, Town- ship 46 South, Range 43 East, as in Plat Book 1. Page 3, Public Records of Palm Beach Countv, Florida; together with, II - 3 - Ord. No. 123-88 The West Half of the South Half of the East Half of the Southeast Quarter of Lot 2 (less the East 57 feet), within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The West Half of the Southeast Quarter of Lot 2 (less the East 115 feet), within Section 8, Township 46 South, Range 43 East, as in Plat Book 1. Page 3. Public Records of Palm Beach County, Florida; together with, The South 174.84 feet of the East 115 feet of the West Half of the Southeast Quarter of Lot 2, and the small triangular parcel, in OR 1400, Pg, 481, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The East 115 feet of the West Half of the Southeast Quarter of Lot 2 (less the South 174,84 feet, and the small triangular parcel in OR 1400, Pg, 481) , within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The North Half of the West Half of Lot 2 (less the road right-of-way, East 160 feet of the North 125 feet, and less the North 188.75 feet of the South 208,75 feet of the East 159.5 feet in DB 1110, Pg. 661, and less the tract in DB 9, Pg. 342), within Section 8, Township 46 South, Range 43 East, as in Plat Book 1. Page 3, Public Records of Palm Beach County, Florida; together with. The South 60 feet of the North Half of the West, Half of Lot, 2 west of Boswell Lane and the North 60 feet of the South 120 feet of the West 200 feet of the North Half of the West Half of Lot 2, in DB 9, Pg. 342, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3. Public Records of Palm Beach County, Florida; together with, The East 160 feet of the North 125 feet of the North Half of the West Half of Lot 2 (less the North 25 feet of the road right-of-way), within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The North 188,75 feet of the South 208.75 feet of the East 159,5 feet of the North Half of the West Half of Lot 2, in DB 1110, Pg. 661, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, - 4 - Ord. No. 123-88 I I[ The West 95 feet of the East 420 feet (less the North 15 feet and the Southerly 42 feet), and the West 103,11 feet of the East 523.11 feet of the North 209 feet (less the North 15 feet of the East 73 feet and the Westerly 30 feet of the Northerly 154,74 feet) of the Southwest Quarter of Lot 2, in OR 2685, Pg, 1260, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together wi t.h, The North 15 feet of the West 168 feet of the East 493 feet and the Westerly 167 feet of the North 209 feet of the Southwest Quarter of Lot 2 (less the Southerly 81,28 feet of the Easterly 25 feet), within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3. Public Hecoros of Palm Beach County, Florida; together with, The West 240 feet of the South 135 feet, the East 95 feet of the West 335 feet of the Southerly 42 feet and the South 15 feet of the West 150 feet of the East 325 feet of the Southwest Quarter of Lot 2, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3. Public Records of Palm Beach County, Florida; together with, The North 169.15 feet of the South 184,15 feet of the West 150 feet of the East 325 feet of the Southwest Quarter of Lot 2, within Section 8. Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The West 150 feet of the East 325 feet of the North 150 feet of the Southwest Quarter of Lot 2, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with. II The North 136.5 feet of the East 41,79 feet and the North 128.29 feet of the West 134 feet of the East 175.79 feet of the Southwest Quarter of Lot 2. within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County. Florida; together with, The South 8.21 feet of the North 136,5 feet of the West 134 feet of the East 175.79 feet and the South 5.5 feet of the North 142 feet of the West 30 feet of the East 175.79 feet of the Southwest Quarter of Lot 2. within Section 8. Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The West 110 feet of the North 153 feet of the Northwest Quarter of Lot 3, within Section 8, Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, - 5 - Ord. No. 123-88 '--_/' The West Quarter of Lot 15 (less the South Half and the North 200 feet), within Section 8. Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with. The North 100 feet of the West Quarter of Lot 15, within Section 8, Township 46 South, Range 43 East. as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with, The South 100 feet of the North 200 feet of the West Quarter of Lot 15. within Section 8. Township 46 South, Range 43 East, as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida; together with. The West 110 feet of the East 210 feet of Lot 17, north of the County road right-of-way, within Section 8. Township 46 South. Range 43 East. as in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, The subject property is located immediately south of the Boynton Beach border, lying between Interstate-95 and N.W. 4th Avenue. and including that portion of Lake Ida lying within the City of Delray Beach, The above described parcels contain a 207.76 acre parcel of land, more or less. Section ~_ That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Ii I ,1 I S,,"ctiQll..._,1____ That Section been followed in the establishment this ordinance and the tracts of Parce 1 "A" are here by dec lared (Community Facilities) as defined City of Delray Beach. Florida, 173,886 of the Zoning Code of a zoning classification land hereinabove described to be in Zoning District by existing ordinances of has in as CF the ii~_Qj:j..QIL'l,_ That Section been followed in the establishment this ordinance and the tracts of Parcel "B" are hereby declared to (Single Family Dwelling) as defined City of Delray Beach, Florida, 173,886 of the Zoning Code has of a zoning classification in land hereinabove described as be in Zoning District R-IAA by existing ordinances of the S,,"ction 5~ That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 6, That this annexation of the subject proper- ty, inCluding adjacent roads. alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys. or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. - 6 - Ord. No. 123-88 Section 7~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Sectinn 8, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 9. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the ___ regular session day of on second and , 1988, I' ,I I MAY 0 R ATTEST: City Clerk First Reading Oc~c>!=>er 11-,-_1988_ Second Reading - 7 - Ord. No, 123-88 , ORDINANCE NO, 124-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS LOCATED BETWEEN DIXIE HIGHWAY AND U.S, HIGHWAY NO, 1. EXTENDING SOUTH FROM S, E, 10TH STREET APPROXIMATELY 1,200 FEET TO THE NORTH PROPERTY LINE OF THE DELRAY MALL: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND: PROVIDING FOR THE ZONING THEREOF TO RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT, IN PART, AND MH (MOBILE HOME PARK) DISTRICT, IN PART: PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and. WHEREAS. pursuant, to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida: and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with the Delray Beach Enclave Act, NOW. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, F['()R IDA, AS FOL[,()WS: ~QtJDrL_l,_ That the City Commission of the Delray Beach, Palm Beach County, Florida, hereby annexes City the following described land located in Palm Beach Florida, which lies contiguous to said City to-wit: City of to said County, EAJ:lGEIL:.A~_ I 1 I I I II , I The Model Land Company's Subdivision of the West Half of the East Quarter of Lot 5, Block 1 (LESS the North 33 feet of the road right-of-way), in Plat Book 1 at Page 128, lying within Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, 3lf Lots 6 through 16, inclusive, Block 2, SILVER TERRACE, according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; t.ogether with, Lots 6 through 15, inclusive. Block 3, SILVER TERRACE, according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; together with, Lots 1 and 2, Block 5, SILVER TERRACE, according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; together with, Lots 7 through 25, inclusive, Block 6, SILVER TERRACE. according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; together with, Lots 1 through 5, inclusive, Block 2, SILVER TERRACE. according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; together wit,h, Lots 1 through 5, inclusive, Block 3. SILVER TERRACE. according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; together with, Lots 1. 2, 3, 4, 5, 6, 7 and 10, Block 4, SILVER TERRACE. according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida; together with, Lots 3 through 10, inclusive, Block 5, SILVER TERRACE. according to the Plat thereof recorded in Plat Book 11 at Page 61 of the Public Records of Palm Beach County, Florida. PARCEL" lL.. Lot 1 (LESS the Easterly 169.37 feet) and the East 80 feet of Lot 6, LAMBERT TRAILER COURT. according to the Plat thereof recorded in Plat Book 22 at Page 41 of the Public Records of Palm Beach County, Florida; together with, Lots 2 and 3 (LESS the Easterly 138,27 feet) and Lots 4 and 5, LAMBERT TRAILER COURT, according to the Plat thereof recorded in Plat Book 22 at Page 41 of the Public Records of Palm Beach County, Florida; together with, All of Lot 6, LAMBERT TRAILER COURT, accord- ing to the Plat thereof recorded in Plat Book 22 at Page 41 of the Public Records of Palm Beach County, Florida, I " " Ii II - 2 - Ord. No. 124-88 \J The subject property is located between Dixie Highway and U.S. Highway No, 1, extending south from S.E. 10th Street approximately 1,200 feet to the north property line of the Delray Mall. The above described parcels contain a 22,07 acre parcel of land, more or less, Section 2... That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach. Florida. B..e.cliQILl._ That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "A" are hereby declared to be in Zoning District RH (Medium High to High Density Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida. Section_~~ That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "B" are hereby declared to be in Zoning District MH (Mobile Home Park) as defined by existing ordinances of the City of Delray Beach. Florida. 5.f:.cti.QJL.Q.,- That the land hereinabove described shall immediately become subject to all of the franchises. privileges, immunities. debts. obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. SectJ on.JL.. That this annexation of the subject proper- ty, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like. unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. ~~I~ That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed, SectJon 8, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 9, That this ordinance shall become effective immediately upon passage on second and final reading. - 3 - Ord. No. 124-88 '-/' PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988, MAY 0 R ATTEST: City Clerk First Reading October ll, 1988 Second Reading - 4 - Ord. No. 124-88 u J ORDINANCE NO, 125-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 7. TOWNSHIP 46 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY NORTH OF THE L-32 CANAL AND IMMEDIATELY SOUTH OF LAKE IDA ROAD, LYING BETWEEN CONGRESS AVENUE AND THE LAKE WORTH DRAINAGE DISTRICT CANAL #3-1/2; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1A-B (SINGLE FAMILY DWELLING) DISTRICT, IN PART. RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, IN PART, ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT. IN PART. ACT (AGRICULTURAL COMMER- CIAL TRANSITIONAL) DISTRICT. IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART; PROVIDING FOR THE CONTINUATION OF CERTAIN USES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427. Laws of Florida. providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986. in conjunction with a general election for Palm Beach County, Florida; and. WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an, Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act. which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS. the City of authorized to annex lands in Enclave Act; and, Delray Beach has heretofore accordance with the Delray been Beach WHEREAS, Section 4 of the Delray Beach Enclave Act provides that where an enclave which is annexed pursuant to this act includes uses which are not permitted uses at the time of annexation, such uses shall be allowed to continue in the same manner and to the same extent as they existed prior to annexa- tion, until such time as title to the property where the uses exist is transferred; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 35 .'.,) u J Section 1, That the City Commission of the Delray Beach, Palm Beach County, Florida, hereby annexes City the following described land located in Palm Beach Florida, which lies contiguous to said City to-wit: PARCEL "A" The West 80 feet of the Southwest Quarter of the Lake Worth Drainage District Canal No, 3-1/2 right-of-way, in ORB 3253, Pg, 1494, lying within Section 7, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, Lots 10 through 19, inclusive, Block 1, and all of Blocks 2 through 11, inclusive, DELRAY SHORES, according to the Plat thereof record- ed in Plat Book 24 at Pages 232 and 233 of the Public Records of Palm Beach County, Florida; together with, All of Block 7, and all of Blocks 12 through 17, inclusive, DEL RAY SHORES FIRST ADDITION, according to the Plat thereof recorded in Plat Book 28 at Page 2 of the Public Records of Palm Beach County, Florida. PARCEL "B" Lots 8 and 9, Block 1, DELRAY SHORES, accord- ing to the Plat thereof recorded in Plat Book 24 at Page 233 of the Public Records of Palm Beach County, Florida, PARCEL "C" That portion of Lot 20, Block 1, DELRAY SHORES, as recorded in Plat Book 24 at Pages 232 and 233, lying west of Congress Avenue (LESS the parcels recorded in ORB 1386. Pg, 437 and ORB 2398, Pg, 1424 and the Davis Road and Lake Ida Road rights-of-way), and lying north of the straight line formed between the Southeast corner of Lot 19, Block 1, DELRAY SHORES, and the Southwest corner of that parcel recorded in ORB 3118, Pg, 364, PARCEL "D" That portion of Lot 20, Block 1, DELRAY SHORES, as recorded in Plat Book 24 at Pages 232 and 233, lying west of Congress Avenue (LESS the parcels recorded in ORB 1386, Pg, 437 and ORB 2398, Pg. 1424 and the Davis Road and Lake Ida Road rights-of-way), and lying south of the line formed by the Southeast lot line of Lot 19, Block 1, DELRAY SHORES, the South line of the parcel recorded in ORB 3118, Pg, 364 and the straight line formed between the Southeast corner of said Lot 19 and the Southwest corner of said parcel recorded in ORB 3118, Pg, 364, - 2 - City of to said County, Ord. No. 125-88 u o PARCEL "E" That part of Lot 20 in ORB 3118, Pg. 364. lYing south of Lake' Ida Road and west of Congress Avenue, Block 1, DELRAY SHORES, in Plat Book 24 at Page 233 of the Public Records of Palm Beach County, Florida; together with, The Northerly 307,47 feet of the Easterly 132 feet of the part of Lot 20, Block 1, lying south of Lake Ida Road and west of Congress Avenue (LESS EXT Curve Area), DELRAY SHORES, in Plat Book 24 at Page 233 of the Public Records of Palm Beach County, Florida, The subject property is located immediately north of the L-32 Canal and immediately south of Lake Ida Road, lying between Congress Avenue and the Lake Worth Drainage District Canal No. 3-1/2, The above described parcels contain a 106. 18 acre parcel of land, more or less. Section 2, That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida, Se~tion 3, That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "A" are hereby declared to be in Zoning District R-1A-B (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida, Section 4. That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "B" are hereby declared to be in Zoning District RM (Medium to Medium High Density Dwelling) as defined by existing ordinances of the City of Delray Beach, Florida, Section 5, That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "C" are hereby declared to be in Zoning District ART (Agricultural Residential Transitional) as defined by existing ordinances of the City of Delray Beach, Florida, Section 6, That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "D" are hereby declared to be in Zoning District ACT (Agricultural Commercial Transitional) as defined by existing ordinances of the City of Delray Beach, Florida, Se~tion 7. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "E" are hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach, Florida, - 3 - Ord. No. 125-88 u v Section 8 That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach, Section 9_ That this annexation property, including adjacent roads, alleys, or shall not be deemed acceptance by the City responsibility for such roads, alleys, or otherwise specifically initiated by the City requirements and conditions, of the subject the like, if any, of any maintenance the like, unless pursuant to current Section 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 11, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 12. That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988, MAY 0 R ATTEST: City Clerk First Reading October ll. 1988 Second Reading - 4 - Ord. No. 125-88 -I' II I II ORDINANCE NO. 126-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED APPROXIMATELY 1,100 FEET NORTH OF ATLANTIC AVENUE, BETWEEN HIGH POINT BOULEVARD NORTH AND N. W. 18TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MI (MEDIUM INDUSTRIAL) DISTRICT, IN PART, AND ART (AGRICULTURAL RESIDENTIAL TRANSITION- AL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. I I; I 'I Ii , I ,1 I i WHEREAS. the Legislature of the State of Florida passed the Delray Beach Enclave Act. Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach; and, WHEREAS, pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act, with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors; and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act; and, WHEREAS, the City of authorized to annex lands in Enclave Act, Delray Beach has heretofore been accordance with the Delray Beach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: II I, il I, 'I I ~~tinn 1. That the City Commission of the Delray Beach, Palm Beach County, Florida. hereby annexes City the following described land located in Palm Beach Florida, which lies contiguous to said City to-wit: City of to said County, P.ARQEL.._~K The Southerly 405 feet of the Northerly 2.005 feet of the Northeast Quarter lying east of the east right-of-way of the Lake Worth Drainage District E-4 Canal and west of a line parallel to and 550 feet west of the center line of the Seaboard Air Line right-of-way (LESS the Congress Avenue right-of-way), in ORB 2321, Pg, 1894, lying within Section 18, Township 46 South. Range 43 East. Palm Beach County, Florida; together with, ~ I , I, II Ii I II I , The North 105 feet of the South 425 feet of the West 100 feet of the East 500 feet of the North Half of the Southeast Quarter of the Northeast Quarter lying west of the Seaboard Air Line Railroad right-of-way, in ORB 3670, Pg, 1724, lying wi thin Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida: together with, The Southerly 200 feet of the Northerly 1,625 feet of the Northeast Quarter lying east of the E-4 Canal right-of-way and Westerly of the right-of-way line of the Seaboard Air Line Railroad right-of-way (LESS the Easterly 300 feet and the Congress Avenue right-of-way): together with, The South 300 feet of the Northerly 2,005 feet of the West 100 feet of that part of the Northeast Quarter lying east of a line 550 feet west of the center line of the Seaboard Air Line Railroad right-of-way, in ORB 5059, Pg, 1397, lying within Section 18, Township 46 South. Range 43 East, Palm Beach County, Florida, PARr.EL "B". ,I I :1 Ii ~ I I' I II I !I II I ! ~ The North Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter lying west of the E-4 Canal (LESS the West 222 feet of the North 165 feet, the West 177 feet of the South 165 feet and the South 150 feet lying east of the West 177 feet and LESS that part of the East 40 feet of the road right-of-way as in ORB 1585, Pg, 84), lying within Section 18. Township 46 South, Range 43 East, Palm Beach County, Florida: together with, The East 125 feet of the West 302 feet of the South 150 feet of the North Quarter of the Southwest Quarter of the Northeast Quarter, in ORB 3237, Pg, 0221, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County. Florida: together with, Ii :1 II II I The South 150 feet of the North Quarter of the Southwest Quarter of the Northeast Quarter (LESS the West 302 feet and the East 40 feet of the road right-of-way, in ORB 4138, Pg, 0614. lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida: together with, The North 100 feet of the South Three Quar- ters of the Southwest Quarter of the North- east Quarter lying west of the E-4 Canal (LESS the East 40 feet of the road right-of-way) and the North 100 feet of the South Three Quarters of the East Half of the Southeast Quarter of the Northwest Quarter (LESS the West 40 feet), in ORB 2953, Pg, 1488, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida: together with, - 2 - Ord, No. 126-88 i , II Ii I I' I' I II ;:i ,I II I I The South 100 feet of the North 200 feet of the Sout,h Three Quarters of the East Half of the Southeast Quarter of the Northwest Quarter (LESS the West 30 feet) and the South 100 feet of the North 200 feet of the South Three Quarters of the West Half of the Southwest Quarter of the Northeast Quarter lying west of the E-4 Canal, in ORB 3542, Pg, 1735, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The East 361 feet of the West 396 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter (LESS the East 18 feet of the North 150 feet), in ORB 2318, Pg, 1460, lYing within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The West 132 feet of the East 264 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter (LESS the North 150 feet), in ORB 2318, Pg, 1460, lying within Section 18, Township 46 South. Range 43 East, Palm Beach County, Florida; together with, I 1 ,I I, I i! II I: 'I I; I! ,I II II I, II 'I The East 32 feet of the North 158 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter, the East 132 feet of the South 27 feet of the North 185 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter and the West 222 feet of the North Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter (LESS the South 165 feet of the East 45 feet and the West 68 feet of the South 145 feet). lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The East 32 feet of the South 145 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter and the West 68 feet of the South 145 feet of the North Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter, in ORB 3988, Pg, 1930, lYing within Section 18, Township 46 South. Range 43 East, Palm Beach County, Florida; together with, The North 158 feet of the West 100 feet of the East 132 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter. lYing within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The West 100 feet of the South 145 feet of the East 132 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter, in ORB 3558, Pg, 1477, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, - 3 - Ord. No. l26-88 The West 30 feet of the East Half of the Southeast Quarter of the Northwest Quarter and the East 5 feet of the West 35 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter, in ORB 2793, Pg, 1615, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, The subject property is located approximately 1,100 feet north of Atlantic Avenue, between High Point Boulevard North and N, W, 18th Avenue, The above described acre parcel of land, parcels contain a more or less, 23,99 S"'ntic,n..2.,_ That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. I ! I I I I ,I I I I, II II II I[ II [' II Senti~~ That Section been followed in the establishment this ordinance and the tracts of Parcel "A" are hereby declared (Medium Industrial) as defined by of Delray Beach, Florida, 173.886 of the Zoning Code has of a zoning classification in land hereinabove described as to be in Zoning District MI existing ordinances of the City SentJon ~ That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "B" are hereby declared to be in Zoning District ART (Agricultural Residential Transitional) as defined by existing ordinances of the City of Delray Beach, Florida, S"'ntinn~~ That the land hereinabove described shall immediately become subject to all of the franchises. priVileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach, SectJoD-6~ That this annexation of the subject proper- ty, inclUding adjacent roads, alleys, or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions, :i~,-QLiQn.l.L. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section ~ That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, - 4 - Ord. No. 126-88 Se0tjnn 9, That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in regular session final reading on this the ______ day of on second and , 1988. I: il I' II I ! MAY 0 R ATTEST: City Clerk First Reading October ll, 1988 Second Reading .__.____~_._____ I[ Ii 'I I il I I I I II '[ - 5 - Ord. No. 126-88 ORDINANCE NO. 127-88 I I II I' 'I II I I Ii '[ I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY NORTH OF ATLANTIC AVENUE, LYING ON BOTH THE EAST AND WEST SIDES OF CONGRESS AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO LI (LIGHT INDUSTRIAL) DISTRICT, IN PART. AND GC (GENER- AL COMMERCIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE, WHEREAS, the Legislature of the State of Florida passed the Delray Beach Enclave Act, Chapter 86-427, Laws of Florida, providing for the annexation of enclaves within the general boundaries of the City of Delray Beach: and, WHEREAS. pursuant to the Delray Beach Enclave Act, the City of Delray Beach called for a referendum of those qualified electors within the City of Delray Beach and the enclaves that would be subject to annexation under the Act" with said referen- dum held on November 4, 1986, in conjunction with a general election for Palm Beach County, Florida; and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of said qualified electors: and, WHEREAS. the City of Delray Beach has prepared an Enclave Report outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (65) enclaves eligible for annexation pursuant to the Act: and, WHEREAS, the City of authorized to annex lands in Enclave Act, Delray Beach has heretofore been accordance with the Delray Beach NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S..e.Q.:tiQ.1L..1, That the City Commiss ion of the Delray Beach. Palm Beach County, Florida. hereby annexes City the following described land located in Palm Beach Florida, which lies contiguous to said City to-wit: City of to said County, PARCE1._~ I 'I 1 I, 'I I, II II II , I I I 1 The Southwest Quarter of the Southwest Quarter of the Southeast Quarter of the- Northeast Quarter (LESS the West 53 feet of the road right-of-way), the South Half of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter (LESS the East 53 feet of the road right-of-way), and the South Half of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter. East of the F,-4 Canal, in ORB 2266. Pg, 1454, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida: together with, 37 II I I I That part of the Northwest Quarter of the Southeast Quarter as in OR 2015, Pg, 1645, in ORB 4465, Pg. 1334, lying within Section 18. Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The Westerly 150 feet of the Easterly 472.40 feet of the Northerly 150 feet of the South- erly 550 feet of that part of the Northwest Quarter of the Southeast Quarter lying north of Old State Road 806 as in OR 1372, Pg. 285, in ORB 5057, Pg, 0331, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with. The North 159,63 feet of the East 269,4 feet of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter, all lying west of Congress Avenue, in ORB 3157, Pg, 1262, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida. PARCEL .:Ji:'.. The East Half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter lying north of Old State Road 806 and south and adjacent to the New State Road 806 (LESS the 1-95 right-of-way as in OR 1049, Pg, 4E,O), in ORB 3553, Pg, 0691, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The tract north of the State Road in the East Half of the Northeast Quarter of the North- west Quarter of the Southeast Quarter, being the West 69,89 feet of the East 322,89 feet of the South 145, 14 feet, of the North 551. 19 feet as in OR 1733, Pg, 730, in ORB 4752, Pg, 0989. lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The West 20 feet of the East 342.40 feet of the Southerly 131.97 feet of the Northerly 551.20 feet of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter, in ORB 4752. Pg, 0989, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The parcel 150 feet by 150 feet in the Northwest Quarter of the Southeast Quarter as in OR 1133, Pg, 542, in ORB 5057, Pg, 0331, lying within Section 18. Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The West 69.4 feet of the East 269,4 feet of the North 406.05 feet of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter (LESS the North 159,63 feet), in ORB 5057, Pg, 0331, lying within Section 18, Township 46 South, Range 43 East. Palm Beach County, Florida; together with, - 2 - Ord. No. 127-88 -/ Beginning at the intersection of the E-4 Canal and the North line of State Road 806, the Easterly 45 feet to the Point of Begin- ning, the Northerly 400 feet, the Easterly 215 feet along the Southerly boundary of the Schmitt property, then run Southerly 389,87 feet, Westerly 257.43 feet to the Point of Beginning (LESS the additional right-of-way of State Road 806), in ORB 3833, Pg. 1787, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together wit,h, I I' II II I, I' II I i I The East Half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter lying north and adjacent to the New State Road 806 (LESS the 1-95 right-of-way as in OR 219 I), Pg. 393), in ORB 2941. Pg, 0282, lying within Section 18, Township 46 South, Range 43 East. Palm Beach County, Florida; together with, The part of the Northwest Quarter of the Southeast Quarter lYing north of and adjacent to State Road 806, being the West 100 feet of the Easterly 442 feet of the Southerly 124.19 feet as measured along the West boundary, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with, The part of the Northwest Quarter of the Southeast Quarter lying north of State Road 806, west of Congress Avenue, being the Westerly 100 feet of the Easterly 442,40 feet of the Northerly 76.71 feet of the Southerly 138.63 feet measured along the East line of the parcel. in ORB 1310., Pg. 0345. lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida; together with. The Westerly 220 feet of the Easterly 700 feet of the Southerly 371 feet lying north of State Road 806 in the Northwest Quarter of the Southeast Quarter as in OR 2275, Pg, 366, in ORB 5107, Pg, 1793, lying within Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, I II II I II II II 'I II I il I, " i The subject property is located immediately north of Atlantic Avenue, lYing on both the east and west sides of Congress Avenue, The above described parcels contain a 16,11 acre parcel of land, more or less. SectiQn~ That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida, - 3 - Ord. No. 127-88 -II I I Section 3, That Section 173,886 of the Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described as Parcel "A" are hereby declared to be in Zoning District LI (Light Industrial) as defined by existing ordinances of the City of Delray Beach, Florida, Section 4~ That Section been followed in the establishment this ordinance and the tracts of Parcel "B" are hereby declared (General Commercial) as defined City of Delray Beach, Florida, 173.886 of the Zoning Code of a zoning classification land hereinabove described to be in Zoning District by existing ordinances of has in as GC the f&Qtion 5-.... That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities. debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. I[ I :1 Ii :1 Ii I' S.e.Q.ti.oll ._F.L That this annexation of the subject proper- ty, including adjacent roads. alleys, or the like. if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads, alleys. or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and concli tions, SA0ct..iQIL,L. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Q.e.ction a... That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. S~tiQnR.~ That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988, MAY 0 R ATTEST: ---.----.--.---- --.------_._._~~- City Clerk First Reading _Q~_:t:.2..b.eE_.l_~'-L!,988~_ Second Reading - 4 - Ord. No. 127-88 . ~ ORDINANCE NO. 108-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8. TOWNSHIP 46 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY.. FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N,W, 4TH AVENUE, BETWEEN N,W. 12TH STREET AND N,W. 13TH STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, C. Yancy Byrd, III, John M. Byrd and C, Brown Byrd. Peggy R, Byrd, Ann E, Byrd and Kathleen R. Byrd, as tenants in common each husband and wife, each owning an undivided one- third- (1/3) interest, are the fee-simple owners of the property hereinafter described; and. . WHEREAS. Broad & Cassel. Attorneys At Law. as duly authorized Agent for C, Yancy Byrd. III, John M. Byrd and C. Brown Byrd. Peggy R, Byrd, Ann E, Byrd and Kathleen R. Byrd, as tenants in common each husband and wife. each owning an undivided one-third (1/3) interest, has requested by petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS. the subject property hereinafter described is now contiguous to the corporate limits of the City of Delray Beach. thus making said petition for annexation effective at this time; and, . WHEREAS, the designation of a zoning classification is part of the annexation proceeding. and provisions of City Code Section 173,886 have been followed in establishing the proposed zoning designation; and. j WHEREAS. the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171,044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS: Section 1~ That the City Commission of the Delray Beach. Palm Beach County. Florida, hereby annexes City the following described land located in Palm Beach Florida, which lies contiguous to said City to-wit: City of to said County, All of the South Half (S 1/2) of Lot 15. Section 8. Township 46 South, Range 43 East, according to the Plat of the Subdivision of said Section 8, on file in Plat Book 1. Page 4, Public Records of Palm Beach County, Florida; LESS the East 15 feet, the South 10 feet, and the North 10 feet of the said Lot Fifteen (15). Section 8. Township 46 South. Range 43 East heretofore conveyed to the City of Delray Beach, Florida. for street right-of-way purposes; and LESS the North 20,00 feet of the West Quarter (W 1/4) of the ~ . ,., South Half (S 1/2) of said Lot Fifteen (15). Section 8, Township 46 South, Range 43 East. The subject property is located on the west side of N.W, 4th Avenue, between N.W. 12th Street and N.W, 13th Street. The above described parcel contains a 9.51 acre parcel of land. more or less. SAction 2, That the boundaries of the City of Delray Beach, Florida. are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3, That Section 173.886 of the ,Zoning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-IAAA (Single Family Dwelling) as defined by existing ordinances of the City of Delray Beach. Florida. . Section 4, That the land hereinabove described shall immediately become subject to all of the franchises, privileges. immunities. debts, obligations, liabilities. ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5, That this annexation of the subject proper- ty. including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsi- bility for such roads. alleys, or the like, unless otherwise specifically initiated by the City pursuant to current require- ments and conditions. Section 6, That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed, j SAction 7, That should any section or provision of this ordinance or any portion thereof. any paragraph, sentence. or word be declared by a Court of competent Jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. j Section 8, That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and . 1988, MAY 0 R ATTEST; City Clerk First Reading September 27, 1988 Second Reading - 2 - Ord. No. 108-88 .' . ..'~ f I ORDINANCE NO, 120-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 29, .' TOWNSHIP 46 SOUTH. RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED SOUTH OF LINTON BOULEVARD AND NORTH OF DOTTEREL ROAD. IF EXTENDED EASTWARD, BETWEEN THE F.E.C. RAILROAD AND S.W. 4TH AVENUE, IF EXTENDED SOUTHWARD, AND AMENDING "ZON ING MAP OF DELRA Y BEACH, FLOR IDA, 1983" ; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TH~ CITY OF DELRAY BEACH. FLORIDA. AS FOLLOWS: Sentlon 1, That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: . TRANSFER STATION PLAT. being a Replat of part of Blocks 3. 7. 8 and 9 and road rights-of- way adjacent thereto, WEST EL BE, Plat Book 15. Page 22, Public Records of Palm Beach County, Florida (lYing within Section 29, Township 46 South, Range 43 East, Delray Beacrr, Palm Beach County, Florida); together with, j All that part of Lot 5 of the Florida East Coast Subdivision of Section 29, Township 46 South. Range 43 East. according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida. in Plat Book 1. Page 4. lying west of a line parallel with and 50 feet distance westerly from the centerline of the main track of the F,E,C, Railway; togeth- er with. That part of Lot 6. lYing west of the Florida East Coast Railroad right-of-way, Florida East Coast Subdivision of Section 29, Town- ship 46 South. Range 43 East. and recorded in Plat Book 1. Page 4, Public Records of Palm Beach County. Florida; said lands situate. lying and being in Palm Beach County, Flori- da. The subject property is located south of Linton Boulevard and north of Dotterel Road, if extended eastward. between the F.E.C. Railroad and S.W. 4th Avenue. if extended southward. The above described parcels contain a 34.44 acre parcel of land, more or less. 3~ . ,--::.( SecT-inn 2 That the Planning Director . shall. upon the effective date of this ordinance, Zoning Map of Delray Beach. Florida. to conform with sions of Section 1 hereof. of said City change the the provl- SecT-inn 3. That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence. or word be declared by a Court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. " SAcT-ion 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988. , ., MAYOR.. ATTEST: City Clerk First Reading September 27, 1988 .. '. Second Reading j j - 2 - Ord. No. 120-88 -"' MEMORANDUM S T A F F R E P 0 R T TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ~j~u<lA>- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM IV.A MEETING OF OCTOBER l7, 1988 PUBLIC HEARING: MILLER FIELD REZONING RlA & RM-lO TO COMMUNITY FACILITIES (CF) This item was heard by the Planning and Zoning Board at its meeting of September 19, 1988. At that time there was no public comment, and the Board forwarded it to the City Commission pursuant to the staff recommendation. It was then discovered that the Town and Country housing complex, located immediately to the west of a part of the area being rezoned, was not included in the mailing of individual notices. To rectify the situation, the item has been readvertised and set for public hearing before the Board at this time. The City Commission will conduct its pUblic hearing on November 8th. We anticipate significant public interest regarding this item since the rezone will allow for the extension of recreational facilities onto the ten acres of currently vacant land immediately south of Miller Field. Interest will be both for the expansion to accommodate recreational needs and in opposition because of impacts upon Town and County. I suggest that Board members visit the site in the evening to ascertain probable impacts of increased lighting and evening traffic. A side issue is a determination regarding accessibility to the site(s) and the extension of S.W. 4th Avenue. All of these items are covered in the staff report, copy attached, which was prepared for the September hearing. I suggest that the hearing be conducted in the following manner: A. Presentation of history regarding purchase and lease requirements; City relationship to the Baseball School; purpose of proceeding under C.F. zoning. .J~ .:1f{. I< To: planning and Zoning Board Re: Public Hearing: Miller Field Rezoning from R1A and RM-10 to Community Facilities (CF) Agenda Item IV.A. Meeting of October l7, 1988 Page 2 B. Evolution of sketch use plan (ball field, soccer field, access, parking) and possible schedule for development. C. Public comment regarding needs and impacts. D. Board discussion and action. Attachment: September 19th Staff Report Re This Item. c: Joe Weldon, Director of Parks & Recreation (cover memo only) DJK*30/A:PZPARK.TXT PLANNING 8 ZONING CITY OF DELRAY BOARD BEACH STAFF REPORT MEETING DATE: October 17, 1988 AGENDA ITEM: IV. A CITY INITIATED REZONING FROM R-1A AND RM-10 TO CF FOR PROPERTY GENERALLY KNOWN AS THE MILLER FIELD AREA AND ADJACENT PUBLICLY OWNED PROPERTIES. ITEM: = " I .0. i .. "'ll _ -c .. ... . '. J " GENERAL DATA: Owner...........................Cltyof Delray Beach Loc.tion........................Subject property 11es within the area that' i. located south of Linton Blvd., north of Dotterel Rd., if extended ea.t, between the r.B.C. Railroad and S.W. 4th Ave., if extended south. Property Size...................34.44 Acres City Land Use Plan..............R (Recr..tional and Open Space) Exiotinq City Zoninq"....,.....R-lAA (Sinqle Family Reaidential) (24.77 Acrea) and MF-10 (Multiple Family Reaidential) 19,67 Acrea) Proposed Zoning.................CF (Community Facilities) Adjacent Zoninq.................North of the subject property 1. zoned LI ILiqht Induatrial). South is loned SAD (Special Activities District). East 1. zoned SC (Specialized District) and West is zoned SAD and RM-1S (Multiple Family Reaidential). Existinq Land Use...............Transfer station, Miller Park and vacant land Proposed Land Use...............The existinq uses and improvements to Miller Park. Ten (10) acres to the south will be developed tor recreational purposes. Water Service............. ......Existinq on-site ITEM::J]l:. I Sewer Service........ ...........Existinq on-site ,. ~ ITEM BEFORE THE BOARD: The action requested of the Board is that of making a recommendation to the City Commission regarding the rezoning of publicly owned property from the R-1AA and RM-10 designations to the Community Facilities District (CF). BACKGROUND: The Baseball School in conjunction with the City Parks and Recreation Department will be making improvements to the vacanti undeveloped area between Miller Field and the Baseball School. It is most appropriate that the property be zoned CF when those plans are formally reviewed and acted upon. Since this site is contiguous to City owned land which is used for public purposes, the City Commission at its meeting of August 9, 1988, initiated a rezoning of all the contiguous public property. The properties are: 7.5 acres owned by the City and leased to the Palm Beach County Solid Waste Authority, known as "the transfer station", currently zoned R-1AA; l7 acres owned by the City and developed as Miller Park around 1974, currently zoned R-lAA; lO acres owned by Palm Beach County and leased to the City of Delray Beach in 1980, currently vacant and zoned RM-lO. Both Miller Field and the ten acre site are subleased to the Baseball School with the City's compensation being maintenance participation and participation in development of the ten acre site. These lease arrangements were made in 1983. In December, 1986, a concept plan for the required improvements on the ten acre site was rejected by the City Commission because it did not accommodate an extension of Southwest 4th Avenue southerly to Dotteral. In early 1987, apparently, a concept plan which did accommodate the extension of SW 4th (connecting Linton to Dotteral) was reviewed and endorsed by the City Commission. That concept plan showed access, parking areas, landscaping, and evolved from participation by the Little League, Soccer Program, the' Baseball School, and the City's Parks and Recreation Department. A copy of that plan is attached for information purposes. Reports are that the plan was not scrutinized by the Commission, and its only concern was providing for the 4th Avenue extension. The 4th Avenue extension was then placed into the Capital Improvement Program for construction in FY 90/91 at an estimated cost of $100,000. The 4th Avenue extension was not endorsed by the Engineering Department and has not been before the Planning and Zoning Board. t To: Planning and Zoning Board Re: Rezoning of Miller Field (Publicly OWned) from R-lAA and RM-lO to CF Page 2 In February of this year it was thought that progress would be made on development of the vacant area; however, those plans did not materialize. Presently it is anticipated that some improvements will be made on Miller Park and then improvement of the site to the south will occur. Thus, it is now timely to proceed with the rezoning consideration. REZONING ANALYSIS: Compliance with Code Section 173.888 - Standards for Evaluating Rezoning Requests: (A) will the change be contrary to the proposed land use plan, and have an adverse effect on the plan? No. The 1979 Plan identifies the sites for pUblic purposes. The evolving 1989 Land Use Map will identify the property for its current use and recreational purposes. There are nc other land uses proposed for the sites. (B) Will the change be contrary to the existing land use pattern? No. The proposed zoning will better reflect the current and proposed use than does the existing zoning. (C) Is this spot zoning? No. Thirty-four acres are involved, and the zoning describes a large public use area. (D) Will the change alter the population density? No. There will not be permanent residential use on the site under the proposed zoning. (E) Are present boundaries illogically drawn? Actually, the present zoning is improper. The proposed zoning will more appropriately reflect the use of the land. (F) Have Changing conditions made the rezoning necessary? Yes. The creation of the CF District and the intent that it be applied to public and semi-public land uses necessitates this rezoning action. (G) Will the change adversely influence living conditions in the neighborhood? To: Planning and ~oning Board Re: Rezoning of Miller Field (Publicly OWned) from R-lAA and RM-lO to CF Page 3 It has always been intended that the vacant property would be developed for recreational purposes. Further development for ball fields (baseball and soccer) and intensification of these uses may be considered by some to adversely influence adjacent residential properties. The impact should be no greater than what currently exists as far as lighting and noise is concerned. It is problematic as to whether the expansion of recreational uses is better or worse than development of the vacant area with one hundred multiple family housing units. Any concerns which are aired by neighbors at the public hearing could be considered when the site plan for the new development is reviewed. (H) Will the change create or excessively increase traffic congestion or otherwise affect public safety? The significant aspect of the zoning change is that it will allow the recreational development to proceed. This will result in congestion associated with the commencement and conclusion of activities as opposed to residential development which would generate more traffic and have different (longer) periods of impact. Apparently, a desire to extend S.W. 4th Avenue is somehow associated with the recreational development. Providing a public street connection between Linton and Dotteral appears to be inappropriate in that it will create a local collector street function on Dotteral which now functions as a local residential street. Further, such access would likely be used by pickup trucks and others who would access the transfer station from the south. Although the extension of S.W. 4th is not directly related to the rezoning action, it is appropriate to set forth a position statement on this item. (I) Will the change create a drainage problem? No. In fact, it will be easier to accommodate drainage with recreational uses than it will with medium density residential development. (J) Will the change seriously reduce light and air to adjacent areas? No. The recreational uses provide for the least amount of lot coverage than do other zoning districts. (K) Will the change adversely affect property values in the area? f To: Planning and Zoning B)ard Re: Rezoning of Miller Field (Publ~cly OWned) from R-IAA and RM-IO to CF Page 4 No. Recreational uses and the transfer station already exist on the sites. The change in zoning will not result in a change of use. (L) Will the change have a detrimental effect upon the development of adjacent properties? No. Adjacent properties are already developed. (M) Will the change constitute a special privilege to an individual owner as contrasted with the public welfare? No. The rezoning has been initiated on behalf of the public welfare and the provision of appropriate recreational facilities for the community. (N) Are there substantial reasons why the property cannot be used in accord with existing zoning? Yes. The lease agreement with the County requires ten acre site be used for recreational purposes. properties are already used for public purposes. that the The other (0) Is the change out of scale with the needs of the City and the neighborhood? No. The area is a community park and recreation area. (P) Is it impossible to find other adequate sites in the City for the proposed use in zoning districts already allowing such use? Yes. This will be the first application of CF zoning on a park site. (Q) Has sufficient evidence been presented to justify the need for the change? Yes, the evidence being the fact that the land is restricted to public and recreational uses, and the C.F. zone district is more appropriate for such uses than is the existing zoning of R-IAA and RM-IO which technically do not allow such use. Assessment: There are no problems associated with property from the current designations appropriate since we are dealing with is used for public purposes, and recreational uses is proposed. proceeding to rezone the to CF. CF zoning is most pUblicly owned land which expansion of existing To: Planning and Zoning Board Re: Rezoning of Miller Field (Pub~icly Owned) from R-1AA and RM-lO to CF Page 5 A related matter is the continuation of S.W. 4th Avenue which is discussed in the background section in Standard (H) above. A position statement against the continuation of S.W. 4th should be made of record.. ALTERNATIVE ACTIONS: 1. Forward a recommendation of approval of the proposed zoning and make a statement about the continuation of S.W. 4th Avenue. 2. Provide additional statements about the continued development and expansion of the property as they may be appropriate given public testimony. 3. Recommending a different zoning and staying with the existing zoning is not appropriate since the existing and proposed uses are really only properly allowed under CF zoning. To proceed otherwise would mean that the City should exempt itself from compliance wit~ land use review processes and regulations which it imposes upon others. RECOMMENDED ACTION: By motion: Based upon review of the standards of Code Section 173.888 and a finding that none of them are significantly, impacted by the proposed rezoning, recommend to the City Commission that the requested rezoning from R-1AA and RM-lO to C.F. be enacted; and, further, that an extension of S.W. 4th accommodated through the area, and the developed without such a feature; and, Avenue should not be site plan should be finally, that any funding allocation for the extension of S.W. 4th Avenue from its present terminus to Dotteral should be deleted from any Capital Improvement Program and Budget. Attachment: Reduced Copy of Concept Plan as Viewed and Endorsed by the City Commission in early 1987. c: Joe Weldon, Director of Parks and Recreation Kathy Stokes, CO-Chairperson of Open Space & Recreation Task Team Bob Hayes, CO-Chairperson of Open Space & Recreation Task Task Team DJK#30/A:PZMILLER.TXT \ ' . I . ; ; 'l . 1 " _ I .~ ~J I ~ , ~~ . .'-r-*~ . II ~@S' l~ I \ :\ t..f- , I \' I ! I , ! i I , . ! 'i I i . I " ~ . . ~ ... ~ f J a ~~ / .l:t .# , I I ~ I . P'OtlleJ.l100 . " / N '( I I. I tl ~ I a: ~ I I t! ! I i ,'.. " '. I ~ / 15. If. , "', j M' I Q,: I ' I , / I , , I I I I I 1- - , > ~~nINANCE NO. 129-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY Or' DELRAY BEACH, FLORIDA, AMENDING CHAPTER 150, "BUILDING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA. BY AMEND- ING, SEe-rION l50.062, "PERMIT FEE", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR MOVING BUILDINGS; BY AMENDING SECTION 150.016, "AMEND- MENTS AND ADDITIONS TO CODE, SUBSECTION 107.4, ., SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (c) ( I ) , (II), (III), (IV), (V), (VI), AND (IX), TO MODIFY PERMI1' FEES FOR NEW BUILDINGS AND ADDITIONS, MISCELLANEOUS PERMITS, SUB TRADE PERMITS, PERMIT FEES FOR LONG-TERM PERMITTING, PERMIT FOR MOVING OF BUILDING OR STRUCTURE, AND CERTIFICATE OF OCCUPANCY; BY AMENDING CHAPTER l57, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION ll3.4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAP1'ER 160, "MECHANI CAL CODE", SECTION 160 . 02 , "1;MENDMENTS AND ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS ( a) AND ( c ), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 161, "pr.UMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDITIONS 'ro CODE", SUBSECTION 1l3. 4, "SCHEDULE OF PERMIT FEES", SUBPARAGRAPHS (a) AND (c), TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", SECTION 164.19, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A POTABLE WELL; BY AMENDING CHAPTER 164, "WELLS; SPRINKLER SYSTEMS", SECTION 164.36, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE PERMIT FEES FOR DRILLING OR DRIVING A NONPOTABLE WELL AND SPRINKLER SYSTEM; AND BY AMENDING CHAPTER 155, "ELECTRICITY" , SECTION 155.18, "PERMIT FEES", SUBSECTIONS (A) AND (C), TO PROVIDE FOR AN INCREASE IN PERMIT FEES; PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 150, "Building Regulations", Section 150.062, "Permit fees", of the Code of Ordinances of the City of De1ray Beach, Florida, be, and the same is hereby, amended to read as follows: 1'he application for a moving permit shall be accompanied by "- fee in the dmount of $2':fS $302.50, which fee shall be nonrefundable. Section Section 150.016, 2. That Chapter 150, "Building Regulat_ion" , "Amendments and Additions to Code", Subsection lto 107.4, "Schedule ()f Permit Fees", Subparagraphs (c)(I), (11),(111), (IV), (V), (VI), AND (IX) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: I. Permits for new buildings and additions. A. Permit fees include: 1. Building 2. Electric 3. Plumbing 4. Mechanical 5. Roof B Single permit fee for the above will be: 1. Minimum fee: $33~ee $36.30 plus $}6~ee $17.60 per required inspection. Total valuation: $l,OOO.OO or less. 2. Construction over $1,000.00 of value: The Eee shall be $33~ee $36.30 plus $ll~ee $12.l0 for each additional $1,000.00 of value over $1,000.00 or portion thereof. II, Miscellaneous permits. Miscellaneous permits include driveways, fences, reroofs, pools, utility sheds, patios, sidewalks. A. Single miscellaneous building permit fee will be: 1. Minimum fee: $2,hee $25.30 plus $%6~ee 17.60 per required inspection. Total valuation: $1,000.00 or less. 2. Construction over $1,000.00 of value: The fee shall be $:t:h9B $25.30 plus $B~ge $8.80 for each additional $1,000.00 of value over $1,000.00 or portion thereof. III. Sub trade permit. A. Sub 1. 2 3. .\ . 5. trades for, but not limited to: Sitework St.ructur al pest control Underground fuel tanks Genera) construction Subcont.racts for general construction B. Minilllum fee: $33"ea $36.30 plus $%6~aa $17.60 per required inspection. Total valuation: $l,OOO.OO or less. C. Construction over $l,OOO.OO of value: The fee shi-lll be $33,-ea $36.30 plus $:n.9a $24.20 for each additional $1,000.00 of value over $1,000.00 or portion thereof. IV. per.mi t .for long-term permitting. The permit fee shall be based on $1::1:",99 $12.l0 per $1,000.00 construction cost and shall be paid at the beginning of the yearly period. Within 45 days after the end of the yearly 2 ORD., NO. 129-88 ""f !I l'Gt ioCl, the business shall present to the city a statement of a,;tual cost,s and shall remit to the city, or receive a credit for the difference between the project fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with section l08.2lc) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. V. Permit for moving of building or structure. For moving of any building or structure, the fee shall be $2'T5.ee $302.50. VI. Permit for demolition of building of structure. For the demolition of any building or structure, the fee shall be $Ss.ee $60.50. IX, Certificate of occupancy. (1) For the issuance of an additional certificate of occupancy, the fee shall be $Ss.ee $60.50. (2) For the issuance of a temporary certificate of occupancy, the fee shall be S..S'o ee $599.50. 3ec tion 3. 'l'hat Chapter 157, "Gas Code", Section l57. 02, "Amendments and additions to code", Subsection ll3. 4, "Schedule of permit fees", SUbparagraphs (a) and (c), of the Code of Ordinances of the City of Delray Beach, Florida, be, and same is hereby amended to read as follows: (a) The shall be a minimum fee of $~~.99 $36.60 for $l,OOO.OO or less in construction value plus $16.ge $17.60 required inspection. The fee shall be $3'3.ee $36.60 plus $i!i!.ee $24.20 for each additional $1,000.00 of construction value over $1,000.00 or portion thereof as determined by the building department or by evidence of a signed contract between the owner or his agent and contractor. Ie) Long-term permit fee. The permit fee shall be based on $l~.ee $12.10 per $1,000.00 construction cost and shall be paid at the beginning of the yearly period. \~ithin forty-five (45) days after the end of the yearly period, the business shall present to the ci ty a st a tement of actual costs and shall remit to the City, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with section l08.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. Section 4. That Chapter 160, "Mechanical Code", Section 160.02, "Amendments and additions to code", Subsection l06.3, "Sched- ule of Permit Fees", Subpar agr aphs ( a) and l c), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 3 ORD. NO. 129-88 '.-)1 i !I (a) Ther~ shall be a minimum fee of $33799 $36.30 for $1,000,00 or less in construction value plus $~&~99 $17.60 per 'eguired inspection. The fee shall be $33...99 $36.30 plus $i!i!...99 $24.20 for each additional $1,000.00 of construction value over $1,000.00 or portion thereof as determined by the building department or by evidence of a signed contract between the owner or his agent and contractor. (e) Long-term permit fee. The permit fee shall be based on $%1...99 $12.l0 per $l,OOO.OO construction cost and shall be paid at the beginning of the yearly period. Within forty-five (45) days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with Section 108.2 (c) regarding i.nspe<.:tions for general construction work and shall call for final inspections for electrical and mechanical work for small projects. Section 5. That Chapter 161, "Plumbing code", Section 161.02, "Amendments and additions to code", Subsection ll3.4, "Schedule of Permit Fees", SUbparagraphs (a) and (c), of the Code of Ordinances of the City of Delray Beach, Florida, be, and same is her-eby amended 1:0 read as follows: (a) There shall be a minimum fee of $33...99 $36.30 for $1,000.00 or less in construction value plus $~&~99 $l7.60 per l:eguired inspection. The fee shall be $33...09 $36.30 plus $i!i!...99 $24.20 for each additional $1,000.00 of construction value over $1,000.00 or portion thereof as determined by the building department r)r by evidence of a signed contract between the owner or his agent and contractor. (c) Long-term permit fee. The permit fee shall be based on $%1...99 $12.l0 per. $1,000.00 construction cost and shall be paid at the beginning of the yearly period. Within forty-five (45) days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with Section l08. 2 (c) regarding inspections for general construction work and shall call for final inspections for electrical and mechanical work for small projects. Section 6. That Chapter 164, "Wells; Sprinkler Systems", Section l64.l9, "Permit Fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to read as follows: Permi t fee to be charged by the City for drilling or driving a potable well is $55...99 $60.50. Section 7. That Chapter 164, "Wells; Sprinkler Systems", Section 164.36, "Per-mit fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is amended to read as follows: Permi t fees too be charged by the City are as JOermit. fee for drilling or driving a well shall be $55...99 follows: $60.50; 4 ORD. NO. 129-88 -1' Ii :! dnd a permit plus $ Fh,EtO $1,000.00. fee for sprinkler, minimum, $12.10 per $1,000.00 of shall be $55:99 $60.50; construction cost above Section 8. That Chapter 155, "Electricity", Section 155.18, "Permit fees", Subsections (A) and (C) of the Code of Ordinances of the City of Delray Beach, Florida be, and the same is hereby amended to read as follows: (A) There shall be a minimum fee of $33-;-9Et $36.30 for $1,000.00 or less in construction value plus $~G~9Et $17.60 per required inspection. The fee shall be $33-:99 $36.30 plus $il,h99 $24.20 for each additional $1,000.00 of construction value over $1,000.00 or portion thereof as determined by the building department or by evidence of a signed contract between the owner or his agent and contractor. (e) Long-term permit fees. i, ,i Ii II II ii , " II II I: I II i ,I I: :! I, :i (1.) The permit fee shall be based on $H'~99 $12.10 per $1,000.00 construction cost and shall be paid at the beginning of the yearly period. Within 45 days after the end of the yearly period, the business shall present to the city a statement of actual costs and shall remit to the city, or receive a credit for the difference between the projected fees due and the actual fees due based on actual construction. The holder of the long-term permit shall comply with Section l08.2(c) regarding inspections for general construction work and shall call for final inspections for electrical and mechani- cal work for small projects. (2) To secure an electrical permit for a state-approved modular home, the for building the service shall be $33~99 $36.30. Section 9. That Chapter l74, "Historic Preservation", Section l74.32, "Initiation and Procedure", Subparagraph (B), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 'I i' :j :! (B) An application for certificate of appropriateness must be filed no later than ten calendar days prior to any meeting of the Historic Preservation Board at which time such application is to be heard. The app3::i:eal::i:6f'1 ,,-pplicant shall be pay a filing fee;- -l:he -am6'c1f'1l: -er whieh-Sha3:3:-:ee-ael:el'llt:i:f'Iea-:eY-l:f1e-Beara_af'la_al'l'revea_:ey l:he-eemm:i:ss:i:ef'l;- of $25.00, and no application will be accepted by the Board unless it contains all required and pertinent information and is accompanied by the required fee. Section lO. That should any section or prov~s~on of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Ii Section 11. 'rhat this ordinance shall become effective on November 1, 1988. 5 ORD. NO. 129-88 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1988. ATTEST: MAY 0 R City Clerk First Reading Octol::er 25. 1988 Second Reading I 'I II I: I' ,I I' I " I ,I I' Ii II " I: II I [I :1 I ] I ,I I: I I' I I' I' " I I I II I] II I[ Ii II Ii Ii ]1 il I: 5 ('RD. NO. 129-88 ORDINANCE NO. 137-88 AN ORDINANCE OF THE CITY CO~WISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 173, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.918, "PERMITS AND FEES" (B), BY INCREASING THE FEE SCHEDULE FOR LAND DEVELOPMENT PROCEDURES; BY AMENDING SECTION 173.918 (C), BY INCREASING BOARD OF ADJUSTMENT FEES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Ii :1 II il I, :1 Section 1. Ordinances of the "Permits and Fees', That Chapter 173, "Zoning", of the Code of City of Delray Beach, Florida, Section 173.918 (B) and (C) is hereby amended to read as follows: 173.918 PERMITS AND FEES. (B) The following are required land development application fees: Type of Development Application (1) Site plan approval Fees ~-559 $ 605 plus ~~~9 $120 per acre for the first 20 acres plus $25 per acre for area in excess of 20 acres (2) Conditional use approval 3a5 424 (3) Land use plan amendment Haa l2l0 (4) Rezoning ail5 908 (5) Preliminary plat 33a 363 plus ~aa $97 per acre --- for the first 20 acres plus $20 per acre for area in excess of 20 acres (6) Final plat 449 484 plus ~~~a $120 per acre for the first 20 acres plus $25 per acre for area in excess of 20 acres (7) Abandonment 339 363 (8) Annexation No charge (9) Water service agreement No charge; however, if site plan approval required, see above (10) Site plan modification (minor) 449 484 (11) site plan modification (non-impacting) 3,65 182 (12) Sketch plan/preliminary site plan approval 449 484 4( ,-". '-'" (C) The City Commission shall establish a schedule of fees, charges, and expenses and a collection procedure for all matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Chief Building Official and may be altered or amended only by the City Commission. No action shall be taken on any application or appeal until all applicable charges, expenses, and fees listed below have been paid in full: Board of Adjustment $B'h'S9 $151.25 Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 1988. MAY 0 R ATTEST: City Clerk First Reading October 25, 1988 Second Reading -2- Ord. No. 137-88 II ,I j: .1 II I ,I I' I II Ii II I II I Ii i, 0RDT.NANCE NO. 138-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 159, "LAND- SCJI.PING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 159.50, "RELOCATION OR REPLACEMENT OF TREES", TO PROVIDE FOR AN INCREASE IN THE REMOVAL FEE; AND SECTION l59.51(A), "PERMIT FEES FOR TREE REMOVAL, SHRUB CLEARING", TO PROVIDE FOR AN INCREASE IN THE REMOVAL PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 159, "Landscaping", Section 159.50, "Relocation or replacement of trees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is, hereby amended to :read as follows: As a condition to the granting of a permit, the applicant may be required to relocate the tree being removed or required to replace it with a tree somewhere within the site of a type that will attain normally an overall minimum height of at least 20 feet and shall be a minimum of eight feet in height when planted, if available. When a removed tree is replaced with a tree of a type described in the preced- ing sentence, the removal fee of $%5~99 $16.50 per tree, as provided in Section 159.5l(A), \~ill be waived. Replacement will not be required where the tree is being removed because of disease or interference with existing roadways, driveways, sidewalks and street area, septic tank drain fields, sewer lines or development of commercial property which does not leave room for replacement. Section 2. That Chapter l59.51(A), "Permit fees for tree removal, of Ordinances of the City of Delray Beach, hereby amended to read as follows: 159, "Landscaping", Section shrub clearing", of the Code Florida, be, and the same is, (A) Tree removal permit fee. There shall be paid to the building department a permit fee of $'1:5...99 $16.50 for each tree removed. Where a tree has died due to natural causes, inclUding disease, lethal yellowing, freezing tempera- tures, lightening and storms, inspection and permit shall be required as herein provided, but the permit fee shall be waived. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a c::ourt of competent juriSdiction to be invalid, such decision shall not affect the validity of the r.emainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. November l, 1988. That this ordinance shall become effective on 4a.. '~ II I' II II II il II I I , PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1988. ,'1 A Y 0 R ATTEST: City Clerk First Reading October 25, 1988 Second Reading I I II ,1 I I I I II I I 1 II '1 I [I II ,I Ii 'I I. II II II I 2 ORD NO. 138-88 ',--_/' (,RDINANCE NO. 139-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 150, "BUILDING REGULATIONS", OF THE CODE. OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 150.l02, "PREREQUISITES TO APPROVAL; PERMIT- TED USES", SUBSECTION (C), "BUILDING DEPARTMENT", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter l50, "Building Regulations", Section 150.102, "Prerequisites to approval; permitted uses", Subsection (C), "Building department", of the Code of Ordinances of the City of Delray Beach, Florida, be, and same is, hereby amended to read as follows: (C) Building department. (l) Permit to erect and dismantle structure. (a) Permit fee of $S9~a9 $55.00. (b) Deposit of $50.00 returnable upon the recommendation of the City Manager and subject to removal of all debris resulting from use of the land. (2) Permit to connect temporary electric service on the premises. (See Chapter 9, Article VI, Electricity). Section 2. That should any section or provision of this urdinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. November 1, 1988. That this ordinance shall become effective on PASSED AND ADOPTED in regular session reading on this the day of on second and final , 1988. r.j A Y 0 R ATTEST: City Clerk First Reading October 25, 1988 Second Reading l{.3 \-----/ i)RDINANCE NO. 140-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELR7>.Y BEACH, FLORIDA, BY AMENDING SECTION H7.02, "PERMIT FEES", TO PROVIDE FOR MODIFICATIONS TO THE PERMIT FEES; PROVIDING A SAVING CLAUSE; PROVIDING ANY EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", Section 117.02, "Permit fees", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Applications for a landlord permit shall be available through the Building Department. The annual permit fee shall be $%&~&& $ll.OO per unit. Such permit shall be for one year from the date of issue on November 1 of each year, with the fee to be prorated quarterly. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent juriSdiction to be invalid, such decision will not effect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. November 1, 1988. PASSED AND ADOPTED in regular session on second and final reading on this day of , 1988. That this ordinance shall become effective M.~YOR ATTEST: City Clerk First Reading October 25, 1988 Second Reading 4-lf ,- - ~ ORDINANCE NO. 141-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER l74, "HISTORIC PRESERVATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 174.32, "INITIATION AND PROCEDURE", SUBSEC- TION (B) TO ESTABLISH A TWENTY-FIVE DOLLAR APPLICATION FEE FOR A CERTIFICATE OF APPROPRIATE- NESS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 174, "Historic Preservation", Section l74.32, "Initiation and Procedure", Subparagraph (B), of the Code of Ordinances of the City of Delray Beach, Florida, be, and same is, hereby amended to read as follows: (B) An application for certificate of appropriateness must be filed no later than ten calendar days prior to any meeting of the Historic Preservation Board at which time such application is to be heard. The a~~l~ea~~eft applicant shall pay a filing fee, -~he -ame1:tft~ -e~ -wh~eh llhall -:be -de~e~ftIi:fted -:by -~he -Bea~d -al'ld -a~l'l'eYed -:by -~he €emml:lllll:el'l, of $25.00, and no application will be accepted by the Board unless it contains all required and pertinent information and is accompanied by the required fee. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent juriSdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. November 1, 1988. That this ordinance shall become effective on PASSED AND ADOPTED in regular session reading on this the day of on second and , 1988. final ATTEST: MAYOR City Clerk First Reading October 25. 1988 Second Reading 4-5 ',------ ORDINANCE NO. 142-88 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SWINTON AVENUE AND S,W, 4TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983 "; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sectioll-1L That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: The North Half (N 1/2) of the East Half (E 1/2) and the Northeast Quarter (NE 1/4) of the West Half (W 1/2) of Lot 9 [being the North Half (N 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4), and the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4)] of the Subdivision of Section 20, Township 46 South, Range 43 East, Delray Beach, according to the Plat thereof recorded in Plat Book 1, Page 4. Sheet 1, Public Records of Palm Beach County, Florida, less the East 33 feet and the North 25 feet thereof, The subject property is southwest, corner of the Swinton Avenue and S,W. 4th located at intersection Street. the of The above described parcel contains a 6,75 acre parcel of land, more or less, Section 2.. That shall, upon the effective Zoning Map of Delray Beach, sions of Section 1 hereof, the Planning Director of said City date of this ordinance, change the Florida, to conform with the provi- S.e.D.ti.QIL:L_ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section ~ That should any section or prOVision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Lf(, ''-.,/ Sention ~ That this ordinance shall become effective immediately upon passage on second and final reading, PASSED AND ADOPTED in final reading on this the regular session day of on second and , 1988, MAY 0 R ATTEST: City Clerk First Reading_Q.<:.!<:l1JeI_~~...~988 Second Reading _.__.''_._..,____...__._ - 2 - Ord. No. 142-88